Hairdressers (Registration) Act 1964

1 Establishment of Hairdressing Council. E+W+S

(1) There shall be a body to be called the Hairdressing Council which shall have the functions assigned to it by this Act.

(2) The Hairdressing Council shall be constituted in accordance with Part I of Schedule 1 to this Act and the supplementary provisions contained in Part II of that Schedule shall have effect with respect to the Council.

2 Register of hairdressers. E+W+S

The Hairdressing Council shall F1 ... maintain a register to be called “the register of hairdressers” containing the names, addresses, qualifications and such other particulars as may be prescribed of all persons who are entitled under the provisions of this Act to be registered therein and who apply in the prescribed manner to be so registered, and the form of hairdressing which such persons are qualified to practise.

Textual Amendments

F1 Words in s. 2 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 16 Group 1

3 Qualifications for registration. E+W+S

(1) Subject to the provisions of this Act and to rules under section 6 of this Act, a person shall be entitled to be registered by the Hairdressing Council in the register if he applies for registration F2 ... and satisfies the Council that—

(a) he has—

(i) served a period of apprenticeship; or

(ii) attended a course of training approved by the Council under section 4 of this Act conducted at an institution so approved or partly at one such institution and partly at another or others; and

(b) he has attained a reasonable and sufficient standard to qualify him to practise the form of hairdressing in respect of which he makes the application

F3 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) On registering any person under this section the Council shall issue to him a certificate of registration.

Textual Amendments

F2 Words in s. 3(1) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 16 Group 1

F3 S. 3(2) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 16 Group 1

4 Approval of courses, qualifications and institutions. E+W+S

(1) Subject to the provisions of this section, the Hairdressing Council may approve for the purposes of this Act—

(a) any course of training which the Hairdressing Council considers is designed to confer on persons completing it sufficient knowledge and skill for the practice of hairdressing;

(b) any qualification which, as the result of an examination taken in conjunction with a course of training approved by the Hairdressing Council under this section, is granted to candidates reaching a standard at the examination indicating, in the opinion of the Council, that they have sufficient knowledge and skill to practise hairdressing;

(c) any institution which the Hairdressing Council considers is properly organised and equipped for conducting the whole or any part of a course of training approved by the Hairdressing Council under this section;

and may refuse its approval under this section or withdraw such an approval previously given; and notice of the giving, refusal or withdrawal of such an approval shall be served by the Hairdressing Council on the body or person affected.

(2) The power of approval conferred on the Hairdressing Council by subsection (1) of this section shall include power to approve—

(a) a course of training prepared by the Hairdressing Council and conducted either under arrangements made by the Hairdressing Council or otherwise;

(b) a qualification awarded by the Hairdressing Council as a result of an examination held under arrangements made by the Hairdressing Council.

(3) The withdrawal of an approval under this section shall not prejudice the registration or entitlement to registration of any person who was registered or entitled to registration by virtue of that approval immediately before it was withdrawn.

(4) Any reference in this section to a body or person affected, in relation to an approval, is a reference to the body or person who applied for the approval.

5 Supervision of approved institutions and examinations. E+W+S

It shall be the duty of the Hairdressing Council to keep themselves informed of the nature of the instruction given at institutions approved under section 4 of this Act to persons attending courses approved under that section and of the examinations in hairdressing the passing of which may be prescribed by the Council as being a condition of registration under this Act.

6 Supplementary provisions as to the register. E+W+S

(1) The Hairdressing Council may make rules with respect to the form and keeping of the register and the making of entries, alterations and corrections therein and, in particular—

(a) regulating the making of applications for registration and providing for the evidence to be produced in support of any such application;

(b) providing for the notification to the Council of any change in the particulars entitling a person to be registered;

(c) prescribing a fee to be charged on the entry of a name in, or the restoration of a name to, the register;

(d) prescribing a fee to be charged in respect of the retention in the register of any name in any year subsequent to the year in which that name was first entered in the register;

(e) authorising the registrar of the Hairdressing Council to refuse to enter a name in or restore it to the register until a fee prescribed for the entry or restoration has been paid and to remove from the register the name of a person who, after the prescribed notices and warnings, fails to pay the fee prescribed in respect of the retention of that name in the register;

(f) prescribing anything required or authorised to be prescribed by the provisions of this Act relating to the register.

(2) Rules under this section which provide for the erasure of a name from the register on failure to pay a fee shall provide for its restoration thereto on the making of the prescribed application in that behalf and on payment of that fee and any additional fee prescribed in respect of the restoration.

(3) Rules under this section prescribing fees may provide for the charging of different fees in different classes of cases.

7 Publication of register. E+W+S

(1) The Hairdressing Council shall cause the register to be published F4 ... as often F4 ... as they think fit.

(2) Where the register is not published in any year after the first publication thereof, the Council shall cause any alterations in the entries in the register which have been made since the last publication thereof to be published within that year.

Textual Amendments

F4 Words in s. 7(1) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 16 Group 1

8 Investigating and disciplinary committees. E+W+S

(1) The Hairdressing Council shall set up two committees to be known as the investigating committee and the disciplinary committee respectively, of which—

(a) the investigating committee shall be charged with the duty of conducting a preliminary investigation into any case where it is alleged that a person registered by the Hairdressing Council is liable to have his name removed from the register, and of deciding whether the case should be referred to the disciplinary committee; and

(b) the disciplinary committee shall be charged with the duty of considering and determining any case referred to it by the investigating committee and any other case of which the disciplinary committee has cognisance under subsection (3) of the next following section.

(2) The provisions of Part I of Schedule 2 to this Act shall have effect with respect to the constitution of the investigating and disciplinary committees, and the provisions of Part II of that Schedule shall have effect with respect to the procedure of the disciplinary committee.

9 Removal of names from register for crime, etc. E+W+S

(1) Where—

(a) a person who is registered by the Hairdressing Council is convicted by any court in the United Kingdom of a criminal offence which, in the opinion of the disciplinary committee, renders him unfit to be registered; or

(b) such a person is judged by the disciplinary committee to be guilty of serious negligence in any professional respect; or

(c) the disciplinary committee is satisfied that the name of such a person has been fraudulently entered on the register maintained by the Hairdressing Council:

the committee, may, if it thinks fit, direct that the person’s name shall be removed from the register.

(2) When the disciplinary committee directs that a person’s name shall be removed from the register, the committee shall cause notice of the direction to be served on that person.

(3) A person whose name is removed from the register in pursuance of a direction of the disciplinary committee under this section shall not be entitled to be registered in the register again except in pursuance of a direction in that behalf given by the committee on the application of that person; and a direction under this section for the removal of a person’s name from the register may prohibit an application under this subsection by that person until the expiration of such period from the date of the direction (and where he has duly made such an application, from the date of his last application) as may be specified in the direction.

10 Return of certificates of registration. E+W+S

Where the name of any person is removed from the register in pursuance of this Act that person shall within seven days of receiving notice thereof deliver up to the Council his certificate of registration.

11 Notices, etc. E+W+S

(1) In this Act the expression “notice” means a notice in writing.

(2) Any notice authorised or required to be served under this Act may, without prejudice to any other method of service but subject to any provision to the contrary in rules under this Act be served by post; and for the purpose of the application to this subsection of [F5 section 7 of the M1 Interpretation Act 1978] (which relates to service by post) the proper address of a person to whose registration such a notice relates shall be his address on the register.

Textual Amendments

F5 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2)

Marginal Citations

M1 1978 c. 30.

12 The Registrar. E+W+S

(1) There shall be a registrar of the Hairdressing Council and he shall hold and vacate office in accordance with the terms of his appointment.

(2) The first registrar and each of his successors shall be appointed by the Hairdressing Council.

13 Accounts. E+W+S

(1) The Council shall keep accounts of all sums received or paid by them and the accounts shall be audited by auditors appointed by the Council.

(2) No person [F6 shall be appointed under the last foregoing subsection unless he is eligible for appointment as a [F7 statutory auditor under Part 42 of the Companies Act 2006].]

(3) Copies of the accounts of the Council shall be furnished to any person on application and on payment of such reasonable sum as the Council may determine.

Textual Amendments

F6 Words in s. 13(2) substituted by virtue of S.I. 1991/1997, reg. 2, Sch. para.12.

F7 Words in s. 13(2) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), Sch. 1 para. 1(d) (with arts. 6, 11, 12)

Modifications etc. (not altering text)

C1 Functions of Board of Trade now exercisable concurrently by Secretary of State: S.I. 1970/1537, art. 2(1)(a)

14 Limitation on powers of Council. E+W+S

The Hairdressing Council shall have no powers as regards negotiating questions of service, charges, wages or conditions of employment of hairdressers as between employer and employees or otherwise.

15 Interpretation. E+W+S

In this Act, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them, that is to say:—

• F8 ...

• “functions” includes powers and duties;

• “hairdressing” means the following:—

  shaving, cutting, shampooing, tinting, dyeing, bleaching, waving, curling, straightening, setting, or dressing of the hair, upon the scalp or face, with or without the aid of any apparatus or appliance, preparation or substance; the hand or vibro massage of the scalp or face;

• “prescribed” means prescribed by rules under this Act;

• “the register” means the register of hairdressers to be maintained in pursuance of section 2 of this Act;

• “registered person” means a person who is registered under section 3 of this Act.

Textual Amendments

F8 Words in s. 15 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 16 Group 1

16 Short title and extent. E+W+S

(1) This Act may be cited as the Hairdressers (Registration) Act 1964.

(2) This Act shall not extend to Northern Ireland.