I12Offence by persons carrying on a business
1
A person (a “business owner”) commits an offence if in the course of the business owner's business—
a
a person other than an approved person administers, in England, to another person (“A”)—
i
botulinum toxin, or
ii
a subcutaneous, submucous or intradermal injection of a filler for a cosmetic purpose,
where A is under the age of 18;
b
arrangements are made, in England, by or on behalf of the business owner, for a person other than an approved person to administer, in England, to another person (“A”)—
i
botulinum toxin, or
ii
a subcutaneous, submucous or intradermal injection of a filler for a cosmetic purpose,
where A is under the age of 18.
2
For the purposes of subsection (1), an injection of a filler is, in particular, to be taken to be for a cosmetic purpose if—
a
the filler injected, or arranged to be injected, is generally used for such a purpose, or
b
the likely effect of the injection is, or would be, to alter the appearance of the person injected.
3
A person who commits an offence under subsection (1) is liable on summary conviction to a fine.
4
It is a defence for a business owner charged with an offence under subsection (1) to prove that the business owner took all reasonable precautions and exercised all due diligence to avoid committing it.
5
In this section—
“approved person” means—
- a
a registered medical practitioner;
- b
a regulated health professional who, in administering the botulinum toxin or the filler (as the case may be), is or would be acting in accordance with the directions of a registered medical practitioner;
“filler” has the same meaning as in section 1;
- a
“regulated health professional” has the same meaning as in section 1.