Sunbeds Bill
Marshalled List of Amendments
Consideration Stage
Tuesday 8 February 2011
Amendments tabled up to 9.30am Thursday, 3 February 2011
The Bill will be considered in the following order-
Clauses, Schedules and Long Title
Amendment 1 [Made]
Clause 1 , Page 1, Line 3
Leave out subsection (1) and insert -
‘(1) An operator of sunbed premises who -
(a) allows a person who is under 18 to use a sunbed on those premises, or
(b) allows a person who is under 18 to be present (except in the course of providing services to the operator for the purposes of the business of the sunbed premises) in a restricted zone on those premises,
commits an offence.’
Minister of Health, Social Services and Public Safety
Amendment 2 [Made]
Clause 1 , Page 1, Line 20
At end insert -
‘(4A) Subsections (4B) and (4C) have effect for determining what is for the purposes of subsection (1)(b) a restricted zone.
(4B) If a sunbed on the sunbed premises is in a wholly or partly enclosed space that is reserved for users of that sunbed, every part of that space is a restricted zone.
(4C) If a sunbed is in a room on the sunbed premises but not in a space falling within subsection (4B), every part of that room is a restricted zone.’
Minister of Health, Social Services and Public Safety
Amendment 3 [Made]
Clause 1 , Page 1, Line 22
Leave out ‘level 4’ and insert ‘level 5’
Minister of Health, Social Services and Public Safety
Amendment 4 [Made]
Clause 2 , Page 2, Line 24
Leave out ‘level 4’ and insert ‘level 5’
Minister of Health, Social Services and Public Safety
Clause 3 [Clause removed]
The Minister of Health, Social Services and Public Safety gives notice of his intention to oppose the question that clause 3 stand part of the Bill.
Amendment 5 [Made]
Clause 4 , Page 3, Line 9
Leave out ‘level 3’ and insert ‘level 5’
Minister of Health, Social Services and Public Safety
Amendment 6 [Made]
Clause 5 , Page 3, Line 14
After ‘information’ insert ‘and such other information’
Minister of Health, Social Services and Public Safety
Amendment 7 [Made]
Clause 5 , Page 3, Line 21
After ‘information’ insert ‘and such other information’
Minister of Health, Social Services and Public Safety
Amendment 8 [Made]
Clause 5 , Page 3, Line 25
After ‘information’ insert ‘and such other information’
Minister of Health, Social Services and Public Safety
Amendment 9 [Made]
Clause 5 , Page 3, Line 39
After ‘information’ insert ‘and other information’
Minister of Health, Social Services and Public Safety
Amendment 10 [Made]
Clause 5 , Page 3, Line 42
Leave out ‘level 4’ and insert ‘level 5’
Minister of Health, Social Services and Public Safety
Amendment 11 [Made]
Clause 6 , Page 4, Line 5
After ‘information’ insert ‘and such other information’
Minister of Health, Social Services and Public Safety
Amendment 12 [Made]
Clause 6 , Page 4, Line 14
After ‘information’ insert ‘and other information’
Minister of Health, Social Services and Public Safety
Amendment 13 [Made]
Clause 6 , Page 4, Line 17
Leave out ‘level 4’ and insert ‘level 5’
Minister of Health, Social Services and Public Safety
Amendment 14 [Made]
Clause 8 , Page 4, Line 38
At end insert -
‘(3A) A person (the “seller”) who sells a sunbed to a person and who fails to comply with the requirement in subsection (3B) commits an offence.
(3B) The seller must provide a person who is buying the sunbed with protective eyewear.
(3C) A person (the “hirer”) who hires a sunbed to a person and who fails to comply with the requirement in subsection (3D) commits an offence.
(3D) The hirer must provide a person who is hiring the sunbed with protective eyewear.’
Minister of Health, Social Services and Public Safety
Amendment 15 [Made]
Clause 8 , Page 4, Line 40
Leave out ‘subsections (2) and (3)’ and insert ‘this section’
Minister of Health, Social Services and Public Safety
Amendment 16 [Made]
Clause 8 , Page 5, Line 4
At end insert -
‘(5A) In proceedings for an offence under subsection (3A), it is a defence for the seller to prove that the seller (or an employee or agent of the seller) took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence.
(5B) In proceedings for an offence under subsection (3C), it is a defence for the hirer to prove that the hirer (or an employee or agent of the hirer) took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence.’
Minister of Health, Social Services and Public Safety
Amendment 17 [Made]
Clause 8 , Page 5, Line 6
Leave out ‘level 4’ and insert ‘level 5’
Minister of Health, Social Services and Public Safety
Amendment 18 [Made]
Clause 9 , Page 5, Line 10
Leave out ‘the requirement’ and insert ‘a requirement’
Minister of Health, Social Services and Public Safety
Amendment 19 [Made]
Clause 9 , Page 5, Line 12
Leave out subsection (2) and insert -
‘(2) The operator must -
(a) meet such requirements in relation to training as may be prescribed; and
(b) secure that such employees or agents of the operator as may be prescribed meet such requirements in relation to training as may be prescribed.’
Minister of Health, Social Services and Public Safety
Amendment 20 [Made]
Clause 9 , Page 5, Line 14
At end insert -
‘(2A) A person (the “seller”) who sells a sunbed to any person and who fails to meet such requirements in relation to training as may be prescribed commits an offence.
(2B) A person (the “hirer”) who hires a sunbed to any person and who fails to meet such requirements in relation to training as may be prescribed commits an offence.’
Minister of Health, Social Services and Public Safety
Amendment 21 [Made]
Clause 9 , Page 5, Line 18
At end insert -
‘(3A) In proceedings for an offence under subsection (2A), it is a defence for the seller to prove that the seller (or an employee or agent of the seller) took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence.
(3B) In proceedings for an offence under subsection (2B), it is a defence for the hirer to prove that the hirer (or an employee or agent of the hirer) took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence.’
Minister of Health, Social Services and Public Safety
Amendment 22 [Made]
Clause 9 , Page 5, Line 20
Leave out ‘level 4’ and insert ‘level 5’
Minister of Health, Social Services and Public Safety
Amendment 23 [Made]
Clause 10 , Page 5, Line 26
At end insert -
‘(2A) A person (the “seller”) who sells a sunbed to a person and who fails to comply with the requirement in subsection (2B) commits an offence.
(2B) The seller must secure that a sunbed referred to in subsection (2A) meets such requirements as may be prescribed.
(2C) A person (the “hirer”) who hires a sunbed to a person and who fails to comply with the requirement in subsection (2D) commits an offence.
(2D) The hirer must secure that a sunbed referred to in subsection (2C) meets such requirements as may be prescribed.’
Minister of Health, Social Services and Public Safety
Amendment 24 [Made]
Clause 10 , Page 5, Line 30
At end insert -
‘(3A) In proceedings for an offence under subsection (2A), it is a defence for the seller to prove that the seller (or an employee or agent of the seller) took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence.
(3B) In proceedings for an offence under subsection (2C), it is a defence for the hirer to prove that the hirer (or an employee or agent of the hirer) took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence.’
Minister of Health, Social Services and Public Safety
Amendment 25 [Made]
Clause 10 , Page 5, Line 32
Leave out ‘level 4’ and insert ‘level 5’
Minister of Health, Social Services and Public Safety
Amendment 26 [Made]
Clause 11 , Page 6, Line 6
At end insert -
‘“registered medical practitioner” means a fully registered person within the meaning of the Medical Act 1983 (c. 54) who holds a licence to practise under that Act.’
Minister of Health, Social Services and Public Safety
Amendment 27 [Made]
Clause 14 , Page 6, Line 41
Leave out ‘level 4’ and insert ‘level 5’
Minister of Health, Social Services and Public Safety
Amendment 28 [Made]
Clause 15
Leave out clause 15 and insert -
‘Registration or licensing of sunbed premises or operators, etc.
15. -(1) Regulations may make provision for -
(a) registration by district councils of -
(i) premises which are used as, or which are proposed to be used as, sunbed premises;
(ii) premises on which the sale or hire of sunbeds takes place or is proposed to take place,
and for prohibiting the use for those purposes of any premises which are not registered in accordance with the regulations;
(b) licensing by district councils of -
(i) premises which are used as, or which are proposed to be used as, sunbed premises;
(ii) premises on which the sale or hire of sunbeds takes place or is proposed to take place,
and for prohibiting the use for those purposes of any premises except in accordance with a licence issued under the regulations; or
(c) licensing by district councils of -
(i) operators of sunbed premises;
(ii) persons who sell or hire sunbeds,
and for prohibiting a person from operating sunbed premises or from selling or hiring sunbeds except in accordance with a licence issued under the regulations.
(2) Regulations under this section may -
(a) create offences punishable on summary conviction with a fine not exceeding level 5 on the standard scale;
(b) provide for defences in relation to any offence created by the regulations;
(c) provide for section 13 or any provision of Schedule 1 or 2 to apply with modifications;
(d) provide for district councils to have power to charge fees in relation to registration or licensing;
(e) provide for district councils to have power to revoke licences in such circumstances as are prescribed;
(f) provide for appeals against decisions of district councils to a court of summary jurisdiction.’
Minister of Health, Social Services and Public Safety
Amendment 29 [Made]
Clause 17 , Page 7, Line 39
After ‘under’ insert ‘section 15 or’
Minister of Health, Social Services and Public Safety
Amendment 30 [Made]
Clause 18 , Page 8, Line 19
At end insert -
‘(2) Subsections (3) and (4) have effect for determining for the purposes of this Act on which premises a sunbed is sold or hired where -
(a) the order for the sunbed is taken on certain premises (premises A); and
(b) the sunbed is despatched for delivery in pursuance of the sale or hire from other premises (premises B).
(3) Subject to subsection (4), the sale or hire is to be treated as taking place on premises A.
(4) But if -
(a) premises A are not in Northern Ireland; and
(b) premises B are in Northern Ireland,
the sale or hire is to be treated as taking place on premises B.’
Minister of Health, Social Services and Public Safety