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ANNEX C

PUBLIC HEALTH ETC. (SCOTLAND) ACT 2008 (SUNBED) REGULATIONS 2009

QUESTIONNAIRE ON DRAFT REGULATIONS AND REGULATORY IMPACT ASSESSMENT

1. Regulation 2: Prescribed documents

In accordance with sections 95 and 96 of the Public Health etc. (Scotland) Act 2008 ('the Act') an operator of sunbed premises who, without reasonable excuse, allows a person who is under 18 to use a sunbed on those premises commits an offence; a person who, without reasonable excuse, sells or hires a sunbed to a person who is under 18 commits an offence. An operator of sunbed premises, sellers and hirers of sunbeds will be treated as having taken all reasonable steps to establish the person's age if the operator was shown any of the documents below and the document would have convinced a reasonable person. Those documents are:

(a) a passport;

(b) a European Union photocard driving licence; or

(c) such other document (or description of document) as may be prescribed.

Regulation 2 prescribes such other document as the photographic identity card of a type approved by the British Retail Consortium for the purposes of its Proof of Age Standards Scheme ( PASS).

Are you content with this form of identification?

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Are there other forms of identification which might be used?

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Comments

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2. Regulation 3 and Schedule 1: Provision of health information

Section 100 of the Act places a duty on an operator of sunbed premises to provide a person who proposes to use a sunbed on sunbed premises with such information regarding the effects on health of sunbed use, as may be prescribed. The information is to be provided each time the person proposes to use a sunbed on those premises.

Regulation 3 prescribes the form in which that information is to be provided. The information is set out in Schedule 1. Please note that the information can only contain information on the health risks associated with sunbed use. Health and safety issues, such as the precautions which should be taken when using a sunbed, fall outwith the scope of the Regulations and are the responsibility of the Health & Safety Executive.

Bearing this in mind, are you content with the form and content of the information to be provided?

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If not, how do you suggest this might be improved?

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Comments

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3. Regulation 4 and Schedule 2: Display notice

Section 102 of the Act places a duty on an operator of sunbed premises to display a notice containing such information as may be prescribed and in a position where it is readily visible to persons proposing to use a sunbed on the premises.

Regulation 4 prescribes the form of the display notice. The information to be displayed is set out in Schedule 2. As outlined above, the notice can only contain information on the health effects of sunbed use.

Bearing this in mind, are you content with the form and content of the display notice?

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If not, how do you suggest this might be improved?

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Comments

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DRAFT REGULATORY IMPACT ASSESSMENT ( RIA)

4. There is a legal requirement for an RIA to accompany all draft regulations to assess the potential costs and benefits of the proposals. The draft partial RIA for these regulations is at Annex B.

Do you wish to make any comments on the draft RIA?

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Do you have any other general comments?

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PLEASE RETURN COMPLETED QUESTIONNAIRE AND RESPONDENT INFORMATION FORM TO:

RESPONDENT INFORMATION FORM

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