Piercing and
Tattooing (Jersey) Law 2002[1]
A LAW to regulate the practices of
acupuncture, body and ear piercing, electrolysis and tattooing and the premises
on which those practices are conducted, whether or not for reward, and for
matters incidental thereto and connected therewith
Commencement
[see endnotes]
1 Interpretation
In this Law, unless the context otherwise
requires –
“acupuncture” means the insertion of solid needles into
the skin in order to stimulate nerve impulses for medical purposes;
“body piercing” means total or partial penetration of
any part of the skin other than the lower non-cartilaginous lobe of the pinna,
using a needle or other implement, with the intention of creating an aperture
for decorative or cosmetic purposes, including insertion through or into the
skin, whether or not by the person carrying out the body piercing, of
decorative jewellery;
“Commission” means the Health and Social Care Commission
established by Article 35 of the Regulation of Care (Jersey) Law 2014;
“designated officer” means a person appointed under Article 7;
“doctor” means a medical practitioner registered under
the Medical Practitioners
(Registration) (Jersey) Law 1960;
“ear piercing” means total or partial penetration of the
lower non-cartilaginous lobe of the pinna, using a needle or other implement,
with the intention of creating an aperture for decorative or cosmetic purposes,
including insertion through or into the skin, whether or not by the person
carrying out the ear piercing, of decorative jewellery;
“electrolysis” means the insertion of needles into the
skin in order to apply electrical current for medical or cosmetic purposes;
“prescribed” means prescribed by Order made by the Chief
Minister;
“registered person” and “registered premises”
mean a person or premises, as the case may be, registered under this Law;
“tattooing” means the insertion into the skin of any
colouring material for decorative purposes and designed to leave a permanent
mark; and
“treatment” means any operation in administering
acupuncture, body or ear piercing, electrolysis or tattooing.[2]
2 Requirement
for persons and premises to be registered
(1) Subject to paragraphs (2)
and (3), a person shall not administer treatment to another person (whether or
not for reward) unless he or she and any premises from which he or she
administers treatment are registered by the Commission in accordance with this Law.[3]
(2) A registered person may
occasionally administer treatment elsewhere than from registered premises if he
or she has the prior approval of the Commission.[4]
(3) This Article shall not
apply to a person who is registered under any other Law which permits the
administering of treatment as part of the professional activities which that person
is registered to perform in Jersey.
(4) Every registration
under this Law shall expire on the 31st December next following the date on
which it takes effect but shall be renewable annually in accordance with this Law.
3 Application
for and renewal of registration
An application for registration or renewal of registration under Article 2
shall –
(a) be in such form as the Commission
may require;
(b) specify the categories
of treatment in respect of which it is made;
(c) contain or be
accompanied by such particulars as the Commission may require; and
(d) be accompanied by such
fee as may be prescribed (which shall not be refunded if the application or
renewal is refused).[5]
4 Determination
of applications and maintenance of register
(1) Subject to paragraph (2),
the Commission shall register a person or premises under this Law if and only
if the Commission is satisfied –
(a) that
the person possesses such qualifications and experience as may be prescribed;
and
(b) that
the premises and any equipment used in connection with the administration of
any treatment meet such conditions as may be prescribed.[6]
(2) The Commission may
refuse to register or renew the registration –
(a) of
any person the Commission considers not to be a fit and proper person to
administer the treatment the person proposes to administer; or
(b) of
any premises the Commission considers to be unsuitable for the purposes of
administering the treatment proposed to be administered from those premises.[7]
(3) Where the Commission
registers or renews the registration of any person or premises the Commission
may impose such conditions on such registration as it thinks fit.[8]
(4) The Commission shall maintain
a register of registered persons and registered premises, and the register
shall –
(a) specify
the categories of treatment to which the registration relates;
(b) contain
such other particulars as may be prescribed; and
(c) be
available for inspection at reasonable times by members of the public.[9]
(5) Where a person or
premises have been registered and any of the particulars required to be
supplied to the Commission under Article 3(1)(c) have changed, the person
concerned shall inform the Commission as soon as reasonably practicable.[10]
(6) The Commission may make
such alterations to the register as are necessary to ensure its accuracy.[11]
5 Offences
in connection with registration
(1) A person
who –
(a) contravenes
Article 2(1); or
(b) contravenes
any condition imposed under Article 4(3) or fails to comply with Article 4(5),
shall be guilty of an offence and liable to a fine not exceeding
level 3 on the standard scale.
(2) A person who wilfully
procures or attempts to procure himself or herself or any other person to be
registered by making or producing, or causing to be made or produced, any false
or fraudulent representation or declaration, either orally or in writing, shall
be guilty of an offence and liable to imprisonment for a term not exceeding 2
years or to a fine, or both.
(3) An owner or occupier of
any premises who knowingly allows –
(a) such
premises, not being registered in accordance with this Law, to be used for the
purpose of administering treatment; or
(b) any person
who is not registered in accordance with this Law to administer treatment on
such premises,
shall be guilty of an offence and liable to a fine not exceeding
level 3 on the standard scale.
6 Treatment
of persons not of full age
(1) Subject to paragraph (2)
a person shall not –
(a) administer
body piercing or tattooing to a person under the age of 16 years;
(b) administer
body piercing or tattooing to a person aged more than 16 years but under
full age without the prior written consent of that person’s parent or
guardian; or
(c) administer
acupuncture, ear piercing or electrolysis to a person under the age of 16
years without the prior written consent of that person’s parent or
guardian.
(2) Paragraph (1)
shall not apply where the treatment consists of any procedure performed by a
doctor or a dentist in the course of his or her practice as such.
(3) A person who
intentionally or recklessly contravenes paragraph (1) shall be guilty of
an offence and liable –
(a) in
the case of an offence under paragraph (1)(a) to imprisonment for a term
not exceeding 5 years or to a fine, or both; and
(b) in
the case of an offence under paragraph (1)(b) or (c) shall be liable to a
fine not exceeding level 3 on the standard scale.
7 Designated
officers
(1) The Commission may
appoint in writing any person whom the Commission considers to be suitably
qualified, to be a designated officer for the purposes of all or any part of
this Law.[12]
(2) A designated officer
who is exercising his or her powers under this Law shall on request –
(a) produce
evidence of his or her authority to do so; and
(b) state
his or her name and the power that he or she proposes to exercise.
8 General
powers of entry and investigation
(1) A designated officer
may, in respect of any registered premises, for the purposes of ascertaining
compliance with this Law –
(a) enter,
inspect or search the premises;
(b) take
or remove for examination, analysis or as evidence any substances, articles or
other things found there;
(c) inspect
any records kept there; or
(d) require
any person there to furnish such information as he or she may reasonably
require with respect to the premises or any person who has administered
treatment from the premises.
(2) A power under this Article
shall only be exercised –
(a) where
there are reasonable grounds for doing so;
(b) in
the manner that is proportionate and otherwise reasonable;
(c) at a
reasonable hour; and
(d) if
the designated officer has given not less than 48 hours’ notice in
writing to the owner or the occupier of the premises.
(3) Paragraph (2)(c)
and (d) shall not apply in an emergency.
(4) Where the Bailiff, a
Jurat, the Magistrate or Sous-Magistrat is satisfied on sworn
information –
(a) that
there are reasonable grounds for the exercise of any power under paragraph (1);
and
(b) that
in the circumstances of the case it is desirable to grant a warrant under this paragraph,
he or she may grant a warrant to a designated officer authorizing
the officer at any time to enter the premises specified in the warrant and
there exercise any powers under paragraph (1) and in doing so to use any
reasonable force necessary.
(5) A warrant shall
continue in force until –
(a) the
purposes for which the warrant is granted have been fulfilled; or
(b) the
expiry of the period of one month following its grant.
(6) A person who without
reasonable excuse intentionally obstructs a designated officer who is
exercising or seeking to exercise any power under this Article shall be guilty
of an offence and liable to a fine not exceeding level 3 on the standard scale.
(7) Where a designated
officer has exercised any powers under this Article in respect of registered
premises, he or she shall in writing inform the owner or occupier of the
premises as soon as reasonably practicable and in any event within 21
days –
(a) of
the powers he or she has so exercised; and
(b) of
everything he or she has taken or removed in the course of exercising those
powers.
9 Codes
of Practice
The Commission may issue Codes of Practice setting out –
(a) the practice and
procedures that should be adopted by a registered person in administering any
treatment;
(b) the standards to which
registered premises and any equipment used in connection with the
administration of treatment should conform; and
(c) the records that should
be kept in respect of persons to whom, and the premises at which, treatment is
administered.[13]
10 Revocation
of Registration
(1) Where a registered person
has been convicted of an offence under this Law the court may, in addition to
any other penalty it may wish to impose, order that his or her registration
and, if he or she is the only registered person administering treatment from
registered premises, the registration in respect of those premises, be revoked.
(2) Where the Commission is
satisfied –
(a) that
a registered person –
(i) has contravened
or failed to comply with any condition imposed under Article 4(3) with
respect to his or her registration or that of registered premises from which he
or she administers treatment,
(ii) has
contravened or failed to comply with any provision of this Law or any Order
made or Code of Practice issued thereunder, or
(iii) is
otherwise not a fit and proper person to be administering the treatment he or
she is administering; or
(b) that
registered premises are unsuitable for the purposes of administering the
treatment proposed to be administered from those premises,
the Commission may revoke his or her registration and, if he or she
is the only registered person administering treatment from registered premises,
the registration in respect of those premises.[14]
11 Appeals
(1) Where the Commission
proposes to refuse registration or to grant such registration subject to
conditions under Article 4, or to revoke such registration under Article 10,
it shall give the person concerned written notice of –
(a) the
Commission’s intention to do so and the reasons for so doing; and
(b) the
person’s right to be heard in person or by a representative if it informs
the Commission in writing of his or her desire to do so within 14 days of
the notice.[15]
(2) If the Commission,
after having given the person concerned an opportunity to be heard, decides to
refuse the application, imposes conditions or revokes the registration, the Commission
shall if the person requires deliver to him or her within 7 days of
receiving such request written particulars of the reasons for the Commission’s
decision and the person’s right of appeal.[16]
(3) A person aggrieved by
such decision of the Commission may, within 28 days from the date on which
the person is notified of it under paragraph (2) appeal to the Inferior
Number of the Royal Court.[17]
(4) Subject to paragraph (5),
where the Commission has revoked the registration of any person or premises
such revocation shall not take effect until the 28 days after the person
concerned receives notification of the revocation or his or her appeal has been
dismissed, whichever is the earlier.[18]
(5) Where the Commission
considers that it is necessary in the public interest for the revocation of a
registration under this Law to have immediate effect, the Commission may apply
to the Bailiff, a Jurat, the Magistrate or Sous-Magistrate, who may make such
order.[19]
(6) On an appeal under this
Article the court may confirm, reverse or vary the Commission’s decision.[20]
12 Orders
(1) The Chief Minister may
make Orders generally for carrying this Law into effect and in particular but
without prejudice to the generality of the foregoing, for prescribing any
matter which may be prescribed by this Law.[21]
(2) An Order under this Law
may –
(a) impose
requirements with respect to registered persons and registered premises; and
(b) provide
that a person who contravenes or fails to comply with any such requirement
shall be guilty of an offence and liable to such a fine not exceeding
level 3 on the standard scale as may be prescribed.
(3) An Order under this Law
may –
(a) make
different provisions in relation to different cases or circumstances;
(b) contain
such consequential, incidental, supplemental and transitional provisions as the
Chief Minister considers to be necessary or expedient.[22]
(4) [23]
13 Transitional
provisions
Article 2 shall not apply to a person administering treatment
or to the premises from which he or she administers that treatment before the
commencement of this Law until 3 months after such commencement, or until the
determination of any application for registration under this Law made during
that period, whichever is the later.
14 Criminal
liability
(1) Any person who aids,
abets, counsels or procures the commission of an offence under this Law shall
also be guilty of the offence and liable in the same manner as a principal
offender to the penalty provided for that offence.
(2) Where an offence under
this Law committed by a body corporate is proved to have been committed with
the consent or connivance of or to be attributable to any neglect on the part
of –
(a) a person
who is a director, manager, secretary or other similar officer of the body
corporate; or
(b) any person
purporting to act in any such capacity,
the person shall also be guilty of the offence and liable in the
same manner as the body corporate to the penalty provided for that offence.
(3) Where the affairs of a
body corporate are managed by its members, paragraph (2) shall apply in
relation to acts and defaults of a member in connection with the member’s
functions of management as if he or she were a director of the body corporate.
15 Citation
This Law may be cited as the Piercing and Tattooing (Jersey)
Law 2002.