Commentary on Sections Section 1: Main interpretative provisions
12.Section 1 sets out the meaning of “sunbed” and a “sunbed business”, the two key terms used in the Act.
13.A “sunbed”, for the purposes of the Act, encompasses all types of electronic devices which emit ultra-violet (UV) radiation where the purpose of the emission is tanning. The size of the device or the precise mechanism it uses for emitting the UV radiation does not matter. So traditional lie-down sunbeds are caught as well as those in which a person receives UV radiation whilst standing up. Portable devices such as UV sun lamps are also caught. Electrically-powered devices which spray the skin with a substance that gives the appearance of a tan without the use of UV radiation are not “sunbeds” for the purposes of the Act.
14.A “sunbed business” is a business which offers sunbeds for use on the business premises. The business may be exclusively about providing sunbeds for use on the premises (such as a tanning salon) or it may provide sunbeds for use as a complementary or peripheral activity (such as gyms or hotels offering sunbeds for use by members or guests). Either way it is a “sunbed business”. A business can be a “sunbed business” irrespective of whether the sunbed is made available for use in return for payment.