Commentary on Sections Section 4: Power to make further provision restricting use, sale or hire of sunbeds
23.Section 4 (like sections 5 and 6) contains regulation-making powers exercisable by the “appropriate national authority”, which is the Secretary of State in relation to England and the Welsh Ministers in relation to Wales (see the definitions of “regulations” and “appropriate national authority” in section 12). Subsection (1)(a) allows regulations to be made requiring that the use of commercial sunbeds is supervised. The regulations may make provision about the supervision required.
24.Subsection (1)(b) and (c) enable regulations to be made to extend the duties in section 2(1)(b) and (c) (the duties to ensure that sunbeds are not used, or offered for use, by a person aged under 18) so that they apply in respect of sunbed businesses where the sunbeds to which that business relates are located in domestic premises, that is premises used wholly or mainly as someone’s home.
25.Subsection (2) enables regulations to be made banning or restricting the sale and hire of sunbeds to persons aged under 18. The regulations may cover face-to-face and remote transactions (for example internet transactions).
26.Under subsection (3), the Secretary of State and the Welsh Ministers must consult with interested parties before making regulations requiring the use of sunbeds to be supervised or prohibiting or restricting the sale or hire of sunbeds.