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EXETER CITY COUNCIL
LICENSING COMMITTEE
20 MARCH 2007
ADOPTION OF BYELAWS FOR THE REGULATION OF ACUPUNCTURE,
ELECTROLYSIS, TATTOOING, COSMETIC PIERCING AND SEMI-
PERMANENT SKIN COLOURING BUSINESSES
1. PURPOSE OF THE REPORT
1.1 To inform Members of the introduction of legislation governing the activities of cosmetic piercing and semi-permanent skin colouring, and to seek Member approval for the adoption of model byelaws regulating the activities of acupuncture, electrolysis, tattooing, cosmetic piercing and semi-permanent skin colouring businesses.
- BACKGROUND
2.1 At its meeting on 3 February 1987, Exeter City Council resolved that, with effect from 1 June 1987, the provisions of Section 14 (Acupuncture), Section 15 (Tattooing, Ear Piercing and Electrolysis) and sections 16 and 17 (Power to Enter Premises) of Part VIII of the Local Government (Miscellaneous Provisions) Act 1982 should apply to the City of Exeter and that, on the coming into force of provisions of Sections 14 and 15, byelaws to control the operation of such activities be made, the primary purpose of which being to ensure the cleanliness and hygiene of premises, practitioners and equipment.
2.2 Since the making of those byelaws there has been an increase in the popularity of cosmetic body piercing and semi-permanent skin colouring. Techniques involving piercing of regions of the body other than the ears and activities such as temporary tattooing are now performed routinely at many permanent premises. These activities carry a potential risk of blood borne virus transmission such as HIV, hepatitis B, hepatitis C and other infections if infection control procedures are not observed, (e.g. the use of sterile equipment for each client).
2.3 Until recently local authorities in England (outside London) and in Wales did not have powers to require businesses offering these services to register and observe byelaws relating to the cleanliness and hygiene of premises. Local authorities’ powers were limited to regulating ear piercing, tattooing, electrolysis and acupuncture. A joint Department of Health and Welsh Office consultation exercise in 1996 elicited widespread support for changing the law to extend local authorities’ powers.
2.4 The Local Government Act 2003 amends the 1982 Act to include cosmetic piercing (piercing of the body including the ear) and semi-permanent skin colouring (including micro-pigmentation, semi-permanent make-up and temporary tattooing) businesses in the list of those which local authorities have powers to regulate. These provisions came into force on 1 April 2004 and the Council is now able to require such businesses:
(i) to register themselves and their premises; and (ii) to observe byelaws relating to the cleanliness and hygiene of premises, practitioners and equipment.
2.5 There is no statutory age of consent for cosmetic piercing. Cosmetic piercing of a minor is lawful provided a valid consent is given. A statutory minimum age of consent for tattooing (18 years of age) is specified in the Tattooing of Minors Act
- There are no current plans to introduce legislation to make the cosmetic piercing of minors a criminal offence. The Government prefers that businesses carrying out cosmetic piercing should be subject to local authority control so that these activities can be carried out in a safe and hygienic manner.
- CONTENT OF THE BYELAWS
3.1 The Department of Health has issued a combined set of model byelaws (appended to this report) for acupuncture, tattooing, semi-permanent skin colouring, cosmetic piercing and electrolysis. The purpose of these byelaws is to secure the cleanliness of premises and persons undertaking these activities and the cleansing and, so far as appropriate, sterilization of instruments, materials and equipment used therein.
3.2 The combined set of byelaws is substantially the same as the separate byelaws currently in force in relation to acupuncture, tattooing, ear piercing and electrolysis. These byelaws will be repealed when the new byelaws are adopted.
- PROCEDURE FOR MAKING THE BYELAWS
4.1 Following formal approval of the model byelaws by the Council (and the affixing of the common seal) they are required to be advertised locally and placed on deposit for public inspection for at least one month prior to submission to the Secretary of State for Health for confirmation. Any representations made by the public will be taken into account by the Secretary of State when considering whether to confirm the byelaws. If approved the byelaws will come into operation on a date to be determined by the Secretary of State. It is intended that the new registration regime shall come into effect on the same date.
APPENDIX I
MODEL BYELAWS
Acupuncture, tattooing, semi-permanent skin-colouring, cosmetic piercing and electrolysis
Byelaws for the purposes of securing the cleanliness of premises registered under sections 14(2) or 15(2) or both of the Local Government (Miscellaneous Provisions) Act 1982 and fittings in such premises and of persons registered under sections 14(1) or 15(1) or both of the Act and persons assisting them and of securing the cleansing and, so far as appropriate, sterilization of instruments, materials and equipment used in connection with the practice of acupuncture or the business of tattooing, semi-permanent skin-colouring, cosmetic piercing or electrolysis, or any two or more of such practice and businesses made by Exeter City Council in pursuance of sections 14(7) or 15(7) or both of the Act.
Interpretation
1.—(1) In these byelaws, unless the context otherwise requires—
“The Act” means the Local Government (Miscellaneous Provisions) Act 1982;
“client” means any person undergoing treatment;
“hygienic piercing instrument” means an instrument such that any part of the instrument that touches a client is made for use in respect of a single client, is sterile, disposable and is fitted with piercing jewellery supplied in packaging that indicates the part of the body for which it is intended, and that is designed to pierce either─ (a) the lobe or upper flat cartilage of the ear, or (b) either side of the nose in the mid-crease area above the nostril;
“operator” means any person giving treatment, including a proprietor;
“premises” means any premises registered under sections 14(2) or 15(2) of the Act;
“proprietor” means any person registered under sections 14(1) or 15(1) of the Act;
“treatment” means any operation in effecting acupuncture, tattooing, semi-permanent skin-colouring, cosmetic piercing or electrolysis; “the treatment area” means any part of premises where treatment is given to clients.
(2) The Interpretation Act 1978 shall apply for the interpretation of these byelaws as it applies for the interpretation of an Act of Parliament.
2.—(1) For the purpose of securing the cleanliness of premises and fittings in such premises a proprietor shall ensure that—
(a) any internal wall, door, window, partition, floor, floor covering or ceiling is kept clean and in such good repair as to enable it to be cleaned effectively;
(b) any waste material, or other litter arising from treatment is handled and disposed of in accordance with relevant legislation and guidance as advised by the local authority;
(c) any needle used in treatment is single-use and disposable, as far as is practicable, or otherwise is sterilized for each treatment, is suitably stored after treatment and is disposed of in accordance with relevant legislation and guidance as advised by the local authority;
(d) any furniture or fitting in premises is kept clean and in such good repair as to enable it to be cleaned effectively;
(e) any table, couch or seat used by a client in the treatment area which may become contaminated with blood or other body fluids, and any surface on which a needle, instrument or equipment is placed immediately prior to treatment has a smooth impervious surface which is disinfected—
(i) immediately after use; and (ii) at the end of each working day.
(f) any table, couch, or other item of furniture used in treatment is covered by a disposable paper sheet which is changed for each client;
(g) no eating, drinking, or smoking is permitted in the treatment area and a notice or notices reading “No Smoking”, and “No Eating or Drinking” is prominently displayed there.
(2)(a) Subject to sub-paragraph (b), where premises are registered under section 14(2) (acupuncture) or 15(2) (tattooing, semi-permanent skin-colouring, cosmetic piercing and electrolysis) of the 1982 Act, a proprietor shall ensure that treatment is given in a treatment area used solely for giving treatment;
(bb) sterilization, unless only pre-sterilized items are used.
(ii) sufficient and safe gas points and electrical socket outlets;
(iii) an adequate and constant supply of clean hot and cold water on the premises;
(iv) clean and suitable storage which enables contamination of the articles, needles, instruments and equipment mentioned in paragraphs 3(1)(a)(i), (ii), (iii), (iv) and (v) to be avoided as far as possible.
4.—(1) For the purpose of securing the cleanliness of operators, a proprietor—
(a) shall ensure that an operator—
(i) keeps his hands and nails clean and his nails short;
(ii) keeps any open lesion on an exposed part of the body effectively covered by an impermeable dressing;
(iii) wears disposable examination gloves that have not previously been used with another client, unless giving acupuncture otherwise than in the circumstances described in paragraph 4(3);
(iv) wears a gown, wrap or protective clothing that is clean and washable, or alternatively a disposable covering that has not previously been used in connection with another client;
(v) does not smoke or consume food or drink in the treatment area; and
(b) shall provide—
(i) suitable and sufficient washing facilities appropriately located for the sole use of operators, including an adequate and constant supply of clean hot and cold water, soap or detergent; and
(ii) suitable and sufficient sanitary accommodation for operators.
(2) Where an operator carries out treatment using only a hygienic piercing instrument and a proprietor provides either a hand hygienic gel or liquid cleaner, the washing facilities the proprietor provides need not be for the sole use of the operator.
(3) Where an operator gives acupuncture a proprietor shall ensure that the operator wears disposable examination gloves that have not previously been used with another client if—
(a) the client is bleeding or has an open lesion on an exposed part of his body; or
(b) the client is know to be infected with a blood-borne virus; or
(c) the operator has an open lesion on his hand; or
(d) the operator is handling items that may be contaminated with blood or other body fluids.
- A person registered in accordance with sections 14 (acupuncture) or 15 (tattooing, semi-permanent skin-colouring, cosmetic piercing and electrolysis) of the Act who visits people at their request to give them treatment should observe the requirements relating to an operator in paragraphs 3(1)(a) and 4(1)(a).
- The byelaws relating to acupuncture, tattooing, ear-piercing and electrolysis that were made by Exeter City Council on the 7 October 1987 and were confirmed by the Secretary of State for Social Services on 28 January 1988 are revoked.
COUNCIL’S SIGNATURE COUNCIL’S SEAL
The foregoing byelaws are hereby confirmed by the Secretary of State for Health on and shall come into operation on
[Printed name]
Member of the Senior Civil Service
Department of Health
The requirement in paragraph 2(2) that treatment is given in a treatment area used solely for giving treatment applies to acupuncture, tattooing, semi-permanent skin-colouring, cosmetic piercing and electrolysis but not to ear-piercing or nose-piercing using a hygienic piercing instrument.
The requirement in paragraph 2(3) that the floor of the treatment area be provided with a smooth impervious surface applies to tattooing, semi-permanent skin-colouring and cosmetic piercing but not to acupuncture or electrolysis or ear-piercing or nose-piercing using a hygienic piercing instrument.
The requirements relating to dye or a container used to hold dye used for treatment in paragraphs 3(1) (a) (iv) and (v) apply to tattooing and semi-permanent skin-colouring.
The requirement in paragraph 4(1)(a)(iii) that an operator wears disposable examination gloves that have not previously been used with another client does not apply to acupuncture otherwise than in the circumstances described in paragraph 4(3).
The provisions of paragraph 4(2) in relation to washing facilities apply to cosmetic piercing using only a hygienic piercing instrument.
The exception whereby the byelaws do not apply to treatment carried out by or under the supervision of a dentist applies only to acupuncture (see section 14(8) of the Act).
