
2009 No. 388
Public Health
The Public Health etc. (Scotland) Act 2008 (Sunbed) Regulations 2009
Made 5th November 2009
Laid before the Scottish Parliament 9th November 2009
Coming into force 1st December 2009

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 95(4)(c), 96(5)(c), 100(5) and 101(4) of the Public Health etc. (Scotland) Act 2008 and all other powers enabling them to do so.

In accordance with section 122(3) of that Act they have consulted such persons as they consider appropriate.
Citation and commencement
1 
These Regulations may be cited as the Public Health etc. (Scotland) Act 2008 (Sunbed) Regulations 2009 and come into force on 1st December 2009.
Amendment of the Public Health etc. (Scotland) Act 2008 (Sunbed) Regulations 2009
2 
The documents and descriptions of documents prescribed for the purposes of sections 95(4)(c) and 96(5)(c) of the Public Health etc. (Scotland) Act 2008 (documents establishing a person’s age) are—
(a) a Ministry of Defence Form 90 (Defence Identity Card);
(b) a photographic identity card bearing the national Proof of Age Standards Scheme hologram;
(c) a national identity card issued by a member State..., Norway, Iceland, Liechtenstein or Switzerland; and
(d) a Biometric Immigration Document.
Provision of health information
3 
Information provided to a person who proposes to use a sunbed on sunbed premises shall be provided in a document which—
(a) contains the information set out in Schedule 1;
(b) is at least A5 in size; and
(c) is printed in black characters, which can easily be read, on a yellow background.
Display Notice
4 
A notice displayed in sunbed premises shall—
(a) contain the information set out in Schedule 2;
(b) be at least A3 in size; and
(c) be printed in black characters, at least 20 millimetres in size, on a yellow background.
SHONA ROBISON
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh

SCHEDULE 1
(Regulation 3)

HEALTH WARNING
INFORMATION FOR SUNBED USERS
You should be aware that using sunbeds may harm your health in the long term. They have been linked to:—
• a significantly higher risk of skin cancer including malignant melanoma (the most serious form of skin cancer);
• eye damage including a higher risk of cataracts – if appropriate eye protection is not worn;
• accelerated skin damage, including premature ageing of the skin.
These health risks outweigh any potential benefits in using sunbeds to supplement Vitamin D.
There are also short term health effects:—
• sunburnt skin, which may become red, painful and blister;
• skin dryness;
• an itchy “heat” rash;
• eye irritation or conjunctivitis if appropriate eye protection is not worn.
You may be at increased risk of harm from sunbed use if you:—
• have a history of skin cancer or someone in your close family has a history;
• have fair or sensitive skin that burns easily in sunlight;
• have a history of sunburn especially in childhood;
• have a large number of freckles and/or red hair;
• have a large number of moles;
• already have skin damage due to sunlight;
• have a medical condition that is made worse by sunlight;
• are taking medication or using certain creams that may sensitise the skin to sunlight;
• have an immune system which is suppressed.

SCHEDULE 2
(Regulation 4)
“HEALTH WARNINGSunbed use may damage your skin and will increase your risk of skin cancer.”