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SCOTTISH STATUTORY INSTRUMENTS


2006 No. 604

LICENCES AND LICENSING

PUBLIC HEALTH

The Civic Government (Scotland) Act 1982 (Licensing of Skin Piercing and Tattooing) Amendment Order 2006

  Made 11th December 2006 
  Coming into force in accordance with article 1

The Scottish Ministers, in exercise of the powers conferred by section 44(1)(b) and (2) of the Civic Government (Scotland) Act 1982[1], and of all other powers enabling them in that behalf, hereby make the following Order, a draft of which has, in accordance with section 44(3) of that Act, been laid before and approved by a resolution of the Scottish Parliament:

Citation, commencement and interpretation
     1. —(1) This Order may be cited as the Civic Government (Scotland) Act 1982 (Licensing of Skin Piercing and Tattooing) Amendment Order 2006 and shall come into force on the day after the day on which it is made.

    (2) In this Order "the 1982 Act" means the Civic Government (Scotland) Act 1982.

Amendment of the Civic Government (Scotland) Act 1982 (Licensing of Skin Piercing and Tattooing) Order 2006
    
2. —(1) The Civic Government (Scotland) Act 1982 (Licensing of Skin Piercing and Tattooing) Order 2006[2] shall be amended as follows.

    (2) In article 1(2) (interpretation)–

    (3) In article 2 (licensing of activity) for sub-paragraph (b) substitute–

    (4) In paragraph 5(b) of the Schedule (modification of paragraph 5 of Schedule 1 to the 1982 Act)–

Transitional and savings provision
     3. —(1) This Order shall apply in relation to any licence granted or renewed on or after the date of coming into force of this Order in respect of an activity designated by article 2 of the Civic Government (Scotland) Act 1982 (Licensing of Skin Piercing and Tattooing) Order 2006[4].

    (2) Subject to paragraph (3), nothing in this Order shall affect any licence granted before that date in respect of such an activity.

    (3) Where an application was made before the date of coming into force of this Order in respect of an activity for which a licence is no longer required on or after that date in pursuance of the modifications made by this Order–


LEWIS MACDONALD
Authorised to sign by the Scottish Ministers

St Andrew's House, Edinburgh
11th December 2006



EXPLANATORY NOTE

(This note is not part of the Order)


This Order amends the Civic Government (Scotland) Act 1982 (Licensing of Skin Piercing and Tattooing) Order 2006 ("the principal Order") which designates the activity of carrying on a business which provides skin-piercing or tattooing as an activity for which a licence under the Civic Government (Scotland) Act 1982 shall be required.

Articles 2(2) and (3) of this Order amend the principal Order to provide that no licence is required for the carrying on of a business which provides skin-piercing or tattooing by a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002. Under the principal Order only the carrying on of such a business by a registered medical practitioner within a health service hospital or an independent clinic was exempt (article 2(2) and (3)(a)).

Article 2(4) of this Order amends the principal Order to amend the conditions that must be imposed by a licensing authority where granting or renewing a licence for the carrying on of a business which provides skin piercing or tattooing, including in particular amending the conditions imposed on premises which carry out ear piercing but no other skin piercing or tattooing activities.

Article 3 of this Order provides that the new provisions shall apply only in relation to any licence granted or renewed on or after the date of coming into force of this Order. Transitional provision is made in respect of applications made before the date of coming into force of this Order in respect of an activity for which a licence is no longer required on or after that date in pursuance of the modifications made by this Order.


Notes:

[1] 1982 c.45. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).back

[2] S.S.I. 2006/43.back

[3] 2002 c.17.back

[4] S.S.I. 2006/43.back



ISBN 0 11 071423 7


 © Crown copyright 2006

Prepared 22 December 2006


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URL: http://www.bailii.org/scot/legis/num_reg/2006/20060604.html