Tattooing (Jersey) Law 2002
A LAW to regulate the practices of
acupuncture, body and ear piercing, electrolysis and tattooing and the premises
on which those practices are conducted, whether or not for reward, and for
matters incidental thereto and connected therewith
In this Law, unless the context otherwise
the insertion of solid needles into the skin in order to stimulate nerve
impulses for medical purposes;
means total or partial penetration of any part of the skin other than the lower
non-cartilaginous lobe of the pinna, using a needle or other implement, with
the intention of creating an aperture for decorative or cosmetic purposes,
including insertion through or into the skin, whether or not by the person
carrying out the body piercing, of decorative jewellery;
“Commission” means the Health and Social Care Commission
established by Article 35 of the Regulation of Care (Jersey) Law 2014;
means a person appointed under Article 7;
“doctor” means a
medical practitioner registered under the Medical
Practitioners (Registration) (Jersey) Law 1960;
“ear piercing” means
total or partial penetration of the lower non-cartilaginous lobe of the pinna,
using a needle or other implement, with the intention of creating an aperture
for decorative or cosmetic purposes, including insertion through or into the
skin, whether or not by the person carrying out the ear piercing, of decorative
the insertion of needles into the skin in order to apply electrical current for
medical or cosmetic purposes;
prescribed by Order made by the Chief Minister;
and “registered premises” mean
a person or premises, as the case may be, registered under this Law;
the insertion into the skin of any colouring material for decorative purposes
and designed to leave a permanent mark; and
any operation in administering acupuncture, body or ear piercing, electrolysis
for persons and premises to be registered
to paragraphs (2) and (3), a person shall not administer treatment to
another person (whether or not for reward) unless he or she and any premises
from which he or she administers treatment are registered by the Commission in
accordance with this Law.
registered person may occasionally administer treatment elsewhere than from
registered premises if he or she has the prior approval of the Commission.
Article shall not apply to a person who is registered under any other Law which
permits the administering of treatment as part of the professional activities
which that person is registered to perform in Jersey.
registration under this Law shall expire on the 31st December next following
the date on which it takes effect but shall be renewable annually in accordance
with this Law.
for and renewal of registration
An application for registration or renewal of registration under Article 2
in such form as the Commission may require;
the categories of treatment in respect of which it is made;
or be accompanied by such particulars as the Commission may require; and
accompanied by such fee as may be prescribed (which shall not be refunded if
the application or renewal is refused).
of applications and maintenance of register
to paragraph (2), the Commission shall register a person or premises under
this Law if and only if the Commission is satisfied –
the person possesses such qualifications and experience as may be prescribed;
the premises and any equipment used in connection with the administration of
any treatment meet such conditions as may be prescribed.
Commission may refuse to register or renew the registration –
any person the Commission considers not to be a fit and proper person to
administer the treatment the person proposes to administer; or
any premises the Commission considers to be unsuitable for the purposes of
administering the treatment proposed to be administered from those premises.
the Commission registers or renews the registration of any person or premises
the Commission may impose such conditions on such registration as it thinks
Commission shall maintain a register of registered persons and registered
premises, and the register shall –
the categories of treatment to which the registration relates;
such other particulars as may be prescribed; and
available for inspection at reasonable times by members of the public.
a person or premises have been registered and any of the particulars required
to be supplied to the Commission under Article 3(1)(c) have changed, the
person concerned shall inform the Commission as soon as reasonably practicable.
Commission may make such alterations to the register as are necessary to ensure
in connection with registration
(1) A person
Article 2(1); or
any condition imposed under Article 4(3) or fails to comply with Article 4(5),
shall be guilty of an offence and liable to a fine not exceeding
level 3 on the standard scale.
(2) A person
who wilfully procures or attempts to procure himself or herself or any other person
to be registered by making or producing, or causing to be made or produced, any
false or fraudulent representation or declaration, either orally or in writing,
shall be guilty of an offence and liable to imprisonment for a term not
exceeding 2 years or to a fine, or both.
owner or occupier of any premises who knowingly allows –
premises, not being registered in accordance with this Law, to be used for the
purpose of administering treatment; or
person who is not registered in accordance with this Law to administer
treatment on such premises,
shall be guilty of an offence and liable to a fine not exceeding
level 3 on the standard scale.
of persons not of full age
to paragraph (2) a person shall not –
body piercing or tattooing to a person under the age of 16 years;
body piercing or tattooing to a person aged more than 16 years but under
full age without the prior written consent of that person’s parent or
acupuncture, ear piercing or electrolysis to a person under the age of 16
years without the prior written consent of that person’s parent or
(1) shall not apply where the treatment consists of any procedure performed by
a doctor or a dentist in the course of his or her practice as such.
(3) A person
who intentionally or recklessly contravenes paragraph (1) shall be guilty
of an offence and liable –
the case of an offence under paragraph (1)(a) to imprisonment for a term
not exceeding 5 years or to a fine, or both; and
the case of an offence under paragraph (1)(b) or (c) shall be liable to a
fine not exceeding level 3 on the standard scale.
Commission may appoint in writing any person whom the Commission considers to
be suitably qualified, to be a designated officer for the purposes of all or
any part of this Law.
designated officer who is exercising his or her powers under this Law shall on
evidence of his or her authority to do so; and
his or her name and the power that he or she proposes to exercise.
powers of entry and investigation
designated officer may, in respect of any registered premises, for the purposes
of ascertaining compliance with this Law –
inspect or search the premises;
or remove for examination, analysis or as evidence any substances, articles or
other things found there;
any records kept there; or
any person there to furnish such information as he or she may reasonably
require with respect to the premises or any person who has administered
treatment from the premises.
power under this Article shall only be exercised –
there are reasonable grounds for doing so;
the manner that is proportionate and otherwise reasonable;
a reasonable hour; and
the designated officer has given not less than 48 hours’ notice in
writing to the owner or the occupier of the premises.
(2)(c) and (d) shall not apply in an emergency.
the Bailiff, a Jurat, the Magistrate or Sous-Magistrat is satisfied on sworn
there are reasonable grounds for the exercise of any power under paragraph (1);
in the circumstances of the case it is desirable to grant a warrant under this paragraph,
he or she may grant a warrant to a designated officer authorizing
the officer at any time to enter the premises specified in the warrant and
there exercise any powers under paragraph (1) and in doing so to use any
reasonable force necessary.
warrant shall continue in force until –
purposes for which the warrant is granted have been fulfilled; or
expiry of the period of one month following its grant.
(6) A person
who without reasonable excuse intentionally obstructs a designated officer who
is exercising or seeking to exercise any power under this Article shall be
guilty of an offence and liable to a fine not exceeding level 3 on the standard
a designated officer has exercised any powers under this Article in respect of
registered premises, he or she shall in writing inform the owner or occupier of
the premises as soon as reasonably practicable and in any event within 21
the powers he or she has so exercised; and
everything he or she has taken or removed in the course of exercising those
The Commission may issue Codes of Practice setting out –
practice and procedures that should be adopted by a registered person in
administering any treatment;
standards to which registered premises and any equipment used in connection
with the administration of treatment should conform; and
records that should be kept in respect of persons to whom, and the premises at
which, treatment is administered.
10 Revocation of
a registered person has been convicted of an offence under this Law the court
may, in addition to any other penalty it may wish to impose, order that his or
her registration and, if he or she is the only registered person administering
treatment from registered premises, the registration in respect of those
premises, be revoked.
the Commission is satisfied –
(a) that a registered
(i) has contravened
or failed to comply with any condition imposed under Article 4(3) with
respect to his or her registration or that of registered premises from which he
or she administers treatment,
(ii) has contravened
or failed to comply with any provision of this Law or any Order made or Code of
Practice issued thereunder, or
(iii) is otherwise not a fit
and proper person to be administering the treatment he or she is administering;
(b) that registered
premises are unsuitable for the purposes of administering the treatment
proposed to be administered from those premises,
the Commission may revoke his or her registration and, if he or she
is the only registered person administering treatment from registered premises,
the registration in respect of those premises.
the Commission proposes to refuse registration or to grant such registration
subject to conditions under Article 4, or to revoke such registration
under Article 10, it shall give the person concerned written notice
(a) the Commission’s
intention to do so and the reasons for so doing; and
(b) the person’s
right to be heard in person or by a representative if it informs the Commission
in writing of his or her desire to do so within 14 days of the notice.
the Commission, after having given the person concerned an opportunity to be
heard, decides to refuse the application, imposes conditions or revokes the
registration, the Commission shall if the person requires deliver to him or her
within 7 days of receiving such request written particulars of the reasons
for the Commission’s decision and the person’s right of appeal.
person aggrieved by such decision of the Commission may, within 28 days
from the date on which the person is notified of it under paragraph (2)
appeal to the Inferior Number of the Royal Court.
to paragraph (5), where the Commission has revoked the registration of any
person or premises such revocation shall not take effect until the 28 days
after the person concerned receives notification of the revocation or his or
her appeal has been dismissed, whichever is the earlier.
the Commission considers that it is necessary in the public interest for the
revocation of a registration under this Law to have immediate effect, the Commission
may apply to the Bailiff, a Jurat, the Magistrate or Sous-Magistrate, who may
make such order.
an appeal under this Article the court may confirm, reverse or vary the Commission’s
Chief Minister may make Orders generally for carrying this Law into effect and
in particular but without prejudice to the generality of the foregoing, for
prescribing any matter which may be prescribed by this Law.
(2) An Order
under this Law may –
requirements with respect to registered persons and registered premises; and
that a person who contravenes or fails to comply with any such requirement
shall be guilty of an offence and liable to such a fine not exceeding
level 3 on the standard scale as may be prescribed.
(3) An Order
under this Law may –
different provisions in relation to different cases or circumstances;
such consequential, incidental, supplemental and transitional provisions as the
Chief Minister considers to be necessary or expedient.
Subordinate Legislation (Jersey)
Law 1960 shall apply to Orders made
under this Law.
Article 2 shall not apply to a person administering treatment
or to the premises from which he or she administers that treatment before the
commencement of this Law until 3 months after such commencement, or until the
determination of any application for registration under this Law made during
that period, whichever is the later.
person who aids, abets, counsels or procures the commission of an offence under
this Law shall also be guilty of the offence and liable in the same manner as a
principal offender to the penalty provided for that offence.
an offence under this Law committed by a body corporate is proved to have been
committed with the consent or connivance of or to be attributable to any
neglect on the part of –
(a) a person
who is a director, manager, secretary or other similar officer of the body
person purporting to act in any such capacity,
the person shall also be guilty of the offence and liable in the
same manner as the body corporate to the penalty provided for that offence.
the affairs of a body corporate are managed by its members, paragraph (2)
shall apply in relation to acts and defaults of a member in connection with the
member’s functions of management as if he or she were a director of the
This Law may be cited as the Piercing and Tattooing (Jersey) Law 2002.