PIERCING AND TATTOOING (JERSEY) LAW
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;
sanctioned by Order of Her Majesty in Council of the
26th day of MARCH 2002
(Registered on the 12th day of April 2002)
STATES OF JERSEY
The 13th day of November 2001
THE STATES, subject
to the sanction of Her Most Excellent Majesty in Council, have adopted the
following Law -
(1) In this Law, unless the
context otherwise requires -
“acupuncture” means the
insertion of solid needles into the skin in order to stimulate nerve impulses
for medical purposes;
“body piercing” 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;
“Committee” means the
Health and Social Services Committee;
means a person appointed under Article 7;
“doctor” means a medical
practitioner registered under the Medical Practitioners (Registration) (Jersey) Law 1960;
“dentist” means a
dentist registered under the Dentists (Registration) (Jersey)
“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
“electrolysis” means the
insertion of needles into the skin in order to apply electrical current for
medical or cosmetic purposes;
“prescribed” means prescribed
by Order made by the Committee;
“registered person” and
“registered premises” mean a person or premises, as the case may
be, registered under this Law;
“tattooing” means the
insertion into the skin of any colouring material for decorative purposes and
designed to leave a permanent mark; and
“treatment” means any
operation in administering acupuncture, body or ear piercing, electrolysis or
(2) A reference in this Law
to an Article by number only and without further identification is a reference
to the Article of that number in this Law.
(3) A reference in an
Article or other division of this Law to a paragraph or sub-paragraph by number
or letter only and without further identification is a reference to the
paragraph or sub-paragraph of that number or letter in the Article or other
division of this Law.
(4) Unless the context
otherwise requires a reference in this Law to an enactment is a reference to
that enactment as amended from time to time and includes a reference to that
enactment as extended or applied by or under another enactment, including
another provision of this Law.
Requirement for persons and premises to be registered
(1) Subject to paragraphs
(2) and (3), a person shall not administer treatment to another person (whether
or not for reward) unless he and any premises from which he administers
treatment are registered by the Committee in accordance with this Law.
(2) A registered person may
occasionally administer treatment elsewhere than from registered premises if he
has the prior approval of the Committee.
(3) This 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 the Island.
(4) Every registration
under this Law shall expire on the thirty-first day of December next following
the date on which it takes effect but shall be renewable annually in accordance
with this Law.
Application for and
renewal of registration
application for registration or renewal of registration under Article 2 shall -
(a) be in such form as the
Committee may require;
(b) specify the categories
of treatment in respect of which it is made;
(c) contain or be
accompanied by such particulars as the Committee may require; and
(d) be accompanied by such
fee as may be prescribed (which shall not be refunded if the application or
renewal is refused).
Determination of applications and maintenance of register
(1) Subject to paragraph
(2) the Committee shall register a person or premises under this Law if and
only if it is satisfied -
(a) that the person
possesses such qualifications and experience as may be prescribed; and
(b) that the premises and
any equipment used in connection with the administration of any treatment meet
such conditions as may be prescribed.
(2) The Committee may
refuse to register or renew the registration -
(a) of any person it
considers not to be a fit and proper person to administer the treatment he
proposes to administer; or
(b) of any premises it
considers to be unsuitable for the purposes of administering the treatment
proposed to be administered from those premises.
(3) Where the Committee
registers or renews the registration of any person or premises it may impose
such conditions on such registration as it thinks fit.
(4) The Committee shall
maintain a register of registered persons and registered premises and the
register shall -
(a) specify the categories
of treatment to which the registration relates;
(b) contain such other
particulars as may be prescribed; and
(c) be available for
inspection at reasonable times by members of the public.
(5) Where a person or
premises have been registered and any of the particulars required to be
supplied to the Committee under Article 3(1)(c) have changed, the person
concerned shall inform the Committee as soon as reasonably practicable.
(6) The Committee may make
such alterations to the register as are necessary to ensure its accuracy.
Offences in connection with registration
(1) A person who -
(a) contravenes Article
(b) contravenes 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 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.
(3) An owner or occupier of
any premises who knowingly allows -
(a) such premises, not
being registered in accordance with this Law, to be used for the purpose of
administering treatment; or
(b) any person who is not
registered in accordance with this Law to administer treatment on such
shall be guilty of an offence and
liable to a fine not exceeding level 3 on the standard scale.3
Treatment of persons not of full age
(1) Subject to paragraph
(2) a person shall not -
(a) administer body
piercing or tattooing to a person under the age of 16 years;
(b) administer 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 guardian; or
(c) administer 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 guardian.
(2) Paragraph (1) shall not
apply where the treatment consists of any procedure performed by a doctor or a
dentist in the course of his practice as such.
(3) A person who
intentionally or recklessly contravenes paragraph (1) shall be guilty of an
offence and liable -
(a) in the case of an
offence under paragraph (1)(a) to imprisonment for a term not exceeding five
years or to a fine, or both; and
(b) in 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.
Committee may appoint in writing any person it 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 powers under this Law shall on request
(a) produce evidence of his
authority to do so; and
(b) state his name and the
power that he proposes to exercise.
General powers of
entry and investigation
(1) A designated officer
may, in respect of any registered premises, for the purposes of ascertaining
compliance with this Law -
(a) enter, inspect or
search the premises;
(b) take or remove for
examination, analysis or as evidence any substances, articles or other things
(c) inspect any records
kept there; or
(d) require any person
there to furnish such information as he may reasonably require with respect to
the premises or any person who has administered treatment from the premises.
(2) A power under this
Article shall only be exercised -
(a) where there are
reasonable grounds for doing so;
(b) in the manner that is
proportionate and otherwise reasonable;
(c) at a reasonable hour;
(d) if the designated
officer has given not less than 48 hours’ notice in writing to the owner
or the occupier of the premises.
(3) Paragraph (2)(c) and
(d) shall not apply in an emergency.
(4) Where the Bailiff, a
Jurat, the Magistrate or Sous-Magistrat is satisfied on sworn
(a) that there are
reasonable grounds for the exercise of any power under paragraph (1); and
(b) that in the
circumstances of the case it is desirable to grant a warrant under this
he 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.
(5) A warrant shall
continue in force until -
(a) the purposes for which
the warrant is granted have been fulfilled; or
(b) the 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 scale.
(7) Where a designated
officer has exercised any powers under this Article in respect of registered
premises, he shall in writing inform the owner or occupier of the premises as
soon as reasonably practicable and in any event within 21 days -
(a) of the powers he has so
(b) of everything he has
taken or removed in the course of exercising those powers.
Codes of Practice
The Committee may issue Codes of
Practice setting out -
(a) the practice and
procedures that should be adopted by a registered person in administering any
(b) the standards to which
registered premises and any equipment used in connection with the
administration of treatment should conform; and
(c) the records that should
be kept in respect of persons to whom, and the premises at which, treatment is
Revocation of Registration
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
registration and, if he is the only registered person administering treatment
from registered premises, the registration in respect of those premises, be
(2) Where the Committee is
(a) that a registered
(i) has contravened
or failed to comply with any condition imposed under Article 4(3) with respect
to his registration or that of registered premises from which he administers
(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 is administering; or
(b) that registered
premises are unsuitable for the purposes of administering the treatment
proposed to be administered from those premises;
it may revoke his registration and,
if he is the only registered person administering treatment from registered
premises, the registration in respect of those premises.
(1) Where the Committee
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 of -
(a) its intention to do so
and the reasons for so doing; and
(b) his right to be heard
in person or by a representative if he informs the Committee in writing of his
desire to do so within 14 days of the notice.
(2) If the Committee, after
having given the person concerned an opportunity to be heard, decides to refuse
the application, impose conditions or revoke the registration it shall, if he
requires, deliver to him within seven days of receiving such request, written
particulars of the reasons for its decision and his right of appeal.
(3) A person aggrieved by
such decision of the Committee may, within 28 days from the date on which he is
notified of it under paragraph (2) appeal to the Inferior Number of the Royal
(4) Subject to paragraph
(5) where the Committee 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 appeal has been
dismissed, whichever is the earlier.
(5) Where the Committee
considers that it is necessary in the public interest for the revocation of a
registration under this Law to have immediate effect it may apply to the
Bailiff, a Jurat, the Magistrate or Sous-Magistrate who may make such order.
(6) On an appeal under this
Article the court may confirm, reverse or vary the Committee’s decision.
(1) The Committee 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
(a) impose requirements
with respect to registered persons and registered premises; and
(b) provide 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
(a) make different
provisions in relation to different cases or circumstances;
(b) contain such consequential,
incidental, supplemental and transitional provisions as the Committee considers
to be necessary or expedient.
(4) The Subordinate
Legislation (Jersey) Law 1960 shall apply to Orders made under
2 shall not apply to a person administering treatment or to the premises from
which he administers that treatment before the commencement of this Law until
three months after such commencement, or until the determination by the
Committee of any application for registration under this Law made during that
period, whichever is the later.
(1) Any 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.
(2) Where 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
(a) a person who is a
director, manager, secretary or other similar officer of the body corporate; or
(b) any 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.
(3) Where 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 his functions of management
as if he were a director of the body corporate.
Law may be cited as the Piercing and Tattooing (Jersey)
Law 2002 and shall come into force on the seventh day following its
Greffier of the