Registration Application for: Acupuncture, Tattooing, Electrolysis, Semi-permanent Skin Colouring, Cosmetic Piercing (new application/significant change)

Full Name of Applicant	

Home Address	

Name of Business (if applicable)	

Name and Address of Business	

Telephone Number and Email Address	

Please tick which situation applies:	
□ occupy whole premises 
□ rent a room within a premises
□ operate from own home using entrance 
□ operate from own home but separate entrance for business	
Please state the names of any relevant professional bodies of which you are a member	

Have you been convicted of any offence under S.16 of the Local Government (Miscellaneous Provisions) Act 1982?	
□ Yes   □ No	
Which activity/activities are you applying to be registered for	
□ Tattooing 
□ Electrolysis
□ Cosmetic Piercing
□ Semi -permanent skin colouring
□ Acupuncture	
Signature of applicant and date of application	

Sign:                                                                    Date:
	
Fee for Registration Payable on Application	
Registration Fee is £273.00
Ring 01484 221000 and ask for Environmental Health to pay by bank card	
Return Completed form to:	
Kirklees Council - Environmental Health
PO Box 1720
Huddersfield
HD1 9EL
Or by email to healthandsafety@kirklees.gov.uk 	

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 the persons assisting them and of securing the cleansing and, so far as appropriate, sterilisation 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 the Council of the Borough of Kirklees 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;
(a)	

(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 sterilised 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;

(b)	Sub-paragraph  (a)  shall  not  apply  if  the  only  treatment  to  be  given  in  such premises is ear-piercing or nose-piercing using a hygienic piercing instrument.

(3)(a) Subject to sub-paragraph (b), where premises are registered under section 15(2) (tattooing, semi-permanent skin-colouring and cosmetic piercing) of the 1982 Act, a proprietor shall ensure that the floor of the treatment area is provided with a smooth impervious surface;

(c)	Sub-paragraph  (a)  shall  not  apply  if  the  only  treatment  to  be  given  in  such premises is ear-piercing or nose-piercing using a hygienic piercing instrument.

3.	(1) For the purpose of securing the cleansing and so far as is appropriate, the sterilisation of needles, instruments, jewellery, materials and equipment used in connection with treatment -

(a)	An operator shall ensure that-

(i)	Any gown, wrap or other protective clothing, paper or other covering, towel, cloth or other such article used in treatment -

(aa) is clean and in good repair and, so far as  is appropriate,  is sterile;

(bb) has not previously been used in connection with another client unless it consists of a material which can be and has been adequately cleansed and, so far as is appropriate, sterilised.

(ii)	Any needle, metal instrument, or other instrument or equipment used in treatment or for handling such needle, instrument or equipment and any part of a hygienic    piercing instrument that touches a client is sterile;

(iii)	Any jewellery used for cosmetic piercing by means of a hygienic piercing instrument is sterile;

(iv)	Any dye used for  tattooing or semi-permanent  skin-colouring  is sterile  and inert;

(v)	Any container used to hold dye  for  tattooing  or  semi-permanent  skin­ colouring is either disposed of at the end of each treatment or is cleaned and sterilised before re-use.

(b)	A proprietor shall provide -

(i)	Adequate facilities and equipment for- (aa)	cleansing; and
(bb)	sterilisation, unless only pre-sterilised 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 purposes 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);
(i)	

(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 that 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 known 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.

5. 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).

6. The byelaws relating to Tattooing and Ear Piercing and Electrolysis that were made by The Council of the Borough of Kirklees on the 3 February 1984 and were confirmed by The Secretary of State for the Department of Health on 18 June 1984 are revoked. The byelaws relating to Acupuncture that were made by the Council of the Borough  of Kirklees on 1st September 1983 and were confirmed by the Secretary of State for the Department of Health on 18 January 1984 are revoked.

The Corporate Common Seal of the Council of
The Borough of Kirklees	,; Was hereunto affixed this3 day of March 2017
In the presence of

Authorised signatory

Given under the Corporate Common Seal of the Council Of the Borough of f<irklees

The foregoing byelaws are hereby confirmed by the Secretary of State for Health

on 5June 2017--	and shall come into operation on 5June 2017.

Member of the Senior Civil Service Department of Health

5

NOTE- THE FOLLOWING DOES NOT FORM PART OF THE BYELAWS

Proprietors shall take all reasonable steps to ensure compliance with these byelaws by persons working on the premises. Section 16(9) of the  Local  Government (Miscellaneous Provisions) Act 1982 provides that a registered person shall cause to be prominently displayed on the premises a copy of these byelaws and a copy of any certificate of registration issued to him under Part VIII of the Act. A person who contravenes section 16(9) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale (see section 16(10).

Section 16 of the Local Government (Miscellaneous Provisions) Act 1982 also provides that any person who contravenes any of these byelaws shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. If a person registered under Part VIII of the Act is found guilty of contravening these byelaws the Court  may, instead of or in addition to imposing a fine, order the suspension or cancellation of the person's registration. A court which orders the suspension of or cancellation of a person's registration may also order the suspension or cancellation of the registration of the premises in which the offence was committed if such premises are occupied by the person found guilty of the offence. It shall be a defence for the person charged under the relevant sub-sections of section 16 to prove that he took all reasonable precautions and exercised all due diligence to avoid commission of the offence.

Nothing in these byelaws extends to the practice of acupuncture, or the business of tattooing, semi-permanent skin-colouring, cosmetic  piercing or electrolysis  by or under the supervision of a person who is registered as a medical practitioner, or to premises on which the practice of acupuncture, or business of tattooing, semi-permanent skin­ colouring, cosmetic piercing or electrolysis is carried out by or under the supervision of such a person.

Nothing in these byelaws extends to the practice of acupuncture by or under the supervision of a person who is registered as  a dentist, or to premises in which the practice of acupuncture is carried out by or under the supervision of such a person.

The legislative provisions relevant to acupuncture are those in section  14. The provisions relevant to treatment other than acupuncture are in section 15.

The key differences in the application of requirements in respect of the various treatments are as follows:

The references in the introductory text to provisions of section 14 (acupuncture) of the Local Government (Miscellaneous Provisions) Act 1982 only apply to acupuncture.

The references in the introductory text to provisions of section 15 (tattooing, semi­ permanent skin-colouring, cosmetic piercing and electrolysis) of the Local Government (Miscellaneous Provisions) Act 1982 do not apply to acupuncture.

The references in paragraph 1(1) in the definition of "premises" to provisions of section 14 (acupuncture) only apply to acupuncture.

The references in paragraph 1(1) in the definition of "premises" to provisions  of section 15 (tattooing, semi-permanent skin-colouring, cosmetic piercing and electrolysis) do not apply to acupuncture.

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 hole/ dye used for treatment in paragraphs 3(1) (a) 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) or the Act).