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Agenda Item No. 10

 

THE VALE OF GLAMORGAN COUNCIL

 

COUNCIL: 25TH SEPTEMBER, 2013

 

REFERENCE FROM LICENSING COMMITTEE: 3RD SEPTEMBER, 2013

 

 

"           NEW BYELAWS – REGULATION OF ACUPUNCTURE, TATTOOING, SEMI-PERMANENT SKIN COLOURING, COSMETIC PIERCING AND ELECTROLYSIS (DDS) – 

 

Committee were requested to initiate the procedure to adopt Part VIII of the Local Government (Miscellaneous Provisions) Act 1982 (as amended) and to make new byelaws in connection with the regulation of acupuncture, tattooing, semi-permanent skin colouring, cosmetic piercing and electrolysis under the Act.

 

Local authorities were responsible for the regulation and control of businesses carrying out the procedures of acupuncture, tattooing, semi-permanent skin colouring, cosmetic piercing and electrolysis.  The main powers to do this were provided under Sections 14 and 15 of the Local Government (Miscellaneous Provisions) Act 1982 (as amended by the Local Government Act 2003).

 

The Council had existing byelaws which regulated tattooing, acupuncture, ear piercing and electrolysis.  These dated back to January 1985 and did not cover the broader spectrum of cosmetic piercing and semi-permanent skin colouring.

 

In recognition of the medical risks attached to all of these procedures, particularly as a result of inappropriate sterilisation of needles, the Welsh Government had produced a new draft set of model byelaws which consolidated the previous byelaws and the new requirements under the amendments to the 1982 Act and which reflected current infection control advise and industry practice. 

 

Public Protection Services now required the Council to adopt the new model byelaws as the Council's byelaws in the regulation of these matters.  The existing byelaws would need to be revoked. 

 

As part of the process, draft byelaws based on the model but specific to the Vale of Glamorgan had been prepared and submitted for initial consultation with Welsh Government.  Provisional approval had been received for the English version of the new byelaws on 1st August 2013.  Due to capacity issues at the Welsh Government Public Protection Services had been informed that the Welsh version would be considered once the Council had made the appropriate resolution to Part VIII of the 1982 Act and made the byelaws. 

 

Prior to making and implementing the new byelaws, the Council must first resolve to adopt Part VIII of the 1982 Act.  There was a statutory procedure for adopting the relevant sections and once the Council had resolved to adopt the said provisions, and pursuant to Section 13 of the 1982 Act:

  •  the Council should publish a notice in two consecutive weeks in a local newspaper circulating in the area
  • the notice must state the date upon which the provisions are to come into force in the area
  • one month must pass between the day on which the resolution was passed and the first date of coming into force
  • the first publication must not be later than 28 days before the day specified in the resolution for the coming into force of the provisions in the local authority's area. 

Once Part VIII of the 1982 Act had been adopted, the Council could make byelaws under Sections 14 and 15 of that Act pursuant to the procedure for making byelaws under Section 236 of the Local Government Act 1972.  The procedure would be as follows:

  •  the new byelaws must be made by the Council under its Common Seal and signed
  • a notice of the Council's intention to apply to the Welsh Ministers for confirmation of the byelaws must be given in one or more newspapers circulating in the area
  • for at least one month after the date of publication of the notice a copy of the byelaws must be held on deposit at Council offices for inspection by the public
  • an application to the Welsh Ministers for confirmation should not be made until the month of deposit has expired.

The byelaws will not have effect until confirmed by the Welsh Ministers.  The Welsh Ministers will also determine a date upon which the byelaws are to come into force.

 

Under the Council's Constitution, the matter of adopting Part VIII of the 1982 Act and making and revoking byelaws are matters for Full Council.  It was therefore necessary to make the appropriate references to Council. 

 

RESOLVED – 

 

(1)       T H A T Council be recommended to make a resolution to adopt the provisions of Part VIII of the Local Government (Miscellaneous Provisions) Act 1982 in respect of the Vale of Glamorgan County Borough area and that the provisions come into force on 26th October, 2013.

 

(2)       T H A T the new consolidated model byelaws for the control of acupuncture, tattooing, semi-permanent skin colouring, cosmetic piercing and electrolysis as set out at Appendix A to the report be endorsed.

 

(3)       T H A T Council be recommended to make byelaws relating to acupuncture, tattooing, semi-permanent skin colouring, cosmetic piercing and electrolysis in the form of the new consolidated model byelaws as set out at Appendix A to the report and that the byelaws be submitted to the Welsh Ministers for confirmation.

 

(4)       T H A T Council be recommended to revoke all current byelaws relating to acupuncture, tattooing, ear piercing and electrolysis with effect from the date the new byelaws come into effect as determined by the Welsh Ministers.

 

(5)       T H A T Council be recommended to authorise the Head of Legal Services, in consultation with the Director of Development Services to carry out all the necessary procedures in connection with the adoption of Part VIII of the Local Government (Miscellaneous Provisions) Act 1982 and the making, confirmation and implementation of the new byelaws.

 

(6)       T H A T Council be recommended to authorise the Head of Legal Services to seal and date the byelaws on behalf of the Council.

 

(7)       T H A T the report be referred to Cabinet for information.

 

Reasons for decisions

 

(1)       To ensure the Council is able to evidence that it has adopted Part VIII of the Local Government (Miscellaneous Provisions) Act 1982.

 

(2)       To ensure the medical risks associated with acupuncture, tattooing, semi-permanent skin colouring, cosmetic piercing and electrolysis are effectively controlled and local byelaws reflect current infection control advice are industry best practice.

 

(3)       To enable Council to make the new byelaws.

 

(4)       To revoke the existing byelaws which do not reflect current infection control advice and industry best practice.

 

(5)       To ensure that Part VIII of the 1982 Act and the proposed new byelaws are adopted and implemented in accordance with legislative requirements and the Council's Constitution.

 

(6)       To ensure the proposed new byelaws are adopted in accordance with legislative requirements and the Council's Constitution.

 

(7)       To ensure Cabinet are aware of the proposed new byelaws."

 

 

Attached as Appendix - Report to Licensing Committee - 3rd September, 2013