S.I. No. 51/2015 - Public Health (Sunbeds) (Prohibition of Certain Marketing Practices) Regulations 2015.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 13th February, 2015.

I, LEO VARADKAR, Minister for Health, in exercise of the powers conferred on me by sections 2 and 9 (2) of the Public Health (Sunbeds) Act 2014 (No. 12 of 2014), hereby make the following regulations:

1. These Regulations may be cited as the Public Health (Sunbeds) (Prohibition of Certain Marketing Practices) Regulations 2015.

2. These Regulations come into operation on 2 March 2015.

3. For the purpose of these Regulations—

(a) the use, sale or hire of a sunbed at a reduced price or free of charge includes the awarding and use of bonus points, loyalty card points or any similar benefit, as described in section 9 (5) of the Public Health (Sunbeds) Act 2014 (No. 12 of 2014), and

(b) the use, sale or hire of a sunbed at a reduced price includes the use or hire of a sunbed for an unlimited number of sessions in a certain period of time.

4. A person shall not advertise or promote, or cause to be advertised or promoted, the use, sale, or hire of a sunbed free of charge.

5. A person shall not advertise or promote, or cause to be advertised or promoted, the use, sale or hire of a sunbed at a reduced price to another person—

(a) on the purchase by that person, or any other person, of any other—

(i) sunbed,

(ii) sunbed session, or

(iii) product or service, or

(b) on the hireby that person, or any other person, of that sunbed or any other sunbed.

6. A person shall not sell, or cause to be sold, the use of a sunbed at a reduced price to another person—

(a) on the purchase by that person, or any other person, of any other—

(i) sunbed,

(ii) sunbed session, or

(iii) product or service, or

(b) on the hire by that person, or any other person, of that sunbed or any other sunbed.

7. A person shall not make available, or cause to be made available, a sunbed for sale or hire, at a reduced price to another person—

(a) on the purchase by that person, or any other person,of any other—

(i) sunbed,

(ii) sunbed session, or

(iii) product or service, or

(b) on the hire by that person, or any other person, of that sunbed or any other sunbed.

8. (1) A person shall not—

(a) advertise or promote, or cause to be advertised or promoted, the sale or hire of,

(b) sell, or cause to be sold,

(c) hire, or cause to be hired, or

(d) make available, or cause to be made available

a sunbed or the use of a sunbed at a reduced price to another person for a defined period of time.

(2) In paragraph (1), “reduced price” means a price less than that normally charged for the use, sale or hire of the sunbed outside of the period of time referred to in that paragraph.

9. A person shall not carry out, or cause to be carried out—

(a) promotions for the purposes of promoting sunbed use, or

(b) any event or activity that is likely to encourage persons to use sunbeds

on premises where sunbeds are used, sold or hired.

GIVEN under my Official Seal,

12 February 2015.

LEO VARADKAR,

Minister for Health.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations prescribe the marketing practices which are prohibited under the Public Health (Sunbeds) Act 2014 . These marketing practices are prohibited for the purpose of protecting public health and in particular for the purpose of reducing the risk to health arising from the use of sunbeds.

These Regulations may be cited as the Public Health (Sunbeds) (Prohibition of Certain Marketing Practices) Regulations 2015 and come into operation on 2 March 2015.