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Skin Piercing

The Local Government (Miscellaneous Provisions) Act 1982 requires that the following types of skin piercing be registered with Malvern Hills District Council;

Acupuncture, Tattooing and Electrolysis

The Local Govenment Act 2003 has also given powers to local authorities to register operators who carry out cosmetic Skin Piercing (including ear piercing)

Registration covers both the person carrying on the practice and the premises used for that purpose.  There are no powers to refuse registration, but the practice is controlled through compliance with byelaws.

Application for registry of skin piercing

Completed forms should be sent to:

Licensing Section

Malvern Hills District Council

Avenue Road    

Malvern    

Worcestershire    

WR14 3AF    

Telephone 01684 862151

Byelaws on Skin Piercing

These byelaws were made under section 15(7) of the Local Government (Miscellaneous) Provisions Act 1982 by Malvern Hills District Council relating to the practice of Skin Piercing in the district of Malvern Hills

1    Interpretation:

a)    In these byelaws, unless the context otherwise requires -

    "The Act" means the Local Government (Miscellaneous) Provisions Act 1982;

    "Client" means any person undergoing treatment;

    "Operator" means any person giving treatment;    

    "Premises" means any premises registered under Part VIII of the Act;

    "Proprietor" means any person registered under Part VIII of the Act

    "Treatment" means any operation in the practice of skin piercing ;

    "The Treatment Area" means any part of the premises where treatment is given to clients

b)    The Interpretation Act 1978 shall apply for the interpretation of these byelaws as it applies for the interpretation of an Act of Parliament

2    For the purpose of securing the cleanliness of premises and fittings therein a proprietor shall ensure that -

a)    All internal walls, doors, windows, partitions, floors and floor coverings and ceilings are kept clean and in such good repair as to enable them to be cleaned effectively and the floor of the treatment area is provided with a smooth impervious surface;

b)    The treatment area is used solely for giving treatment;

c)    All waste material, and other litter, arising from the treatment is placed in suitable covered receptacles, which are washable and leak proof, or use a leak proof liner bag.  The receptacles shall be emptied, or the bags changed, at least once every working day, or more frequently as necessary, and the material disposed of safely.  Where liners are not used, the receptacles shall then be cleaned;

d)    All needles used in the treatment are placed after use in separate covered and leak proof re-usable boxes, or disposable needle boxes designed for the purpose.  Where re-usable boxes are used they shall be emptied at least  once every working day or more frequently as necessary, and the contents disposed of safely or sterilised for re-use,  as appropriate.  The box shall then be sterilised.  where needle boxes are used they shall be disposed of safely at  suitable intervals;

e)     All furniture and fittings in the premises are kept clean and in such good repair as to enable them to be cleaned  effectively;

f)    All tables, couches and seats used by clients in the treatment area, and any surface on which the items specified in 3b below are placed immediately prior to treatment, have a smooth impervious surface which is wiped down  with a suitable disinfectant between the treatment of different clients, and thorougly cleaned at the end of each working day;

g)     Where tables or couches are used, they shall be covered by a disposable paper sheet which shall be changed for  each client;

h)    A notice or notices reading "No Smoking" are prominently displayed within the treatment area.

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

a)    An operator shall ensure that, before use in connection with treatment, any gown, wrap or other protective clothing, paper or other covering, towel, cloth or other such articles used in treatment -

i)    Is clean and in good repair, and so far is appropriate sterile;

ii)    Has not previously been used in connection with any other client unless it consists of a material which can be and has been adequately cleaned and, so far is appropiiate, sterilised:

b)     An operator shall ensure that

i)     Any needle, metal instrument, or other item of equipment, used in the treatment or for handling instruments and needles used in treatment, is in  a sterile condition and kept sterile until it is used;

ii)     All dyes used are bacteriologicall clean and inert;

iii)     The containers used to hold the dyes for each customer are either disposed of at the end of each session of treatments, or are sterilised before re-use;

c)    A proprietor shall provide:-

i)    Adequate facilities and equipment for the purpose of sterilisation (unless pre-sterilied items are used) and of  cleansing, as required in pursuance of these byelaws;

ii)   Sufficient and safe gas points and/or electrical socket outlets to enable compliance with these byelaws;

iii)  An adequate constant supply of clean hot and cold water readily available at all times on the premises;

iv)  Adequate storage for all items mentioned in byelaw 3a and 3b above, so that those items shall be properly stored in a clean and suitable place so as to avoid, as far as possible, the risk of contamintation.

4    For the purpose of securig the cleanliness of operators-

a)  An operator whilst giving treatment shall ensure that -

i)    His/Her hands and nails are clean and nails kept short:

ii)    He/She is wearing clean and washable clothing, or alternatively a disposable covering that has not been  previously used in connection with any other client;

iii)   He/She keeps any open boil, sore, cut or open wound on an exposed part of his/her body effectively covered by  an impermeable dressing;

iv)   He/She does not smoke or consume food or drink;

b)  A proprietor shall provide -

i)    Suitable and sufficient washing facilites for the sole use of operators, such facilities to have hot and cold water,  sanitising soap or detergent, and a nail brush;

ii)  Suitable and sufficient sanitary accommodation for operators

NOTE -THE FOLLOWING DOES NOT FORM PART OF THE BYELAWS

A    A proprietor shall take all reasonable steps to ensure compliance with these byelaws by persons working on the premises.  Section 16(9) of the Act lays down 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.

B    Section 16(2) of the Local Government (Miscellaneous Provisions) Act 1982 provides that any person who offends against any of these byelaws shall be guilty of an offence and liable on summary conviction to a fine not exceeding £400.00.  If the convicted person is registered under Part VIII of the Act, the Court may, instead of or in addition to imposing a fine, order the suspension or cancellation of his registration and of the registration of the premises in which the offence was committed if such premises are occupied by the person so convicted.    Section 16(11) of the Act provides that he took all reasonable precautions and excercised all due diligence to avoid the commission of the offence.

C    Nothing in these byelaws shall extend to the carring on of the business of skin piercing by or under the supervision of a person who is registered as a medical practitioner or to premises on which any such business is carried on by or under the supervision of such a person

Form Code	Licence Type	Total Fee
	Acupuncture  (123.27 KB)	£110.00
	Tattooing  (123.27 KB)	£110.00
	Electrolysis  (123.27 KB)	£110.00
	Cosmetic Piercing  (123.27 KB)	£110.00