Consumer Protection: Tattooing

Business, Enterprise and Regulatory Reform written question – answered at on 2 July 2008.

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Photo of Patricia Hewitt Patricia Hewitt Labour, Leicester West

To ask the Secretary of State for Business, Enterprise and Regulatory Reform what steps his Department is taking to protect consumers who use an organisation providing tattoos and/or tattoo removal in the UK.

Photo of Gareth Thomas Gareth Thomas Parliamentary Under-Secretary(Department for International Development) (Trade Policy) (also Business, Enterprise and Regulatory Reform), Parliamentary Under-Secretary (Department for Business, Enterprise and Regulatory Reform) (Trade and Consumer Affairs) (also Department for International Development), Party Chair, Co-operative Party

Local authorities have powers to regulate tattooing businesses under the Local Government (Miscellaneous Provisions) Act 1982. Under this legislation, a tattooing business is required to register with the local authority and observe local byelaws in relation to hygiene and cleanliness of the tattooist, equipment and premises. It is an offence for the tattooing business to trade without being registered or to breach the local byelaws.

Local authorities may also use health and safety at work legislation to regulate tattooing businesses if they judge that there is a risk to customers' health and safety. This allows local authorities to use improvement and prohibition notices, and ultimately to prosecute businesses if necessary.

If consumers are dissatisfied with the quality of the art work or the terms and conditions under which the work is done (as opposed to a health or hygiene issue) they have protection under general consumer law. For example, the Supply of Goods and Services Act 1982 requires a trader who agrees to provide a service to carry out that service with reasonable care and skill and in a timely manner. It also requires that any goods and materials supplied are of satisfactory quality. If the trader fails to comply with these requirements, the law treats the matter as breach of contract.

The Healthcare Commission currently regulates tattoo removals which are carried out surgically or by using class 3B or 4 laser equipment.

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