Botulinum Toxin and Cosmetic Fillers (Children) Act 2021
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Change 1
1 Offence of administering certain substances to a child
(1) It is an offence for a person to administer, in England, to another person (“A”)— (a) botulinum toxin, or (b) a subcutaneous, submucous or intradermal injection of a filler for a cosmetic purpose, where A is under the age of 18. (2) A “filler” is any substance used for dermal or mucous membrane filling (whether or not designed to be so used). (3) For the purposes of subsection (1)(b), an injection of a filler is, in particular, to be taken to be for a cosmetic purpose if— (a) the filler is generally used for such a purpose, or (b) the likely effect of the injection is to alter the appearance of the person injected. (4) It is a defence for a person charged with an offence under subsection (1) to show that at the time of the alleged offence— (a) the defendant was a registered medical practitioner, (b) the defendant was a regulated health professional who, in administering the botulinum toxin or the filler (as the case may be), was acting in accordance with the directions of a registered medical practitioner, or (c) the defendant— (i) had taken reasonable steps to establish A's age, and (ii) reasonably believed that A was aged 18 or over. (5) A person is taken to have shown a matter mentioned in subsection (4) if— (a) sufficient evidence of the matter is adduced to raise an issue with respect to it, and (b) the contrary is not proved beyond reasonable doubt. (6) A person who commits an offence under subsection (1) is liable on summary conviction to a fine. (7) In this section “regulated health professional” means— (a) a registered nurse; (b) a registered dentist within the meaning of the Dentists Act 1984 (see section 53 of that Act); (c) a registered pharmacist within the meaning of the Pharmacy Order 2010 (S.I. 2010/231) (see article 3 of that Order); (d) a registered person within the meaning of the Pharmacy (Northern Ireland) Order 1976 (S.I. 1976/1213 (N.I. 22)) (see Article 2 of that Order).
1 Offence of administering certain substances to a child
(1) It is an offence for a person to administer, in England, to another person (“A”)— (a) botulinum toxin, or (b) a subcutaneous, submucous or intradermal injection of a filler for a cosmetic purpose, where A is under the age of 18. (2) A “filler” is any substance used for dermal or mucous membrane filling (whether or not designed to be so used). (3) For the purposes of subsection (1)(b), an injection of a filler is, in particular, to be taken to be for a cosmetic purpose if— (a) the filler is generally used for such a purpose, or (b) the likely effect of the injection is to alter the appearance of the person injected. (4) It is a defence for a person charged with an offence under subsection (1) to show that at the time of the alleged offence— (a) the defendant was a registered medical practitioner, (b) the defendant was a regulated health professional who, in administering the botulinum toxin or the filler (as the case may be), was acting in accordance with the directions of a registered medical practitioner, or (c) the defendant— (i) had taken reasonable steps to establish A's age, and (ii) reasonably believed that A was aged 18 or over. (5) A person is taken to have shown a matter mentioned in subsection (4) if— (a) sufficient evidence of the matter is adduced to raise an issue with respect to it, and (b) the contrary is not proved beyond reasonable doubt. (6) A person who commits an offence under subsection (1) is liable on summary conviction to a fine. (7) In this section “regulated health professional” means— (a) a registered nurse; (b) a registered dentist within the meaning of the Dentists Act 1984 (see section 53 of that Act); (c) a registered pharmacist within the meaning of the Pharmacy Order 2010 (S.I. 2010/231) (see article 3 of that Order); (d) a registered person within the meaning of the Pharmacy (Northern Ireland) Order 1976 (S.I. 1976/1213 (N.I. 22)) (see Article 2 of that Order).
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