A Guide To The Code Of Practice For Tattooists And Body Artists
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A Guide To The Code Of
Practice For Tattooists
And Body Artists
Trading Standards & Licensing
www.tradingstandards.gov.uk/stockton PO Box 232, 16 Church Road, Stockton on Tees TS18 1XD
Tel: (01642) 526560 Fax: (01642) 526584
The aim of this Code is to promote the use of non-statutory age restrictions so as to ensure a
consistent age restriction for the procedures carried out at your premise.
By “signing up” to this Code you agree to the use of non-statutory age restrictions on various
treatments carried out within your premise and following the advice provided by Stockton Trading
Standards & Licensing Service
Procedure Age Restriction
Tattooing
Genital Piercing/Nipple Piercing
Branding, Scarification and Similar Procedures
Ear Piercing
(Consent of Parent Up To 16 Years Old)
Other Body Piercing
(Consent of Parent Or Guardian between 16 and 18)
At present, in England and Wales there is no statutory age limit for ear or body piercing. However some Boroughs do not allow body piercing below the age of 18 years, with the exception of ears, nose and navel. Some impose no age restrictions at all, while others allow only 'above the belt' piercing to those between the ages of 16 and 18 years. They also require either proof of ID or an adult's consent for this age range. Others will only carry out piercing for those under 16 year olds with a parent or guardian present. Under English law, those under the age of 16 years cannot have their genitalia pierced, as this is regarded as indecent assault to which the customer cannot legally consent. The same law applies to female breast piercing. However, boys under 16 are able to have their nipples pierced. The following statutory age restrictions currently apply in the UK: Tattooing of Minors Act 1969 Tattoo – ‘means the insertion into the skin of any colouring material designed to leave a permanent mark’. Temptooing – ‘Controversial type of tattoo, said to use ink which will rise to the top of the skin and vanish after three – five years because the needles do not breach the epidermis. Allegedly sold as a temporary tattoo, but evidence suggests they are permanent’. Prohibition of Tattooing of Minors – It shall be a criminal offence to tattoo a person under the age of eighteen except where the tattoo is performed for medical reasons by a qualified medical practitioner or by a person working under his direction, but it shall be a defence for a person charged to show that at the time the tattoo was performed he had reasonable cause to believe that the person tattooed was of or over the age of eighteen and did in fact so believe. Penalties – ‘Any person committing such an offence shall be liable to a fine not exceeding £1000.00 Body Piercing – ‘Perforation to the skin and underlying tissue in order to create a small tunnel in the flesh in which jewellery of one kind or another is placed, includes nose, facial, lip and nipple piercing. Cosmetic Body Art Below are examples of permanent body art and includes both branding and cutting in order to produce scar tissue on the skin surface. The main reasons for choosing these types of body art appear to be for decoration. Branding – ‘A form of scarification usually achieved by burning the skin with heated metal’. Scarification – ‘This is the incising or slashing of the skin. May be repeated many times to achieve deep and clearly visible marks/ scars’. Beading – ‘The insertion of small beads under the incised skin of the phallus, or other body parts’. Body piercing and cosmetic body art may be carried out on under 16’s where a parent is present and written consent is provided and on 16-18 year olds where photographic identification is tendered; for clients aged 18 or older no age restrictions shall apply.
Applicable Offences in Relation to Body Piercing and Body Art Where any of the above treatments are carried out it must be recognised that those carrying out the treatments are vulnerable to the following accusations of assault: Common Assault Actual Bodily Harm Grievous Bodily Harm Indecent Assault (touching female breasts, or male / female genitals without consent). In the UK females younger than 16 cannot give consent to nipple or genital piercing.
Adopting the Code
Throughout the UK there is no general statutory age limit on the age of persons to be body-pierced
or undergo cosmetic body art, however it is recognised that the above treatments should be
provided to those of a consensual age. The purpose of this Code of Best Practice is for those
providing such treatments to agree to a consensual age and thus provide a consistent approach to
age restrictions of various procedures.
Where the Code of Practice is agreed and the suggested age restrictions are accepted, we have
provided guidance in relation to ensuring that the suggested age restrictions are applied within
premises and that members of staff are adequately trained in relation to verifying the age of
potential consumers.
By adopting the Code Of Practice operators declare a commitment to only carry out certain
treatments to those meeting the required age.
Many young people look older than their actual age. To prevent treatments / procedures to under
age persons it is not sufficient to only check the ages of those who look younger than the age limit
for the goods being sold. We strongly recommend that staff ask for photographic proof of age from
all young people who look 25 or less.
Our service can assist operators with training and awareness requirements through the provision
of posters and training material, as contained within this Code of Practice. In return operators
declare their commitment to this Code through signing and thus agreeing to the conditions of the
Code. A certificate of membership of the Code will be provided to illustrate an operators
commitment to good practice within the Tattooing and Cosmetic Body Art industry.
Due Diligence and Reasonable Precautions
All person working within the premises should be trained in relation to the age restrictions of
certain treatments / procedures available at the premise. All members of staff should be
advised to request suitable identification such as a passport, a photo driving license or a
PASS approved proof of age card such as Connexions card, Citizen card, Portman Group
card or Validate card. Other means of proving a young persons age such as birth
certificates, student cards or "proof of age" cards without the PASS hologram, should not
be accepted.
If a young person is refused a sale it is advisable to record this in a refusals book. The
maintenance of a refusal book is a useful means to show a system of due diligence. It also
disciplines staff to think about age-restricted sales and shows management that staff are
indeed refusing sales to underage persons.
A record of consent should be completed for each person undergoing a treatment /
procedure, the record of consent should be retained with a photocopy of the identification
presented. All records of consent should be retained for a period of at least three years.
Where training is provided to members of staff a record of the training should be retained,
the training should be repeated on a regular basis – example-training documents are
provided by the Trading Standards and Licensing Service.
Many young people look older than their actual age. To prevent sales to under age persons
it is not sufficient to only check the ages of those who look younger than the age limit for
the treatments / procedures being sold. It is strongly recommend that staff ask for proof of
age from all young people who look 25 or less.Operator Responsibilities
A notice should be prominently displayed on the premises informing potential clients that tattooing /
body piercing and cosmetic body art is only available to those aged 18 or over and able to produce
photographic identification, or those aged 16 over accompanied by a parent able to provide written
consent.
The responsibilities of the business operator include:
Taking all reasonable precautions for the safety of all persons using the premises. Ensuring
compliance with the relevant provisions of the Health and Safety at Work Act 1974 and
associated legislation.
Carrying out and implementing the findings of a risk assessment of the business as
required by the Management of Health and Safety at Work Regulations 1999
Ensuring that a ‘responsible person’ is in charge of the premises at all times, and that they
are familiar with, and implement, the requirements of the relevant best practice guide.
Ensure that all persons carrying out special treatments/procedures are suitably qualified or
trained and are competent.
Notifying the local authority in writing of any proposed change in his or her name or private
address, of changes in the business address, of major changes in the treatments or
procedures provided, or in the nature of the business carried out at the premise.
Ensure that all persons employed in the business are trained in relation to age restrictions
of certain treatments / procedures and all training provided is recorded and kept up to date.
Training in relation to age restrictions to be provided on a regular basis.
Responsible Person
The business operator must ensure that a responsible person is in charge of the premises
at all times, and that he or she is familiar with, and implements, the requirements of the
relevant codes of practice
The responsible person must be aged 18 years or over
The responsible person must be nominated in writing, by the business operator, and this
notification should be continuously available for inspection at the premises
A responsible person must be in charge of the premises, and must be on site at all times
when the public have access to the premises
The responsible person must not be engaged in any other duties which will prevent him or
her from exercising general supervision
The responsible person should be assisted as necessary by a suitable person(s) over the
age of 18 years, to ensure adequate supervision
The responsible person must be trained by the business operator in relation to age
restrictions of specified procedures and treatmentsConduct of the Business
Good order and moral conduct must be maintained in the premises
No posters, advertisements, etc should be displayed which are unsuitable for general
exhibition
No part of the premises should be used by persons for soliciting or other immoral purposes
Additional custom will not be sought through solicitation outside, or in the vicinity of, the
premises
All clients in any part of the premises must be decently and properly attired, unless
receiving treatment in accordance with this best practice guidance
Neither the practitioner nor the client should be under the adverse influence of drugs,
alcohol or other substances
All procedures/treatments must be undertaken in conditions of appropriate privacy
Genital piercing should be by appointment only. Clients must be advised to be
accompanied by a friend to ensure there is no misunderstanding or allegation of
impropriety. An apprentice or colleague of the appropriate gender should assist operators
carrying out genital piercing.
Ensure that all staff including the responsible person is trained in relation to the age
restrictions of certain treatments/procedures and training is provided on a regular basis,
recorded and maintained.
Consent forms are completed and retained for a period of at least three years.
All identification requested to prove an age must be photocopied and attached to the
consent form, again this should be retained for a period of at least three years.
All business operators must ensure that they have adequate insurance in place, operators
are advised to check their current policies.
Basic Requirements of the Code of Practice
It is strongly recommended that you follow the advice below to prevent the carrying out of
treatments/procedures of those that are underage. Through adhering to the code of practice you
are required to actively implement the necessary training to your members of staff and operate
your premises in a safe and responsible manner.
1. Comply with the suggested age restrictions
2. Request evidence of age and photographic ID to prove it
3. Train all members of staff (existing and new) at least every three months
4. Maintain records of training and ensure all signed and dated
5. Implement a ‘challenge 25’ policy
6. Ensure written consent is provided for each procedure carried outForm A
Statement Of Acceptance Of Responsibilities Regarding
The Legal Age of Tattoo and Body Piercing Treatments
1. I have read and understood the Code of Best Practice Training Document.
2. I understand that if I carry out a tattooing or temptooing procedure the client must be at
least 18 years of age.
3. I understand that ‘Above the Belt Piercing’ is restricted to those aged over 16 and will only
be allowed for under 18’s if accompanied by a consenting parent or guardian.
4. I understand that ‘Genitalia Piercing’ cannot be carried out on those under the age of 16
years as it is regarded as indecent assault to which the customer cannot legally consent.
5. I understand that a Challenge 25 policy is in place and that I must ask for identification
from anyone who looks 25 or less.
6. I understand that if someone appears under 25 or if I have any doubt about the age of a
person, I should ask for proof of their age. The only forms of identification I should accept
are:
Passport
Photo driving licence
PASS approved proof of age card e.g. Validate Card, Portman Group Card, Citizen
Card.
7. I understand that if a customer fails to produce acceptable identification or I believe a
person is underage I will refuse to carry out the procedure requested. I will complete the
premise refusals register.
8. I hereby confirm that I have received advice and training from my employer regarding the
legal age of tattooing and body piercing treatments.
Name:
(Please Print Full Name)
Signature:
Date:
Name of Shop:
Address of Shop:
Remember It Is Illegal To Tattoo or Temptoo any person under the age
of 18 years!
Remember it is illegal to carry out Genitalia Piercing on any person
under the age of 18 years!Form B
Record Of Advice And Training Given To A Member Of Staff Regarding
The Legal Age of Tattoo and Body Piercing Treatments
I hereby confirm that I have instructed (Insert Name)
In relation to the carrying out of procedures and treatments and feel confident that he/she fully
understands the procedures to be complied with.
It is recommended that update training be given every three months.
Name:
(Please Print Full Name)
Signature:
Position:
Date of Training:
Employment Start Date:
Name of Shop:
Address of Shop:
Date Update Training Due:You can also read
