Notice of Intention to Make a Byelaw
As required by Local Government Byelaws (Wales) Act 2012, Flintshire County Council (the Council) hereby gives notice of the Council’s intention to make byelaws under sections 14 and 15 of the Local Government (Miscellaneous Provisions) Act 1982 in relation to acupuncture, tattooing, semi-permanent skin colouring, cosmetic piercing and electrolysis. A draft of the byelaw has been published on the Council’s website (https://www.flintshire.gov.uk/en/Business/Health-and-Safety/Skin-piercing.aspx).
A copy of the draft Byelaws can be found here
Initial Written Statement
What’s it about?
The Local Government (Miscellaneous Provisions) Act 1982 gives councils in Wales additional powers and responsibilities to create local Byelaws. Flintshire Council would like to formalise adoption of a Byelaw to ensure that both the premises and the operators who carry out acupuncture, tattooing, semi-permanent skin-colouring, cosmetic piercing and electrolysis can continue to be effectively regulated in respect of the cleanliness and management of such premises and the staff carrying out such services for the purposes of public safety.
The standards contained in the Byelaws are already adhered to within skin piercing establishments in Flintshire. It is not anticipated that it will have any direct changes to the way reputable skin piercers currently operate.
As part of this process interested parties have been consulted about these byelaws and the responses will be considered before reporting again in a further statement a summary of our findings and if the byelaws should be adopted.
A summary of the consultation and the responses
The Council has undertaken a process to consult with interested parties (all registered skin piercers with in the County of Flintshire) on the adoption of local Byelaws for acupuncture, tattooing, semi-permanent skin-colouring, cosmetic piercing and electrolysis. No adverse comments were received nor the any changes requested to the proposed byelaws.
Council’s decision and reason for the decision
The Council has decided to progress the adoption process as the most appropriate way of addressing regulatory and public safety issues and taking into account the response to the consultation.
Standard information on applying for registration for Acupuncture, Tattooing, Semi Permanent Skin colouring/ (Micro blading), cosmetic piercing, and an electrolysis Businesses is as follows;
Information on the standards required as are below;
- The person carrying out the procedure must have received infection control training to a recognised standard.
- The person carrying out the procedure must have attended a recent Approved Emergency First Aid Course or have equivalent or better level of first aid knowledge training and competency.
- The treatment area must contain a wash hand basin for sole use of the practitioner. This must be plumbed into a continuous supply of hot and cold water, mobile units will not be accepted. The wash hand basin in the treatment room is required to have non hand operated taps. If you choose to use the lever type tap tops they must be the long levers type and specifically be non-hand operated (Not the short lever taps). Sensor taps and knee operated taps are also non hand operated.
- There must be a designated equipment washing sink with hot and cold running water that is separate to the wash hand basin. (In a business premises this sink should preferably be separate to the general staff sink in use).
- If using marker pens for the skin they must be single use that is disposed of between each customer.
- Adjacent to the wash hand basin there should be wall mounted disposable hand towel and soap dispensers. The soap dispenser should not be the fillable type (i.e. there must be cartridge type refills and replacement of the soap containers within the holder rather than topping up).
- There should be a hand washing instructional sign by the basin.
- The treatment area is only to be used for skin piercing activities.
- A Hazardous waste contract, foot operated bin and sharps box are required.
- Skin Piercers are advised to have immunisation against Hepatitis B and you should contact your GP for further guidance on this.
- This list is non exhaustive and is a summary. It does not list every single hygiene control which is contained in the Bye-Laws (the standards to achieve compliance) . There may be some changes when new legislation is issued).
- You should ensure that checks have been made and you have planning permission before registering a new business.
- Payment for registration can be made only when all work has been completed following inspection, this can be made by phoning and quote reference PBH 117 9653 (please provide your name and address/email & premises address) Telephone: 01352 703440
Charges for 2022/2023 are £65.52 to register each operator in the business and £131.04 to register the business premises.
You can apply for registration if the courses are imminent otherwise any applications received will be put on hold until the necessary certificates are obtained.
Yes, as the registration is specific to an individual premises
They last for two years for both the operator and for the premises. At the end of this period they will require renewal however there is no charge at that stage.
Yes currently you will have to apply to the new authority in which you will be working.
The authority will only permit home working from a detached building i.e. garage/garden room with its own entrance. The building must meet the same high standards as outlined in the byelaws in addition to meeting any planning permission requirements.
Due to the infection control risks the authority does not allow mobile working unless the mobile premises meet the same standards as outlined in the byelaws.
Aesthetics (non-surgical cosmetic treatments)
Currently the authority does not require registrations for operators. All operators must ensure that they comply with the Health and Safety at Work Act 1974 and COSHH regulations with high standards of infection control practices. Further advice can be obtained on the HSE website. https://www.hse.gov.uk/coshh/
Registration is required with Healthcare Inspectorate Wales (HIW) if you are providing treatments in Wales using intense pulsed light treatment or a class 3B or 4 laser: You can apply online here. https://www.gov.uk/laser-intense-pulsed-light-treatment-registration-wales