Clause 14 (Hansard, 3 February 1982)

§ Mr. Raison
I beg to move amendment No. 33, in page 14, line 19, leave out from 'shall' to end of line 22 and insert 'only carry on a business mentioned in sub-section (1) above in any area in which this section is in force in premises registered under this section for the carrying on of that business; but a person who carries on the business of tattooing, ear-piercing or electrolysis and is registered under this section as carrying on that business does not contravene this subsection mere because he sometimes visits people at their request to tattoo them or, as the case may be, to pierce their ears or give them electrolysis'. This amendment brings subsection (2) of clause 14 into line with subsection (2) of clause 13, as, earlier in Committee and now again, amended. It is considered important that a person should not be registered to carry on the businesses of tattooing, ear-piercing and electrolysis in any area where this clause is in force unless he also carries it on from premises which have also been registered and the cleanliness of which can be secured under byelaws made by the registering authority. Some persons may wish to be tattooed, have their ears pierced or be given electrolysis at home or elsewhere than in the registered premises. If they request this, this amendment makes this permissible, but, since a request must be made, the tattooists, ear-piercers and electrolysists are debarred from, for example, setting up their businesses temporarily in premises other than those registered as a means of soliciting business.

Mr. R. C. Mitchell
In line 6 of the amendment, is the word "mere" correct, or should it be "merely"? Secondly, in the next line, there is a word which does not usually appear in legislation—"sometimes". "From time to time" and "occasionally" appear, but what does the Minister think is the legal definition of "sometimes"? Is it not a vague word which, in a court case, is liable to interpretation and could give rise to some difficulty?

§ Mr. Raison
The hon. Gentleman is right about the word "mere"—it should read "merely". He has rather flummoxed me on the word "sometimes". Offhand, I cannot see any particular legalistic merit in saying "from time to time" as opposed to "sometimes". They both seem 472 to be alternative uses of the English Language. I will write to the hon. Gentleman if there is a subtle point, but I otherwise ask him to accept the drafting as it stands.

§ Mr. Raison
I beg to move amendment No. 34, in page 14, line 24, leave out from 'and' to `and' in line 25 and insert 'the premises where he desires to carry on his business'.

Mr. Deputy Speaker
With this, it is convenient to take Government amendment No. 35.

§ Mr. Raison
These two amendments require that a person who is registered in an area in which clause 14 is in force to carry on the business of tattooing, ear-piercing or electrolysis must also carry on that business from registered premises. When he applies for registration he must also give particulars of the premises in which he wishes to carry on his business so that these too may be registered at the same time.
Amendment agreed to.
Amendment made: No. 35, in page 14, line 33 leave out from first `to' to 'and' in line 37 and insert 'the premises where the applicant desires to carry on his business'.—[Mr. Raison.]