Botulinum Toxin and Cosmetic Fillers (Children) Act 2021 explained

Short Title:	Botulinum Toxin and Cosmetic Fillers (Children) Act 2021
Type:	Act
Parliament:	Parliament of the United Kingdom
Long Title:	An Act to make provision about the administration to persons under the age of 18 of botulinum toxin and of other substances for cosmetic purposes; and for connected purposes.
Year:	2021
Citation:	2021 c. 19
Introduced Commons:	Laura Trott^[1]
Introduced Lords:	Baroness Wyld
Territorial Extent:	England and Wales (whole act) Scotland and Northern Ireland (sections 4.3 and 5)^[2]
Royal Assent:	29 April 2021
Commencement:	29 April 2021 (sections 5 and 6) 1 October 2021 (rest of act)^[3]
Status:	Current
Original Text:	https://www.legislation.gov.uk/ukpga/2021/19/enacted
Revised Text:	https://www.legislation.gov.uk/ukpga/2021/19
Legislation History:	https://bills.parliament.uk/bills/2620

The Botulinum Toxin and Cosmetic Fillers (Children) Act 2021 (c. 19) is an act of the Parliament of the United Kingdom. The Act makes it illegal to administer botulinum toxin or fillers for cosmetic purposes to those under the age of 18.

Provisions

The provisions of the Act are:

Section 1

Making it an offence in England for a person to administer either botulinum toxin or cosmetic fillers to another person who is under the age of 18. Making someone who commits the offence liable, upon summary conviction, to a fine.^[4]
Allowing it to be a defence to show that at the time of the offence the defendant:
- was a registered medical practitioner
- was a regulated health professional acting on directions from a registered medical practitioner, or
- believed and had taken reasonable steps to establish that the other person was over 18.

Section 2

Making it an offence for a person to own a business where a someone other than an approved person administers botulinum toxin or cosmetic fillers to a person under the age of 18, or where arrangements are made on the behalf of the business owner for that to happen. Making someone who commits the offence liable, upon summary conviction, to a fine.^[5]
Allowing it to be a defence to prove that the business owner took all reasonable precautions and due diligence to avoid committing the offence.

Section 3

Applying the offence outlined in Section 2 to bodies corporate.^[6]
Allowing (if the offence is proved to have been committed with the consent or connivance of, or due to the neglect of, any director, manager or secretary of the body corporate or anyone purporting to act in such capacity) both the individual committing the offence and the body corporate to be held liable.

Section 4

Allowing offences under Section 2 to be enforced by local weights and measures authorities, using their investigatory powers under the Consumer Rights Act 2015.^[7]
Amending the Consumer Rights Act 2015 to include reference to this act.

Sections 5 and 6

Section 5 gives the Secretary of State the power to make consequential provisions by statutory instrument.^[8] Section 6 lays out the territorial extent of the law and when it commences.

Timetable

The Act was introduced in the House of Commons as a private member's bill by Laura Trott, the Conservative MP for Sevenoaks, after she was selected fourth in the private members' bill ballot in January 2020.^[9] It had its first reading in February 2020, its second reading in October 2020 and was passed to the committee stage by November. The bill had its third reading on 12 March 2021, passing to the House of Lords the same day. It had its second reading in the Lords on 16 April and its third on 28 April, with the need for committee stage being discharged. It gained royal assent on 29 April 2021.^[10]

Notes and References

Web site: Botulinum Toxin and Cosmetic Fillers (Children) Act 2021 . . 26 March 2022.
Web site: 6 - Extent, commencement and short title . . 26 March 2022.
Web site: The Botulinum Toxin and Cosmetic Fillers (Children) Act 2021 (Commencement) Regulations 2021 . . 26 March 2022.
Web site: 1 - Offence of administering certain substances to a child . . 26 March 2022.
Web site: 2 - Offence by persons carrying on a business . . 26 March 2022.
Web site: 3 - Offences by bodies corporate . . 26 March 2022.
Web site: 4 - Enforcement . . 26 March 2022.
Web site: 5 - Power to make consequential provision . . 26 March 2022.
Web site: PRESS RELEASE: Laura Trott MP celebrates ban of under 18’s receiving Botox and cosmetic fillers . LauraTrott.org . 26 March 2022 . 29 April 2021.
Web site: Botulinum Toxin and Cosmetic Fillers (Children) Act 2021 - Stages . . 26 March 2022.