Hairdressers Registration (Amendment) Bill
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A
B I L L
TO
Amend the Hairdressers (Registration) Act 1964 to provide for the regulation of the hairdressing industry; the training and mandatory registration of hairdressers; a complaints and compensation scheme for the protection of customers; the development and improvement of professional standards in hairdressing; and for related purposes.
BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
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| Hairdressing by unregistered persons an offence. |
1. After Section 2 of the Hairdressers (Registration) Act 1964 ("the 1964 Act") there shall be inserted the following sections -
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| "Hairdressing by unregistered persons an offence. |
2A. - (1) On and after the second appointed day no person shall-
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(a) practise hairdressing; or |
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(b) manage the practice of hairdressing at an establishment where others are training to become hairdressers; |
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unless he is registered by the Hairdressing Council ("the Council") under this Act as being entitled to practise hairdressing.
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(2) No person who-
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(a) practises hairdressing without receiving fee, gain or reward elsewhere than in an establishment where hairdressing is regularly practised as a business; |
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(b) is undergoing a form of training approved by the said Council under the provisions of Section 4 of this Act; or |
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(c) manages an establishment where hairdressing is carried out, without practising hairdressing himself; |
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shall be guilty of an offence under this section.
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(3) A person who manages the practice of hairdressing at an establishment where others are training to become hairdressers shall not be guilty of an offence under this section if he holds the Master Craftsman Diploma of the Council or another person at that establishment holds the Diploma.
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(4) A person guilty of an offence under subsection (1) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale and on any subsequent conviction for any such offence to a fine not exceeding level 4 on the standard scale for each such offence, but it shall be lawful for any person who-
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(a) before the second appointed day has been engaged in or practising hairdressing for a period of not less than five years; and |
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(b) had before that day duly applied for registration under Section 2B or 3 of this Act; or |
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(c) in the case of an offence under subsection (1)(b) above, before the second appointed day had held qualifications which the Council accepted as equivalent to that Diploma and in respect of which that person had applied for and the Council had issued to that person a certificate to that effect; |
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to continue to practise hairdressing or to manage the business of hairdressing as aforesaid without being registered by the Council until informed of the decision with regard to his application and, if the decision is adverse, until his appeal is disposed of by the Appeal Committee of the Council.
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| Entitlement to registration. |
2B. - (1) A person who applies for registration and satisfies the Council that he has been engaged in or practising hairdressing for gain for a period of not less than three years before the second appointed day shall be entitled to be registered by the Hairdressing Council in the register of hairdressers and issued with a certificate of registration.
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(2) A person who satisfies the Council that his qualifications before the second appointed day were equivalent to the Master Craftsman Diploma shall be entitled to be issued with a certificate to the effect that the Hairdressing Council accepts that he is suitably qualified to practice hairdressing.
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(3) Any person whose application for registration under this section is refused may appeal to the Appeal Committee of the Council.
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| Grievances and appeals. |
2C. - (1) Any person aggrieved by the decision of the Hairdressing Council in respect of an application made under section 2B of this Act and any person aggrieved by a refusal or withdrawal of approval of the Council under Section 4 of this Act may appeal against that decision to the Appeal Committee constituted under this section, as may any person aggrieved by a decision of the Disciplinary Committee under Section 9 of this Act, provided that any such appeal shall be lodged within fourteen days of the decision of the Hairdressing Council
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(2) The Appeal Committee shall consider and determine appeals against a refusal of the Hairdressing Council to register a person under this Act or to issue a certificate of equivalency to the Master Craftsman Diploma under Section 2B of this Act and against refusals or withdrawals of approval by the Council under Section 4 of this Act and shall be empowered to regulate its own procedure.
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(3) Subject to subsection (4) below, the Appeal Committee shall consist of 9 persons whose appointments shall be made as follows-
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(a) one by the British Medical Association; |
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(b) one by the Institute of Trichologists; |
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(c) one by the Hairdressing Training Board; |
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(d) three by such trade union or employees' organisation as the Secretary of State may prescribe; and |
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(e) three by such employers' organisations as the Secretary of State may prescribe. |
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(4) No person shall be a member of both the Appeal Committee and the Council.
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(5) The Chairman of the Appeal Committee shall be appointed from among the committee members and shall have a casting vote."
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| Qualifications for registration. |
2. - (1) Section 3 of the 1964 Act shall be amended as follows.
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(2) In subsection (1), for paragraphs (a) and (b) there are substituted the words "he holds an NVQ certificate at the appropriate level.".
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(3) In subsection (2), the words "as an apprentice or" are omitted and for the words "three years" there are substituted the words "five years".
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| Approval of courses and qualifications. |
3. - (1) Section 4 of the 1964 Act shall be omitted and replaced by the following section-
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| "Approval of courses and qualifications. |
4. - (1) Subject to the provisions of this section, the Hairdressing Council shall approve for the purposes of this Act-
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(a) any course of training which the Council and the Hairdressing Training Board considers will confer on persons completing it, sufficient knowledge and skill for them to be admitted to the register of hairdressers; and |
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(b) a qualification taken in conjunction with an approved course of training." |
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(2) Section 5 of the 1964 Act shall be omitted and replaced by the following section-
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| "Monitoring of approved courses. |
5. It shall be the duty of the members of the Hairdressing Council to keep themselves informed of the qualifying standards of courses of training approved under section 4 of this Act."
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| Form of register. |
4. - (1) Section 6 of the 1964 Act (supplementary provisions as to the register) is amended as follows.
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(2) Paragraph (1)(a) is omitted and replaced by the following paragraph-
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"(a) regulating the procedure for registration;" |
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(3) In paragraphs (1)(c) and (d), after the word "prescribing", there is inserted ", subject to the endorsement of an annual meeting of persons registered under this Act,".
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(4) Subsection (3) is omitted.
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| Compensation fund. |
5. After section 8 of the 1964 Act, there is inserted the following new section-
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| "Compensation fund |
8A. - (1) A compensation fund shall be maintained and administered by the Council in such manner as the Secretary of State may, by Order made by statutory instrument, prescribe.
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(2) An Order made under subsection (1) above shall be laid before Parliament in draft and approved by a resolution of each House before being made."
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| Appeals procedure. |
6. - (1) Section 9 of the 1964 Act is amended as follows-
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(2) After subsection (1) of that section, there is inserted the following subsection-
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"(1A) A person whose name has been removed from the register in accordance with subsection (1) above may appeal against that removal to the appeals committee established by section 2C of this Act."
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(3) In subsection (2), at the end, there is inserted "and shall advise him of his right to appeal."
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| Copies of annual balance sheet. |
7. Subsection 13(3) of the 1964 Act shall be omitted and replaced by the following subsection-
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"(3) Copies of the annual balance sheet of the Council shall be furnished to all persons registered under this Act without charge and copies of the accounts of the Council shall be made available to any person on application and on payment of such reasonable sum as the Council may determine."
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| Interpretation. |
8. In section 15 of the 1964 Act (interpretation), after the definition of "registered person", there is inserted-
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""establishments" means premises where hairdressing services are offered on a professional basis by qualified staff and shall include anything mobile specifically fitted for hairdressing services;
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""second appointed date" means such day as the Secretary of State may, by order made by statutory instrument, appoint."
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| Constitution of the Council. |
9. - (1) Schedule 1 of the 1964 Act shall cease to have effect.
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(2) The Hairdressing Council shall be constituted in accordance with Part I of the Schedule to this Act and the supplementary provisions contained in Part II of that Schedule shall have effect with respect to the Council.
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| Short title and extent. |
10. - (1) This Act may be cited as the Hairdressers (Registration) (Amendment) Act 1998.
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(2) This Act shall not extend to Northern Ireland.
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