CONTROL OF TATTOOING ACT

CONTROL OF TATTOOING

CHAPTER 270

CONTROL OF TATTOOING ACT

To control and regulate skin tattooing.

(28th December, 1976) *

ACT XL of 1976, as amended by Act XIII of 1983; Legal Notice 423 of

2007; and Act XIII of 2015.

The short title of this Act is the Control of Tattooing Act.

In this Act, unless the context otherwise requires -

"licence" means a licence issued under section 6 of this Act;

"Minister" means the Minister responsible for public health, and

includes, to the extent of the authority given, any person authorised

by the Minister in that behalf for any purpose of this Act;

"prescribed" means prescribed by regulations under this Act;

"relevant time", for the purposes of sections 3 and 5 of this Act,

means the time when the tattoo is performed, and, for the purposes

of section 4 of this Act, means the time when a person has in his

possession or control any of the things duly mentioned in that

section;

"tattoo" means the insertion into the skin of any colouring

material designed to leave a permanent mark;

"valid licence" means a licence which is validly issued and

which is still in force at the relevant time.

It shall be an offence against this Act to tattoo any person

who is under eighteen years of age or to tattoo any other person

unless by a person who is in possession of a valid licence.

It shall be an offence against this Act for any person to

have in his possession or under his control any instrument,

colouring material or other object used for the purpose of tattooing,

unless such person is in possession of a valid licence.

(1) It shall be an offence against this Act for any person

who is under eighteen years of age to request, allow, suffer or

permit the tattooing of any part of his body.

(2) It shall be an offence against this Act for any other person

to request, allow, suffer or permit the tattooing of any part of his

body except when the tattoo is performed by a person who is in

possession of a valid licence.

(1) If the Minister is satisfied that a person has the

necessary ability to perform tattooing without danger to health and

is likely to perform tattooing in such manner and in such hygienic

conditions as justify the issue of a licence, the Minister may issue

any such person a licence in writing to practise tattooing.

*See Government Notice No. 640 of 28th December, 1976.

CONTROL OF TATTOOING

(2) Every licence shall be valid only until the 3lst December of

the year in which it is issued and may only be renewed for a further

period or further periods of one year each, and shall expire and

cease to have effect unless it is renewed by the Minister as

aforesaid.

(3) Every licence shall be subject to suspension or withdrawal

by the Minister at any time and the Minister shall not be bound to

give any reason for his action. A licence which has been suspended

or withdrawn shall cease to have effect while it is suspended or

after it has been withdrawn.

(4) No licence shall be granted or renewed unless a fee of

twelve euro and ninety cents (€12.90), or such other fee as the

Minister may from time to time prescribe, in respect of the grant

and of every renewal thereof, has been paid to the Minister.

(1) Any public officer, authorised by the Minister, shall

have the power to enter and inspect any premises in which tattooing

is performed or is suspected of being performed.

(2) Any person who hinders, or obstructs, any public officer in

the carrying out of his duties under subsection (1) of this section

shall be guilty of an offence against this Act.

The Minister may make regulations to give fuller effect to

any of the provisions of this Act, and without prejudice to the

generality of the aforesaid powers, such regulations may -

(a) provide for the manner and conditions in which and

under which tattooing may be performed;

(b) provide for the manner in which and the conditions

under which any instrument, colouring material or

other object used for the purpose of tattooing is to be

kept or preserved;

(c) provide for offences in respect of any matter for which

provision is made by the regulations, and establish

punishments in respect of such offences not exceeding

a fine (multa) of one thousand and one hundred and

sixty-four euro and sixty-nine cents (1,164.69), or

imprisonment for a term of six months, or to both such

fine and imprisonment;

(d) prescribe anything that may be or is required to be

prescribed under this Act.

Any person committing an offence against this Act shall be

liable -

(a) on a first conviction to a fine (multa) of not less than

one hundred and sixteen euro and forty-seven cents

(116.47) but not exceeding four hundred and sixty-five

euro and eighty-seven cents (465.87), or to

imprisonment for not more than three months, or to

both such fine and imprisonment; and

(b) on a second or subsequent conviction, to imprisonment

CONTROL OF TATTOOING

for not less than one month but not exceeding six

months and to a fine (multa) of not less than two

hundred and thirty-two euro and ninety-four cents

(232.94) but not exceeding one thousand and one

hundred and sixty-four euro and sixty-nine cents

(1,164.69).