The Law Relating to Body Piercing and Tattoos

Having a tattoo or a body piercing is a big decision, and in a lot of cases, a permanent one. Until recently, the laws applying to tattoos and body piercing were sketchy to say the least, and it could be hard to tell who was reputable and who to avoid.

What Laws Apply to Body Art?

The main areas of law that relate to body piercing and tattoos cover the health, safety and licensing of any premises that carries out 'cosmetic' skin piercing and permanent tattooing. These laws are:

• The Health and Safety at Work etc Act (HSWA,1974)
• The Local Government (Miscellaneous Provisions) Act 1982 ( recently amended by the Local Government Act 2003)
• Laws relating to Age and consent
• The Tattooing of Minors Act 1969
• Assault implications
• The Prohibition of Female Circumcision Act (1985)
• Anaesthetics - The Medicines Act (1968
• Legal exemptions affecting some special treatments.

Who has to be Registered?

All businesses that carry out ear piercing and permanent tattooing must be registered under the Local Government (Miscellaneous Provisions) Act, and since 2004, local authorities also regulate salons and other businesses that carry out body piercing, and semi-permanent skin-colouring techniques such as micropigmentation, semi-permanent make-up or temporary tattoo services.Local authorities have the powers to inspect any premises that carry out piercing or tattooing, and make sure that they are observing local byelaws that relate to the hygiene of their premises, staff and equipment. 

All the gear but no idea...

The problem with this is that the local authority has to obligatorily grant a license and does not take into account the quality of the actual tattoo. This means that the studio can be very clean and obey all the necessary heath, safety and hygiene but the "artist" does not really need to have the required skills to tattoo correctly and safely. e.g. running the needle at the right depth, tuning the machine correctly, overworking the skin, not even begin able to draw! All of which ending up in the result being a badly executed tattoo and the customer walking away with an awful piece of art.

How Old Do I Have to Be?

There is no legal age of consent for body piercing, and so it's legal for someone under the age of 18 to have a piercing as long as they have consented to it. Children under the age of 16 can't legally consent to a genital (or in the case of girls, nipple) piercing, as it's considered to be indecent assault. There are no plans to introduce an age of consent for body piercing in any areas other than the genitals, although some local authorities have introduced recommendations about the ages at which a person can have specific body piercing's.

The Tattooing of Minors Act 1969 makes it illegal for anyone to tattoo you if you are under the age of 18 - although the offence is with the person who carries out the procedure, rather than the person who asks for the tattoo. New guidelines suggest that a tattoo artist should ask to see proof of age and record this before agreeing to tattoo you.

What Must I be Asked?

Before a piercing or tattoo is carried out, the studio should, by law, ask some important health questions, as well as making sure you have all the appropriate aftercare advice.

They should ask you about any allergies or health problems that may affect your tattoo or piercing, and they are also obliged to keep detailed records of this consultation for up to two years. This protects you as a client, as it makes sure that the piercer or tattoo artist knows in advance whether there are any issues that could lead to complications - or even be dangerous for you.

Aftercare Advice?

After you've been pierced, or your tattoo is complete, you should be given specific advice about what to expect, and how to look after your new artwork.

Local authorities will expect businesses to give out basic advice, mostly relating to hygiene, for example the time you can expect to wait before the wound is fully healed, how to keep the piercing or tattoo clean and dry and avoiding infection.

The laws have been tightened up considerably in recent years, following horror stories about underage tattoos and body piercing that has led to septicaemia. At least with the stricter regulations, you should be assured that anywhere you visit has been registered with and inspected by health and safety officers. If they aren't registered - leave well alone.