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.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.
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Comments...
I have 7 piercings at 16. I have 2 lobe piercings done at 4, 2nd lobe piercing done by my dad with a sterile needle and snakebites what I got on my 16th and scaffold done. My parents encourage me with them being heavily tattooed And pierced themselves.
My opinion is that 16+ should be able to get a piercing without parental consent as you've left school and you can move out. But 18+ for lower genital piercings as it is someone that's not in a relationship touching you. Also the genitals haven't fully developed.and can cause problems in development.
pineapple poodle - 29 December 2011 @ 3:56 PM
At 15, I have 9 piercings already, (3 of which were self pierced) and have never had an infection. I understand the risks of piercings, but if under 18's aren't able to get a piercing legally then they will do it themselves. I think a child 8+ with parental consent should be able to get a lobe piercing. For anything except genital piercings and oral piercings, 13+ with parental consent. 16+ without parental consent for any piercing except for genital piercings which should be done at 18+. Also, for those that say children don't know what they want, I find your comment rather prejudice. You were once a 'child' and knew what you wanted. With piecings, the holes will close so you can't really regret a piercing unless you get infection from not looking after it.
TeenageGirl - 7 November 2011 @ 9:28 PM
Dear 'WTF parents',
Did your parents pick (not picky) GCSE English by any chance? They might want to control (not controlle) your life because they know better than to allow you to get a piercing (not peicing) and not allow you a choice (not choise). Just saying.
SteH - 21 September 2011 @ 11:34 AM
I have 6 piercings which started with the normal lobe piercings at 8 (re-pierced at 11) and I also have 2 tattoos. It doesn't half worry me how there are a few teens on here who are kicking and screaming about wanting to be treated like adults but are actually acting like children (not all mind, there are a few well written and well put arguments on here written by teens). I'm not surprised your parents say no to what you want if you're only going to throw your dummy out of the pram, maybe if you treated your parents with respect you'd receive it as many other teens on here have, that is why they have piercings and the childish ones don't. My sister acts like a spolit teen which is why she only has the standard lobe piercings whereas by her age I already had most of the ones I have today. Stomping around huffing about hating your parents and saying how unfair life is isn't going to get you what you want, showing your parents you're an adult before your time will open many doors, it still amazes me what I got away with.
(P.S a word to the wise: don't be nice for a few days, get what you want and then go back to the old ways, as one day you may want something else and they'll see right through you).
You get respect from your parents when you give it and not the other way around, I know there are a few people out there who believe it should be the other way around.
(And no, I'm not a parent, I'm not even an adult, I'm just a bog-standard teen.) :)
Another commentator - 6 September 2011 @ 1:49 AM
I had a tattoo when I was 17 (I looked much older at the time).Although it is by no means what I would choose now, it reminds me of a different time in my life, and I would never regret it.I had another tattoo when 26 -- old enough to legally have one, but still able to regret it!I don't, though, even though, once again, it is not a tattoo I would choose now (aged 32).
In response to Heart Broken Mother's above comment, I am so sorry about your daughter.I think, though, that rather than worrying too much about age restrictions, we should be concerned with standards of health and safety, hygiene, and after-care.A person of any age can get an infection from a piercing,or indeed a tattoo, what really matters is that they are given appropriate after-care instructions, and that piercing/tattooists should be regulated more closely.
regrettedtattoo? - 14 August 2011 @ 4:16 PM
I beleive that every person has the right to express themselves, be that through writing, art or piercings and tattoo's . obviously i dont agree with 5 year olds with lip piercings or anything like that but during the teenage years people want to express themselves and i think it should be celebrated that they arn't following the crowd. my mother was with me when i got every single one of my 10 piercings, and with my younger sister when she got hers, and we appreciate the fact that we weren't forbidden to do it and were encouraged to be ourselves. Also, with the matter of regretting them in later life, tattoos obviously meant something to you when you got them done, and though perhaps your opinions have changed from what inspired the tattoo, they remind you of who you used to be. DOWN WITH OPPRESSION, UP WITH EXPRESSION !
Freedom of Expressio - 4 August 2011 @ 6:25 PM
i am 16 years old and ever since mum parents picky my GCSE's they have been trying to controlle my life. i think that if a teenager wants a peicing under the age of 18/16 then thats what they should do. its their body and its their choise what they do with it. i hate parents who try to choose a life for their children. its not your choise it theirs.as soon as i turn 18 i will everything my mum and dad hated so they know that that is how i will live my life!!
WTF parents - 29 July 2011 @ 12:45 PM
As a 17 year old I understand the struggle teenagers go through to be treated as equals in the eyes of adults. With no control over schooling, home life or even money to an extent being able to do what we want with ourselves is often the only way we can express ourselves. From my experience if a 'child' (which is anyone under the age of 18 to most adults) has a valid reason for tattooing themselves, like all people should, then they should be allowed so long as the studio follows hygene rules ect and, if Im honest, if they dont then what are they still doing open in the first place? I am not allowed to have my tattoos yet because I am a year younger than an adult. At my age I am unable to drink legally, smoke legally, own my own house or be tattooed but yet I am allowed to get married? Im sorry but they are both lifelong commitments are they not?
Ell.Jayy - 11 July 2011 @ 9:43 PM
You can argue til the end of the earth about the dangers of piercings tattoos and what age it is 'safe' or 'suitable' to get them. Heart broken mother i see where you're coming from, it's extremely painful what you've been through. but that could happen to anyone at any age. you cannot change the danger of something by changing the age restriction on something. i do believe that people should wait til at least 16 to get any form of piercing that aren't ear lobe piercings. Ear lobe piercings can barely be seen unless you have extremely short hair and i believe that they look nice on both sexes. As long as the person getting pierced has consent from their parents (if they are under 16), i think there is no problem at all. The choice is personal and you can't make decisions for other people based on your own life experiences. I will say one thing though, THINK IT THROUGH. My life philosophy.
AGE IS JUST A NUMBER - 3 July 2011 @ 9:21 PM
I agree with 'body Piercer' .Most young people do not truely 'know thier own mind' and parents should not allow under 18's have thier body parts pierced.It is ugly but that is only my opinion. I see so amny pretty girls with them and tatoo's and know that 99% of them will at some time in thier lives regret it..At least there is one sensible piercer/tattoo artist in this country.
young at heart - 15 June 2011 @ 8:58 PM
Kids do not know what they want, & should not be able to decide at that age.If I could of I would of had my whole body covered in tattoos & piercings (well the piercings I did) luckily I could not find a tattooist that was willing to do it; Which I am very glad about now. At 12years old I got my tongue pierced, which is ridiculous looking back, the place where I got it done was not a good or clean one, I was actually in my school uniform when I got it done!! At the time no matter how many times people told me I'd regret it when I was older, I didn't believe them. Now only a few years later, I'm 16 and I already regret most of my piercing (not all of them) and the risks I put myself in by not going to a desent place. I so happy I never got any tattoos.
Jordie - 6 June 2011 @ 7:06 PM
I have just turned 16 and my mum is the best! She says that now I'm 16 I can do what I want to "ruin" my body. She even let me get my first tattoo at 15 which my gran paid for. I think that as long as we know our choices and things we should be allowed to do what we want with our bodies no matter what age we are! It's our lives and we should live with the consequences! One of my best friends has 11 piercings done by her exboyfrend who just used needles that he stuck in boiling water to sterilise them.
LoveMyMum - 7 May 2011 @ 6:29 PM
I'm a body piercer and I hate piercing any teen and as a result I don't, Ive been brought up in a family of tattoo artists and body piercers and I was never allowed to get a piercing or tattoo untill I was 18. I'm not preaching to anyone. The point of your parent is to help you understand life and guide you. Just because your 'mum' or 'dad' say no. DOESNT mean they are trying to mould you to be them. You are still learning.they are not 'deciding your future'. that's just silly if that's what you believe. You have ALL your life to get piercings and tattoos, The parlours aren't going anywhere I'm certainly not, seriously if you cannot wait until you are 18, then go to the people that do it at home and risk the possibility of catching Hepititus or HIV or any other blood disease that is caught through dirty needles and people who do not care about your health (this is a serious thing which is what most parents worry about). Patience is the first step of being responsible please do not do silly things let your body grow and develop because any piercing you have if you are young has a greater possibilty of getting infected or growing out because your body is still young. Again I didn't write this to come across as 'I know best' because I don't. But to kind of show the dangers in rushing into things. I will most likely be public enemy number 1 now lol I hope I'm not but that's life :)
body piercer - 5 May 2011 @ 4:23 PM
i am 15 and i really want either snake bites or a flesh tunnel in my ear but my parents wont let me why can't people choose what they want to do no matter what thier age so only they suffer the consequences
WANTAPIERCING - 24 April 2011 @ 10:20 PM
In all fairness, if body piercings (expect genital/nipple piercings) were made available to anyone who's 14+, less kids would be trying to pierce themselves or going to dodgy, unclean tattoo parlors to get them done (resulting in infections) as the stricter, but cleaner ones wouldn't let them.
Plus it's our choice how we can dress, not our parents or the governments, we have the right to be ourselves.
AngryTeen - 23 April 2011 @ 9:24 PM
My 15 year old daughter came home from brighton with tongue pierced
The shop didn't ask for i.d nor ask about health conditions,yet my daughter who has only just turned 15 suffers from fits
What is the world coming to.........
DISAPPOINTED PARENT - 13 April 2011 @ 2:37 PM
I'm 16 and I got my first piercings at 2. Why should it be illegal for under 16/18 year olds to become pierced but if a mother wants their child to have their ears pierced, they can get it done so young? I have 11 piercings all together and 5 are Mirco Dermals. My mother was there when I got every single piercing done including them. Also to "Heart Broken Mother" when you were young, you did rebellious things. It is up to the adolescent if they want to be pierced. NOT the government.
Pierced And Happy - 11 April 2011 @ 5:16 AM
I understand why you think that heart broken mother but at the age of 15+ we deserve a say of whatt we should be able to do to our bodies not the goverment as long as we have the support of our parent/s we should be able to have tattoos
we deserve a say - 6 April 2011 @ 7:30 PM
This helped clear up a lot, my mother is always so controlling, she said to me I couldn't get a piercing till I'm, 18 when I can do what I want, That's when I said"When im 18 I'll be everything you hate!" Now I got this as proof, I think a child has as much right as an adult, it is truly annoying for pretty much all teens when they are pushed around by "Superior" adults, a child, or teen, should be able to do what they want, within restrictions, but not too many, we should decide our future, not adults who think they know what we're like more then ourselves.
AnnoyedTeen - 4 April 2011 @ 8:42 PM
I believe that it should be against the law for a child under the age of 18 years old, to have a piercing done without a parent's consent. My 17 year old daughter passed away through a body piercing five years ago and there is not a day goes by that I wish this law would come into effect, to prevent another mother to go through the pain I feel in my heart every day. I believe one child to die is one to many. I am working on trying to get this law passed for the sake of our children we need to protect them. Children are not allow to vote, buy cigarrettes, matches or beer but yet they are allowed to put holes in their bodies to harm themselves and may end up like my child with not another chance for life!
HEART BROKEN MOTHER - 25 March 2011 @ 1:11 AM
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