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Candidate Instructions
1. This task requires you to produce a Report on the Sunbeds (Regulation)
Act 2010.
2. For this task, you take the role of a trainee Legal Executive working for a firm of solicitors in Kempston. Your supervisor is advising clients Andrew and Robina Lempstone, owners of Anna Robic Gym situated in Kempston.
The matter relates to potential breaches of the Sunbeds (Regulation) Act 2010 following incidents in the Gym and subsequent complaints to the Gym by the parents of both Boris and Catherine (who were customers at the Gym) and the parents of David (who is an employee of the Gym).
3. As part of your training on legal research skills your supervisor has asked you to produce a Report. The purposes of the Report are to identify, explain and apply the sections of the Sunbeds (Regulation) Act 2010 relevant to the client’s case and to assist your supervisor in advising the clients on the legal position of Anna Robic Gym.
4. You must read the client case study below which outlines the relevant facts.
5. You must research:
– the Sunbeds (Regulation) Act 2010
– the Explanatory Note to the Sunbeds (Regulation) Act 2010
The Sunbeds (Regulation) Act 2010 is referred to in this document as “the Act”.
6. Whilst you will need to refer to the case study in your Report, there is no need to include a copy of it.
7. You will be assessed on the content, structure and presentation of the Report (see below).
Producing the Report
Your Report must have 3 main headings – Introduction, Findings and Conclusion. It may have sub-headings if you wish to include these.
It is essential that you refer to the relevant section number(s) of the Act in your “Findings” and “Conclusion” so that your supervisor can check your research.
Content
1. Under the heading “Introduction” the Report must include an explanation of the two purposes of the Report. 2. Under the heading “Findings” the Report must answer the following 5 questions (a) to (e). Your answer to each question must identify,
describe and apply the relevant section(s) of the Act. a) Explain if the client’s gym is a “sunbed business” as defined by the Act
and whether it is subject to the duties outlined in the Act?
b) How are sunbeds defined under the Act and has the Gym allowed sunbeds to be used by persons aged under 18 in breach of the Act?
c) Has the Gym offered sunbeds for use by persons aged under 18 in breach of the Act?
d) In relation to Boris, Catherine and David, has the Gym allowed a person aged under 18 to be present in a restricted zone in breach of the Act?
e) If there have been any potential breaches of the Act in relation to Boris, Catherine or David, explain the defences under the Act which might apply to the Gym. How successful might these defences be?
3. Under the heading “Conclusion” you must:
a) include an appropriate closing statement to summarise your findings;
b) identify who is responsible for enforcement of the Act, should any of the parents wish to make a formal complaint;
c) state any possible penalty, under the Act, the Gym might receive if it is found to have breached the Act.
4. Structure of the Report is important:
it must not exceed 1200 words;
it must have a word count;
it must have a title;
it must have three headings (Introduction, Findings and Conclusion)
(the Report may have sub-headings if you want to include these);
it must include the numbers of any sections of the Act you have referred to.
5. Presentation of the Report is important:
it must be logical and written in sentences (not bullet points);
cutting and pasting extracts from the Act (or other sources) without explanation should be avoided and where appropriate the Report must be written in your own words in order to show understanding of the research you have undertaken;
it must have no more than 10 spelling, grammar or word processing errors.
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