Introductory Title and commencement (1) This Order may be cited as the Children and...
Introductory
Article 1Title and commencement#
(1)This Order may be cited as the Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991.
(2)note This Order shall come into operation on such day or days as the Head of the Department may by order appointnote.
Article 2Interpretation#
(1)The Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.
(2)In this Order “the Department” means the Department of Health and Social Services.
Article 3Amendment of Articles 3 and 4 of the Health and Personal Social Services (Northern Ireland) Order 1978#
(1)The Health and Personal Social Services (Northern Ireland) Order 1978 shall be amended as follows.
(2)In Article 3 (prohibition on sale of tobacco, etc., to persons apparently under 16)—
(a)in paragraph (1) the word “apparently” shall be omitted;
(b)after paragraph (1) there shall be inserted—“1A It shall be a defence for a person charged with an offence under paragraph (1) to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.”
(c)in paragraph (3) for “£50” there shall be substituted “ level 4 on the standard scale ”.
(3)In Article 4 (control of automatic machines for sale of tobacco)—
(a)in paragraph (1) for “is being extensively used by persons apparently” there shall be substituted “ has been used by any person ”; and
(b)in paragraph (2) for the words from “to a fine” onwards there shall be substituted “ to a fine not exceeding level 4 on the standard scale ”.
Article 4Sale of unpackaged cigarettes#
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Article 4ASales from vending machines#
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Article 5Display of warning statements in retail premises ...#
(1)A notice displaying the following statement—“It is illegal to sell tobacco products to anyone under the age of 18”
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)The dimensions of the notice to be exhibited in accordance with paragraph (1) note..., and the size of the statement to be displayed on it, shall be such as may be prescribed by regulations made by the Department subject to negative resolution.
(4)Any person guilty of an offence under paragraph (1) note... shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(5)It shall be a defence for a person charged with any such offence to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
(6)In this Article—
• “premises” includes any place and any vehicle, vessel, aircraft, hovercraft, stall or moveable structure; and• “tobacco product” has the meaning given by Article 7 of the Health and Personal Social Services (Northern Ireland) Order 1978.
Contains public sector information licensed under the Open Government Licence v3.0.