Children and Young Persons (Protection from Tobacco) Act 1991

Contents

1Amendment of section 7 of the Children and Young Persons Act 1933.#

(1)Section 7 of the ^noteChildren and Young Persons Act 1933 (sale of tobacco, etc. to persons under 16) shall be amended as follows.

(2)In subsection (1)—

(a)the word “apparently” shall be omitted; and

(b)for the words from “on summary conviction” onwards there shall be substituted “ on summary conviction to a fine not exceeding level 4 on the standard scale. ”

(3)After subsection (1) there shall be inserted—“1A It shall be a defence for a person charged with an offence under subsection (1) above to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.”

(4)In subsection (2)—

(a)for “is being extensively used by persons apparently” there shall be substituted “ has been used by any person ”; and

(b)for the words from “to a fine” onwards there shall be substituted “ to a fine not exceeding level 4 on the standard scale. ”

2Amendment of section 18 of the Children and Young Persons (Scotland) Act 1937.#

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3Sale of unpackaged cigarettes.#

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3ASales from vending machines in England and Wales#

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4Display of warning statements in retail premises ....#

(1)Section 64D of the Public Audit (Wales) Act 2004 (disclosure of results of data matching etc) is amended as follows.

(a)in the opening words, after “subsection (5)” insert “and this subsection”,

(b)

(2)In subsection (5)(a)—

(3)In subsection (6)—

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

(7)

(8)In this section—• “applicable amount” means the amount which, in the claimant's case, is the applicable amount for the purposes of section 4(1);• “personal rate” means the amount calculated in accordance with section 2(1).

(9)Where a person making a surrender under regulation D14—

references in paragraph (8) to the retirement pension are references to the retirement pension which would become payable if he were to cease to hold his employment on the day on which the surrender takes effect.

5Enforcement action by local authorities in England and Wales.#

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6Enforcement action by local authorities in Scotland.#

(1)It shall be the duty of a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994—

(a)to consider, at least once in every period of twelve months, the extent to which it is appropriate for them to carry out in their area a programme of enforcement action relating to section 3 above, and

(b)accordingly to carry out in their area any programme which is for the time being considered by them to be appropriate under paragraph (a) above.

(2)In subsection (1)(a) above the reference to a programme of enforcement action relating to the provision there mentioned is a reference to a programme involving all or any of the following, namely—

(a)the investigation of complaints in respect of alleged offences under that provision;

(b)the taking of other measures intended to reduce the incidence of offences under that provision;

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7Expenses.#

There shall be paid out of money provided by Parliament any increase attributable to this Act in the sums so payable under any other Act.

8Short title, commencement, extent etc.#

(1)This Act may be cited as the Children and Young Persons (Protection from Tobacco) Act 1991.

(2)This Act shall come into force on such day as the Secretary of State may appoint by order made by statutory instrument; and different days may be so appointed for different provisions or for different purposes.

(3)Nothing in section 1 or 2 above has effect in relation to any offence committed before the commencement of that section.

(4)Subsection (4)(a) of section 1 or 2 above—

(a)shall not affect the continued operation of the relevant provision, as in force before the date of the coming into force of that section, in a case where the relevant use of which evidence has been or would be given in support of a complaint or application under that provision (as so in force) took place before that date, and

(b)accordingly shall, in particular, not affect—

(i)any complaint or application made under that provision before that date, or

(ii)any order so made;

and no complaint or application shall be made on or after that date under the relevant provision (as for the time being in force) in respect of any relevant use which took place before that date.

(5)In subsection (4) above—• “the relevant provision” means—(a) in relation to England and Wales, section 7(2) of the ^noteChildren and Young Persons Act 1933, and(b) in relation to Scotland, section 18(2) of the ^note Children and Young Persons (Scotland) Act 1937; and • “relevant use” means use of any such automatic machine as is mentioned in the relevant provision.

(6)An Order in Council under paragraph 1(1)(b) of Schedule 1 to the ^noteNorthern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which states that it is made only for purposes corresponding to those of this Act—

(a)shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament), but

(b)shall be subject to annulment in pursuance of a resolution of either House.

(7)Except for this section, this Act does not extend to Northern Ireland.

Contains public sector information licensed under the Open Government Licence v3.0.