Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991
| Jurisdiction | UK Non-devolved |
| Citation | SI 1991/2872 |
| Year | 1991 |
1991 No. 2872 (N.I. 25)
NORTHERN IRELAND
The Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991
Made 19th December 1991
Laid before Parliament 7th January 1992
Coming into operation in accordance with Article 1
At the Court at Buckingham Palace, the 19th day of December 1991
Present,
The Queen’s Most Excellent Majesty in Council
Whereas this Order is made only for purposes corresponding to those of the1Children and Young Persons (Protection from Tobacco) Act 1991:
Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1 of Schedule 1 to the2Northern Ireland Act 1974 (as modified by section 8(6) of the said Act of 1991) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
Introductory
Title and commencement
1.—(1) This Order may be cited as the Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991.
(2) This Order shall come into operation on such day or days as the Head of the Department may by order appoint.
Interpretation
2.—(1) The 3Interpretation 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.
Amendment of Articles 3 and 4 of the Health and Personal Social Services (Northern Ireland) Order 1978
3.—(1) The 4Health 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)
(a) in paragraph (1) the word “apparently” shall be omitted;
(b)
(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.”; and
(c)
(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)
(a) in paragraph (1) for “is being extensively used by persons apparently” there shall be substituted “has been used by any person”; and
(b)
(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”.
Sale of unpackaged cigarettes
4.—(1) It shall be an offence for any person carrying on a retail business to sell cigarettes to any person other than in pre-packed quantities of 10 or more cigarettes in their original package.
(2) Any person guilty of an offence under paragraph (1) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3) In this Article “original package” means the package in which the cigarettes were supplied for the purpose of retail sale by the manufacturer or importer; and “package” means any box, carton or other container.
Display of warning statements in retail premises and on vending machines
5.—(1) A notice displaying the following statement—
“It is illegal to sell tobacco products to anyone under the age of 16”
shall be exhibited at every premises at which tobacco is sold by retail, and shall be so exhibited in a prominent position where the statement is readily visible to persons at the point of sale of the tobacco; and where—
(a)
(a) any person carries on a business involving the sale of tobacco by retail at any premises, and
(b)
(b) no...
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