Overview
6.The Act has 26 sections and comprises 6 headings:-
Register of tobacco retailers - consists of 4 sections and covers the requirement for all tobacco retailers to register with a registration authority in accordance with the Act. It covers the application process for registering, including setting out the circumstances under which a retailer may not register and those which may lead to a retailer being removed from the register. It also places a duty on retailers to notify the registration authority of certain changes affecting the register.
Persistent commission of tobacco offences - contains 5 sections which set out the circumstances under which a court of summary jurisdiction can make a restricted premises order or a restricted sale order to prohibit the sale of tobacco either on a named premises or by a named person. It also sets out the process for appealing such an order and requires businesses subject to a restricted premises order to display a notice and to remove tobacco products from the retail area during the period of the order.
Offences - contains only 1 section which covers all the new tobacco offences which will be created as a result of the Act. These offences relate to the register, to selling tobacco in contravention of a restricted premises order or a restricted sale order, and failure to display a notice or remove tobacco from the retail area when subject to a restricted premises order.
Enforcement powers, etc - comprises 7 sections and relates to the enforcement of provisions in the Act and in other tobacco related legislation, including powers of entry. The sections also outline fixed penalties for certain offences and deal with the obstruction of officers in exercise of their functions under the Act, as well as offences by bodies corporate. They also place a duty on councils to share enforcement information.
Supplementary - consists of 3 sections providing for an amendment to the Health and Personal Social Services (Northern Ireland) Order 1978, an amendment to the Land Registration Act (Northern Ireland) 1970 and a regulation making power.
General - consists of 6 sections and makes provision in respect of the delivery of notices in electronic form, interpretation of the Act, subordinate legislation and sets out the title and commencement dates.