Health and Personal Social Services (Northern Ireland) Order 1978 No. 1907 (NI. 26)

PART II N.I. SALE OF TOBACCO, ETC. TO PERSONS APPARENTLY UNDER [F1 18]

F1 Word in the cross heading to Pt. II substituted (1.9.2008) by Children and Young Persons (Sale of Tobacco etc.) Regulations (Northern Ireland) 2008 (S.R. 2008/306), regs. 1(2), 2(a)

Prohibition on sale of tobacco, etc. to persons apparently under [F2 18] N.I.

3.—(1) Subject to paragraph (2), a person who sells to a personF3 . . . under the age of [F4 18] any tobacco or cigarette papers, whether for his own use or not, shall be guilty of an offence.

[F3 (1A) It shall be a defence for a person charged with and offence under paragraph (1) to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.]

Para.(2) rep. with saving by 1986 NI 24

(3) A person guilty of an offence under paragraph (1) shall be liable on summary conviction to a fine not exceeding [F3 [F5 level 5] on the standard scale].

F2 Word in the heading of art. 3 substituted (1.9.2008) by Children and Young Persons (Sale of Tobacco etc.) Regulations (Northern Ireland) 2008 (S.R. 2008/306), regs. 1(2), 2(b)

F3 1991 NI 25

F4 Word in art. 3(1) substituted (1.9.2008) by Children and Young Persons (Sale of Tobacco etc.) Regulations (Northern Ireland) 2008 (S.R. 2008/306), regs. 1(3), 2(b)

F5 Words in art. 3(3) substituted (6.4.2016) by Tobacco Retailers Act (Northern Ireland) 2014 (c. 4), ss. 18(2), 25(2); S.R. 2016/101, art. 2(a), Sch. 1

Modifications etc. (not altering text)

C1 Art. 3(1): power to amend conferred (15.1.2007) by The Smoking (Northern Ireland) Order 2006 (S.I. 2006/2957 (N.I. 20)), arts. 1(3)(h), 14(a) (with art. 16(1))