Introductory

Amendment of Articles 3 and 4 of the Health and Personal Social Services (Northern Ireland) Order 19783

1

The [1978 NI 26] 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 ”.