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
”
.