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The Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991

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Amendment of Articles 3 and 4 of the Health and Personal Social Services (Northern Ireland) Order 1978

3.—(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.; and

(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”.

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