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Children and Young Persons (Protection from Tobacco) Act 1991

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2Amendment of section 18 of the Children and Young Persons (Scotland) Act 1937

(1)Section 18 of the [1937 c. 37.] Children and Young Persons (Scotland) Act 1937 (sale of tobacco, etc. to persons under 16) shall be amended as follows.

(2)In subsection (1)—

(a)the word “apparently” shall be omitted; and

(b)for the words from “on summary conviction” onwards there shall be substituted “on summary conviction to a fine not exceeding level 4 on the standard scale.”

(3)After subsection (1) there shall be inserted—

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

(4)In subsection (2)—

(a)for “is being extensively used by persons apparently” there shall be substituted “has been used by any person”; and

(b)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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