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Health Act 2009

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This is the original version (as it was originally enacted).

23Power to prohibit sales from vending machines: Northern Ireland

This section has no associated Explanatory Notes

After article 4 of the Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991 (S.I. 1991/2872 (N.I. 25)) (sale of unpackaged cigarettes) insert—

“4ASales from vending machines

(1)The Department may by regulations make provision prohibiting the sale of tobacco from an automatic machine.

(2)The regulations must make provision as to the persons who are liable in the case of any breach of a prohibition.

(3)Where a prohibition contained in the regulations is breached, any person liable in accordance with the regulations is guilty of an offence.

(4)A person guilty of an offence under this Article is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(5)Sections 13, 14 and 15 of the Tobacco Advertising and Promotion Act 2002 (enforcement etc.) apply for the purposes of this Article and regulations made under it as they apply for the purposes of provisions of that Act.

(6)The power to make regulations under this Article includes power to make supplementary, incidental, consequential or transitional provision.

(7)Regulations may not be made under this Article unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.

(8)In this Article “tobacco” has the same meaning as in Part 2 of the Health and Personal Social Services (Northern Ireland) Order 1978.”

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