The Welsh Ministers (Transfer of Functions) Order 2018

Health Act 2006

42.—(1) The Health Act 2006(1) is amended in accordance with paragraphs (2) and (3).

(2) In section 13 (power to amend age for sale of tobacco etc)—

(a) for subsection (1) substitute—

“(1) The Secretary of State may from time to time by order amend the enactments mentioned in subsection (1B) to—

(a) substitute, in each place where a person’s age is specified, a different age specified in the order; and

(b) provide that the substitutions apply in relation to England only.

(1A) The Welsh Ministers may from time to time by order amend the enactments mentioned in subsection (1B) to—

(a) substitute, in each place where a person’s age is specified, a different age specified in the order, and

(b) provide that the substitutions apply in relation to Wales only.

(1B) The enactments are—

(a) section 7 of the Children and Young Persons Act 1933(2) (sale of tobacco etc to persons under 16),

(b) section 4 of the Children and Young Persons (Protection from Tobacco) Act 1991(3) (warning statements in retail premises and on vending machines).”.

(b) in subsection (2), after (1) insert “or (1A)”.

(3) In section 79(4A) (orders and regulations)(4) for “regulations under section 9(1A) or paragraph 17 of Schedule 1” substitute—

“(a) regulations under section 9(1A),

(b) an order under section 13, or

(c) regulations under paragraph 17 of Schedule 1,”.

(1)

2006 c. 28.

(2)

1933 c. 12.

(3)

1991 c. 23.

(4)

Subsection (4A) was inserted by section 95(1) and (5)(c) of the Children and Families Act 2014 (c. 6).