Part 1S[F1Tobacco and nicotine vapour products etc.]

Chapter 1S[F2Display, sale and purchase]

[F3Sale and purchase of tobacco and nicotine vapour products]S

Textual Amendments

F3S. 4 crossheading substituted (6.2.2017 for specified purposes, 1.4.2017 in so far as not already in force) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 2(2), 36(2); S.S.I. 2017/12, reg. 2, sch.

5Purchase of tobacco products by persons under 18S

(1)A person under the age of 18 who buys or attempts to buy a tobacco product or cigarette papers commits an offence.

(2)It is not an offence under subsection (1) for a person under the age of 18 to buy or attempt to buy a tobacco product or cigarette papers if the person is authorised to do so by a council officer or a constable for the purpose of determining whether an offence is being committed under section 4.

(3)A council officer or a constable may authorise a person under the age of 18 to buy or attempt to buy a tobacco product or cigarette papers only if satisfied that all reasonable steps have been or will be taken to avoid any risk to the welfare of the person.

(4)A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 1 on the standard scale.