Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016

4 Sale by persons under 18

After section 4B of the 2010 Act (inserted by section 3) insert—

“4C Sale of tobacco or nicotine vapour products by persons under 18

(1) A responsible person who allows a tobacco product, cigarette papers or a nicotine vapour product to be sold by a person under the age of 18 commits an offence.

(2) For the purposes of subsection (1), “responsible person” means—

(a) where the sale is at premises which are noted in a registered person’s entry in the Register, the registered person for those premises,

(b) where the sale is at premises which are not noted in a registered person’s entry in the Register—

(i) any employer of the person who made the sale, and

(ii) any other person having management or control of those premises.

(3) Subsection (1) does not apply to a sale which—

(a) is made at premises which are noted in a registered person’s entry in the Register, and

(b) is authorised by the registered person for those premises.

(4) Each authorisation mentioned in subsection (3)(b) must be recorded and kept at the premises at which a sale by a person under the age of 18 is made.

(5) The Scottish Ministers may prescribe—

(a) the form and content of authorisations made under subsection (3)(b),

(b) the method of recording authorisations for the purposes of subsection (4).

(6) An authorisation is, for the purposes of subsection (3)(b), deemed not to have been made, if—

(a) it is not recorded and kept in accordance with subsection (4), or

(b) it is not made in accordance with any provision made under subsection (5).

(7) 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.”.