Textual Amendments
F1Ss. 12A-12D and preceding cross-heading inserted (1.4.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 143(2), 153; S.I. 2009/860, art. 2(c)
F2Words in s. 12A cross-heading inserted (1.10.2014 for specified purposes, 1.10.2015 in so far as not already in force) by Children and Families Act 2014 (c. 6), ss. 93(2), 139(6); S.I. 2014/2609, art. 2; S.I. 2015/375, art. 3
(1)In sections 12A and 12B a [F3 “tobacco or nicotine offence” ] means—
(a)an offence committed under section 7(1) on any premises (which are accordingly “the premises in relation to which the offence is committed”), F4. . .
(b)an offence committed under section 7(2) in respect of an order relating to any machine kept on any premises (which are accordingly “the premises in relation to which the offence is committed”)[F5, F6...
(c)an offence committed under section 3A of the Children and Young Persons (Protection from Tobacco) Act 1991 in respect of any machine kept on any premises (which are accordingly “the premises in relation to which the offence is committed”).][F7, or
(d)an offence committed under section 92 of the Children and Families Act 2014 on any premises (which are accordingly “the premises in relation to which the offence is committed”).]
(2)In sections 12A to 12C the expressions “tobacco” and “cigarette” have the same meaning as in section 7.
[F8(2A)In sections 12A to 12C “nicotine product” means a nicotine product within the meaning of section 92 of the Children and Families Act 2014 the sale of which to persons aged under 18 is for the time being prohibited by regulations under subsection (1) of that section.]
(3)In sections 12A and 12B “notice” means notice in writing.]
Textual Amendments
F3Words in s. 12D(1) substituted (1.10.2014 for specified purposes, 1.10.2015 in so far as not already in force) by Children and Families Act 2014 (c. 6), ss. 93(6)(a), 139(6); S.I. 2014/2609, art. 2; S.I. 2015/375, art. 3
F4Word in s. 12D(1)(a) repealed (12.11.2009 for specified purposes, 1.10.2011 in so far as not already in force for E., 1.2.2012 in so far as not already in force for W.) by Health Act 2009 (c. 21), ss. 22(2)(a), 40(1)(6)(b), Sch. 6; S.I. 2010/1068, art. 2(1)(a)(b) (as amended (9.5.2011) by S.I. 2011/1255, art. 2(a)(b)); S.I. 2011/2362, art. 2
F5S. 12D(1)(c) and word inserted (12.11.2009 for specified purposes, 1.10.2011 in so far as not already in force for E., 1.2.2012 in so far as not already in force for W.) by Health Act 2009 (c. 21), ss. 22(2)(b), 40(1)(6)(b); S.I. 2010/1068, art. 2(1)(a) (as amended (9.5.2011) by S.I. 2011/1255, art. 2(a)(b)); S.I. 2011/2362, art. 2
F6Word in s. 12D(1)(b) omitted (1.10.2014 for specified purposes, 1.10.2015 in so far as not already in force) by virtue of Children and Families Act 2014 (c. 6), ss. 93(6)(b), 139(6); S.I. 2014/2609, art. 2; S.I. 2015/375, art. 3
F7S. 12D(1)(d) and preceding word inserted (1.10.2014 for specified purposes, 1.10.2015 in so far as not already in force) by Children and Families Act 2014 (c. 6), ss. 93(6)(b), 139(6); S.I. 2014/2609, art. 2; S.I. 2015/375, art. 3
F8S. 12D(2A) inserted (1.10.2014 for specified purposes, 1.10.2015 in so far as not already in force) by Children and Families Act 2014 (c. 6), ss. 93(6)(c), 139(6); S.I. 2014/2609, art. 2; S.I. 2015/375, art. 3