The Proxy Purchasing of Tobacco, Nicotine Products etc. (Fixed Penalty Notice) (Wales) Regulations 2015

Welsh Statutory Instruments

2015 No. 1663 (W. 215)

Public Health, Wales

The Proxy Purchasing of Tobacco, Nicotine Products etc. (Fixed Penalty Notice) (Wales) Regulations 2015

Made

4 September 2015

Laid before the National Assembly for Wales

10 September 2015

Coming into force

1 October 2015

The Welsh Ministers, in exercise of the power conferred upon them by paragraph 4 of Schedule 1 to the Health Act 2006(1), make the following Regulations:

Title, commencement and application

1.—(1) The title of these Regulations is the Proxy Purchasing of Tobacco, Nicotine Products etc. (Fixed Penalty Notice) (Wales) Regulations 2015 and they come into force on 1 October 2015.

(2) These Regulations apply in relation to Wales.

Form of fixed penalty notice

2.—(1) The penalty notice form set out in the Schedule to these Regulations is specified in relation to the offence of buying or attempting to buy tobacco, cigarette papers or a relevant nicotine product on behalf of an individual aged under 18 under section 91 of the Children and Families Act 2014(2).

(2) A local weights and measures authority may use a penalty notice form in a size or design which differs from the form specified in the Schedule, provided that the content of the penalty notice form is not changed from that specified in the Schedule except as permitted by paragraph (3).

(3) A local weights and measures authority may include in a penalty notice form—

(a) information or examples to assist a person to whom it is given, for example on how payments can be made;

(b) information or examples to assist it in the performance of its enforcement functions under section 91 of the Children and Families Act 2014, for example to assist in its administrative procedures or data processing;

(c) coats of arms or logos.

Mark Drakeford

Minister for Health and Social Services, one of the Welsh Ministers

4 September 2015

Regulation 2(1)

SCHEDULE

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, made under Schedule 1 to the Health Act 2006, contain provisions which relate to offences under section 91(1) of the Children and Families Act 2014.

Regulation 2 provides that the Penalty Notice form in the Schedule to these Regulations can be used where an adult is alleged to have committed the offence of purchasing tobacco, cigarette papers or a relevant nicotine product on behalf of a person under the age of 18.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.

(1)

2006 c.28. As to the meaning of “the appropriate national authority” see section 82(1) of the Health Act 2006 (“the 2006 Act”). By virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32) the functions of “the appropriate national authority” in relation to Wales are exercisable by the Welsh Ministers. Schedule 1 to the 2006 Act applies with modifications to an offence under section 91 of the Children and Families Act 2014 (“the 2014 Act”) by virtue of section 91(5) of the 2014 Act. Section 91 of the 2014 Act was extended to include relevant nicotine products by regulation 2 of S.I. 2015/895.

(2)

2014 c.6.