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Health (Miscellaneous Provisions) Act (Northern Ireland) 2016

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Health (Miscellaneous Provisions) Act (Northern Ireland) 2016, SCHEDULE 1 is up to date with all changes known to be in force on or before 09 February 2023. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Section 3(1).

SCHEDULE 1N.I.AMENDMENTS CONSEQUENTIAL ON SECTIONS 1 AND 2

This schedule has no associated Explanatory Notes

The Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991 (NI 25)N.I.

1  In Article 6 of the Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991 (enforcement action by district councils)—N.I.

(a)in paragraph (1)(a), for “and Articles 4 and 5” substitute “ , Articles 4 to 5 and sections 1 and 2 of the Health (Miscellaneous Provisions) Act (Northern Ireland) 2016, ”;

(b)after paragraph (1) insert—

(1A) Paragraph (1) applies in relation to section1 of the Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 only if regulations under subsection (1) of that section are for the time being in operation.;

(c)after paragraph (1A) insert—

(1B) Paragraph (1) applies in relation to section2 of the Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 only if regulations under subsection (1) of that section are for the time being in operation..

Commencement Information

I1Sch. 1 para. 1 in operation at 1.2.2022 by S.R. 2021/329, art. 2(c)

The Tobacco Retailers Act (Northern Ireland) 2014 (c. 4)N.I.

2  The Tobacco Retailers Act (Northern Ireland) 2014 is amended as follows.N.I.

Commencement Information

I2Sch. 1 para. 2 in operation at 1.2.2022 by S.R. 2021/329, art. 2(c)

3  In the italic heading before section 5, after “tobacco” insert “ or nicotine ”.N.I.

Commencement Information

I3Sch. 1 para. 3 in operation at 1.2.2022 by S.R. 2021/329, art. 2(c)

4  In section 5 (restricted premises orders)—N.I.

(a)in subsection (1)(a) and (b), after “tobacco” insert “ or nicotine ”;

(b)in subsection (4), for “or cigarette papers” substitute “ , cigarette papers or nicotine products ”;

(c)in subsection (5), for “or cigarette papers” substitute “ , cigarette papers or nicotine products ”;

(d)in subsection (8)(b)(i) and (ii), after “tobacco” insert “ or nicotine ”;

(e)in subsection (13)(a), after “tobacco” insert “ or nicotine ”;

(f)in subsection (14)—

(i)for “tobacco offence” substitute “ tobacco or nicotine offence ”;

(ii)at the end of paragraph (e), omit the word “or”;

(iii)at the end of paragraph (f), add—

(g)an offence committed under section 1 of the Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 on any premises (which are accordingly “the premises in relation to which the offence is committed”;

(iv)at the end of paragraph (g), add—

or

(h)an offence committed under section 2 of the Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 in respect of any machine kept on any premises (which are accordingly “the premises in relation to which the offence is committed”.

Commencement Information

I4Sch. 1 para. 4 in operation at 1.2.2022 by S.R. 2021/329, art. 2(c)

5  In section 6 (restricted sale orders)—N.I.

(a)in subsection (1)(a) and (b), after “tobacco” insert “ or nicotine ”;

(b)in subsection (4)—

(i)in paragraph (a), for “or cigarette papers” substitute “ , cigarette papers or nicotine products ”;

(ii)in paragraph (b), for “or cigarette papers” substitute “ , cigarette papers or nicotine products ”;

(iii)in each of paragraphs (c) and (d), omit “cigarette” in each place;

(iv)in each of those paragraphs, after “tobacco” insert “ or nicotine products ”;

(c)in subsection (6)(a) and (b), after “tobacco” insert “ or nicotine ”;

(d)in subsection (7), after “tobacco” insert “ or nicotine ”;

(e)for subsection (8) substitute—

(8) In this section any reference to a machine is a reference to an automatic machine for the sale of tobacco or nicotine products..

Commencement Information

I5Sch. 1 para. 5 in operation at 1.2.2022 by S.R. 2021/329, art. 2(c)

6  In section 8(4) (restricted premises orders: display of notices), for “or cigarette papers” substitute “ , cigarette papers or nicotine products ”.N.I.

Commencement Information

I6Sch. 1 para. 6 in operation at 1.2.2022 by S.R. 2021/329, art. 2(c)

7  In section 9 (restricted premises orders: no tobacco in retail area)—N.I.

(a)in the heading, after “tobacco” insert “ or nicotine products ”;

(b)in subsection (2), for “or cigarette papers” substitute “ , cigarette papers or nicotine products as the case may be ”;

(c)in subsection (3), for “and cigarette papers” substitute “ , cigarette papers and nicotine products ”.

Commencement Information

I7Sch. 1 para. 7 in operation at 1.2.2022 by S.R. 2021/329, art. 2(c)

8  In section 10(4)(a) (offences), for “or cigarette papers” substitute “ , cigarette papers or nicotine products ”.N.I.

Commencement Information

I8Sch. 1 para. 8 in operation at 1.2.2022 by S.R. 2021/329, art. 2(c)

9  In section 11(1)(a) (powers of entry)—N.I.

(a)after sub-paragraph (iii) add—

(iv)an offence under section 1 of the Health (Miscellaneous Provisions) Act (Northern Ireland) 2016;;

(b)after sub-paragraph (iv) add—

(v)an offence under section 2 of the Health (Miscellaneous Provisions) Act (Northern Ireland) 2016..

Commencement Information

I9Sch. 1 para. 9 in operation at 1.2.2022 by S.R. 2021/329, art. 2(c)

10  In section 12(1) (fixed penalties for certain offences)—N.I.

(a)after paragraph (c) add—

(d)an offence under section 1 of the Health (Miscellaneous Provisions) Act (Northern Ireland) 2016;;

(b)after paragraph (d) add—

(e)an offence under section 2 of the Health (Miscellaneous Provisions) Act (Northern Ireland) 2016..

Commencement Information

I10Sch. 1 para. 10 in operation at 1.2.2022 by S.R. 2021/329, art. 2(c)

11  In section 16 (council's duty to share information about enforcement), in subsections (1)(a) and (b) and (3), after “tobacco” insert “ or nicotine ”;N.I.

Commencement Information

I11Sch. 1 para. 11 in operation at 1.2.2022 by S.R. 2021/329, art. 2(c)

12  In section 22(1) (interpretation), insert at the appropriate place—N.I.

nicotine product” means a nicotine product within the meaning of section 7 of the Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 the sale of which to persons aged under 18 is for the time being prohibited by regulations under section 1(1) of that Act;.

Commencement Information

I12Sch. 1 para. 12 in operation at 1.2.2022 by S.R. 2021/329, art. 2(c)

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