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The Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991

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Enforcement action by district councilsN.I.

6.—(1) It shall be the duty of every district council—

(a)to consider, at least once in every period of 12 months, the extent to which it is appropriate for the council to carry out in its district a programme of enforcement action relating to Part II of the Health and Personal Social Services (Northern Ireland) Order 1978 and [F1, Articles 4 to 5 and sections 1 and 2 of the Health (Miscellaneous Provisions) Act (Northern Ireland) 2016,] and

(b)accordingly to carry out in its district any programme which is for the time being considered by the council to be appropriate under sub-paragraph (a).

[F2(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.]

[F3(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.]

(2) In paragraph (1)(a) the reference to a programme of enforcement action relating to the provisions there mentioned is a reference to a programme involving all or any of the following, namely—

(a)the bringing of prosecutions in respect of offences under those provisions;

(b)the investigation of complaints in respect of alleged offences under those provisions;

(c)the taking of other measures intended to reduce the incidence of offences under those provisions;

(d)the making of complaints under Article 4(1) of the Order of 1978 and, with a view to determining whether such complaints should be made, the monitoring of the use of such machines for the sale of tobacco as are mentioned in that provision.

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