http://www.legislation.gov.uk/nisr/2016/180The Tobacco Retailer (Fixed Penalty) (Amount) Regulations (Northern Ireland) 2016enPUBLIC HEALTHStatute Law Database2022-08-05Expert Participation2022-02-01 These Regulations prescribe the amount of fixed penalties for certain tobacco-related offences under the Health and Personal Social Services (Northern Ireland) Order 1978, the Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991 and the Tobacco Retailers Act (Northern Ireland) 2014. The Tobacco Retailer (Fixed Penalty) (Amount) Regulations (Northern Ireland) 2016 2016 No. 180 Public Health The Tobacco Retailer (Fixed Penalty) (Amount) Regulations (Northern Ireland) 2016 Laid before the Assembly in draft Made 16th March 2016 Coming into operation 1st July 2016 The Department of Health, Social Services and Public Safety makes the following Regulations, in exercise of the powers conferred by sections 12(8) and 24(3) of the Tobacco Retailers Act (Northern Ireland) 2014 . Citation, commencement and interpretation 1 1 These Regulations may be cited as the Tobacco Retailer (Fixed Penalty) (Amount) Regulations (Northern Ireland) 2016 and shall come into operation on 1st July 2016. 2 In these regulations – “the Act” means the Tobacco Retailers Act (Northern Ireland) 2014 “the 1978 Order” means the Health and Personal Social Services (Northern Ireland) Order 1978 . “the 1991 Order” means the Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991. Amount of fixed penalty 2 The fixed penalty in respect of an alleged offence shown in column (1) of the Schedule shall be the amount shown opposite in column (2). Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 16th March 2016 Dr Anne Kilgallen A senior officer of the Department of Health, Social Services and Public Safety SCHEDULERegulation 2

Amount of Fixed Penalty(1) Offence(2) Fixed Penalty1An unregistered person carrying on a tobacco business (section 10(1) of the Act).£500.002A registered person carrying on a tobacco business at premises other than those noted in the person’s entry in the Register (section 10(2) of the Act).£500.003A person who fails, without reasonable excuse, to comply with section 3 (duty to notify certain changes) (section 10(3) of the Act).£50.004A person who fails, without reasonable excuse, to comply with section 8(2) (in relation to the display of a notice if subject to a restricted premises order) (section 10(7) of the Act).£100.005A person who fails, without reasonable excuse, to comply with section 9(2) (in relation to removal of tobacco, cigarette papers or nicotine products from the retail area where a restricted premises order has effect) (section 10(8) of the Act).£500.006A person who sells to a person under the age of 18 any tobacco or cigarette papers, whether for his own use or not (Article 3 of the 1978 Order).£250.007A person who sells to a person under the age of 18 any nicotine inhaling products, whether for his own use or not (section 1 of the Health (Miscellaneous Provisions) Act (Northern Ireland) 2016.£250.008Failure to comply with a court order made in relation to the control of an automatic machine for the sale of tobacco (Article 4 of the 1978 Order).£250.009A person aged 18 or over who knowingly buys or attempts to buy tobacco, cigarette papers or a relevant nicotine product on behalf of a person under the age of 18 (Article 4A of the 1978 Order).£250.0010A person carrying on a retail business who sells cigarettes to any person other than pre-packed cigarettes in their original package (Article 4 of the 1991 Order).£250.0011Failure to comply with the prohibition of the sale of tobacco from an automatic machine (Article 4A of the 1991 Order).£250.0012Failure to display a notice stating “It is illegal to sell tobacco products to anyone under the age of 18” in retail premises where tobacco is sold (Article 5 of the 1991 Order).£100.00

 EXPLANATORY NOTE (This note is not part of the Regulations)

These Regulations prescribe the amount of fixed penalties for certain tobacco-related offences under the Health and Personal Social Services (Northern Ireland) Order 1978, the Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991 and the Tobacco Retailers Act (Northern Ireland) 2014.

 2014 c.4 (N.I.) S.I 1978/1907 (N.I. 26) S.I 1991/1872 (N.I. 25) Article 3 was amended by the Children and Young Persons (Sale of Tobacco etc.) Regulations (Northern Ireland) 2008 and section 18(2) of the Tobacco Retailers Act (Northern Ireland) 2014. Article 4A was inserted by section 18(3) of the Tobacco Retailers Act (Northern Ireland) 2014. Article 4A was inserted by section 23 of the Health Act 2009. Article 5 was amended by the Children and Young Persons (Sale of Tobacco etc.) Regulations (Northern Ireland) 2008. Reg. 1 in operation at 1.7.2016, see reg. 1(1)Reg. 2 in operation at 1.7.2016, see reg. 1(1)Sch. substituted (1.2.2022) by The Tobacco Retailer (Fixed Penalty) (Amount) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/331), regs. 1, 2