The Tobacco Retailer (Fixed Penalty) (General) Regulations (Northern Ireland) 2016

Statutory Rules of Northern Ireland

2016 No. 98

Public Health

The Tobacco Retailer (Fixed Penalty) (General) Regulations (Northern Ireland) 2016

Made

2nd 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(7) and 24(3) of the Tobacco Retailers Act (Northern Ireland) 2014(1).

Citation and commencement N.I.

1.—(1) These Regulations may be cited as the Tobacco Retailer (Fixed Penalty) (General) Regulations (Northern Ireland) 2016 and shall come into operation on 1st July 2016.

Commencement Information

I1 Reg. 1 in operation at 1.7.2016, see reg. 1(1)

Form of fixed penalty notice N.I.

2.  A fixed penalty notice shall be in the form set out in the Schedule.

Commencement Information

I2 Reg. 2 in operation at 1.7.2016, see reg. 1(1)

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 2nd March 2016.

Dr Gerard Mulligan

A senior officer of the

Department of Health, Social Services and Public Safety

Regulation 2

F1 F2 SCHEDULE N.I. The Tobacco Retailers Act (Northern Ireland) 2014

Textual Amendments

F1 Sch.: in Form Pt 2 the words “/the Health (Miscellaneous Provisions) Act (Northern Ireland) 2016” inserted after “Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991” (1.1.2022) by The Tobacco Retailer (Fixed Penalty) (General) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/326), regs. 1, 2(2)

F2 Sch.: in Form Pt 3 the words “Acceptable methods of payment are cash, cheque, postal order or money order.” substituted for “Acceptable methods of payment may include cash, cheque, postal order or money order.” (1.1.2022) by The Tobacco Retailer (Fixed Penalty) (General) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/326), regs. 1, 2(3)

Commencement Information

I3 Sch. in operation at 1.7.2016, see reg. 1(1)

FIXED PENALTY NOTICE [NAME OF DISTRICT COUNCIL] [ADDRESS OF DISTRICT COUNCIL] PART 1 RECIPIENT COPY Penalty Notice Number:__________________________________________________________ Full name and address of alleged offender:__________________________________________ _______________________________________________________________________________ _________________________________________Postcode:_____________________________ Date of birth (if known):_____________________________________ I,_________________________________________(name), an authorised officer of the [name of District Council], have reason to believe that you committed the following offence under section/Article ______ of the Tobacco Retailers Act (Northern Ireland) 2014/the Health and Personal Social Services (Northern Ireland) Order 1978/the Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991 [F3 /the Health (Miscellaneous Provisions) Act (Northern Ireland) 2016] . (Delete those statutes which do not apply.) Alleged offence: The circumstances alleged to constitute the offence are that at__________________(time) on __________________(date) you, at/on the following premises (where alleged offence took place, including address, if any)_____________________________________________________ _______________________________________________________________________________ allegedly (details of offence):_______________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ This fixed penalty notice, “notice”, offers you the opportunity of discharging any liability for conviction for that offence by the payment of a fixed penalty, “penalty”, of______________ (insert the amount of fixed penalty in figures and words). No proceedings will be taken for this offence before the expiration of 28 days beginning______________________ (insert the date on which this notice is given). You will not be liable to conviction for the offence if you pay the penalty within that period. In this notice this period is referred to as the 28 day period. You can pay a discounted amount of __________________ (insert the amount of the fixed penalty discounted by 25% in figures and words) if you pay within the period of 14 days beginning with ___________________. (Insert date on which this notice is given). If the 14th is not a working day, you may pay on the next working day. “Working day” means any day which is not Saturday, Sunday, Christmas Day, Good Friday or a day which is a bank holiday. In this Form this period is referred to as the 14 day period.

Information for the immediate attention of the person who has been issued with this notice is at Part 2. Details of how to pay this fixed penalty are at Part 3. _______________________________________________________________________________ Signature                                                Date

Textual Amendments

F3 Sch.: words in Form Pt 1 inserted (1.1.2022) by The Tobacco Retailer (Fixed Penalty) (General) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/326), regs. 1, 2(2)

If you have any questions or any representations about this notice, please contact [name of District Council and contact details].

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations provide the form of fixed penalty notice which may be issued in respect of particular offences as listed under section 12(1) of the Tobacco Retailers Act (Northern Ireland) 2014.

(1)

2014 c.4 (N.I.)