(1)A person commits an offence if he sells an aerosol paint container to a person under the age of sixteen.
(2)In subsection (1) “aerosol paint container” means a device which—
(a)contains paint stored under pressure, and
(b)is designed to permit the release of the paint as a spray.
(3)A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(4)It is a defence for a person charged with an offence under this section in respect of a sale to prove that—
(a)he took all reasonable steps to determine the purchaser’s age, and
(b)he reasonably believed that the purchaser was not under the age of sixteen.
(5)It is a defence for a person charged with an offence under this section in respect of a sale effected by another person to prove that he (the defendant) took all reasonable steps to avoid the commission of an offence under this section.
Commencement Information
I1S. 54 in force at 31.3.2004 by S.I. 2004/690, art. 2(a)(ii)
(1)It is the duty of every local weights and measures authority—
(a)to consider, at least once in every period of twelve months, the extent to which it is appropriate for the authority to carry out in their area a programme of enforcement action in relation to section 54; and
(b)to the extent that they consider it appropriate to do so, carry out such a programme.
(2)For the purposes of subsection (1), a programme of enforcement action in relation to section 54 is a programme involving all or any of the following—
(a)the bringing of prosecutions in respect of offences under that section;
(b)the investigation of complaints in respect of alleged offences under that section;
(c)the taking of other measures intended to reduce the incidence of offences under that section.]
Textual Amendments
F1S. 54A inserted (1.7.2005) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 32, 108(3); S.I. 2005/1675, art. 2