OpenLegislation

Section 91 Purchase of tobacco ... etc. on behalf of persons under 18F4I1I2

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A person aged 18 or over who buys or attempts to buy tobacco F1or cigarette papers on behalf of an individual aged under 18 commits an offence.

(2)

Where a person is charged with an offence under this section it is a defence—

(a)

that the person had no reason to suspect that the individual concerned was aged under 18, or

(b)

in a case where the person has bought or attempted to buy cigarette papers, that the person had no reason to suspect that the individual concerned intended to use the papers for smoking.

(3)

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(4)

A local weights and measures authority in England and Wales must enforce the provisions of this section in its area.

F2(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

Section 11 of, and Schedule 2 to, the Health Act 2006 (offence of obstruction of enforcement officers and powers of entry etc) apply for the purposes of this section as they apply for the purposes of Chapter 1 of Part 1 of that Act but with the following modifications—

(a)

references to an enforcement authority are to be read as references to a local weights and measures authority;

(b)

references to an authorised officer of an enforcement authority are to be read as references to any person (whether or not an officer of the authority) authorised by a local weights and measures authority in writing, either generally or specially, to act in matters arising under this section;

(c)

references to Chapter 1 of Part 1 of the Act of 2006 are to be read as references to this section;

(d)

section 11(5) is to be ignored;

(e)

paragraph 10 of Schedule 2 is to be ignored.

(7)

“Tobacco” has the same meaning in this section as in section 7 of the Children and Young Persons Act 1933 (offence of selling tobacco to children).

F3(8)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1

Words in s. 91(1) substituted (29.10.2026) by Tobacco and Vapes Act 2026 (c. 18), s. 175(1), Sch. 6 para. 20(3) (with s. 166)

F2

S. 91(5) omitted (29.10.2026) by virtue of Tobacco and Vapes Act 2026 (c. 18), s. 175(1), Sch. 6 para. 20(4) (with s. 166)

F3

S. 91(8) omitted (29.10.2026) by virtue of Tobacco and Vapes Act 2026 (c. 18), s. 175(1), Sch. 6 para. 20(5) (with s. 166)

F4

Words in s. 91 heading omitted (29.10.2026) by virtue of Tobacco and Vapes Act 2026 (c. 18), s. 175(1), Sch. 6 para. 20(2) (with s. 166)

Commencement

I1

S. 91 in force at 1.10.2014 for specified purposes by S.I. 2014/2609, art. 2

I2

S. 91 in force at 1.10.2015 in so far as not already in force by S.I. 2015/375, art. 3