OpenLegislation

Health and Personal Social Services (Northern Ireland) Order 1978

1978/1907 · Made 20 December 1978 · Extends to Northern Ireland

Not fully up to date. 3 changes made by later legislation have not yet been written into this text, which is revised to 29 October 2026.

See the changes not yet applied
ProvisionChangeMade by
art. 4AsubstitutedTobacco and Vapes Act 2026 s. 73
art. 5omittedTobacco and Vapes Act 2026 Sch. 15 para. 1
art. 6omittedTobacco and Vapes Act 2026 Sch. 15 para. 1

[20th December 1978]

Contents

  1. Part I: INTRODUCTORY
  2. 1Title and commencement
  3. 2Interpretation
  4. Part II: SALE OF TOBACCO, ETC. ...
  5. Tobacco products etc
  6. 3Prohibition on sale of tobacco, etc. to persons apparently under 18Sale of tobacco etc
  7. 4Control of automatic machines for sale of tobacco Repealed
  8. 4APurchase of tobacco etc on behalf of persons under 18
  9. 4BTobacco vending machines
  10. 4CSale of unpackaged cigarettes
  11. 4DAge of sale notice at point of sale
  12. Snus etc
  13. 4EBan on manufacture of snus etc
  14. 4FBan on sales of snus etc
  15. 4GPossession of snus etc with intent to supply
  16. Vaping and nicotine products
  17. 4HSale of vaping or nicotine products to under 18s
  18. 4IPurchase of vaping or nicotine products on behalf of under 18s
  19. 4JVaping and nicotine product vending machines
  20. Displays of products or prices
  21. 4KDisplays of products or prices
  22. Free distribution and discounts
  23. 4LFree distribution and discounts of products
  24. 5Seizure of tobacco, etc. in possession of persons apparently under 18
  25. 6Exemption for persons employed in trade
  26. Enforcement
  27. 6AProgramme of enforcement action by district councils
  28. Power to extend this Part
  29. 6BPower to extend this Part to other products
  30. Interpretation
  31. 7Interpretation of Part 2
  32. 7AMeaning of nicotine product
  33. Part III: VOCATIONAL TRAINING FOR MEDICAL PRACTITIONERS
  34. 8Requirement of suitable experience
  35. IVAMENDMENTS TO THE PRINCIPAL ORDER
  36. VMISCELLANEOUS
  37. Schedule Schedule
  38. Schedule Schedule

1Title and commencement

This Order may be cited as the Health and Personal Social Services (Northern Ireland) Order 1978… Commencement …

2Interpretation

(1)

The Interpretation Act (Northern Ireland) 1954 1954 c.33 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2)

In this Order—

  • “the Department” means the Department of Health and Social Services;

  • “the principal Order” means the Health and Personal Social Services (Northern Ireland) Order 1972 1972 NI 14.

3Prohibition on sale of tobacco, etc. to persons apparently under 18Sale of tobacco etcF1F6

C1(1)

Subject to paragraph (2), a person who sells to a personF2. . . under the age of F318 any tobacco F4product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.

(1A)

It shall be a defence for a person charged with and offence under paragraph (1) to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

Para.(2) rep. with saving by 1986 NI 24

(3)

A person guilty of an offence under paragraph (1) shall be liable on summary conviction to a fine not exceeding F5level 5 on the standard scale.

(1)

It is an offence to sell any of the following to a person born on or after 1 January 2009—

(a)

a tobacco product;

(b)

a herbal smoking product;

(c)

cigarette papers.

(2)

It is a defence for a person charged with an offence under this Article to prove—

(a)

that they took such steps as may be specified in regulations made by the Department to verify that the customer was born before 1 January 2009, or

(b)

that they otherwise took all reasonable steps to avoid the commission of the offence.

(3)

Regulations may not be made by the Department under paragraph (2)(a) unless a draft of the regulations has been laid before and approved by a resolution of the Assembly.

(4)

A person guilty of an offence under this Article is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

4Control of automatic machines for sale of tobaccoF1

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

4APurchase of tobacco etc on behalf of persons under 18F1F3C1C2

(1)

A person aged 18 or over who knowingly buys or attempts to buy F2tobacco products, herbal smoking products or cigarette papers on behalf of a person under the age of 18 shall be guilty of an offence.

(2)

A person guilty of an offence under paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

4BTobacco vending machinesF1

(1)

A person commits an offence if the person has the management or control of premises on which a tobacco vending machine is available for use.

(2)

A person guilty of an offence under this Article is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(3)

In this Article “tobacco vending machine” means a machine from which any of the following products may be bought or from which they are dispensed to a customer in connection with a sale—

(a)

tobacco products,

(b)

herbal smoking products, or

(c)

cigarette papers.

4CSale of unpackaged cigarettesF1

(1)

It is an offence for a tobacco retailer to sell cigarettes that are not in their original packaging.

(2)

A person guilty of an offence under this Article is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3)

In this Article “original packaging” means the retail packaging in which the cigarettes were supplied to the tobacco retailer for the purpose of sale.

4DAge of sale notice at point of saleF1

(1)

A tobacco retailer must display an age of sale notice at any premises at which they sell tobacco products.

(2)

For the purposes of this Article an “age of sale notice” is a notice containing the following statement—

It is illegal to sell tobacco products to anyone born on or after 1 January 2009

(3)

The notice must be displayed in a prominent position where it is readily visible to people at each point of sale of tobacco products.

(4)

The notice must comply with any requirements set out in regulations made by the Department as to the size or appearance of—

(a)

the statement on the notice, or

(b)

any other aspect of the notice.

(5)

Regulations under paragraph (4) are subject to negative resolution.

(6)

A person who fails to display an age of sale notice as required by this Article commits an offence.

(7)

It is a defence for a person charged with an offence under this Article to prove that they took all reasonable steps to avoid the commission of the offence.

(8)

A person guilty of an offence under this Article is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

4EBan on manufacture of snus etcF1

(1)

It is an offence to manufacture a relevant oral tobacco product.

(2)

In paragraph (1) “relevant oral tobacco product” means a tobacco product that—

(a)

is intended for oral use,

(b)

is not intended to be inhaled or chewed, and

(c)

consists wholly or partly of tobacco in powder or particulate form.

(3)

A person guilty of an offence under this Article is liable—

(a)

on summary conviction, to imprisonment for a term not exceeding 6 months, or a fine not exceeding the statutory maximum, or both;

(b)

on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.

4FBan on sales of snus etcF1

(1)

It is an offence to—

(a)

sell a relevant oral tobacco product, or

(b)

offer or expose a relevant oral tobacco product for sale.

(2)

In paragraph (1) “relevant oral tobacco product” has the meaning given by Article 4E(2).

(3)

It is a defence for a person charged with an offence under this Article to prove that they took all reasonable steps to avoid the commission of the offence.

(4)

A person guilty of an offence under this Article is liable—

(a)

on summary conviction, to imprisonment for a term not exceeding 6 months, or a fine not exceeding the statutory maximum, or both;

(b)

on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.

4GPossession of snus etc with intent to supplyF1

(1)

It is an offence for a person to have a relevant oral tobacco product in their possession with intent to supply it to another in the course of business.

(2)

In paragraph (1) “relevant oral tobacco product” has the meaning given by Article 4E(2).

(3)

A person guilty of an offence under this Article is liable—

(a)

on summary conviction, to imprisonment for a term not exceeding 6 months, or a fine not exceeding the statutory maximum, or both;

(b)

on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.

4HSale of vaping or nicotine products to under 18sF1

(1)

It is an offence to sell a vaping product or nicotine product to a person who is under the age of 18.

(2)

It is a defence for a person charged with an offence under this Article to prove—

(a)

that they took such steps as may be specified in regulations made by the Department to verify that the customer was at least 18 years old, or

(b)

that they otherwise took all reasonable steps to avoid the commission of the offence.

(3)

Regulations may not be made by the Department under paragraph (2)(a) unless a draft of the regulations has been laid before and approved by a resolution of the Assembly.

(4)

A person guilty of an offence under this Article is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

4IPurchase of vaping or nicotine products on behalf of under 18sF1

(1)

It is an offence for a person aged 18 or over to buy, or attempt to buy, a vaping product or nicotine product on behalf of a person who is under the age of 18.

(2)

It is a defence for a person charged with an offence under this Article to prove that they had no reason to suspect that the other person was under the age of 18.

(3)

A person guilty of an offence under this Article is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

4JVaping and nicotine product vending machinesF1

(1)

A person commits an offence if the person has the management or control of premises on which a vape vending machine or a nicotine product vending machine is available for use.

(2)

A person guilty of an offence under this Article is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(3)

In this Article—

  • “nicotine product vending machine” means a machine—

    1. (a)

      from which nicotine products may be bought, or

    2. (b)

      from which they are dispensed to a customer in connection with a sale;

  • “vape vending machine” means a machine—

    1. (a)

      from which vaping products may be bought, or

    2. (b)

      from which they are dispensed to a customer in connection with a sale.

4KDisplays of products or pricesF1

(1)

The Department may by regulations impose prohibitions, requirements or limitations on retailers in relation to—

(a)

the display, in the course of business, of relevant products in a place where those products are offered for sale;

(b)

the display, in the course of business, of empty retail packaging of relevant products in a place where those products are offered for sale;

(c)

the display, in the course of business, of prices of relevant products in a place where those products are offered for sale.

(2)

In paragraph (1) “relevant product” means—

(a)

tobacco products,

(b)

tobacco related devices,

(c)

herbal smoking products,

(d)

cigarette papers,

(e)

vaping products, or

(f)

nicotine products.

(3)

In paragraph (1)(a) a reference to a product includes anything that represents the product and that is intended to be exchanged for it at the point of sale.

(4)

Regulations under paragraph (1) may create offences in relation to a failure to comply with the regulations.

(5)

The regulations must provide for any offence to be triable on indictment or summarily and punishable—

(a)

on summary conviction, by imprisonment for a term not exceeding 6 months, or a fine not exceeding the statutory maximum, or both;

(b)

on conviction on indictment, by imprisonment for a term not exceeding 2 years, or a fine, or both.

(6)

Before making regulations under this Article the Department must consult any persons it considers it appropriate to consult.

(7)

Regulations may not be made by the Department under this Article unless a draft of the regulations has been laid before and approved by a resolution of the Assembly.

4LFree distribution and discounts of productsF1

(1)

A person commits an offence if—

(a)

the person—

(i)

gives away a product or coupon to a member of the public or sells a product or coupon at a substantial discount, or

(ii)

causes or permits that to happen, and

(b)

either—

(i)

their purpose in doing so is to promote a relevant product, or

(ii)

the effect of their doing so will be to promote a relevant product and they know, or have reason to suspect, that will be the effect.

(2)

In paragraph (1) “relevant product” means—

(a)

a tobacco product,

(b)

a herbal smoking product,

(c)

cigarette papers,

(d)

a vaping product, or

(e)

a nicotine product.

(3)

Where a person is charged with an offence under this Article of giving away a vaping product or nicotine product, or a coupon for such a product, it is a defence for the person to prove that the product or coupon was given away in accordance with arrangements made by a public authority.

(4)

A person guilty of an offence under this Article is liable—

(a)

on summary conviction, to imprisonment for a term not exceeding 6 months, or a fine not exceeding the statutory maximum, or both;

(b)

on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.

(5)

In this Article “coupon” means anything (whether in physical or electronic form) which, by itself or together with something else, can be redeemed for a product or service or for cash or any other benefit.

5Seizure of tobacco, etc. in possession of persons apparently under 18F4

C1C2(1)

A member of the Royal Ulster Constabulary or Royal Ulster Constabulary Reserve may seize any tobacco F1products, herbal smoking products or cigarette papers in the possession of any person apparently under the age of F218 whom he finds smoking in any street or public place.

C3(2)

Any tobacco F3products, herbal smoking products or cigarette papers seized under paragraph (1) shall be disposed of in such a manner as the Police Authority for Northern Ireland may direct.

6Exemption for persons employed in trade

Nothing in F1Article 3 or 5 shall—

(a)

make it an offence to sell tobacco F2products, herbal smoking products or cigarette papers to, or

(b)

authorise the seizure of tobacco F3products, herbal smoking products or cigarette papers in the possession of,

any person who is at the time employed by a manufacturer of, or dealer in, tobacco F4products or herbal smoking products, either wholesale or retail, for the purposes of his business.

6AProgramme of enforcement action by district councilsF1

(1)

Each district council must, at least once a year, consider—

(a)

whether it is appropriate to carry out a programme of enforcement action in its area, and

(b)

if so, what that programme should involve.

C1(2)

In paragraph (1) “programme of enforcement action” means a programme involving one or more of the following—

(a)

the investigation of complaints in respect of an alleged offence under—

(i)

this Part or regulations under Article 4K, or

(ii)

the Tobacco Retailers Act (Northern Ireland) 2014;

(b)

the bringing of prosecutions in respect of such an offence;

(c)

the taking of other measures intended to reduce the incidence of such offences.

6BPower to extend this Part to other productsF1

(1)

The Department may by regulations amend this Part for the purpose of extending any provision that applies in relation to a tobacco product to—

(a)

a filter that does not form part of a tobacco product or herbal smoking product;

(b)

a tobacco related device.

(2)

The Department may by regulations amend this Part for the purpose of extending to filters any provision made by Articles 4E to 4G in relation to a relevant oral tobacco product.

(3)

Before making regulations under this Article the Department must consult any persons it considers it appropriate to consult.

(4)

Regulations may not be made by the Department under this Article unless a draft of the regulations has been laid before and approved by a resolution of the Assembly.

7Interpretation of Part 2F1

In this Part—

  • “cigarette papers” includes anything intended to be used for encasing tobacco products or herbal smoking products for the purpose of enabling them to be smoked;

  • “filter” means a filter that is intended to be used when smoking a tobacco product or herbal smoking product (including a filter that forms part of, or that is intended to be inserted into, an item such as a cigarette holder or pipe);

  • “herbal smoking product” means a product consisting wholly or partly of vegetable matter and intended to be smoked but not containing tobacco;

  • “medical device” has the meaning given by the Medical Devices Regulations 2002 (S.I. 2002/618);

  • “medicinal product” has the meaning given by the Human Medicines Regulations 2012 (S.I. 2012/1916);

  • “nicotine product” has the meaning given by Article 7A;

  • “premises” means any place (including a vehicle or moveable structure);

  • “retail packaging”, in relation to a thing, means the packaging in which it is, or is intended to be, presented for sale by retail;

  • “sell” means sell by retail;

  • “tobacco product” means a product consisting wholly or partly of tobacco and intended to be smoked, sniffed, sucked, chewed or consumed in any other way;

  • “tobacco related device” means—

    1. (a)

      a device, other than a vape, which enables a tobacco product to be consumed (for example, a heated tobacco device or pipe), or

    2. (b)

      an item which is intended to form part of such a device;

  • “tobacco retailer” means a person who carries on a business involving the sale of tobacco products by retail;

  • “vape” means—

    1. (a)

      a device which—

      1. (i)

        vaporises substances, other than tobacco, for the purpose of inhalation through a mouthpiece (whether or not it also vaporises tobacco), and

      2. (ii)

        is not a medical device or a medicinal product, or

    2. (b)

      an item which is intended to form part of a device within paragraph (a) (including anything intended to be attached to it with a view to imparting flavour);

  • “vaping product” means—

    1. (a)

      a vape, or

    2. (b)

      a vaping substance;

  • “vaping substance” means a substance, other than tobacco, that is intended to be vaporised by a vape;

  • “vaporises” includes aerosolises;

  • “vehicle” means every type of vehicle, including a vessel, aircraft and hovercraft.

7AMeaning of nicotine productF1

(1)

In this Part “nicotine product” means—

(a)

a device which is intended to enable nicotine to be delivered into the human body,

(b)

an item which is intended to form part of a device within sub-paragraph (a),

(c)

nicotine, or any substance containing nicotine, which is intended to be delivered into the human body, or

(d)

an item containing anything within sub-paragraph (c).

(2)

But the following are not “nicotine products” for the purposes of this Article—

(a)

a tobacco product;

(b)

a herbal smoking product;

(c)

cigarette papers;

(d)

any device which is intended to be used for the consumption of tobacco products;

(e)

a vaping product;

(f)

a medical device;

(g)

a medicinal product.

8Requirement of suitable experience

(1)

Where the Department so prescribes, a Health and Social Services Board shall not arrange under Article 56 of the principal Order with medical practitioner for him to provide general medical services for persons in its area unless he is suitably experienced.

(2)

For the purposes of this Part a medical practitioner is “suitably experienced”, if he either—

(a)

has acquired the prescribed medical experience, or

(b)

is by virtue of regulations made under this Article exempt from the need to have acquired that experience.

(3)

For the purposes of this Article regulations may provide—

(a)

for prescribing the medical experience needed to satisfy paragraph (2)( a);

(b)

as to the documents which a medical practitioner may or must produce as evidence that he is suitably experienced or has acquired medical experience of any particular kind;

(c)

for requiring a medical practitioner who claims to have acquired the prescribed experience to submit particulars of his experience to a prescribed body, and for requiring that body, if satisfied that he has acquired the prescribed experience, to issue him a certificate (a “certificate of prescribed experience”) to that effect;

(d)

for enabling a medical practitioner without the prescribed experience who considers that the medical experience which he has acquired is, or ought to be regarded as, equivalent to the prescribed experience, to submit particulars of that experience to a prescribed body, and for requiring or enabling that body, if satisfied that the medical experience acquired is so equivalent, to issue to him a certificate (a “certificate of equivalent experience”) to that effect;

(e)

for treating a medical practitioner who holds a certificate of equivalent experience as satisfying paragraph (2)( a);

(f)

as to the circumstances or the conditions in or subject to which a medical practitioner is exempt from the need to have acquired the prescribed experience;

(g)

for conferring on a medical practitioner who is refused a certificate of prescribed experience or a certificate of equivalent experience a right of appeal to a body constituted by the Department and for any matter for which it appears to the Department to be requisite or expedient to provide in consequence of the conferring of that right;

(h)

for anything authorised or required by this Article to be prescribed or otherwise provided for by regulations.

(4)

Regulations under this Article shall be framed so as to allow the prescribed experience to be acquired without undertaking full-time employment.

(5)

Before making any regulations under this Article the Department shall consult such organisations as appear to the Department to be representative of the medical profession.

(6)

Regulations under this Article shall be subject to negative resolution.

(7)

In this Article—

  • “medical experience” includes hospital experience in any specialty, and

  • “the prescribed medical experience” means the medical experience for the time being prescribed for the purposes of paragraph (2)( a).

IVAMENDMENTS TO THE PRINCIPAL ORDER

Art. 9 amends art.2 of 1972 NI 14.

Art. 10 rep. by 1991 NI 1

Art. 11 rep. by 1991 NI 1

Art. 12 inserts art.56(3A) in 1972 NI 14

F1Art. 13 amends arts. 61-63 of 1972 NI 14; amdt. of art. 63 rep by 1986 NI 20

Art. 14 amends art. 63 of 1972 NI 14

Art. 15 rep. by 1991 NI 1

VMISCELLANEOUS

Art. 16 amends s.1 of 1971 c.32 (NI)

Art. 17 rep. by 1986 NI 4

Art. 18 amends art.3 of 1976 NI 12

Art. 19—Amendments and repeals

Schedule1—Amendments

Schedule 2—Repeals