# Health and Personal Social Services (Northern Ireland) Order 1978 1978/1907 · made 20 December 1978 · revised to 29 October 2026 PDFs: Printed copy https://openlegislation.uk/health-and-personal-social-services-northern-ireland-order-1978/pdf/uksi_19781907_en.pdf ## Introductory text [20th December 1978] ## Part I: INTRODUCTORY ## 1 Title and commencement This Order may be cited as the Health and Personal Social Services (Northern Ireland) Order 1978… Commencement … ## 2 Interpretation (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. ## Part II: SALE OF TOBACCO, ETC. ... ### Tobacco products etc ## 3 Prohibition on sale of tobacco, etc. to persons apparently under 18Sale of tobacco etc (1) Subject to paragraph (2), a person who sells to a person. . . under the age of 18 any tobacco product, 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 level 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. ## 4 Control of automatic machines for sale of tobacco . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 4A Purchase of tobacco etc on behalf of persons under 18 (1) A person aged 18 or over who knowingly buys or attempts to buy tobacco 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. ## 4B Tobacco vending machines (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. ## 4C Sale of unpackaged cigarettes (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. ## 4D Age of sale notice at point of sale (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. ### Snus etc ## 4E Ban on manufacture of snus etc (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. ## 4F Ban on sales of snus etc (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. ## 4G Possession of snus etc with intent to supply (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. ### Vaping and nicotine products ## 4H Sale of vaping or nicotine products to under 18s (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. ## 4I Purchase of vaping or nicotine products on behalf of under 18s (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. ## 4J Vaping and nicotine product vending machines (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— (a)from which nicotine products may be bought, or (b)from which they are dispensed to a customer in connection with a sale; “vape vending machine” means a machine— (a)from which vaping products may be bought, or (b)from which they are dispensed to a customer in connection with a sale. ### Displays of products or prices ## 4K Displays of products or prices (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. ### Free distribution and discounts ## 4L Free distribution and discounts of products (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. ## 5 Seizure of tobacco, etc. in possession of persons apparently under 18 (1) A member of the Royal Ulster Constabulary or Royal Ulster Constabulary Reserve may seize any tobacco products, herbal smoking products or cigarette papers in the possession of any person apparently under the age of 18 whom he finds smoking in any street or public place. (2) Any tobacco products, 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. ## 6 Exemption for persons employed in trade Nothing in Article 3 or 5 shall— (a) make it an offence to sell tobacco products, herbal smoking products or cigarette papers to, or (b) authorise the seizure of tobacco products, 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 products or herbal smoking products, either wholesale or retail, for the purposes of his business. ### Enforcement ## 6A Programme of enforcement action by district councils (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. (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. ### Power to extend this Part ## 6B Power to extend this Part to other products (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. ### Interpretation ## 7 Interpretation of Part 2 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— (a)a device, other than a vape, which enables a tobacco product to be consumed (for example, a heated tobacco device or pipe), or (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— (a)a device which— (i)vaporises substances, other than tobacco, for the purpose of inhalation through a mouthpiece (whether or not it also vaporises tobacco), and (ii)is not a medical device or a medicinal product, or (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— (a)a vape, or (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. ## 7A Meaning of nicotine product (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. ## Part III: VOCATIONAL TRAINING FOR MEDICAL PRACTITIONERS ## 8 Requirement 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). ## IV AMENDMENTS 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 Art. 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 ## V MISCELLANEOUS 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 --- Source: https://www.legislation.gov.uk/nisi/1978/1907 (the official version) Page: https://openlegislation.uk/health-and-personal-social-services-northern-ireland-order-1978 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.