OpenLegislation

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

Northern Ireland

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.

Annotations

Textual amendments

F1

Art. 3 substituted (29.4.2026 for specified purposes) by Tobacco and Vapes Act 2026 (c. 18), ss. 72, 175(2)(3)

F2

1991 NI 25

F3

Word in art. 3(1) substituted (1.9.2008) by Children and Young Persons (Sale of Tobacco etc.) Regulations (Northern Ireland) 2008 (S.R. 2008/306), regs. 1(3), 2(b)

F4

Words in art. 3(1) inserted (29.10.2026) by Tobacco and Vapes Act 2026 (c. 18), s. 175(1), Sch. 14 para. 4

F5

Words in art. 3(3) substituted (6.4.2016) by Tobacco Retailers Act (Northern Ireland) 2014 (c. 4), ss. 18(2), 25(2); S.R. 2016/101, art. 2(a), Sch. 1

F6

Word in the heading of art. 3 substituted (1.9.2008) by Children and Young Persons (Sale of Tobacco etc.) Regulations (Northern Ireland) 2008 (S.R. 2008/306), regs. 1(2), 2(b)

Modifications

C1

Art. 3(1): power to amend conferred (15.1.2007) by The Smoking (Northern Ireland) Order 2006 (S.I. 2006/2957 (N.I. 20)), arts. 1(3)(h), 14(a) (with art. 16(1))

Notes on Part II

Textual amendments

F1

Words in Pt. II heading omitted (29.10.2026) by virtue of Tobacco and Vapes Act 2026 (c. 18), s. 175(1), Sch. 14 para. 2

Notes on Tobacco products etc

Textual amendments

F1

Art. 3 cross-heading inserted (29.10.2026) by Tobacco and Vapes Act 2026 (c. 18), s. 175(1), Sch. 14 para. 3