OpenLegislation

Section 1 Sale of tobacco etcI1I2

England and Wales

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

(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 section to prove—

(a)

that they took such steps as may be specified in regulations made by the Secretary of State 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)

Before making regulations under subsection (2)(a) the Secretary of State must obtain the consent of the Welsh Ministers if the regulations contain provision which would be within the legislative competence of Senedd Cymru if contained in an Act of the Senedd.

(4)

Regulations under subsection (2)(a) are subject to the affirmative resolution procedure.

(5)

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

Annotations

Commencement

I1

S. 1 in force at Royal Assent for specified purposes, see s. 175(2)

I2

S. 1 in force at 1.1.2027 in so far as not already in force, see s. 175(3)