Section 72 Age of sale for tobacco products etcI1I2

For Article 3 of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) substitute—

“Sale of tobacco etc

3

(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.”