The Tobacco Retailer (Fixed Penalty) (Amount) Regulations (Northern Ireland) 2016
S.R. 2016/180 · Made 16 March 2016 · Extends to Northern Ireland
Public Health
Laid before the Assembly in draft
Made 16th March 2016
Coming into operation 1st July 2016
The Department of Health, Social Services and Public Safety makes the following Regulations, in exercise of the powers conferred by sections 12(8) and 24(3) of the Tobacco Retailers Act (Northern Ireland) 2014 f1.
Annotations to the whole text
Footnotes
Contents
- 1Citation, commencement and interpretation
- 2Amount of fixed penalty
- Signature
- Schedule Schedule
- Explanatory note
1Citation, commencement and interpretationI1
These Regulations may be cited as the Tobacco Retailer (Fixed Penalty) (Amount) Regulations (Northern Ireland) 2016 and shall come into operation on 1st July 2016.
2Amount of fixed penaltyI1
The fixed penalty in respect of an alleged offence shown in column (1) of the Schedule shall be the amount shown opposite in column (2).
Signature
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 16th March 2016
L.S.
Dr Anne Kilgallen
A senior officer of the
Department of Health, Social Services and Public Safety
Amount of Fixed Penalty
| F1Entry No | (1) Offence | (2) Fixed Penalty |
|---|---|---|
| 1 | An unregistered person carrying on a tobacco products or herbal smoking products business (section 10(1) of the Act). | £500.00 |
| 2 | A registered person carrying on a tobacco products or herbal smoking products business at premises other than those noted in the person’s entry in the Register (section 10(2) of the Act). | £500.00 |
| 3 | A person who fails, without reasonable excuse, to comply with section 3 of the Act (duty to notify certain changes) (section 10(3) of the Act). | £50.00 |
| 4 | A person who fails, without reasonable excuse, to comply with section 8(2) of the Act (in relation to the display of a notice if subject to a restricted premises order) (section 10(7) of the Act). | £100.00 |
| 5 | A person who fails, without reasonable excuse, to comply with section 9(2) of the Act (in relation to removal of tobacco products, herbal smoking products, cigarette papers, vaping products or nicotine products from the retail area where a restricted premises order has effect) (section 10(8) of the Act). | £500.00 |
| 6 | A person who before 1 st January 2027, 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 (Article 3 of the 1978 Order). | £250.00 |
| 7 | A person aged 18 or over who before 1 st January 2027, knowingly buys or attempts to buy tobacco products, herbal smoking products or cigarette papers on behalf of a person under the age of 18 (Article 4A of the 1978 Order). | £250.00 |
| 8 | A person who sells a vaping product or nicotine product to a person who is under the age of 18 (Article 4H of the 1978 Order). | £250.00 |
| 9 | A person aged 18 or over who buys, or attempts to buy, a vaping product or nicotine product on behalf of a person who is under the age of 18 (Article 4I of the 1978 Order). | £250.00 |
| 10 | A person who has the management or control of premises on which a tobacco vending machine is available for use (Article 4B of the 1978 Order). | £250.00 |
| 11 | A person who has the management or control of premises on which a vape vending machine or a nicotine product vending machine is available for use (Article 4J of the 1978 Order). | £250.00 |
| 12 | A tobacco retailer who sells cigarettes that are not in their original packaging (Article 4C of the 1978 Order). | £250.00 |
| 13 | A person who —
| £250.00 |
| 14 | Failure to display a notice stating “It is illegal to sell tobacco products to anyone under the age of 18” in retail premises where tobacco is sold (Article 5 of the 1991 Order). | £100.00 |
Explanatory note
(This note is not part of the Regulations)
These Regulations prescribe the amount of fixed penalties for certain tobacco-related offences under the Health and Personal Social Services (Northern Ireland) Order 1978, the Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991 and the Tobacco Retailers Act (Northern Ireland) 2014.