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Northern Ireland Orders in Council
[20th December 1978]
1. This Order may be cited as the Health and Personal Social Services (Northern Ireland) Order 1978… Commencement …
2.—(1) The Interpretation Act (Northern Ireland) 1954 M1 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 M2.
3.—(1) Subject to paragraph (2), a person who sells to a person under the age of 16 any tobacco or cigarette papers, whether for his own use or not, shall be guilty of an offence.
F1(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 F1 level 4 on the standard scale.
C1Art. 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))
F11991 NI 25
4.—(1) If on complaint being made under F2 Part VIII of the Magistrates' Courts (Northern Ireland) Order 1981 the court is satisfied that any automatic machine for the sale of tobacco kept on any premises F1 has been used by any person under the age of 16, the court F3 shall order the owner of the machine or the person on whose premises the machine is kept—
(a)to take such precautions to prevent the machine being so used as may be specified in the order;
(b)if necessary, to remove the machine, within such time as may be specified in the order.
(2) A person who fails to comply with an order made under paragraph (1) shall be guilty of an offence and liable on summary conviction F1 to a fine not exceeding level 4 on the standard scale.
F11991 NI 25
C1Art. 4(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))
F21981 NI 26
F31986 NI 24
5.—(1) A member of the Royal Ulster Constabulary or Royal Ulster Constabulary Reserve may seize any tobacco or cigarette papers in the possession of any person apparently under the age of 16 whom he finds smoking in any street or public place.
(2) Any tobacco or cigarette papers seized under paragraph (1) shall be disposed of in such a manner as the Police Authority for Northern Ireland may direct.
C1Art. 5(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))
6. Nothing in this Part shall—
(a)make it an offence to sell tobacco or cigarette papers to, or
(b)authorise the seizure of tobacco or cigarette papers in the possession of,
any person who is at the time employed by a manufacturer of, or dealer in, tobacco, either wholesale or retail, for the purposes of his business.
7. In this Part—
“cigarettes” includes cut tobacco rolled up in paper, tobacco leaf, or other material in such form as to be capable of immediate use for smoking;
“public place” includes any place to which the public for the time being have or are permitted to have access, whether on payment or otherwise;
“street” includes any road, lane, alley or passage, whether a thoroughfare or not;
“tobacco” includes cigars, cigarettes F1 tobacco substitutes and any product containing tobacco and intended for oral or nasal use.
F11986 NI 24
Health and Personal Social Services (Northern Ireland) Order 1978