Children and Young Persons (Protection from Tobacco) Act 1991
| Jurisdiction | UK Non-devolved |
| Citation | 1991 c. 23 |
(1) Section 7 of the the word “apparently” shall be omitted; andfor the words from “on summary conviction” onwards there shall be substituted “ on summary conviction to a fine not exceeding level 4 on the standard scale. ” (3) After subsection (1) there shall be inserted—“ has been used by any person ” ; andfor the words from “to a fine” onwards there shall be substituted “ to a fine not exceeding level 4 on the standard scale. ” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1) It shall be an offence for any person carrying on a retail business to sell cigarettes to any person other than in (2) Any person guilty of an offence under subsection (1) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.(3) In this section “original package” means the package in which the cigarettes were supplied for the purpose of retail sale by the manufacturer or importer; and “package” means any box, carton or other container.(1) The appropriate national authority may by regulations make provision prohibiting the sale of tobacco from an automatic machine in England and Wales.(2) The regulations must make provision as to the persons who are liable in the case of any breach of a prohibition.(3) Where a prohibition contained in the regulations is breached, any person liable in accordance with the regulations is guilty of an offence.(4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.(5) Sections 13, 14 and 15 of the Tobacco Advertising and Promotion Act 2002 (enforcement etc.) apply for the purposes of this section and regulations made under it as they apply for the purposes of provisions of that Act.is exercisable by statutory instrument,may be exercised to make different provision for different cases or circumstances, andincludes power to make supplementary, incidental, consequential or transitional provision.by the Secretary of State unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament, andby the Welsh Ministers unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.(8) In this section—
- “(1A) It shall be a defence for a person charged with an offence under subsection (1) above to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
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“the appropriate national authority”—
- (a) in relation to England, means the Secretary of State; and
- (b) in relation to Wales, means the Welsh Ministers;
- “tobacco” has the same meaning as in section 7 of the Children and Young Persons Act 1933.
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