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Children and Young Persons (Protection from Tobacco) Act 1991 (c. 23)

Children and Young Persons (Protection from Tobacco) Act 1991 1991 CHAPTER 23 An Act to increase the penalties for the sale of tobacco to persons under the age of 16 years; to make other amendments of section 7 of the Children and Young Persons Act 1933 and section 18 of the Children and Young Persons (Scotland) Act 1937; to prohibit the sale of unpackaged cigarettes; to require the publication of warning statements in retail premises and on vending machines; to make provision with respect to enforcement action by local authorities relating to offences connected with the sale of tobacco and to other matters; and for connected purposes. [27th June 1991] Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Legislation

Table of Content

1. Amendment of section 7 of the Children and Young Persons Act 1933. E+W+S

2. Amendment of section 18 of the Children and Young Persons (Scotland) Act 1937. E+W+S

3. Sales from vending machines in England and Wales E+W+S

4. Display of warning statements in retail premises and on vending machines. E+W+S

5. Enforcement action by local authorities in England and Wales. E+W+S

6. Enforcement action by local authorities in Scotland. E+W+S

7. Expenses. E+W+S

8. Short title, commencement, extent etc. U.K.

1. Amendment of section 7 of the Children and Young Persons Act 1933. E+W+S

2. Amendment of section 18 of the Children and Young Persons (Scotland) Act 1937. E+W+S

3. Sales from vending machines in England and Wales E+W+S

4. Display of warning statements in retail premises and on vending machines. E+W+S

5. Enforcement action by local authorities in England and Wales. E+W+S

6. Enforcement action by local authorities in Scotland. E+W+S

7. Expenses. E+W+S

8. Short title, commencement, extent etc. U.K.

Section 1

1. Amendment of section 7 of the Children and Young Persons Act 1933. E+W+S

(1) Section 7 of the M1 Children and Young Persons Act 1933 (sale of tobacco, etc. to persons under 16) shall be amended as follows. (2) In subsection (1)— (a) the word “apparently” shall be omitted; and (b) for 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— “ (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. ” (4) In subsection (2)— (a) for “is being extensively used by persons apparently” there shall be substituted “ has been used by any person ” ; and (b) for the words from “to a fine” onwards there shall be substituted “ to a fine not exceeding level 4 on the standard scale. ” Commencement Information I1 S. 1 wholly in force at 1.3.1992 see s. 8(2) and S.I. 1992/332 , art. 2 Marginal Citations M1 1933 c. 12 .

Section 2

2. Amendment of section 18 of the Children and Young Persons (Scotland) Act 1937. E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Textual Amendments F1 S. 2 repealed (S.) (1.4.2011) by Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) , s. 43(2) , Sch. 2 para. 2(a) ; S.S.I. 2010/77 , art. 2; S.S.I. 2010/345 , art. 2, Sch.