LegalizeThe Tobacco Retailers (2014 Act) (Commencement No. 2) Order (Northern Ireland) 2016
Made
The Department of Health, Social Services and Public Safety in exercise of the powers conferred by section 25(2) of the Tobacco Retailers Act (Northern Ireland) 2014[^f00001], makes the following Order.
Citation
1
- (1) This order may be cited as the Tobacco Retailers (2014 Act) (Commencement No. 2) Order (Northern Ireland) 2016.
- (2) In this order –
- “the 2014 Act” means the Tobacco Retailers Act (Northern Ireland) 2014; and
- “the Order of 1978” means the Health and Personal Social Services (Northern Ireland) Order 1978.
Appointed days
2
Insofar as not already in operation, the days appointed for the coming into force of the provisions of the 2014 Act are:-
- (a) 6th April 2016 for the provisions specified in column 1 of the table in Schedule 1 to this Order (the subject matter of which is specified in column 2 of that table);
- (b) 1st July 2016 for the provisions specified in column 1 of the table in Schedule 2 to this Order (the subject matter of which is specified in column 2 of that table).
SCHEDULE 1
Provisions of the 2014 Act coming into force on 6th April 2016
| Column 1 Provision of the Act | Column 2 Subject matter |
|---|---|
| Section 1 | Register of tobacco retailers |
| Section 2 | Application for registration |
| Section 3 | Duty to notify changes |
| Section 4 | Changes to and removal from the register |
| Section 11 | Powers of entry |
| Section 15 | Obstruction, etc of authorised officers |
| Section 16 | Council’s duty to share information about enforcement |
| Section 17 | Offences by bodies corporate |
| Section 18 | Amendment of the Order of 1978 |
| Section 21 | Service of notices in electronic form |
| Section 23 | Transitional provision |
SCHEDULE 2
Provisions of the 2014 Act coming into force on 1st July 2016
| Column 1 Provision of the Act | Column 2 Subject matter |
|---|---|
| Section 5 | Restricted premises orders |
| Section 6 | Restricted sale orders |
| Section 7 | Appeal against the making of a restricted sale or a restricted premises order |
| Section 8 | Restricted premises orders: display of notices |
| Section 9 | Restricted premises orders: no tobacco in retail area |
| Section 10 | Offences |
| Section 12 | Fixed penalties |
| Section 13 | Use of fixed penalty receipts |
| Section 14 | Withdrawal of fixed penalty notices |
| Section 19 | Statutory charges |
Signed
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 2nd March 2016.
Dr Gerard Mulligan — A senior officer of the — Department of Health, Social Services and Public Safety
Explanatory note
(This note is not part of the Order)
EXPLANATORY NOTE
Sections 22, 24, 25 and 26 of the Tobacco Retailers Act (Northern Ireland) 2014 (“the 2014 Act”) came into force on Royal Assent.
For the purposes of enabling the Department to make Regulations, the Tobacco Retailers (2014 Act) (Commencement No. 1) Order (Northern Ireland) 2014 brought into operation on 1st May 2014 sections 1, 2, 8, 12, 13, 20 and 21 of the Tobacco Retailers Act (Northern Ireland) 2014.
Schedule 1 to this Order sets out that the following provisions will come into force on 6th April 2016.
- Section 1 – requires a registration authority to maintain a register of tobacco retailers in Northern Ireland.
- Sections 2, 3 and 4 – make further provision in relation to the register.
- Sections 11 and 15 – make provision in relation to powers of entry and the obstruction of officers.
- Section 16 – requires District Councils to share enforcement information on relevant tobacco offences with nominated bodies.
- Section 17 – concerns offences by bodies corporate.
- Section 18 – amends the 1978 Order to increase the minimum fine for underage sales of tobacco or cigarette papers and creates a new offence of buying or attempting to buy tobacco or cigarette papers on behalf of a person under the age of 18.
- Section 21 – allows for the delivery of relevant notices in electronic form.
- Section 23 – provides that certain sections do not apply where offences were committed before those sections were commenced.
Schedule 2 to this Order sets out that the following provisions will come into force on 1st July 2016.
- Sections 5, 6, 7, 8 and 9 – allow for the retail sale of tobacco products to be banned by means of restricted premises or sale orders.
- Section 10 – creates a number of offences in relation to the register and in relation to breaching a restricted premises or sale order.
- Sections 12, 13 and 14 – provide for the application of fixed penalties for certain tobacco-related offences.
- Section 19 – amends Schedule 11 of the Land Registration Act (Northern Ireland) 1970 to make a restricted premises order a statutory charge.
Footnotes
[^f00001]: 2014 c.4 (N.I.)
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