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The Tobacco Retailer (Fixed Penalty) (General) Regulations (Northern Ireland) 2016

Type Ni-Statutory-Rule

Publication 2016-03-02

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

Reform history JSON API PDF

Made: 2nd 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(7) and 24(3) of the Tobacco Retailers Act (Northern Ireland) 2014[^f00001].

Citation and commencement

1

(1) These Regulations may be cited as the Tobacco Retailer (Fixed Penalty) (General) Regulations (Northern Ireland) 2016 and shall come into operation on 1st July 2016.

Form of fixed penalty notice

2

A fixed penalty notice shall be in the form set out in the Schedule.

SCHEDULE — The Tobacco Retailers Act (Northern Ireland) 2014

FIXED PENALTY NOTICE[NAME OF DISTRICT COUNCIL][ADDRESS OF DISTRICT COUNCIL]PART 1RECIPIENT COPYPenalty Notice Number:__________Full name and address of alleged offender:__________________________Postcode:_________Date of birth (if known):_______I,_______(name),an authorised officer of the [name of District Council], have reason to believe that you committed the following offence under section/Article _ of the Tobacco Retailers Act (Northern Ireland) 2014/the Health and Personal Social Services (Northern Ireland) Order 1978/the Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991 /the Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 . (Delete those statutes which do not apply.)Alleged offence: The circumstances alleged to constitute the offence are that at__(time)on ___(date)you, at/on the following premises (where alleged offence tookplace, including address, if any)__________________allegedly (details of offence):______________________________This fixed penalty notice, “notice”, offers you the opportunity of discharging any liability for conviction for that offence by the payment of a fixed penalty, “penalty”, of__ (insert the amount of fixed penalty in figures and words). No proceedings will be taken for this offence before the expiration of 28 days beginning___ (insert the date on which this notice is given). You will not be liable to conviction for the offence if you pay the penalty within that period. In this notice this period is referred to as the 28 day period.You can pay a discounted amount of ___ (insert the amount of the fixed penalty discounted by 25% in figures and words) if you pay within the period of 14 days beginning with ____. (Insert date on which this notice is given). If the 14th is not a working day, you may pay on the next working day. “Working day” means any day which is not Saturday, Sunday, Christmas Day, Good Friday or a day which is a bank holiday. In this Form this period is referred to as the 14 day period.
Information for the immediate attention of the person who has been issued with this notice is at Part 2. Details of how to pay this fixed penalty are at Part 3._____________SignatureDate

FIXED PENALTY NOTICE[NAME OF DISTRICT COUNCIL][ADDRESS OF DISTRICT COUNCIL]PART 1RECIPIENT COPYPenalty Notice Number:__________Full name and address of alleged offender:__________________________Postcode:_________Date of birth (if known):_______I,_______(name),an authorised officer of the [name of District Council], have reason to believe that you committed the following offence under section/Article _ of the Tobacco Retailers Act (Northern Ireland) 2014/the Health and Personal Social Services (Northern Ireland) Order 1978/the Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991 /the Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 . (Delete those statutes which do not apply.)Alleged offence: The circumstances alleged to constitute the offence are that at__(time)on ___(date)you, at/on the following premises (where alleged offence tookplace, including address, if any)__________________allegedly (details of offence):______________________________This fixed penalty notice, “notice”, offers you the opportunity of discharging any liability for conviction for that offence by the payment of a fixed penalty, “penalty”, of__ (insert the amount of fixed penalty in figures and words). No proceedings will be taken for this offence before the expiration of 28 days beginning___ (insert the date on which this notice is given). You will not be liable to conviction for the offence if you pay the penalty within that period. In this notice this period is referred to as the 28 day period.You can pay a discounted amount of ___ (insert the amount of the fixed penalty discounted by 25% in figures and words) if you pay within the period of 14 days beginning with ____. (Insert date on which this notice is given). If the 14th is not a working day, you may pay on the next working day. “Working day” means any day which is not Saturday, Sunday, Christmas Day, Good Friday or a day which is a bank holiday. In this Form this period is referred to as the 14 day period.

Information for the immediate attention of the person who has been issued with this notice is at Part 2. Details of how to pay this fixed penalty are at Part 3._____________SignatureDate

If you have any questions or any representations about this notice, please contact [name of District Council and contact details].

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 Regulations)

EXPLANATORY NOTE

These Regulations provide the form of fixed penalty notice which may be issued in respect of particular offences as listed under section 12(1) of the Tobacco Retailers Act (Northern Ireland) 2014.

Footnotes

[^f00001]: 2014 c.4 (N.I.)

Editorial notes

[^key-00d0ada0ed10bd7ea8a2ecb76c3e5143]: Reg. 1 in operation at 1.7.2016, see reg. 1(1)

[^key-df0cae88d0a3f1e6ac0724d9fe960c34]: Reg. 2 in operation at 1.7.2016, see reg. 1(1)

[^key-c43a68e3b000d1cf36201cb68f2915d8]: Sch.: words in Form Pt 1 inserted (1.1.2022) by The Tobacco Retailer (Fixed Penalty) (General) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/326), regs. 1, 2(2)

[^key-30761744f1d39869ab399d70802d5b91]: Sch.: in Form Pt 2 the words “/the Health (Miscellaneous Provisions) Act (Northern Ireland) 2016” inserted after “Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991” (1.1.2022) by The Tobacco Retailer (Fixed Penalty) (General) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/326), regs. 1, 2(2)

[^key-c4b0caaf239f479daf7210a05e62568d]: Sch.: in Form Pt 3 the words “Acceptable methods of payment are cash, cheque, postal order or money order.” substituted for “Acceptable methods of payment may include cash, cheque, postal order or money order.” (1.1.2022) by The Tobacco Retailer (Fixed Penalty) (General) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/326), regs. 1, 2(3)

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