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The Protection from Tobacco (Sales from Vending Machines) Regulations (Northern Ireland) 2011

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This is a draft item of legislation and has not yet been made as a Northern Ireland Statutory Rule.

Draft Regulations laid down before the Assembly under Article 4A(7) of the Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991 for approval by resolution of the Assembly.

Draft Statutory Rules of Northern Ireland

2011 No.

Children And Young Persons

The Protection from Tobacco (Sales from Vending Machines) Regulations (Northern Ireland) 2011

Made

***

Coming into force

1st February 2012

The Department of Health, Social Services and Public Safety(1), makes the following Regulations in exercise of the powers conferred by Article 4A of the Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991(2).

Citation and commencement

1.  These Regulations may be cited as the Protection from Tobacco (Sales from Vending Machines) Regulations (Northern Ireland) 2011 and shall come into operation on 1st February 2012.

Prohibition of the sale of tobacco from vending machines

2.—(1) The sale of tobacco from an automatic machine is prohibited.

(2) The person who controls, or is concerned with the management of, the premises where the automatic machine is located shall be liable for a breach of paragraph (1).

(3) In this Regulation—

“premises” includes any place and any vehicle, vessel, hovercraft, stall or moveable structure.

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on ***

Legal seal

Dr Elizabeth Mitchell

A senior officer of the

Department of Health, Social Services and Public Safety

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations prohibit the sale of tobacco from an automatic machine.

Regulation 2 prohibits the sale of tobacco from an automatic machine. Liability for a breach of this prohibition will fall on the person who controls or manages the premises in which the automatic machine is located.

A draft of these Regulations has been notified to the European Commission as a technical standard, pursuant to Directive 98/34/EC of the European Parliament and the Council (OJ No L204, 21.7.98, p37) laying down a procedure for the provision of information in the field of technical standards and regulations, as amended.

A full impact assessment of the effect that this instrument will have on the costs of business and other sectors of the economy is available from Health Improvement Policy Branch, Department of Health, Social Services and Public Safety, Room C4, Castle Buildings, Stormont Estate, Belfast, BT4 3SQ.

(1)

Formerly the Department of Health and Social Services; See S.I. 1999/283 (N.I.) Article 3(6)

(2)

S.I. 1991/2872 (N.I.25), Article 4A was inserted by the Health Act 2009 (c.21) section 23

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