Health and Personal Social Services (Northern Ireland) Order 1978

Health and Personal Social Services (Northern Ireland) Order 1978 This Order may be cited as the Health and Personal Social Services (Northern Ireland) Order 1978… Commencement … The Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly. In this Order— “the Department” means the Department of Health and Social Services; “the principal Order” means the Health and Personal Social Services (Northern Ireland) Order 1972 . Subject to paragraph (2), a person who sells to a person. . . under the age of 18 any tobacco or cigarette papers, whether for his own use or not, shall be guilty of an offence. It shall be a defence for a person charged with and offence under paragraph (1) to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence. Para.(2) rep. with saving by 1986 NI 24 A person guilty of an offence under paragraph (1) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale. It is an offence to sell any of the following to a person born on or after 1 January 2009— a tobacco product; a herbal smoking product; cigarette papers. It is a defence for a person charged with an offence under this Article to prove— that they took such steps as may be specified in regulations made by the Department to verify that the customer was born before 1 January 2009, or that they otherwise took all reasonable steps to avoid the commission of the offence. Regulations may not be made by the Department under paragraph (2)(a) unless a draft of the regulations has been laid before and approved by a resolution of the Assembly. A person guilty of an offence under this Article is liable on summary conviction to a fine not exceeding level 5 on the standard scale. If on complaint being made under Part VIII of the Magistrates' Courts (Northern Ireland) Order 1981 the court is satisfied that any automatic machine for the sale of tobacco kept on any premises has been used by any person under the age of 18, the court shall order the owner of the machine or the person on whose premises the machine is kept— to take such precautions to prevent the machine being so used as may be specified in the order; if necessary, to remove the machine, within such time as may be specified in the order. A person who fails to comply with an order made under paragraph (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale. A person aged 18 or over who knowingly buys or attempts to buy tobacco , cigarette papers or a relevant nicotine product on behalf of a person under the age of 18 shall be guilty of an offence. A person guilty of an offence under paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. A tobacco retailer must display an age of sale notice at any premises at which they sell tobacco products. For the purposes of this Article an “age of sale notice” is a notice containing the following statement— It is illegal to sell tobacco products to anyone born on or after 1 January 2009 The notice must be displayed in a prominent position where it is readily visible to people at each point of sale of tobacco products. The notice must comply with any requirements set out in regulations made by the Department as to the size or appearance of— the statement on the notice, or any other aspect of the notice. Regulations under paragraph (4) are subject to negative resolution. A person who fails to display an age of sale notice as required by this Article commits an offence. It is a defence for a person charged with an offence under this Article to prove that they took all reasonable steps to avoid the commission of the offence. A person guilty of an offence under this Article is liable on summary conviction to a fine not exceeding level 3 on the standard scale. It is an offence to sell a vaping product or nicotine product to a person who is under the age of 18. that they took such steps as may be specified in regulations made by the Department to verify that the customer was at least 18 years old, or The Department may by regulations impose prohibitions, requirements or limitations on retailers in relation to— the display, in the course of business, of relevant products in a place where those products are offered for sale; the display, in the course of business, of empty retail packaging of relevant products in a place where those products are offered for sale; the display, in the course of business, of prices of relevant products in a place where those products are offered for sale. In paragraph (1) “relevant product” means— tobacco products, tobacco related devices, herbal smoking products, cigarette papers, vaping products, or nicotine products. In paragraph (1)(a) a reference to a product includes anything that represents the product and that is intended to be exchanged for it at the point of sale. Regulations under paragraph (1) may create offences in relation to a failure to comply with the regulations. The regulations must provide for any offence to be triable on indictment or summarily and punishable— on summary conviction, by imprisonment for a term not exceeding 6 months, or a fine not exceeding the statutory maximum, or both; on conviction on indictment, by imprisonment for a term not exceeding 2 years, or a fine, or both. Before making regulations under this Article the Department must consult any persons it considers it appropriate to consult. Regulations may not be made by the Department under this Article unless a draft of the regulations has been laid before and approved by a resolution of the Assembly. A member of the Royal Ulster Constabulary or Royal Ulster Constabulary Reserve may seize any tobacco or cigarette papers in the possession of any person apparently under the age of 18 whom he finds smoking in any street or public place. Any tobacco or cigarette papers seized under paragraph (1) shall be disposed of in such a manner as the Police Authority for Northern Ireland may direct. Nothing in this Part shall— make it an offence to sell tobacco or cigarette papers to, or authorise the seizure of tobacco or cigarette papers in the possession of, any person who is at the time employed by a manufacturer of, or dealer in, tobacco, either wholesale or retail, for the purposes of his business. The Department may by regulations amend this Part for the purpose of extending any provision that applies in relation to a tobacco product to— a filter that does not form part of a tobacco product or herbal smoking product; a tobacco related device. The Department may by regulations amend this Part for the purpose of extending to filters any provision made by Articles 4E to 4G in relation to a relevant oral tobacco product. In this Part— “cigarettes” includes cut tobacco rolled up in paper, tobacco leaf, or other material in such form as to be capable of immediate use for smoking; “public place” includes any place to which the public for the time being have or are permitted to have access, whether on payment or otherwise; “relevant nicotine product” means a nicotine product within the meaning of section 7 of the Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 the sale of which to persons aged under 18 is for the time being prohibited by regulations under section 1(1) of that Act; “street” includes any road, lane, alley or passage, whether a thoroughfare or not; “tobacco” includes cigars, cigarettes tobacco substitutes and any product containing tobacco and intended for oral or nasal use. Where the Department so prescribes, a Health and Social Services Board shall not arrange under Article 56 of the principal Order with medical practitioner for him to provide general medical services for persons in its area unless he is suitably experienced. For the purposes of this Part a medical practitioner is “suitably experienced”, if he either— has acquired the prescribed medical experience, or is by virtue of regulations made under this Article exempt from the need to have acquired that experience. For the purposes of this Article regulations may provide— for prescribing the medical experience needed to satisfy paragraph (2)( a); as to the documents which a medical practitioner may or must produce as evidence that he is suitably experienced or has acquired medical experience of any particular kind; for requiring a medical practitioner who claims to have acquired the prescribed experience to submit particulars of his experience to a prescribed body, and for requiring that body, if satisfied that he has acquired the prescribed experience, to issue him a certificate (a “certificate of prescribed experience”) to that effect; for enabling a medical practitioner without the prescribed experience who considers that the medical experience which he has acquired is, or ought to be regarded as, equivalent to the prescribed experience, to submit particulars of that experience to a prescribed body, and for requiring or enabling that body, if satisfied that the medical experience acquired is so equivalent, to issue to him a certificate (a “certificate of equivalent experience”) to that effect; for treating a medical practitioner who holds a certificate of equivalent experience as satisfying paragraph (2)( a); as to the circumstances or the conditions in or subject to which a medical practitioner is exempt from the need to have acquired the prescribed experience; for conferring on a medical practitioner who is refused a certificate of prescribed experience or a certificate of equivalent experience a right of appeal to a body constituted by the Department and for any matter for which it appears to the Department to be requisite or expedient to provide in consequence of the conferring of that right; for anything authorised or required by this Article to be prescribed or otherwise provided for by regulations. Regulations under this Article shall be framed so as to allow the prescribed experience to be acquired without undertaking full-time employment. Before making any regulations under this Article the Department shall consult such organisations as appear to the Department to be representative of the medical profession. Regulations under this Article shall be subject to negative resolution. In this Article— “medical experience” includes hospital experience in any specialty, and “the prescribed medical experience” means the medical experience for the time being prescribed for the purposes of paragraph (2)( a). Art. 9 amends art.2 of 1972 NI 14. Art. 10 rep. by 1991 NI 1 Art. 11 rep. by 1991 NI 1 Art. 12 inserts art.56(3A) in 1972 NI 14 Art. 13 amends arts. 61-63 of 1972 NI 14; amdt. of art. 63 rep by 1986 NI 20 Art. 14 amends art. 63 of 1972 NI 14 Art. 15 rep. by 1991 NI 1 Art. 16 amends s.1 of 1971 c.32 (NI) Art. 17 rep. by 1986 NI 4 Art. 18 amends art.3 of 1976 NI 12 Art. 19—Amendments and repeals Schedule1—Amendments Schedule 2—Repeals 1954 c.33 1972 NI 14 Word in the heading of art. 3 substituted (1.9.2008) by Children and Young Persons (Sale of Tobacco etc.) Regulations (Northern Ireland) 2008 (S.R. 2008/306), regs. 1(2), 2(b) Art. 3(1): power to amend conferred (15.1.2007) by The Smoking (Northern Ireland) Order 2006 (S.I. 2006/2957 (N.I. 20)), arts. 1(3)(h), 14(a) (with art. 16(1)) 1991 NI 25 Word in art. 3(1) substituted (1.9.2008) by Children and Young Persons (Sale of Tobacco etc.) Regulations (Northern Ireland) 2008 (S.R. 2008/306), regs. 1(3), 2(b) Art. 4(1): power to amend conferred (15.1.2007) by The Smoking (Northern Ireland) Order 2006 (S.I. 2006/2957 (N.I. 20)), arts. 1(3)(h), 14(a) (with art. 16(1)) 1981 NI 26 Word in art. 4(1) substituted (1.9.2008) by Children and Young Persons (Sale of Tobacco etc.) Regulations (Northern Ireland) 2008 (S.R. 2008/306), regs. 1(4), 2(c) 1986 NI 24 Word in the heading of art. 5 substituted (1.9.2008) by Children and Young Persons (Sale of Tobacco etc.) Regulations (Northern Ireland) 2008 (S.R. 2008/306), regs. 1(2), 2(d) Art. 5(1): power to amend conferred (15.1.2007) by The Smoking (Northern Ireland) Order 2006 (S.I. 2006/2957 (N.I. 20)), arts. 1(3)(h), 14(a) (with art. 16(1)) Art. 5(1) extended by 2003 c. 6, Sch. 2A para. 7(1) (as inserted (22.4.2007) by Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007 (S.I. 2007/912 (N.I. 6)), arts. 1(3), 7(8), Sch. 5) Word in art. 5(1) substituted (1.9.2008) by Children and Young Persons (Sale of Tobacco etc.) Regulations (Northern Ireland) 2008 (S.R. 2008/306), regs. 1(5), 2(d) Art. 5(2) applied by 2003 c. 6, Sch. 2A para. 7(2) (as inserted (22.4.2007) by Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007 (S.I. 2007/912 (N.I. 6)), arts. 1(3), 7(8), Sch. 5) Word in the cross heading to Pt. II substituted (1.9.2008) by Children and Young Persons (Sale of Tobacco etc.) Regulations (Northern Ireland) 2008 (S.R. 2008/306), regs. 1(2), 2(a) prosp. rep. by 1984 NI 8 Words in art. 3(3) substituted (6.4.2016) by Tobacco Retailers Act (Northern Ireland) 2014 (c. 4), ss. 18(2), 25(2); S.R. 2016/101, art. 2(a), Sch. 1 Art. 4A inserted (6.4.2016) by Tobacco Retailers Act (Northern Ireland) 2014 (c. 4), ss. 18(3), 25(2); S.R. 2016/101, art. 2(a), Sch. 1 Art. 4A: power to amend conferred (1.6.2017) by Health (Miscellaneous Provisions) Act (NorthernIreland) 2016 (c. 26), ss. 1(6)(a), 20(3); S.R. 2017/91, art. 2(a) Art. 4A: power to amend conferred (1.6.2017) by Health (Miscellaneous Provisions) Act (NorthernIreland) 2016 (c. 26), ss. 1(6)(b), 20(3); S.R. 2017/91, art. 2(a) Words in art. 4A heading inserted (1.2.2022) by The Nicotine Inhaling Products (Age of Sale and Proxy Purchasing) Regulations (Northern Ireland) 2021 (S.R. 2021/330), regs. 1(1), 2(2) Words in art. 4A(1) substituted (1.2.2022) by The Nicotine Inhaling Products (Age of Sale and Proxy Purchasing) Regulations (Northern Ireland) 2021 (S.R. 2021/330), regs. 1(1), 2(3) Words in art. 7 inserted (1.2.2022) by The Nicotine Inhaling Products (Age of Sale and Proxy Purchasing) Regulations (Northern Ireland) 2021 (S.R. 2021/330), regs. 1(1), 3 Art. 4D inserted (29.4.2026 for specified purposes) by Tobacco and Vapes Act 2026 (c. 18), ss. 76, 175(2)(3) Art. 4H and cross-heading inserted (29.4.2026 for specified purposes) by Tobacco and Vapes Act 2026 (c. 18), ss. 80, 175(1)(2) Art. 4K and cross-heading inserted (29.4.2026 for specified purposes) by Tobacco and Vapes Act 2026 (c. 18), ss. 83, 175(1)(2) Art. 6B and cross-heading inserted (29.4.2026 for specified purposes) by Tobacco and Vapes Act 2026 (c. 18), ss. 89(1), 175(1)(2) Art. 3 substituted (29.4.2026 for specified purposes) by Tobacco and Vapes Act 2026 (c. 18), ss. 72, 175(2)(3)