The Proxy Purchasing of Tobacco, Nicotine Products etc. (Fixed Penalty Notice) (England) Regulations 2015

Statutory Instruments

2015 No. 936

Public Health, England

The Proxy Purchasing of Tobacco, Nicotine Products etc. (Fixed Penalty Notice) (England) Regulations 2015

Made

26th March 2015

Laid before Parliament

27th March 2015

Coming into force

1st October 2015

The Secretary of State makes the following Regulations in exercise of the powers conferred by paragraph 4 of Schedule 1 to the Health Act 2006(1).

Citation, commencement and application

1.—(1) These Regulations may be cited as the Proxy Purchasing of Tobacco, Nicotine Products etc. (Fixed Penalty Notice) (England) Regulations 2015 and come into force on 1st October 2015.

(2) These Regulations apply in relation to England only.

Form of fixed penalty notice

2.—(1) The penalty notice form set out in the Schedule to these Regulations is specified in relation to the offence of buying or attempting to buy tobacco, cigarette papers or a relevant nicotine product on behalf of an individual aged under 18 under section 91 of the Children and Families Act 2014(2).

(2) A local weights and measures authority may use a penalty notice form in a size or design which differs from the form specified in the Schedule, provided that the content of the penalty notice form is not changed from that specified in the Schedule except as permitted by paragraph (3).

(3) A local weights and measures authority may include in a penalty notice form—

(a) information or illustrations to assist a person to whom it is given, for example on how payments can be made;

(b) information or illustrations to assist it in the performance of its enforcement functions under section 91 of the Children and Families Act 2014, for example to assist in its administrative procedures or data processing;

(c) coats of arms or logos.

Signed by authority of the Secretary of State of Health.

Jane Ellison

Parliamentary Under-Secretary of State,

Department of Health

26th March 2015

Regulation 2(1)

SCHEDULE

(a) “Working day” means any day which is not Saturday, Sunday, Christmas Day, Good Friday or a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, made under Schedule 1 to the Health Act 2006, contain provisions which relate to offences under section 91(1) of the Children and Families Act 2014.

Regulation 2 provides that the Penalty Notice form in the Schedule to these Regulations can be used where an adult is alleged to have committed the offence of purchasing tobacco, cigarette papers or a relevant nicotine product on behalf of a person under the age of 18.

(1)

2006 c.28 As to the meaning of “the appropriate national authority” see section 82(1) of the Health Act 2006 (“the 2006 Act”). Schedule 1 to the 2006 Act applies with modifications to an offence under section 91 of the Children and Families Act 2014 (“the 2014 Act”) by virtue of section 91(5) of the 2014 Act. Section 91 of the 2014 Act was extended to include relevant nicotine products by regulation 2 of S.I. 2015/895.

(2)

2014 c.6.