Part 1F3Tobacco and nicotine vapour products etc.
Chapter 1F2Display, sale and purchase
Pt. 1 Ch. 1 title substituted (1.4.2017) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 15(1), 36(2); S.S.I. 2017/12, reg. 2, sch.
F1Sale and purchase of tobacco and nicotine vapour products
S. 4 crossheading substituted (6.2.2017 for specified purposes, 1.4.2017 in so far as not already in force) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 2(2), 36(2); S.S.I. 2017/12, reg. 2, sch.
I14Sale of tobacco products to persons under 18
1
A person who sells a tobacco product or cigarette papers to a person under the age of 18 commits an offence.
2
It is a defence to a charge in proceedings against a person (“the accused”) under subsection (1) that—
a
the accused believed the person under the age of 18 (“the customer”) to be aged 18 or over, and
b
the accused had taken reasonable steps to establish the customer's age.
3
For the purposes of subsection (2)(b), the accused is to be treated as having taken reasonable steps to establish the customer's age if and only if—
a
the accused was shown any of the documents mentioned in subsection (4), and
b
that document would have convinced a reasonable person as to the customer's age.
4
The documents referred to in subsection (3)(a) are any document bearing to be—
a
a passport,
F4aa
a UK driving licence,
b
a European Union photocard driving licence, or
c
such other document, or a document of such description, as may be prescribed.
5
A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Pt. 1 title substituted (1.4.2017) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 15(11), 36(2); S.S.I. 2017/12, reg. 2, sch.