Health (Miscellaneous Provisions) Act (Northern Ireland) 2016

SCHEDULES

Section 3(1).

SCHEDULE 1 N.I. AMENDMENTS CONSEQUENTIAL ON SECTIONS 1 AND 2

The Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991 (NI 25) N.I.

1  In Article 6 of the Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991 (enforcement action by district councils)— N.I.

(a) in paragraph (1)(a), for “and Articles 4 and 5” substitute “ , Articles 4 to 5 and sections 1 and 2 of the Health (Miscellaneous Provisions) Act (Northern Ireland) 2016, ”;

(b) after paragraph (1) insert—

“(1A) Paragraph (1) applies in relation to section1 of the Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 only if regulations under subsection (1) of that section are for the time being in operation.”;

(c) after paragraph (1A) insert—

“(1B) Paragraph (1) applies in relation to section2 of the Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 only if regulations under subsection (1) of that section are for the time being in operation.”.

Commencement Information

I1 Sch. 1 para. 1 in operation at 1.2.2022 by S.R. 2021/329, art. 2(c)

The Tobacco Retailers Act (Northern Ireland) 2014 (c. 4) N.I.

2  The Tobacco Retailers Act (Northern Ireland) 2014 is amended as follows. N.I.

Commencement Information

I2 Sch. 1 para. 2 in operation at 1.2.2022 by S.R. 2021/329, art. 2(c)

3  In the italic heading before section 5, after “tobacco” insert “ or nicotine ”. N.I.

Commencement Information

I3 Sch. 1 para. 3 in operation at 1.2.2022 by S.R. 2021/329, art. 2(c)

4  In section 5 (restricted premises orders)— N.I.

(a) in subsection (1)(a) and (b), after “tobacco” insert “ or nicotine ”;

(b) in subsection (4), for “or cigarette papers” substitute “ , cigarette papers or nicotine products ”;

(c) in subsection (5), for “or cigarette papers” substitute “ , cigarette papers or nicotine products ”;

(d) in subsection (8)(b)(i) and (ii), after “tobacco” insert “ or nicotine ”;

(e) in subsection (13)(a), after “tobacco” insert “ or nicotine ”;

(f) in subsection (14)—

(i) for “tobacco offence” substitute “ tobacco or nicotine offence ”;

(ii) at the end of paragraph (e), omit the word “or”;

(iii) at the end of paragraph (f), add—

“(g) an offence committed under section 1 of the Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 on any premises (which are accordingly “the premises in relation to which the offence is committed””;

(iv) at the end of paragraph (g), add—

“or

(h) an offence committed under section 2 of the Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 in respect of any machine kept on any premises (which are accordingly “the premises in relation to which the offence is committed””.

Commencement Information

I4 Sch. 1 para. 4 in operation at 1.2.2022 by S.R. 2021/329, art. 2(c)

5  In section 6 (restricted sale orders)— N.I.

(a) in subsection (1)(a) and (b), after “tobacco” insert “ or nicotine ”;

(b) in subsection (4)—

(i) in paragraph (a), for “or cigarette papers” substitute “ , cigarette papers or nicotine products ”;

(ii) in paragraph (b), for “or cigarette papers” substitute “ , cigarette papers or nicotine products ”;

(iii) in each of paragraphs (c) and (d), omit “cigarette” in each place;

(iv) in each of those paragraphs, after “tobacco” insert “ or nicotine products ”;

(c) in subsection (6)(a) and (b), after “tobacco” insert “ or nicotine ”;

(d) in subsection (7), after “tobacco” insert “ or nicotine ”;

(e) for subsection (8) substitute—

“(8) In this section any reference to a machine is a reference to an automatic machine for the sale of tobacco or nicotine products.”.

Commencement Information

I5 Sch. 1 para. 5 in operation at 1.2.2022 by S.R. 2021/329, art. 2(c)

6  In section 8(4) (restricted premises orders: display of notices), for “or cigarette papers” substitute “ , cigarette papers or nicotine products ”. N.I.

Commencement Information

I6 Sch. 1 para. 6 in operation at 1.2.2022 by S.R. 2021/329, art. 2(c)

7  In section 9 (restricted premises orders: no tobacco in retail area)— N.I.

(a) in the heading, after “tobacco” insert “ or nicotine products ”;

(b) in subsection (2), for “or cigarette papers” substitute “ , cigarette papers or nicotine products as the case may be ”;

(c) in subsection (3), for “and cigarette papers” substitute “ , cigarette papers and nicotine products ”.

Commencement Information

I7 Sch. 1 para. 7 in operation at 1.2.2022 by S.R. 2021/329, art. 2(c)

8  In section 10(4)(a) (offences), for “or cigarette papers” substitute “ , cigarette papers or nicotine products ”. N.I.

Commencement Information

I8 Sch. 1 para. 8 in operation at 1.2.2022 by S.R. 2021/329, art. 2(c)

9  In section 11(1)(a) (powers of entry)— N.I.

(a) after sub-paragraph (iii) add—

“(iv) an offence under section 1 of the Health (Miscellaneous Provisions) Act (Northern Ireland) 2016;”;

(b) after sub-paragraph (iv) add—

“(v) an offence under section 2 of the Health (Miscellaneous Provisions) Act (Northern Ireland) 2016.”.

Commencement Information

I9 Sch. 1 para. 9 in operation at 1.2.2022 by S.R. 2021/329, art. 2(c)

10  In section 12(1) (fixed penalties for certain offences)— N.I.

(a) after paragraph (c) add—

“(d) an offence under section 1 of the Health (Miscellaneous Provisions) Act (Northern Ireland) 2016;”;

(b) after paragraph (d) add—

“(e) an offence under section 2 of the Health (Miscellaneous Provisions) Act (Northern Ireland) 2016.”.

Commencement Information

I10 Sch. 1 para. 10 in operation at 1.2.2022 by S.R. 2021/329, art. 2(c)

11  In section 16 (council's duty to share information about enforcement), in subsections (1)(a) and (b) and (3), after “tobacco” insert “ or nicotine ”; N.I.

Commencement Information

I11 Sch. 1 para. 11 in operation at 1.2.2022 by S.R. 2021/329, art. 2(c)

12  In section 22(1) (interpretation), insert at the appropriate place— N.I.

““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;”.

Commencement Information

I12 Sch. 1 para. 12 in operation at 1.2.2022 by S.R. 2021/329, art. 2(c)

Section 19.

SCHEDULE 2 N.I. REPEALS

Part 1 N.I. Repeals coming into operation under section 20(2)

Short Title	Extent of Repeal
The Health and Personal Social Services (Northern Ireland) Order 1972 (NI 14)	Article 62A.
	Article 63AA(1), (4) and (5).
	In Schedule 11— (a) in paragraph 1(8)(c), the words “and bodies corporate”; (b) in paragraph 2(1), the words “or, as the case may be, the third condition for disqualification”; (c) paragraph 2(1A); (d) in paragraph 2(3)(a), the words “, assisting in providing”; (e) in paragraph 2(3)(b), the words “assistance in the provision”; (f) in paragraph 4(2)(c)(i), the words “, undertakes to provide or assists in providing”.
The Primary Medical Services (Northern Ireland) Order 2004 (NI 2)	Article 6(8)(c).
The Health (Miscellaneous Provisions) Act (Northern Ireland) 2008 (c. 2)	Section 8.
	In Schedule 1— (a) paragraph 1(2) and (4); (b) paragraph 2(2) and (3).

Part 2 N.I. Repeals coming into operation under section 20(3)

Commencement Information

I13 Sch. 2 Pt. 2 in operation at 1.2.2022 for specified purposes by S.R. 2021/329, art. 2(d)

Short Title	Extent of Repeal
The Health and Personal Social Services (Northern Ireland) Order 1972 (NI 14).	In Article 15C(2), the definition of “section 28C employee”.
	Article 15D(3)(j).
The Tobacco Retailers Act (Northern Ireland) 2014 (c. 4)	In section 5(14)(e), the word “or”.
	In section 6(4)(c) and (d), the word “cigarette”.