SCHEDULES

SCHEDULE 1AMENDMENTS CONSEQUENTIAL ON SECTIONS 1 AND 2

Section 3(1).

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

I11

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

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.

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

I22

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

I33

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

I44

In section 5 (restricted premises orders)—

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”

I55

In section 6 (restricted sale orders)—

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.

I66

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

I77

In section 9 (restricted premises orders: no tobacco in retail area)—

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 ”.

I88

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

I99

In section 11(1)(a) (powers of entry)—

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.

I1010

In section 12(1) (fixed penalties for certain offences)—

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.

I1111

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

I1212

In section 22(1) (interpretation), insert at the appropriate place—

“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;

SCHEDULE 2REPEALS

Section 19.

Part 1Repeals 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—

  1. a

    in paragraph 1(8)(c), the words “and bodies corporate”;

  2. b

    in paragraph 2(1), the words “or, as the case may be, the third condition for disqualification”;

  3. c

    paragraph 2(1A);

  4. d

    in paragraph 2(3)(a), the words “, assisting in providing”;

  5. e

    in paragraph 2(3)(b), the words “assistance in the provision”;

  6. 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—

  1. a

    paragraph 1(2) and (4);

  2. b

    paragraph 2(2) and (3).

I13Part 2Repeals coming into operation under section 20(3)

Annotations:
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”.