(1)Any person who sells to a person F1. . . under the age of sixteen years any tobacco or cigarette papers, whether for his own use or not, shall be liable, [F2on summary conviction to a fine not exceeding level 4 on the standard scale.]
. . . F3
[F4(1A)It shall be a defence for a person charged with an offence under subsection (1) above to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.]
(2)If on application to a court of summary jurisdiction it is proved to the satisfaction of the court that any automatic machine for the sale of tobacco kept on any premises [F5has been used by any person] under the age of sixteen years, the court [F6shall] 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 or, if necessary, to remove the machine, within such time as may be specified in the order, and if any person against whom such an order has been made fails to comply therewith, he shall be liable, on summary conviction, [F7to a fine not exceeding level 4 on the standard scale.]
(3)It shall be the duty of a constable and of a park-keeper being in uniform to seize any tobacco or cigarette papers in the possession of any person apparently under the age of sixteen years whom he finds smoking in any street or public place, and any tobacco or cigarette papers so seized shall be disposed of, if seized by a constable, in such manner as the police authority may direct, and if seized by a park-keeper, in such manner as the authority or person by whom he was appointed may direct.
(4)Nothing in this section shall make it an offence to sell tobacco or cigarette papers to, or shall 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, or is a boy messenger in uniform in the employment of a messenger company and employed as such at the time.
(5)For the purposes of this section the expression “tobacco” includes cigarettes [F8, any product containing tobacco and intended for oral or nasal use]and smoking mixtures intended as a substitute for tobacco, and the expression “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.
[F9(6)For the purposes of subsections (1) and (2) of this section, any substance sold in a container (whether sealed or not) shall, subject to subsections (7) to (9) of this section, be presumed to conform to the description of the substance on the container.
(7)Where a prosecutor (within the meaning of section 462 of the Criminal Procedure (Scotland) Act 1975) intends to rely on subsection (6) of this section, he shall give notice of his intention to the accused or his agent not less than 14 days before the commencement of the trial.
(8)The accused shall not be entitled to challenge the presumption in subsection (6) of this section, unless he or his agent gives notice to the said prosecutor of intention to do so not less than 7 days before the commencement of the trial.
(9)A notice under subsection (7) or (8) of this section shall be by recorded delivery letter, and the execution of the recorded delivery shall be sufficient evidence of the date of posting and of intimation of the notice, which shall be presumed to have been intimated to the addressee on the day after the day on which it was posted, except that, in the case of a notice posted on a Friday or a Saturday, it shall be presumed to have been so intimated on the Monday next following.]
Textual Amendments
F1Word in s. 18(1) omitted (1. 3. 1992) by virtue of Children and Young Persons (Protection from Tobacco) Act 1991 (c. 23, SIF 20), s. 2(2)(a), (with s. 8(3)); S.I. 1992/332, art.2
F2Words in s. 18(1) substituted (1. 3. 1992) by Children and Young Persons (Protection from Tobacco) Act 1991 (c. 23, SIF 20), s. 2(2)(b), (with s. 8(3)); S.I. 1992/332, art.2
F3Proviso repealed by Protection of Children (Tobacco) Act 1986 (c. 34 SIF 20), s. 2(1)(a)(2)
F4S. 18(1A) inserted (1. 3. 1992) by Children and Young Persons (Protection from Tobacco) Act 1991 (c. 23, SIF 20), s. 2(3), (with s. 8(3)); S.I. 1992/332, art.2
F5Words in s. 18(2) substituted (1. 3. 1992) by Children and Young Persons (Protection from Tobacco) Act 1991 (c. 23, SIF 20), s. 2(4)(a), (with s. 8(3)(4)); S.I. 1992/332, art.2
F6Word substituted by Protection of Children (Tobacco) Act 1986 (c. 34, SIF 20), s. 2(1)(b)(2)
F7Words in s. 18(2) substituted (1. 3. 1992) by Children and Young Persons (Protection from Tobacco) Act 1991 (c. 23, SIF 20), s. 2(4)(b), (with s. 8(3)); S.I. 1992/332, art.2
F8Words inserted by Protection of Children (Tobacco) Act 1986 (c. 34, SIF 20), s. 2(1)(c)
F9S. 18(6)–(9) inserted by Protection of Children (Tobacco) Act 1986 (c. 34, SIF 20), s. 2(1)(d)
Modifications etc. (not altering text)
C1In s. 18 definition of 'tobacco' applied (20. 2. 1993) by Children and Young Persons (Protection from Tobacco) Act 1991 (c. 23, SIF 20), s. 4(8); S.I. 1992/3227, art.2(2)
C2S. 18(2) saved (1. 3. 1992) by Children and Young Persons (Protection from Tobacco) Act 1991 (c. 23, SIF 20), s. 8(4)(5); S.I. 1992/332, art.2