Children and Young Persons Act 1933

[F1 12B Restricted sale orders E+W

(1) This section applies where a person (“the offender”) is convicted of a tobacco [F2 or nicotine] offence (“the relevant offence”).

(2) The person who brought the proceedings for the relevant offence may by complaint to a magistrates' court apply for a restricted sale order to be made in respect of the offender.

(3) A restricted sale order is an order prohibiting the person to whom it relates—

(a) from selling any tobacco [F3 , cigarette papers or nicotine product] to any person,

(b) from having any management functions in respect of any premises in so far as those functions relate to the sale on the premises of tobacco [F4 , cigarette papers or nicotine products] to any person,

(c) from keeping any F5 ... machine on any premises for the purpose of selling tobacco [F6 or nicotine products] or permitting any F5 ... machine to be kept on any premises by any other person for that purpose, and

(d) from having any management functions in respect of any premises in so far as those functions relate to any F7 ... machine kept on the premises for the purpose of selling tobacco [F8 or nicotine products].

(4) The order has effect for the period specified in the order, but that period may not exceed one year.

(5) The court may make the order if (and only if) it is satisfied that, on at least 2 occasions within the period of 2 years ending with the date on which the relevant offence was committed, the offender has committed other tobacco [F9 or nicotine] offences.

(6) In this section any reference to a F10 ... machine is a reference to an automatic machine for the sale of tobacco [F11 or nicotine products].]

Textual Amendments

F1 Ss. 12A-12D and preceding cross-heading inserted (1.4.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 143(2), 153; S.I. 2009/860, art. 2(c)

F2 Words in s. 12B(1) inserted (1.10.2014 for specified purposes, 1.10.2015 in so far as not already in force) by Children and Families Act 2014 (c. 6), ss. 93(4)(a), 139(6); S.I. 2014/2609, art. 2; S.I. 2015/375, art. 3

F3 Words in s. 12B(3)(a) substituted (1.10.2014 for specified purposes, 1.10.2015 in so far as not already in force) by Children and Families Act 2014 (c. 6), ss. 93(4)(b)(i), 139(6); S.I. 2014/2609, art. 2; S.I. 2015/375, art. 3

F4 Words in s. 12B(3)(b) substituted (1.10.2014 for specified purposes, 1.10.2015 in so far as not already in force) by Children and Families Act 2014 (c. 6), ss. 93(4)(b)(ii), 139(6); S.I. 2014/2609, art. 2; S.I. 2015/375, art. 3

F5 Word in s. 12B(3)(c) omitted (1.10.2014 for specified purposes, 1.10.2015 in so far as not already in force) by virtue of Children and Families Act 2014 (c. 6), ss. 93(4)(b)(iii), 139(6); S.I. 2014/2609, art. 2; S.I. 2015/375, art. 3

F6 Words in s. 12B(3)(c) inserted (1.10.2014 for specified purposes, 1.10.2015 in so far as not already in force) by Children and Families Act 2014 (c. 6), ss. 93(4)(b)(iv), 139(6); S.I. 2014/2609, art. 2; S.I. 2015/375, art. 3

F7 Word in s. 12B(3)(d) omitted (1.10.2014 for specified purposes, 1.10.2015 in so far as not already in force) by virtue of Children and Families Act 2014 (c. 6), ss. 93(4)(b)(iii), 139(6); S.I. 2014/2609, art. 2; S.I. 2015/375, art. 3

F8 Words in s. 12B(3)(d) inserted (1.10.2014 for specified purposes, 1.10.2015 in so far as not already in force) by Children and Families Act 2014 (c. 6), ss. 93(4)(b)(iv), 139(6); S.I. 2014/2609, art. 2; S.I. 2015/375, art. 3

F9 Words in s. 12B(5) inserted (1.10.2014 for specified purposes, 1.10.2015 in so far as not already in force) by Children and Families Act 2014 (c. 6), ss. 93(4)(c), 139(6); S.I. 2014/2609, art. 2; S.I. 2015/375, art. 3

F10 Word in s. 12B(6) omitted (1.10.2014 for specified purposes, 1.10.2015 in so far as not already in force) by virtue of Children and Families Act 2014 (c. 6), ss. 93(4)(d)(i), 139(6); S.I. 2014/2609, art. 2; S.I. 2015/375, art. 3

F11 Words in s. 12B(6) inserted (1.10.2014 for specified purposes, 1.10.2015 in so far as not already in force) by Children and Families Act 2014 (c. 6), ss. 93(4)(d)(ii), 139(6); S.I. 2014/2609, art. 2; S.I. 2015/375, art. 3