Statutory Instruments
2007 No. 767
children and young persons, england and wales
public health, england and wales
The Children and Young Persons (Sale of Tobacco etc. ) Order 2007
Made
7th March 2007
Coming into force
1st October 2007
The Secretary of State for Health, in exercise of the powers conferred by sections 13, 79(3) and 80(3) and (8) of the Health Act 2006( 1 ) makes the following Order, a draft of which was laid before Parliament in accordance with section 79(4) of that Act and approved by a resolution of each House of Parliament:—
Citation, commencement and interpretation
1. —(1) This Order may be cited as the Children and Young Persons (Sale of Tobacco etc.) Order 2007.
(2) This Article and Article 2(a), so far as it amends the side-note to section 7 of the 1933 Act, come into force on 1st October 2007.
(3) Article 2(a), so far as it amends section 7(1) of the 1933 Act, comes into force on 1st October 2007 in relation to sales on or after that day.
(4) Article 2(a), so far as it amends section 7(2) of the 1933 Act, comes into force on 1st October 2007 in relation to the use of machines on or after that day.
(5) Article 2(b) comes into force on 1st October 2007 in relation to orders made under section 7(2) of the 1933 Act as amended by this Order.
(6) Article 3 comes into force on 1st October 2007 in relation to the exhibition of notices on or after that day.
(7) In this Order “the 1933 Act” means the Children and Young Persons Act 1933( 2 ).
Substitution of references to age in sections 7 and 102 of the 1933 Act
2. For the word “sixteen” there is substituted the word “eighteen” in the following provisions of the 1933 Act—
(a) subsections (1) and (2) of, and the side-note to, section 7 (sale of tobacco, etc , to persons under sixteen); and
(b) section 102(1)(e) (appeals to the Crown Court).
Substitution of references to age in statements required by section 4 of the Children and Young Persons (Protection from Tobacco) Act 1991
3. In section 4 of the Children and Young Persons (Protection from Tobacco) Act 1991( 3 )—
(a) in the statement in subsection (1) (warning statement in retail premises) for “the age of 16” there is substituted “the age of 18”; and
(b) in the statement in subsection (2) (warning statement on automatic machines for the sale of tobacco) for “aged 16 or over” there is substituted “aged 18 or over”.
Signed by authority of the Secretary of State for Health
Caroline Flint
Minister of State for Public Health,
Department of Health
7th March 2007
1933 c.12 . Section 7 has been amended by the Protection of Children (Tobacco) Act 1986 (c.34) , section 1; the Children and Young Persons (Protection from Tobacco) Act 1991 (c.23) , section 1 and the Courts Act 2003 (c.39) , section 108 and Schedule 8, paragraph 72.