Restriction on
Smoking (Amendment No. 3) (Jersey)
Law 2013
A LAW to amend further the Restriction
on Smoking (Jersey) Law 1973.
Adopted by the
States 30th April 2013
Sanctioned by
Order of Her Majesty in Council 13th June 2013
Registered by the
Royal Court 21st
June 2013
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
1 Interpretation
In this Law “principal Law”
means the Restriction on Smoking (Jersey) Law 1973[1].
2 Article 1
amended
In Article 1 of the principal Law –
(a) in paragraph (1)(b)(iii)
the words “including the sale of tobacco to those persons by means of a
vending machine” shall be deleted;
(b) in paragraph (4)(c)
the words “(including a premises in which tobacco is sold by means of a
vending machine)” shall be deleted.
3 Article 1B
substituted
For Article 1B of the principal Law there shall be substituted
the following Article –
The States may by Regulations
make provision for the sale of tobacco by means of a vending machine to be
prohibited.”.
4 Article 1F
amended
For Article 1F(4)(b) of the principal Law there shall be
substituted the following sub-paragraph –
“(b) Regulations made under Article 1B,
an authorized officer may at all reasonable times –
(i) enter
premises (other than a dwelling) in respect of which the Regulations have effect,
(ii) make
such examination and investigation as may, in the circumstances, be necessary,
(iii) take
such photographs and make such recordings as the authorized officer considers
necessary for the purposes of any examination or investigation,
(iv) require
the licence holder or occupier of those premises, as the case may be, to
produce any documents that are necessary for the purposes of any examination or
investigation by the authorized officer,
(v) inspect
and take copies of, or copies of any entry in, those documents,
(vi) where
the authorized officer reasonably suspects that a provision of the Regulations
is being, or has been contravened, require any person on those premises to state
his or her name and address;”.
5 Article 2
amended
For Article 2 of the principal Law there shall be substituted
the following Article –
(1) Regulations under this Law may provide that
a person who contravenes a specified provision of the Regulations shall be
guilty of an offence and liable to either or both of the following –
(a) imprisonment for a length of time specified
in the Regulations not exceeding 2 years;
(b) a fine (whether specified to be on the
standard scale or otherwise).
(2) Regulations under this Law may provide for a
defence in proceedings for an offence under the Regulations either generally or
in specified circumstances and for offences by a limited liability partnership,
a separate limited partnership and a body corporate.”.
6 Citation
and commencement
This Law may be cited as the
Restriction on Smoking (Amendment No. 3) (Jersey) Law 2013 and will
come into force on such day as the States may by Act appoint.
m.n. de la haye
Greffier of the States