Health (Miscellaneous Provisions) Act (Northern Ireland) 2016

2016 CHAPTER 26

An Act to regulate the sale or use of nicotine products and tobacco, to make provision in relation to sugar sweetened drinks, to amend the Health and Personal Social Services (Northern Ireland) Order 1972 and the Health (Miscellaneous Provisions) Act (Northern Ireland) 2008 in relation to the provision of health care, to raise awareness of human transplantation; and for connected purposes.

Enacted[12th May 2016]

BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:

PART 1 Sale or use of nicotine products and tobacco¶

^I31 Prohibition of sale of nicotine products to persons under 18¶

1 The Department may by regulations make provision prohibiting the sale of nicotine products to persons aged under 18.

2 A person who breaches a prohibition in regulations under subsection (1) commits an offence.

3 Subsection (2) does not apply if—

a at the time of the sale, the person to whom the nicotine product is sold is employed by a manufacturer of nicotine products to which regulations under subsection (1) apply or by a dealer in such products (whether wholesale or retail); and

b the purchase of the product is for the purposes of the manufacturer's or dealer's business.

4 Where a person is charged with an offence under this section it is a defence that the person took all reasonable precautions and exercised all due diligence to avoid committing the offence.

5 A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

6 The Department may by regulations—

a amend Article 4A of the Health and Personal Social Services (Northern Ireland) Order 1978 (purchase of tobacco on behalf of persons under 18) so as to apply it (with or without modifications) in relation to nicotine products; or

b provide for that Article to apply (with or without modifications) in relation to nicotine products.

^I42 Prohibition of sale of nicotine products from vending machines¶

1 The Department may by regulations make provision prohibiting the sale of nicotine products from an automatic machine.

2 The regulations must make provision as to the persons who are liable in the case of any breach of a prohibition.

3 A liable person who breaches a prohibition in regulations under subsection (1) commits an offence.

4 A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

3 Amendments consequential on sections 1 and 2¶

^I91 Schedule 1 makes amendments consequential on sections 1 and 2.

^I52 The Department may by regulations make provision amending, repealing, revoking or otherwise modifying any statutory provision (whenever passed or made) in connection with provision made by or under section 1 or 2.

^I74 Amendment of the Order of 1991¶

In Article 4A(4) of the Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991 (prohibition of sale of tobacco from vending machines), for “level 4” substitute “ level 5 ”.

^I8^I105 Prohibition of use of tobacco or nicotine products in a private vehicle¶

1 The Smoking (Northern Ireland) Order 2006 is amended in accordance with subsections (2) to (7).

2 In Article 6 (smoke-free vehicles)—

a after paragraph (1) insert—

;

b in paragraph (2), for “The regulations” substitute “ Regulations under this Article ”.

3 In Article 10 (fixed penalties)—

a for the heading substitute “ Fixed penalties ”;

b in paragraph (1), for “, or in a place or vehicle,” substitute “ or in a place ”;

c after paragraph (1) insert—

4 In Article 11 (enforcement)—

a for the heading substitute “ Enforcement ”;

b in paragraph (1), for “premises, places and vehicles” substitute “ premises and places ”;

c after paragraph (1) insert—

;

d in paragraph (2)—

i after “district council” insert “ or other enforcement authority ”;

ii after “the council” insert “ or other authority ”;

iii for “authorised by it” substitute “ authorised by that council or other authority ”.

5 In Article 12(1) (obstruction of officers), after “district council” insert “ or other enforcement authority ”.

6 In Article 15(3) (regulations subject to affirmative procedure)—

a in sub-paragraph (a), for “or 14” substitute “ , 10(1B) or 14 ”;

b in sub-paragraph (b), for “or 8” substitute “ , 8 or 18 ”.

7 In Schedule 1 (fixed penalties), after paragraph 17 add—

8 The Department may by regulations make provision prohibiting the use of nicotine products in a private vehicle where a person under the age of 18 is present in the vehicle, and such regulations may for that purpose amend, or apply with modifications, the provisions of the Smoking (Northern Ireland) Order 2006 to nicotine products.

6 Review¶

1 The Department must not later than 3 years after the commencement of this section review and publish a report on the implementation of Part 1.

2 Regulations made by the Department under this section shall set out the terms of the review.

^I67 Interpretation of Part 1¶

1 For the purposes of this Part “nicotine product” means—

a a device which is intended to enable nicotine to be consumed by an individual or otherwise to be delivered into the human body;

b an item which is intended to form part of a device within paragraph (a); or

c a substance or item which consists of or contains nicotine and which is intended for human consumption or otherwise to be delivered into the human body.

2 It does not matter for the purposes of subsection (1)(a) whether the device is also intended to enable any other substance to be consumed by an individual or otherwise to be delivered into the human body.

3 The following are not nicotine products for the purposes of this Part—

a tobacco;

b cigarette papers;

c any device which is intended to be used for the consumption of lit tobacco.

4 In this section “tobacco” has the same meaning as in Part 2 of the Health and Personal Social Services (Northern Ireland) Order 1978.

PART 2 Levy on sugar sweetened drinks¶

8 Levy on sugar sweetened drinks¶

1 The Department must carry out a study on a levy on sugar sweetened drinks within two years of enactment of this Act.

2 The study required by subsection (1) should include—

a a definition of sugar sweetened drinks;

b which sugar sweetened drinks should be subject to a levy;

c factors to be considered in determining and administering a levy;

d the financial rate at which a levy may be set;

e the anticipated health and economic impacts of the levy; and

f the options for funding measures to address adverse health conditions associated with the consumption of sugary drinks derived from the levy revenue.

PART 3 Miscellaneous Provisions¶

9 Persons performing primary dental services¶

1 Section 2(2) of the Act of 2008, which substitutes new Articles 61 to 61F of the Order of 1972, is amended as follows.

2 Before the new Article 61F (persons providing general dental services), insert new cross-heading “ Persons performing primary dental services ”.

3 In the new Article 61F—

a for the heading substitute “ Persons performing primary dental services ”;

b for paragraph (1) substitute—

;

c for paragraph (2)(b) substitute—

10 Ophthalmic services¶

1 In Article 62(2) of the Order of 1972 (arrangements for general ophthalmic services), after “shall include provision” insert—

a for the preparation and publication of lists of medical practitioners, and ophthalmic opticians respectively, who undertake to provide general ophthalmic services;

b for conferring a right, subject to any provision made under Article 64C and to the provisions of this Order relating to the disqualification of persons providing services, on any medical practitioner having the prescribed qualifications or ophthalmic optician who wishes to be included in the appropriate list, to be so included;

c for conferring on any medical practitioner, who is dissatisfied with a determination that he or she does not possess the qualifications prescribed under this Article, a right of appeal to a committee appointed by the Department, and for making provision for any matter for which it appears to the Department to be necessary or expedient to make provision in consequence of the conferring of that right;

2 Omit Article 62A of the Order of 1972.

11 Pharmaceutical services¶

1 Article 63AA of the Order of 1972 (persons providing pharmaceutical services) is amended as follows.

2 Omit paragraph (1).

3 In paragraphs (2) and (3), for “Regulations under paragraph (1)” substitute “ Regulations under Article 63 ”.

4 In paragraph (2), before sub-paragraph (a) insert—

5 After paragraph (3) insert—

6 Omit paragraphs (4) and (5).

12 Disqualification by the Tribunal¶

1 Schedule 11 to the Order of 1972 (disqualification of persons providing Part 6 services) is amended as follows—

a for paragraph 1(2) substitute—

;

b for paragraph 1(6) substitute—

;

c in paragraph 1(7A), at the beginning insert “ Subject to sub-paragraph (7B), ”;

d after paragraph 1(7A) insert—

;

e in paragraph 1(8)(c), omit “and bodies corporate”;

f for paragraph 1(8)(d) substitute—

;

g for paragraph 1(8)(e) substitute—

;

h in paragraph 1(8A), for “sub-paragraph (8)(a)” substitute “ sub-paragraph (8) ”;

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

j omit paragraph 2(1A);

k in paragraph 2(3)(a), omit “, assisting in providing,”;

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

m for paragraph 3(2) substitute—

;

n in paragraph 4(2)(c)(i), omit “, undertakes to provide or assists in providing”;

o in paragraph 4(5)(aa), for “, 61F, 62A or 63AA” substitute “ or 61F ”;

p in paragraph 5(4), after “providing,” insert “ approved to assist in providing ”;

q in paragraph 7(1)(a), for “, approved to assist in providing or approved to perform” substitute “ or approved to assist in providing ”;

r in paragraph 9(8), for “61F, 62A or 63A,” substitute “ or 61F, ”.

2 Until the coming into operation of section 2 of the Act of 2008, Schedule 11 to the Order of 1972 (as amended by subsection (1)) has effect with the following modifications—

a in paragraph 1(6)(a), omit “or (c)”;

b in paragraph 1(6)(b), for “(d) or (e)” substitute “ (c), (d) or (e) ”;

c in paragraph 1(7B), omit “or (c)”;

d for paragraph 1(8)(c) substitute—

^F1^I113 Provision of medical or dental services: Article 15B arrangements¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14 Charges for services provided to persons not ordinarily resident in Northern Ireland¶

In Article 42(2) of the Order of 1972 (provision of services to persons not ordinarily resident in Northern Ireland), after “the Department may,” insert “ subject to such exemptions as may be prescribed and ”.

PART 4 Human Transplantation¶

^I2515 Duty to promote transplantation¶

1 The Department must—

a promote transplantation, and

b provide information and increase awareness about transplantation and the donation for transplantation of parts of the human body.

2 The duty under subsection (1) includes in particular a duty to promote a campaign informing the public at least once a year.

3 The duty under subsection (2) must be discharged in such a way that the public are at least once a year given—

a information about the effect of the legislation about deemed consent for transplantation of parts of a person’s body after their death, and

b information about how a person can during their lifetime—

i record their own decisions about transplantation after their death of parts of their body, or

ii appoint someone to make decisions after their death about transplantation of parts of their body.

^I2616 Annual report on transplantation¶

1 The Department must lay before the Assembly, in respect of each financial year, a report about transplantation in that year.

2 The report must include—

a the steps taken by the Department to fulfil the duties set out in section 15, and

b the number and nature of transplantations carried out.

3 At least once every five financial years, the report must include—

a the opinion of the Department as to whether this Act , and the amendments made in section 3 of the Human Tissue Act 2004 by the Organ and Tissue Donation (Deemed Consent) Act (Northern Ireland) 2021, have been effective in promoting transplantation, and

b any recommendations the Department considers appropriate for amending the law so as to promote transplantation.

PART 5 General¶

17 Interpretation¶

In this Act—

“the Act of 2008” means the Health (Miscellaneous Provisions) Act (Northern Ireland) 2008;
“the Department” means the Department of Health, Social Services and Public Safety;
“the Order of 1972” means the Health and Personal Social Services (Northern Ireland) Order 1972;
“statutory provision” has the meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland) 1954.

18 Regulations and orders¶

1 No regulations shall be made under this Act unless a draft of the regulations has been laid before, and approved by, a resolution of the Assembly.

2 Regulations and orders made by the Department under this Act may contain such incidental, supplementary, transitional, transitory or saving provisions as appear to the Department to be necessary or expedient.

^I2^I2319 Repeals¶

The statutory provisions set out in Schedule2 are hereby repealed to the extent specified in the second column of that Schedule.

20 Commencement¶

1 This section and sections 17, 18 and 21 come into operation on the day after the day on which this Act receives Royal Assent.

2 The following provisions come into operation on the expiration of the period of one month from the day on which this Act receives Royal Assent—

a sections 9 to 12;

b section 13(3)(a)(i) and (5);

c section 14; and

d Part 1 of Schedule 2 and section 19 so far as it relates to that Part of that Schedule.

3 The remaining provisions of this Act come into operation on such day or days as the Department may by order appoint.

21 Short title¶

This Act may be cited as the Health (Miscellaneous Provisions) Act (Northern Ireland) 2016.

SCHEDULES

SCHEDULE 1 ¶

AMENDMENTS CONSEQUENTIAL ON SECTIONS 1 AND 2

Section 3(1).

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

^I111In 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—

;

c after paragraph (1A) insert—

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

^I122The Tobacco Retailers Act (Northern Ireland) 2014 is amended as follows.

^I133In the italic heading before section 5, after “tobacco” insert “ or nicotine ”.

^I144In 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—

;

iv at the end of paragraph (g), add—

^I155In 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—

^I166In section 8(4) (restricted premises orders: display of notices), for “or cigarette papers” substitute “ , cigarette papers or nicotine products ”.

^I177In 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 ”.

^I188In section 10(4)(a) (offences), for “or cigarette papers” substitute “ , cigarette papers or nicotine products ”.

^I199In section 11(1)(a) (powers of entry)—

a after sub-paragraph (iii) add—

;

b after sub-paragraph (iv) add—

^I2010In section 12(1) (fixed penalties for certain offences)—

a after paragraph (c) add—

;

b after paragraph (d) add—

^I2111In section 16 (council's duty to share information about enforcement), in subsections (1)(a) and (b) and (3), after “tobacco” insert “ or nicotine ”;

^I2212In section 22(1) (interpretation), insert at the appropriate place—

SCHEDULE 2 ¶

REPEALS

Section 19.

Part 1 Repeals 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— in paragraph 1(8)(c), the words “and bodies corporate”; in paragraph 2(1), the words “or, as the case may be, the third condition for disqualification”; paragraph 2(1A); in paragraph 2(3)(a), the words “, assisting in providing”; in paragraph 2(3)(b), the words “assistance in the provision”; 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— paragraph 1(2) and (4); paragraph 2(2) and (3).

^I24 Part 2 Repeals coming into operation under section 20(3)¶

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”.
The Tobacco Retailers Act (Northern Ireland) 2014 (c. 4)	In section 6(4)(c) and (d), the word “cigarette”.

Footnotes

I1
S. 13 partly in operation; s. 13(3)(a)(i)(5) in operation at 13.6.2016 see s. 20(2)(b)
I2
S. 19 partly in operation; s. 19 in operation for certain purposes at 13.6.2016 see s. 20(2)(d)
I3
S. 1 in operation at 1.6.2017 by S.R. 2017/91, art. 2(a)
I4
S. 2 in operation at 1.6.2017 by S.R. 2017/91, art. 2(b)
I5
S. 3(2) in operation at 1.6.2017 by S.R. 2017/91, art. 2(c)
I6
S. 7 in operation at 1.6.2017 by S.R. 2017/91, art. 2(f)
I7
S. 4 in operation at 1.6.2017 by S.R. 2017/91, art. 2(d) (with art. 3)
I8
S. 5 in operation at 1.6.2017 for specified purposes by S.R. 2017/91, art. 2(e)
I9
S. 3(1) in operation at 1.2.2022 by S.R. 2021/329, art. 2(a)
I10
S. 5 in operation at 1.2.2022 in so far as not already in operation by S.R. 2021/329, art. 2(b)
I11
Sch. 1 para. 1 in operation at 1.2.2022 by S.R. 2021/329, art. 2(c)
I12
Sch. 1 para. 2 in operation at 1.2.2022 by S.R. 2021/329, art. 2(c)
I13
Sch. 1 para. 3 in operation at 1.2.2022 by S.R. 2021/329, art. 2(c)
I14
Sch. 1 para. 4 in operation at 1.2.2022 by S.R. 2021/329, art. 2(c)
I15
Sch. 1 para. 5 in operation at 1.2.2022 by S.R. 2021/329, art. 2(c)
I16
Sch. 1 para. 6 in operation at 1.2.2022 by S.R. 2021/329, art. 2(c)
I17
Sch. 1 para. 7 in operation at 1.2.2022 by S.R. 2021/329, art. 2(c)
I18
Sch. 1 para. 8 in operation at 1.2.2022 by S.R. 2021/329, art. 2(c)
I19
Sch. 1 para. 9 in operation at 1.2.2022 by S.R. 2021/329, art. 2(c)
I20
Sch. 1 para. 10 in operation at 1.2.2022 by S.R. 2021/329, art. 2(c)
I21
Sch. 1 para. 11 in operation at 1.2.2022 by S.R. 2021/329, art. 2(c)
I22
Sch. 1 para. 12 in operation at 1.2.2022 by S.R. 2021/329, art. 2(c)
I23
S. 19 in operation at 1.2.2022 for specified purposes by S.R. 2021/329, art. 2(d)
I24
Sch. 2 Pt. 2 in operation at 1.2.2022 for specified purposes by S.R. 2021/329, art. 2(d)
I25
S. 15 in operation at 1.4.2022 by S.R. 2022/10, art. 2(a)
I26
S. 16 in operation at 1.4.2022 by S.R. 2022/10, art. 2(b)
F1
S. 13(1) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 256; S.R. 2022/102, art. 2(b)
F2
S. 15(3) added (13.2.2023) by Organ and Tissue Donation (Deemed Consent) Act (Northern Ireland) 2022 (c. 10), ss. 1(7), 2(2); S.R. 2023/14, art. 2
F3
Words in s. 16(3)(a) substituted (13.2.2023) by Organ and Tissue Donation (Deemed Consent) Act (Northern Ireland) 2022 (c. 10), ss. 1(8), 2(2); S.R. 2023/14, art. 2