The Nicotine Inhaling Products (Age of Sale and Proxy Purchasing) Regulations (Northern Ireland) 2021

Explanatory note

Reproduced verbatim from the instrument as published on legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). The note is prepared by the responsible government department and is not part of the instrument itself.

These Regulations, made under section 1 of the Health (Miscellaneous Provisions) Act (Northern Ireland) 2016, contain provisions to make it an offence to sell nicotine inhaling products to persons aged under 18 and for an adult to purchase nicotine inhaling products on behalf of a person aged under 18.

Regulation 2 amends Article 4A of the Health and Personal Social Services (Northern Ireland) Order 1978. Under that Article, it is an offence for an adult to purchase tobacco or cigarette papers on behalf of someone under 18. That Article is amended so that it is also an offence for an adult to purchase relevant nicotine products on behalf of someone under 18.

Regulation 3 amends Article 7 of the Health and Personal Social Services (Northern Ireland) Order 1978 to include a definition of a relevant nicotine product.

Regulation 4 prohibits the sale of nicotine inhaling products to someone under the age of 18.

Regulation 5 provides for an exception to the prohibition in regulation 4 if the product is licenced as either a medicinal product or a medical device and is sold by prescription.

Regulation 6 provides for an exception to the prohibition in regulation 4 if the product is an authorised medicinal product which has been indicated for the treatment of persons that are of the age of the person the product is sold to.