Restriction on
Smoking (Jersey) Law 1973
A LAW to enable the States to make Regulations
for the purposes of reducing the risks to health due to smoking and tobacco,
including the use of tobacco and exposure to smoke from ignited tobacco, the
prohibition or restriction of smoking substances other than tobacco, to
prohibit or restrict advertising and certain marketing practices relating to
tobacco and tobacco products, to provide in the Law for Orders that relate to
notices relating to the danger to health of smoking and prohibitions and
restrictions, for enforcement of the Regulations and for related matters[1]
Commencement
[see endnotes]
A1 Interpretation[2]
In this Law, unless the
context otherwise requires –
“1948 Law” means
the Tourism (Jersey) Law 1948;
“1967 Law” means
the Places of Refreshment (Jersey) Law 1967;
“1974 Law” means
the Licensing (Jersey) Law 1974;
“1989 Law” means
the Health and Safety at Work (Jersey) Law 1989;
“2005 Law” means
the States of Jersey Law 2005;
“advertisement”,
in relation to smoking or tobacco (or a tobacco product) includes every form of
recommendation of smoking or tobacco (or a tobacco product) to the public
including –
(a) a
statement of the name of a manufacturer or importer of a tobacco (or a tobacco
product);
(b) the
name of any brand of tobacco (or a tobacco product);
(c) a
statement of any trade description or designation or the display or other publication
or a trademark, emblem, marketing image or logo, by reference to which the
tobacco (or tobacco product) is marketed or sold, in circumstances where such
statement, display or publication may reasonably be regarded as a
recommendation to the public;
(d) a
statement of the properties of the tobacco on a label, container, wrapper,
package, circular, pamphlet or brochure issued to the public or given to a
purchaser with the public;
“aircraft” means
any aeroplane or helicopter that is –
(a) on
the ground in Jersey; or
(b) flying
to or from Jersey in the airspace above Jersey and the territorial sea adjacent
to Jersey;
“authorized
officer” shall be construed in accordance with Article 1F;
“brandsharing” means the use by a
person in the course of that person’s business
–
(a) of
any feature in connection with any service or product unrelated to tobacco,
such feature being the same as any feature that is connected
with tobacco or is so similar as to be likely to be mistaken for that
feature; or
(b) of
any feature in connection with tobacco, such feature being the same as any
feature that is connected with any service or product unrelated to tobacco or
is so similar as to be likely to be mistaken for that feature;
“cigarette”
means a tobacco product that can be consumed by means of a combustion process
and that is –
(a) a
roll of tobacco (or of tobacco and another substance) that is capable of being
smoked as it is; or
(b) a
roll of tobacco (or of tobacco and another substance) that is designed to be,
by simple non-industrial handling –
(i) wrapped
in cigarette paper, or
(ii) inserted
into a cigarette-paper tube;
“club” means any
premises or place that are, or is, used by, and for the purposes of, a club,
society or other body of persons, whether incorporated or unincorporated, and
whether that use is for profit or otherwise;
“coupon” means a
document or other thing which (whether by itself or not) can be redeemed for a
product, service, cash or other benefit;
“dwelling” means
any place (whether it is premises or otherwise) in which a person resides that
is the private residence of that person and includes, in relation to that
place, any –
(a) garden
and yard; and
(b) garage
and outhouse,
but in the case of a dwelling
that is located within a workplace (or a part of a workplace), does not include
any area, garden, yard, garage or outhouse used in common with the workplace
(or part);
“employee” has
the meaning assigned to it by the 1989 Law;
“feature”
means a name, emblem, logo, trademark, symbol, motto, type-face, colour or pattern of
colour, picture, artwork, imagery, appearance or other message, whether alone
or in combination;
“licence” has
the meaning assigned to it by the 1974 Law and ‘holder of a licence’
shall be construed accordingly;
“licensed premises”
has the meaning assigned to it by the 1974 Law;
“Minister” means
the Minister for Health and Social Services;
“motor vehicle”
means any mechanically propelled vehicle, intended or adapted for use on roads;
“movable
structure” includes a structure that is designed or adapted for human
occupation and is capable of being moved from one place to another
by –
(a) being towed; or
(b) being transported on a motor vehicle or
trailer,
whether or not it can be
detached from the vehicle that has towed or transported it;
“point of sale”
means a point within any fixed or movable premises at which a gantry or display
unit that is –
(a) fixed to one place within fixed or movable
premises; and
(b) primarily used for the display of tobacco to
customers;
“public” means
the public generally or any section of the public, however selected;
“public service
vehicle” means a public service vehicle within the meaning of the Motor Traffic (Jersey) Law 1935 that is within a class specified in Article 5(1) of that Law;
“public
transport” means the classes of public service vehicles as defined in
Article 5(1) of the Motor Traffic (Jersey) Law 1935;
“self-employed
person” has the meaning assigned to it by the 1989 Law;
“ship or vessel”
means –
(a) a
Jersey ship within the meaning of Article 2 of the Shipping (Jersey) Law 2002 that is –
(i) within
the territorial sea adjacent to Jersey, or
(ii) in
a harbour, port or other place in Jersey; or
(b) any
ship, vessel or boat of any description that is used in navigation, to which
paragraph (a) does not apply, that is –
(i) wholly
owned by a person ordinarily resident in Jersey or by a company incorporated in
Jersey,
(ii) not
registered under the law of the United Kingdom, any of the other Channel
Islands, the Isle of Man or any other country outside
Jersey, and
(iii) within
the territorial sea adjacent to Jersey or in a harbour, port or other place in Jersey;
“smoking”
means –
(a) being
in possession of ignited tobacco;
(b) being
in possession of a pipe or other smoking equipment in which tobacco is ignited;
or
(c) being
in possession of a substance (or a mixture of substances) that is not tobacco
nor anything that is customarily used as incense and the substance (or mixture)
is ignited, or being in possession of a pipe or other smoking equipment in
which a substance (or a mixture of substances) that is not tobacco nor anything
that is customarily used as incense is ignited,
and “smoke”
shall be construed accordingly;
“sold” includes
offered for sale (or offered for sale and sold) whether by retail or otherwise
and cognate words shall be construed accordingly;
“sponsorship
agreement” is an agreement under which, in the course of a business, a
party to it makes a contribution towards something, whether the contribution is
in money or takes some other form including the provision of services or of
contributions in kind that promotes tobacco in Jersey;
“tobacco” means
all or any of the following items derived from the tobacco plant –
(a) a cigarette;
(b) leaves
and other natural processed or unprocessed parts of tobacco plants, including
expanded and reconstituted tobacco;
(c) cut
tobacco (including hand-rolling tobacco);
(d) any thing that consists in whole or in part of tobacco,
including cut tobacco, hand-rolling tobacco and tobacco leaf or any of them;
(e) tobacco
to which paragraph 6 of Part 2 of Schedule 1 to the Customs and Excise (Jersey) Law 1999 applies,
but does not include a
product that contains nicotine for use in the treatment of addiction to tobacco
or any other medicinal purpose;
“tobacco
product” means any of the following –
(a) any
cigarette paper, tube or filter or other thing manufactured for use in smoking;
(b) any thing on which an emblem, symbol, logo, image or name
of tobacco or a manufacturer of tobacco is printed or affixed;
(c) a
coupon used for promotion of tobacco;
“use of tobacco”
means sucking, sniffing or chewing tobacco;
“vehicle”
includes a motor vehicle that is designed or adapted for human occupation and
is capable of being moved from one place to another whether by itself or
by –
(a) being towed; or
(b) being transported on a motor vehicle or
trailer,
whether or not it can be
detached from the vehicle that has towed or transported it;
“vending
machine” includes a machine –
(a) that
sells or offers cigarettes for sale; and
(b) in
respect of which a purchaser is permitted to supply himself or herself, either
on or before payment, with tobacco whether by means of the depositing of money
or a token (that is used as a substitute for money) in that machine or otherwise;
“volunteer”
includes a person who is not an employee or a self-employed person but who
carries out a function or an action on a voluntary basis that would, if that
person were an employee or a self-employed person, be an employee’s or a
self-employed person’s work, and the function or action is not carried
out for gain or reward and “workplace” and any reference to the
carrying out by a person of his or her work shall be construed accordingly;
“workplace”
includes any –
(a) premises
in which, land on which, or place at which, a person carries out his or her
work and is required to be in, on or at for the purpose of carrying out his or
her work;
(b) tent,
temporary structure, or movable structure, in which a person carries out his or
her work and is required to be in for the purpose of carrying out his or her work;
(c) ship
or vessel on which a person carries out his or her work and is required to be
on for the purpose of carrying out his or her work;
(ca) aircraft in which
a person carries out his or her work and is required to be for the purposes of
carrying out his or her work;
(d) vehicle,
whether it is a motor vehicle or otherwise, in which a person –
(i) carries
out his or her work if the vehicle is used solely for that purpose, or
(ii) is
required to be for the purpose of carrying out his or her work and the vehicle
is used solely for that purpose;
(e) public
service vehicle in which a person carries out his or her work and is required
to be for the purpose of carrying out his or her work;
(f) any
stairwell, corridor or similar common areas to which a
person referred to in paragraphs (a) to (e) has access when that person is
at work; and
(g) any
canteen, common room, toilet, changing room or similar facility that is
provided for the use of that person while that person is at work,
whether the work referred to
in paragraphs (a) to (e) is carried out occasionally or otherwise and
whether the public has access to the workplace.
1 Power of States to make Regulations
(1) The States may, by Regulations,
make such provisions as they consider necessary for providing against the risks
to health due to smoking and use of tobacco (including exposure to smoke from
ignited tobacco or smoke exhaled by a person who is smoking), and, without
prejudice to the generality of the foregoing, any such Regulations
may –
(a) require
notices of a kind specified in the Regulations to be printed on, or inserted
into, each packet or container of cigarettes and tobacco (including a tobacco
product) imported into, or manufactured in, Jersey, warning of the danger to
health of smoking and use of tobacco and of the nicotine, tar and sugar content
of the cigarettes and tobacco;
(b) prohibit
or restrict, subject to such conditions as may be specified in the Regulations –
(i) smoking
and use of tobacco in places of public entertainment, or public transport,
(ia) smoking
tobacco in a motor vehicle in which a person under the age of 18 years is
present,
(ii) any
advertisement designed to promote the habit of smoking or to promote tobacco or
a particular brand of tobacco (or a tobacco product), including an
advertisement in premises or at a point of sale, the use of a website in
relation to an advertisement and the publication, printing, devising and
distribution of an advertisement (including distribution by transmission in
electronic form),
(iii) the
sale of cigarettes and tobacco to persons under such minimum age as shall be
specified in the Regulations,
(iv) the
promotion of tobacco or a tobacco product (or both of them) including, without
prejudice to the generality of the foregoing, promotion by distribution of tobacco
or a tobacco product (or both of them) with or without charge, making available
any product, coupon or thing (whether with or without charge, or at a discount)
in any circumstances as may be specified in the Regulations, and any agreement
relating to the promotion,
(v) the promotion of tobacco
or a tobacco product (or both of them) by means of brandsharing, and any agreement relating to the promotion,
(vi) the
promotion of tobacco or a tobacco product (or both of them)
by means of sponsorship, and any sponsorship agreement relating to the
promotion.[3]
(2) Without prejudice to
the generality of paragraph (1)(b)(ii), the Regulations may provide
for –
(a) the
electronic means of transmitting an advertisement where it is transmitted in
electronic form;
(b) the
display of an advertisement for tobacco (or an advertisement specifying the
price of tobacco) in a place or on a website where tobacco is offered for sale;
(c) the
prohibition or restriction of the publication of such an advertisement in a
newspaper, periodical, magazine (including a magazine that is made available on
an airplane or a vessel) or class of newspaper, periodical or magazine;
(d) persons
or classes of person participating in the distribution of the advertisement;
and
(e) an
advertisement that is contained in any form of communication whether using
printed or written words, designs, still or moving pictures or images or any
other devices, and whether the medium of communication is tangible by way of
image projection or sound reproduction, computer communication and radio, television or similar broadcast or other medium.[4]
(3) Without prejudice to
the generality of paragraphs (1)(b)(ii) and (1)(b)(iv) to (vi),
Regulations made under any of those paragraphs may –
(a) make
different provision in respect of the prohibition or restriction for persons
involved in the tobacco trade and specialist tobacconists;
(b) make
different provision for persons (or classes of persons) to whom contractual
relationships that arise out of a promotion to which paragraph (b)(iv),
(b)(v) or (b)(vi) applies, or otherwise have effect, on the date on which the
Regulations come into force;
(c) make
different provision for different types and classes of tobacco or tobacco product;
(d) require
notices or warnings of the danger to health of smoking and use of tobacco, as
are specified in the Regulations, to be printed on the packaging or container
of the tobacco or inserted into the container of the tobacco or printed on or
inserted into any thing connected with the promotion;
and
(e) provide
for a duty on any person concerned with the advertisement or promotion
(including any distribution or publication) to which the Regulations have
effect, to
take all reasonable steps to ensure compliance with the Regulations, including
compliance by other persons concerned with the advertisement, promotion, distribution and publication to which the Regulations apply.[5]
(4) Regulations under this
Article may provide for a duty on any of the following –
(a) an
occupier (or a person concerned in the management) of a place of public
entertainment in respect of which the Regulations have effect;
(ab) a person in a
motor vehicle in respect of which the Regulations have effect;
(b) the
proprietor of public transport in respect of which the Regulations have effect;
(c) an
occupier of premises in which tobacco is sold in respect of which the
Regulations have effect;
(d) a
person who imports into, or manufactures in, Jersey a packet or container
referred to in paragraph (1)(a) and a person who sells tobacco in respect
of which the Regulations have effect,
to take all reasonable steps to ensure compliance with the
Regulations, including compliance by other persons on or in those premises, the
place of public entertainment, the motor vehicle or
the public transport, as the case may be, to which the Regulations apply.[6]
(5) The Minister may
prescribe by Order the content and publication requirements for a notice or
warning in respect of which provision has been made in Regulations made under
paragraph (1)(a) or (3)(d) including the size of such notice and the
information, warning, words, images or symbols to be specified
on it.[7]
1A Regulations
for public eating premises[8]
(1) The States may make
Regulations to prohibit or restrict smoking and the use of tobacco in premises
(or a part of premises) –
(a) in
which food is sold, or is supplied otherwise than by sale, to members of the
public for consumption on those premises (or that part); and
(b) to
which members of the public have access (whether on payment of a charge or
otherwise) or are invited to for any purpose or by virtue of membership of any
club or society,
and without prejudice to the generality of the foregoing, such
premises (or part) includes licensed premises but does not include a dwelling.
(2) The Regulations may
make different provision for different parts of premises or classes of premises,
including classes of premises selling, or supplying otherwise than for sale, different
food or classes of food.
(3) Without prejudice to the
generality of paragraph (1), Regulations made under this
Article –
(a) may
make provision in respect of the prohibition or restriction for premises
registered under the 1967 Law and a proprietor to whom that Law applies;
(b) may
make provision for premises registered under the 1948 Law and a proprietor to
whom that Law applies;
(c) may,
where premises referred to in paragraph (1) are licensed
premises –
(i) make
provision for a holder of a licence granted in respect of licensed premises,
and
(ii) make
different provision for licensed premises having regard to the different categories
of licence granted under the 1974 Law;
(d) may specify
a period or periods in which the prohibition or restriction is to apply in
those premises (or part of those premises) and make different provision for that
period or periods for different premises (or parts of premises) or classes of premises
(or parts of premises); and
(e) may
make provision for a duty on an occupier of premises, a proprietor, holder of a
licence and the person having ownership of the business that is carried on in
premises to which this Article applies, including a duty on any of them to take
all reasonable steps to ensure compliance with the Regulations including compliance
by other persons in premises to which the Regulations apply.
(4) Without prejudice to
the generality of paragraph (1), Regulations may make provision for
premises (or a part of premises) in which food is –
(a) sold
for consumption in those premises (or that part); or
(b) supplied
otherwise than by sale for consumption on those premises (or that part),
and the food is sold or supplied in a different part of those
premises to the part in which it is consumed.
1AA Regulations for
workplaces[9]
(1) The States may make
Regulations to prohibit or restrict smoking tobacco or a substance (or a
mixture of substances) other than tobacco, or the use of tobacco, in a
workplace.
(2) Without prejudice to
the generality of paragraph (1), Regulations under this Article may
prohibit a person from smoking, or prohibit the use of tobacco, in all or any
of the following –
(a) licensed
premises;
(b) a club;
(c) premises
registered under the 1948 Law or the 1967 Law;
(d) a
cinema, theatre, concert hall, place of public entertainment and any other
place that is normally used for indoor public entertainment;
(e) a
hospital or other similar premises providing care for persons who are sick.
(3) Without prejudice to
the generality of paragraph (1), Regulations under this Article may
make –
(a) different
provision for a workplace on the basis of whether it is a workplace in, on or
at which employees, self-employed persons or volunteers (or all of them) work;
(b) different
provision for a workplace on the basis of the number of employees,
self-employed persons or volunteers (or all of them) that work in, at or on the
workplace;
(c) different
provision for a workplace according to whether or not
the public has access to it.
(4) Without prejudice to
the generality of paragraph (1) –
(a) if
the Regulations provide for a prohibition or restriction, Regulations made
under this Article may provide for a duty to be placed on any person or persons
in respect of the prohibition or restriction concerned; and
(b) Regulations
made under this Article may include a duty, to which sub-paragraph (a)
refers, to take all reasonable steps to ensure –
(i) compliance
with the Regulations generally or any specified Regulation, and
(ii) compliance
with the Regulations by any other person or persons in the workplace to which
the Regulations apply.
(5) Regulations may specify
the period of time in respect of which the prohibition
or restriction is to apply.
1AB Exemptions in
Regulations for workplaces[10]
(1) Regulations under
Article 1AA may provide for exemptions from the application of part or all of the Regulations or from a specified prohibition or
restriction imposed by those Regulations.
(2) Notwithstanding
Articles 1AA(1) and (2) and without prejudice to the generality of
paragraph (1), the Regulations may exempt from the application of
part or all of those Regulations –
(a) a
dwelling; and
(b) any
part of a workplace that comprises a dwelling.
(3) Notwithstanding
Articles 1AA(1) and (2) and without prejudice to the generality of
paragraph (1), the Regulations may exempt from the application of all or
part of those Regulations, different parts of a workplace.
(4) Without prejudice to
the generality of this Article, the Regulations may exempt from the application
of part or all of those Regulations a workplace that
is not enclosed or any part of a workplace that is not enclosed, and the
Regulations may define the meaning of enclosed.
(5) Without prejudice to
the generality of this Article, an exemption under this Article may include an
exemption from the application of all or part of the Regulations in respect of the
workplace on the basis of all or any of the following –
(a) whether
it is a workplace in, on or at which employees, self-employed persons or
volunteers, or all of them, work;
(b) the
number of employees, self-employed persons or volunteers (or all of them) that
work in, on or at the workplace;
(c) whether
the public has access to the workplace to which the Regulations apply.
1B Prohibition
on sales of tobacco from vending machines[11]
The States may by Regulations make provision for the sale of tobacco
by means of a vending machine to be prohibited.
1C Regulations
to amend Article A1[12]
The States may, by Regulations, amend the definitions in Article A1.
1D Articles 1,
1A, 1AA, 1AB and 1B: supplemental provisions[13]
(1) Without prejudice to
the generality of Articles 1, 1A, 1AA, 1AB and 1B, Regulations made under
any of those Articles may provide for any of the following –
(a) a
requirement to display notices in respect of the prohibition or restriction on
smoking in premises (or a part of premises), a place of public entertainment,
or any public transport, to which the Regulations have effect and, where
appropriate, to display notices specifying where or when the prohibition or
restriction on smoking does not apply;
(aa) a requirement to
display notices in respect of –
(i) the
prohibition or restriction in a workplace to which Regulations made under
Article 1AA have effect, and
(ii) the
exemption (if any) under Article 1AB from the application of all or part
of the Regulations,
and where appropriate, to display notices specifying where or when
the prohibition or restriction applies or the exemption (if any) from the
prohibition or restriction; and
(b) such
incidental, consequential and transitional provisions as the States consider to
be necessary or expedient for the Regulations.[14]
(2) Without prejudice to
the generality of paragraph (1)(a), Regulations made under Article 1A
may make different provision for notices to be displayed in different classes
of premises (or a part of those premises) and, in the case of Regulations made
under Articles 1AA and 1AB, the Regulations may make different provision
for notices to be displayed in different classes of workplaces.[15]
(3) Without prejudice to
the generality of Articles 1(1)(b)(i), 1A, 1AA
and 1AB, Regulations made under –
(a) Article 1A,
1AA or 1AB may make provision for the liability of any person who contravenes
the Regulations to pay for any food or beverages supplied to or ordered by
those persons in premises to which the Regulations apply;
(b) Articles 1(1)(b)(i), 1AA and 1AB may provide for the liability (howsoever
arising) of a person who contravenes a provision of the Regulations to pay for
any goods or services supplied to or ordered by that person whether
or not –
(i) the
goods had been used or consumed in whole or in part, or
(ii) the
service had been supplied or provided in whole or in part.[16]
1E Orders
in relation to notices[17]
(1) The Minister may
prescribe by Order the requirements for a notice in respect of which provision
has been made in Regulations under this Law, including the size of, and any
symbols to be displayed on, such notice.
(2) A person who
contravenes a provision of an Order made under this Article shall be guilty of
an offence and liable to a fine of level 3 on the standard scale.
1F Authorized
officers[18]
(1) The Minister may
authorize one or more persons to whom paragraph (6) applies to be
authorized officers for the purpose of ensuring compliance with Regulations
(other than Regulations referred to in paragraph (2)) made under this Law
and an Order made under Article 1E.
(2) A Traffic Officer
appointed as such under the Motor Traffic (Jersey) Law
1935
shall, by virtue of that appointment, be an authorized officer for the purposes
of ensuring compliance with Regulations made under Article 1(1)(b)(i) that relate to public transport and for that purpose may
at all reasonable times –
(a) enter
and inspect any public transport in respect of which the Regulations have
effect; and
(b) examine
any documents relating to the public transport in respect of which the
Regulations have effect,
and, where the authorized officer reasonably suspects that a
provision of the Regulations is being or has been contravened, he or she may
require any person on the public transport to state his or her name and
address.
(3) An authorization under
paragraph (1) shall be in writing and an authorized officer
shall –
(a) prior
to exercising his or her functions under this Law, state his or her name and
produce the authorization (or in the case of an authorized officer referred to
in paragraph (2), produce evidence of his or her appointment as a Traffic
Officer); and
(b) when
exercising his or her functions under this Law, cite the power under this Law
that he or she proposes to exercise and the provision of this Law in which that
power is specified.
(4) For the purposes of
ensuring compliance with –
(a) Regulations
made under Article 1A or 1AA, an authorized officer may at all reasonable
times –
(i) enter
and inspect premises or a part of premises (other than a dwelling), or enter
and inspect a workplace in respect of which the Regulations have effect,
(ii) take
samples of articles or substances found in premises, or a workplace, in respect
of which the Regulations have effect, and
(iii) where
the authorized officer reasonably suspects that a provision of the Regulations
is being or has been contravened, require any person on those premises or the
workplace to state his or her name and address;
(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;
(c) Regulations
made under Article 1(1)(b)(i) that relate to a
place of public entertainment, an authorized officer may at all reasonable
times –
(i) enter
and inspect any place of public entertainment to which the Regulations have
effect,
(ii) take
samples of any articles or substances in any place of public entertainment in
respect of which the Regulations have effect, and
(iii) where
the authorized officer reasonably suspects that a provision of the Regulations
is being or has been contravened, require any person on the place of public
entertainment to state his or her name and address;
(d) Regulations
made under Articles 1(1)(b)(ii), (iii), (iv), (v) or (vi) (or any
combination of them), an authorized officer may at all reasonable
times –
(i) enter
premises (other than a dwelling) in respect of which the Regulations have
effect,
(ii) inspect
any goods or other things used in the sale, advertising
or promotion of tobacco (or a tobacco product), in respect of which the
Regulations have effect,
(iii) examine
any documents connected with the sale, advertising or
promotion of tobacco (or a tobacco product) in respect of which the Regulations
have effect, and
(iv) take
samples of any articles, goods, or other things used in the sale, advertising or promotion of tobacco (or tobacco product) in
respect of which the Regulations have effect,
and where the authorized officer reasonably suspects that a
provision of the Regulations is being or has been contravened
he or she may –
(A) require the
occupier of those premises or connected with the sale of tobacco (or a tobacco
product), advertising or promotion, to produce any records that relate to the
goods, sale, advertising, promotion, sponsorship or brandsharing, as the case may be, to which the Regulations apply,
(B) inspect and
take copies of those records, or of any entry in, those records, and
(C) require any
person on those premises to state his or her name and address.[19]
(5) A person –
(a) who gives
information to an authorized officer when the officer is exercising his or her
functions, being information which that person knows to be false or misleading;
or
(b) who obstructs
or impedes an authorized officer when the officer is exercising his or her
functions,
shall be guilty of an offence and liable to a fine of level 3
on the standard scale.[20]
(6) This paragraph applies
to a person who is –
(a) an inspecteur sanitaire within the meaning of the Loi (1934) sur la Santé Publique;
(b) an
authorized officer within the meaning of the Food and Drugs (Jersey) Law 1966;
(c) an
authorized person within the meaning of the Statutory Nuisances (Jersey)
Law 1999; or
(d) a
designated officer within the meaning of the Piercing and Tattooing
(Jersey) Law 2002.
1G Regulations
generally[21]
The power to make Regulations under this Law may be
exercised –
(a) either in relation to
all cases to which the power extends, or in relation to all those cases subject
to specified exceptions, or in relation to any specified cases or classes of
case; and
(b) so as
to make, as respects the cases in relation to which it is
exercised –
(i) the
full provision to which the power extends or any lesser provision (whether by
way of exception or otherwise),
(ii) the
same provision for all cases in relation to which the power is exercised, or
different provision for different cases or classes of case, or different
provision as respects the same case or class of case for different purposes of
the enactment, and
(iii) any
such provision either unconditionally or subject to any specified condition.
2 Offences,
defences and penalties[22]
(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.
2A Service
of documents[23]
(1) Any notice or other
document required under this Law, or under Regulations or an Order made under
this Law, to be given to or served on any person may be given or served on the
person in question –
(a) by
delivering it to the person;
(b) by
leaving it at the proper address of the person; or
(c) by
sending it by post to the person at that address.
(2) Any such notice or
other document may –
(a) be
given to or served on a company incorporated in Jersey by being delivered to
the company’s registered office; or
(b) be
given to or served on a partnership, company incorporated outside Jersey, or
unincorporated association –
(i) by
being given to or served (in any case) on a person who is a principal person in
relation to it, or on its secretary, clerk or other similar officer or any
person who purports to act in any such capacity, by whatever name called, or
(in the case of a partnership) on the person having the control or management
of the partnership business, or
(ii) by
being delivered to the registered or administrative office of any such person.
(3) For the purposes of
this Article and of Article 7 of the Interpretation (Jersey) Law
1954,
the proper address of any person to or on whom a document is to be given or
served by post shall be the person’s last known address, except
that –
(a) in
the case of a company (or person referred to in paragraph (2)(b)(i) in relation to a company incorporated outside Jersey),
it shall be the address of the registered or principal office of the company in
Jersey; and
(b) in
the case of a partnership (or person referred to in paragraph (2)(b)(i)), it shall be the address of the principal office of the
partnership in Jersey.
2B General
provisions as to offences[24]
(1) Where an offence under
this Law, or Regulations made under it, is committed by a limited liability
partnership or body corporate or is proved to have
been committed with the consent or connivance of, or to be attributable to any
neglect on the part of –
(a) a
person who is a partner of the partnership, or director, manager, secretary or other similar officer of the body corporate; or
(b) any
person purporting to act in any such capacity,
the person shall also be guilty of the offence and liable in the
same manner as the partnership or body corporate to the penalty provided for
that offence.
(2) Where the affairs of a
body corporate are managed by its members, paragraph (1) shall apply in
relation to acts and defaults of a member in connection with his or her
functions of management as if he or she were a director of the body corporate.
3 Citation
This Law may be cited as the Restriction on Smoking (Jersey)
Law 1973.