C4

Prospective affecting provision: subs. (1) substituted, subs. (1A) inserted and subs. (2) amended (1.02.2028) by Public Health (Tobacco) (Amendment) Act 2024 (47/2024), s. 7(a), (b), (c)(i), (ii), commenced as per s. 11(3).

33. F4[(1) An authorised officer may, in the course of his or her duty as such officer and in accordance with guidelines issued under subsection (2), send a person who is at least 15 years of age but under 18 years of age into a premises at which nicotine inhaling products are for sale by retail for the purpose of the person purchasing nicotine inhaling products on those premises if, but only if—

(a) the parent or guardian of the person has consented in writing to him or her being sent into those premises for that purpose, and

(b) the authorised officer is satisfied that all reasonable steps have been or will be taken to avoid harm to the welfare of the person.]

F5[(1A) An authorised officer may, in the course of his or her duty as such officer and in accordance with guidelines issued under subsection (2), send a person who is at least 15 years of age but under 21 years of age into a premises at which tobacco products are for sale by retail for the purpose of the person purchasing tobacco products on those premises if, but only if—

(a) in the case of a person who is aged between 15 and 18 years old, the parent or guardian of the person has consented in writing to him or her being sent into those premises for that purpose, and

(b) in all cases, the authorised officer is satisfied that all reasonable steps have been or will be taken to avoid harm to the welfare of the person.]

(2) The Minister shall, after consulting with the Minister for Children, Equality, Disability, Integration and Youth, from time to time issue guidelines in respect of the procedures to be followed with respect to the practical operation of this section, including guidelines as to—

F6[(a) prohibiting any active instigation of a contravention of section 28 or 28A such as a false representation, whether made orally or by means of the production of any document, that a person is—

(i) in the case of section 28, over the age of 18 years, and

(ii) in the case of section 28A, over the age of 21 years, and]

(b) the basis on which premises will be selected for the purposes of the application of this section, including but not limited to—

…

(iii) the number of reports of alleged contraventions (if any) of F6[section 28 or 28A] relating to the premises or the clientele attracted to the premises, or