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Children and Young Persons Act 1933

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Changes over time for: Section 12B

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Changes to legislation:

Children and Young Persons Act 1933, Section 12B is up to date with all changes known to be in force on or before 12 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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[F112BRestricted sale ordersE+W

(1)This section applies where a person (“the offender”) is convicted of a tobacco [F2or nicotine] offence (“the relevant offence”).

(2)The person who brought the proceedings for the relevant offence may by complaint to a magistrates' court apply for a restricted sale order to be made in respect of the offender.

(3)A restricted sale order is an order prohibiting the person to whom it relates—

(a)from selling any tobacco [F3, cigarette papers or nicotine product] to any person,

(b)from having any management functions in respect of any premises in so far as those functions relate to the sale on the premises of tobacco [F4, cigarette papers or nicotine products] to any person,

(c)from keeping any F5... machine on any premises for the purpose of selling tobacco [F6or nicotine products] or permitting any F5... machine to be kept on any premises by any other person for that purpose, and

(d)from having any management functions in respect of any premises in so far as those functions relate to any F7... machine kept on the premises for the purpose of selling tobacco [F8or nicotine products].

(4)The order has effect for the period specified in the order, but that period may not exceed one year.

(5)The court may make the order if (and only if) it is satisfied that, on at least 2 occasions within the period of 2 years ending with the date on which the relevant offence was committed, the offender has committed other tobacco [F9or nicotine] offences.

(6)In this section any reference to a F10... machine is a reference to an automatic machine for the sale of tobacco [F11or nicotine products].]

Textual Amendments

F1Ss. 12A-12D and preceding cross-heading inserted (1.4.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 143(2), 153; S.I. 2009/860, art. 2(c)

F2Words in s. 12B(1) inserted (1.10.2014 for specified purposes, 1.10.2015 in so far as not already in force) by Children and Families Act 2014 (c. 6), ss. 93(4)(a), 139(6); S.I. 2014/2609, art. 2; S.I. 2015/375, art. 3

F3Words in s. 12B(3)(a) substituted (1.10.2014 for specified purposes, 1.10.2015 in so far as not already in force) by Children and Families Act 2014 (c. 6), ss. 93(4)(b)(i), 139(6); S.I. 2014/2609, art. 2; S.I. 2015/375, art. 3

F4Words in s. 12B(3)(b) substituted (1.10.2014 for specified purposes, 1.10.2015 in so far as not already in force) by Children and Families Act 2014 (c. 6), ss. 93(4)(b)(ii), 139(6); S.I. 2014/2609, art. 2; S.I. 2015/375, art. 3

F5Word in s. 12B(3)(c) omitted (1.10.2014 for specified purposes, 1.10.2015 in so far as not already in force) by virtue of Children and Families Act 2014 (c. 6), ss. 93(4)(b)(iii), 139(6); S.I. 2014/2609, art. 2; S.I. 2015/375, art. 3

F6Words in s. 12B(3)(c) inserted (1.10.2014 for specified purposes, 1.10.2015 in so far as not already in force) by Children and Families Act 2014 (c. 6), ss. 93(4)(b)(iv), 139(6); S.I. 2014/2609, art. 2; S.I. 2015/375, art. 3

F7Word in s. 12B(3)(d) omitted (1.10.2014 for specified purposes, 1.10.2015 in so far as not already in force) by virtue of Children and Families Act 2014 (c. 6), ss. 93(4)(b)(iii), 139(6); S.I. 2014/2609, art. 2; S.I. 2015/375, art. 3

F8Words in s. 12B(3)(d) inserted (1.10.2014 for specified purposes, 1.10.2015 in so far as not already in force) by Children and Families Act 2014 (c. 6), ss. 93(4)(b)(iv), 139(6); S.I. 2014/2609, art. 2; S.I. 2015/375, art. 3

F9Words in s. 12B(5) inserted (1.10.2014 for specified purposes, 1.10.2015 in so far as not already in force) by Children and Families Act 2014 (c. 6), ss. 93(4)(c), 139(6); S.I. 2014/2609, art. 2; S.I. 2015/375, art. 3

F10Word in s. 12B(6) omitted (1.10.2014 for specified purposes, 1.10.2015 in so far as not already in force) by virtue of Children and Families Act 2014 (c. 6), ss. 93(4)(d)(i), 139(6); S.I. 2014/2609, art. 2; S.I. 2015/375, art. 3

F11Words in s. 12B(6) inserted (1.10.2014 for specified purposes, 1.10.2015 in so far as not already in force) by Children and Families Act 2014 (c. 6), ss. 93(4)(d)(ii), 139(6); S.I. 2014/2609, art. 2; S.I. 2015/375, art. 3

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