Any person who sells to a person F2. . . under the age of F3eighteen years any tobacco or cigarette papers, whether for his own use or not, shall be liable, F4on summary conviction to a fine not exceeding level 4 on the standard scale.

It shall be a defence for a person charged with an offence under subsection (1) above to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

If on complaint to a F6magistrates' court it is proved to the satisfaction of the court that any automatic machine for the sale of tobacco kept on any premises F7has been used by any person under the age of F3eighteen years, the court F8shall order the owner of the machine, or the person on whose premises the machine is kept, to take such precautions to prevent the machine being so used as may be specified in the order or, if necessary, to remove the machine, within such time as may be specified in the order, and if any person against whom such an order has been made fails to comply therewith, he shall be liable, on summary conviction, F9to a fine not exceeding level 4 on the standard scale.

It shall be the duty of a constable and of a park-keeper being in uniform to seize any tobacco or cigarette papers in the possession of any person apparently under the age of sixteen years whom he finds smoking in any street or public place, and any tobacco or cigarette papers so seized shall be disposed of, if seized by a constable, in such manner as the F11local policing body may direct, and if seized by a park-keeper, in such manner as the authority or person by whom he was appointed may direct.

Nothing in this section shall make it an offence to sell tobacco or cigarette papers to, or shall authorise the seizure of tobacco or cigarette papers in the possession of, any person who is at the time employed by a manufacturer of or dealer in tobacco, either wholesale or retail, for the purposes of his business, or is a boy messenger in uniform in the employment of a messenger company and employed as such at the time.

For the purposes of this section the expression “tobacco” includes cigarettes F10any product containing tobacco and intended for oral or nasal use and smoking mixtures intended as a substitute for tobacco, and the expression “cigarettes” includes cut tobacco rolled up in paper, tobacco leaf, or other material in such form as to be capable of immediate use for smoking.