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Protection of Children (Restriction on Supply of Goods) (Jersey) Law 2009: Law drafting instructions for Regulations relating to sale and supply of e-cigarettes

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

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  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

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A decision made 18 September 2015:

Ministerial Decision:   MD-HSS-2015-0030

 

Decision Summary Title :

Protection of Children (Restriction on Supply of Goods) (Jersey) Law 2009 - draft Regulations under Article 2

Date of Decision Summary:

8 September 2015

Decision Summary Author:

 

Head of Health Improvement

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Report:

Head of Health Improvement

Written Report

Title :

Protection of Children (Restriction on Supply of Goods) (Jersey) Law 2009

Regulations Restricting the sale of e-cigarettes to under 18s

Date of Written Report:

 

 

 

27 August 2015

Written Report Author:

Head of Health Improvement

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: The Protection of Children (Restriction on Supply of Goods) (Jersey) Law 2009

Decision(s):

 

The Minister decided to rescind MD-HSS-2015-0025, dated 16th July 2015, which related to a law drafting request for amendments to the Protection of Children (Restriction on Supply of Goods) (Jersey) Law 2009, and instead to request law drafting time to prepare Regulations under Article 2 of the Protection of Children (Restriction on Supply of Goods) (Jersey) Law 2009 to bring into effect a restriction of the sale and supply of e-cigarettes to under 18 year olds.

 

Reason(s) for Decision:

 

The decision to rescind MD-HSS-2015-0025 is due to an administration error which incorrectly

 

 

requested an amendment to the primary law, the Protection of Children (Restriction on Supply of

 

Goods) (Jersey) Law 2009. The correct action required to bring into force a restriction on the sale and supply of e-cigarettes and vaping products to under 18 year olds is to draft Regulations under Article 2 of the Protection of Children (Restriction on Supply of Goods) (Jersey) Law 2009.

 

The decision to draft these Regulations is to protect the health of those under 18 years from a recreational addiction to nicotine as well as the health harms from using e-cigarettes and other inhaled vaporised products. The States of Jersey Tobacco Control Strategy (2010 - 2015) aims to reduce the harms of tobacco to families and the community. Nicotine is the active ingredient in tobacco increasing heart rate and blood pressure and stimulating the nervous system. Nicotine is also found in e-cigarettes. Nicotine is an addictive substance and should not be supported for recreational use in under 18’s.  E-cigarettes are reported to be safer than smoking but are not risk free and as well as addictive nicotine have been found to include a range of dangerous toxins and chemicals. E-cigarettes are currently unregulated leaving under 18s at risk.

 

Resource Implications:

 

This additional age restricted product would be captured alongside other products under the existing proof of age scheme. There are no additional financial or manpower implications arising.

 

Action required:

 

The Department will prepare instructions to the Law Draftsman to prepare the regulations.

Signature:

 

 

Position:

Minister for Health and Social Services

Date Signed:

 

 

Date of Decision (If different from Date Signed):

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