Legislation

Cigarette Lighter Refill (Safety) Regulations 1999
These regulations make it an offence to supply any cigarette lighter refill canister containing butane or a substance with butane as a constituent part to any person under the age of 18 years.

Intoxicating Substances (Supply) Act 1985

Under this act it is illegal for a person to sell or supply a substance to anyone believed to be under the age of 18 or anyone acting on behalf of someone under that age, if he or she has reasonable cause to believe that the substance may be inhaled for the purpose of intoxication. The Act is applicable in England, Wales and Northern Ireland.

The statute does not make it an offence, however, to purchase and subsequently abuse solvents and other volatile substances.

There have been few prosecutions since the Act was passed, with only 53 out of 90 prosecutions leading to a conviction, the other 29 resulting in a fine.

The maximum penalty for a breach of the Cigarette Lighter Refill (Safety) Regulations and the Intoxicating Substances (Supply) Act by the retailer is a six-month prison sentence and a fine of £5000.

Scottish common law

Under Scottish Common Law, the supply or sale of solvents or volatile substances to any person, knowing that these substances will be abused has been held to constitute criminal conduct, which culpably endangers life and health.

In Scotland the Social Work (Scotland) Act 1968 took over the responsibility for children who were in need of care and protection and children who committed a variety of offences. The purpose of the Act was to decriminalize the activities of children

The Solvent Abuse (Scotland) Act of 1983 was an amendment to this Act and made VSA in itself a specific ground for referral to the Children's Panel. It is important to note that the reason for referral i.e. solvent abuse was not seen as a criminal act.

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