11ASale, supply and display of waterpipes and ice pipes

#### 11A Sale, supply and display of waterpipes and ice pipes 11A Sale, supply and display of waterpipes and ice pipes > > (1) In this section— > > > > ice pipe means— > > > > > (a) a device capable of being used for the administration of a prohibited drug by means of the smoking or inhaling of the smoke or fumes resulting from the heating or burning of the drug in a crystal or powder form, or > > > > > (b) a device that is apparently intended to be such a device but that is not capable of being so used because it needs an adjustment, modification or addition, > > > > and includes a device known as an ice pipe or a crack pipe, but does not include a device of a class or description prescribed by the regulations as not being an ice pipe for the purposes of this section. > > > > shop includes— > > > > > (a) so much of a building or place as is used for the sale, or supply in the course of commercial transactions, of goods, and > > > > > (b) a stall or other structure used for such sale or supply of goods at a market or elsewhere, > > > > but does not include anything prescribed by the regulations as not being a shop for the purposes of this section. > > > > waterpipe means— > > > > > (a) a device capable of being used for the administration of a prohibited drug, by means of the drawing of smoke or fumes (resulting from the heating or burning of the drug) through water or another liquid, or > > > > > (b) a device that is apparently intended to be such a device but that is not capable of being so used because it needs an adjustment, modification or addition, > > > > and includes a device known as a bong, but does not include a device of a class or description prescribed by the regulations as not being a waterpipe for the purposes of this section. > > > (2) A person who— > > > > > (a) sells a waterpipe or an ice pipe, or > > > > > (b) supplies a waterpipe or an ice pipe in the course of or in connection with a commercial transaction, > > > > is guilty of an offence. > > > (3) A person who displays a waterpipe or an ice pipe— > > > > > (a) in a shop, or > > > > > (b) near but in connection with a shop, > > > > is guilty of an offence, unless the person satisfies the court that the display was not for a commercial purpose. > > > (4) For the purposes of this section, it is immaterial that the waterpipe or ice pipe was used or intended to be used for a purpose other than the administration of a prohibited drug. > > **s 11A:** Ins 1987 No 156, sec 3. Am 2006 No 39, Sch 1 \[1\]–\[3\].