Tobacco and Primary Medical Services (Scotland) Act 2010
Part 1Tobacco products etc.
Chapter 1Display, sale and purchase of tobacco products
Display of tobacco products etc.
1Prohibition of tobacco displays etc.
2Displays which are also advertisements
3Regulation of display of prices
Sale and purchase of tobacco products
4Sale of tobacco products to persons under 18
5Purchase of tobacco products by persons under 18
6Purchase of tobacco products on behalf of persons under 18
Miscellaneous
7Confiscation of tobacco products from persons under 18
8Display of warning statements
9Prohibition of vending machines for the sale of tobacco products
Chapter 2Register of tobacco retailers
Establishment
10Register of tobacco retailers
Registration
11Application for registration and addition of premises etc.
12Certificates of registration
Changes to register
13Duty to notify certain changes
14Changes to and removal from Register
Tobacco retailing banning orders
15Tobacco retailing banning orders
16Tobacco retailing banning orders: ancillary orders
17Tobacco retailing banning orders etc.: appeals
18Tobacco retailing banning orders etc.: notification to Scottish Ministers
19Tobacco retailing banning orders: display of notices
Offences
20Offences relating to the Register
Register of tobacco retailers: miscellaneous and supplementary
21Public inspection of Register
22Council access to Register
23Delegation of functions relating to Register
24Vehicles, vessels and moveable structures
Chapter 3Enforcement and fixed penalties
Enforcement
25Enforcement
26Programmes of enforcement
Fixed penalties
27Fixed penalties
Powers of entry etc.
28Powers of entry etc.
29Warrants for entry
30Powers of entry and warrants for entry: supplementary
31Obstruction, etc. of council officers
32Powers of entry: constables
Chapter 4Miscellaneous and supplementary
33Presumption as to contents of container
34Offences by bodies corporate etc.
35Interpretation of Part 1
36Crown application
Part 2Primary medical services
37Contractual arrangements for the provision of primary medical services
38Section 17C arrangements: persons with whom agreements can be made
39Eligibility to be contractor under general medical services contract
Part 3General provision
40Orders and regulations
41Minor and consequential modifications
42Ancillary provision
43Short title and commencement
SCHEDULE 1Fixed penalties
Preliminary
1In this schedule, unless the context requires otherwise— “notice” means...
Content of fixed penalty notice
2(1) A notice must give reasonable particulars of the circumstances...
Period in which notice can be given
3A notice may not be given after such time relating...
Amount of penalty
4(1) The— (a) amount of the fixed penalty, and
Deadlines for payment
5(1) The payment deadline is the first working day at...
Method of payment
6The fixed penalty (and the discounted payment amount) is payable—...
Restriction on proceedings and effect of payment
7(1) The earliest date that proceedings for the offence may...
Withdrawal of fixed penalty notice
8(1) A recipient of a notice may make representations to...
Effect of prosecution on fixed penalty notice
9Where proceedings for an offence in respect of which a...
General and supplemental
10The Scottish Ministers may make regulations about—
11(1) The Scottish Ministers may prescribe— (a) the form of...
SCHEDULE 2Minor and consequential modifications
Part 1Tobacco products etc.
Children and Young Persons (Scotland) Act 1937 (c.37)
1Section 18 of the Children and Young Persons (Scotland) Act...
Children and Young Persons (Protection from Tobacco) Act 1991 (c.23)
2The Children and Young Persons (Protection from Tobacco) Act 1991...
Tobacco Advertising and Promotion Act 2002 (c.36)
3In section 6(1)(a) of the Tobacco Advertising and Promotion Act...
4In section 8 of that Act— (a) in subsection (1),...
Smoking, Health and Social Care (Scotland) Act 2005 (asp 13)
5Section 9 of the Smoking, Health and Social Care (Scotland)...
Part 2Primary medical services
National Health Service (Scotland) Act 1978 (c.29)
6(1) Section 17D of the National Health Service (Scotland) Act...
Primary Medical Services (Scotland) Act 2004 (asp 1)
7In section 2(3) of the Primary Medical Services (Scotland) Act...

Tobacco and Primary Medical Services (Scotland) Act 2010

2010 asp 3

An Act of the Scottish Parliament to make provision about the retailing of tobacco products, including provision prohibiting the display of tobacco products and establishing a register of tobacco retailers; to amend the criteria for eligibility to provide primary medical services under the National Health Service (Scotland) Act 1978; and for connected purposes.