Tobacco and Primary Medical Services (Scotland) Act 2010

Part 1Tobacco and nicotine vapour products etc.

Chapter 1Display, sale and purchase

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 and nicotine vapour products

4Sale of tobacco products to persons under 18

4ASale of nicotine vapour products to persons under 18

4BAge verification policy

4CSale of tobacco or nicotine vapour products by persons under 18

4DDefence of due diligence for certain offences

5Purchase of tobacco products by persons under 18

6Purchase of tobacco products on behalf of persons under 18

6APurchase of nicotine vapour 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 and nicotine vapour product retailers

Establishment

10Register of tobacco and nicotine vapour product retailers

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 and nicotine vapour product banning orders

15Tobacco and nicotine vapour product banning orders

16Tobacco and nicotine vapour product banning orders: ancillary orders

17Tobacco and nicotine vapour product banning orders etc.: appeals

18Tobacco and nicotine vapour product banning orders etc.: notification to Scottish Ministers

19Tobacco and nicotine vapour product banning orders: display of notices

20Offences relating to the Register

Register of tobacco and nicotine vapour product 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

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

35AMeaning of “nicotine vapour product”

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

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...

Royal arms

Tobacco and Primary Medical Services (Scotland) Act 2010

2010 asp 3

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 27th January 2010 and received Royal Assent on 3rd March 2010

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.