Textual Amendments
F1Pt. 1 title substituted (1.4.2017) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 15(11), 36(2); S.S.I. 2017/12, reg. 2, sch.
Textual Amendments
F2Pt. 1 Ch. 2 title substituted (1.4.2017) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 15(10), 36(2); S.S.I. 2017/12, reg. 2, sch.
Modifications etc. (not altering text)
C1Pt. 1 Ch. 2 applied (with modifications) (1.4.2011) by The Sale of Tobacco (Registration of Moveable Structures and Fixed Penalty Notices) (Scotland) Regulations 2011 (S.S.I. 2011/23), regs. 1(1), regs. 2-4
(1)An unregistered person who carries on a tobacco [F3or nicotine vapour product] business commits an offence.
(2)A registered person who carries on a tobacco business at premises other than those noted in the person's entry in the Register [F4as premises at which the person carries on a tobacco business (or both a tobacco business and a nicotine vapour product business)] commits an offence.
[F5(2A)A registered person who carries on a nicotine vapour product business at premises other than those noted in the person's entry in the Register as premises at which the person carries on a nicotine vapour product business (or both a tobacco business and a nicotine vapour product business) commits an offence.]
(3)A person who fails, without reasonable excuse, to comply with section 13(1) (duty to notify certain changes) commits an offence.
(4)A person who breaches a tobacco [F6and nicotine vapour product] banning order or an ancillary order made under section 16 commits an offence.
(5)A person who fails, without reasonable excuse, to comply with section 19(2) (duty to display notice) commits an offence.
(6)A person guilty of an offence under—
(a)subsection (1), (2) [F7, (2A)] or (4) is liable on summary conviction to—
(i)a fine not exceeding £20,000,
(ii)imprisonment for a term not exceeding 6 months, or
(iii)both,
(b)subsection (3) is liable on summary conviction to a fine not exceeding level 2 on the standard scale,
(c)subsection (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Textual Amendments
F3Words in s. 20(1) inserted (1.10.2017) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 11(a), 36(2); S.S.I. 2017/12, reg. 2, sch.
F4Words in s. 20(2) inserted (1.10.2017) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 11(b), 36(2); S.S.I. 2017/12, reg. 2, sch.
F5S. 20(2A) inserted (1.10.2017) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 11(c), 36(2); S.S.I. 2017/12, reg. 2, sch.
F6Words in s. 20(4) substituted (1.10.2017) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 11(d), 36(2); S.S.I. 2017/12, reg. 2, sch.
F7Word in s. 20(6)(a) inserted (1.10.2017) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 11(e), 36(2); S.S.I. 2017/12, reg. 2, sch.
Commencement Information
I1S. 20 in force at 1.10.2011 by S.S.I. 2010/345, art. 2, Sch.