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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
Textual Amendments
F3S. 15 cross-heading substituted (1.10.2017) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 15(8), 36(2); S.S.I. 2017/12, reg. 2, sch.
(1)This section applies where—
(a)a council has applied for a tobacco [F5and nicotine vapour product] banning order in respect of a person (“P”), or
(b)a tobacco [F5and nicotine vapour product] banning order has been made in respect of P.
(2)A council may apply to the sheriff for an ancillary order—
(a)banning P from—
(i)being connected to a person carrying on a tobacco [F6or nicotine vapour product] business at the specified premises,
(ii)seeking to control a person carrying on a tobacco [F6or nicotine vapour product] business at the specified premises,
(b)where P is not an individual, banning any person connected to P from—
(i)carrying on a tobacco [F6or nicotine vapour product] business at the specified premises,
(ii)being connected to a person carrying on a tobacco [F6or nicotine vapour product] business at the specified premises,
(iii)seeking to control a person carrying on a tobacco [F6or nicotine vapour product] business at the specified premises.
(3)A sheriff may make the ancillary order if—
(a)the sheriff is satisfied, on the balance of probabilities, that the order is necessary to prevent the commission of further offences under Chapter 1 or 2, and
(b)where this section applies by virtue of subsection (1)(a), the sheriff makes the tobacco [F7and nicotine vapour product] banning order.
(4)An ancillary order made under this section ceases to have effect when the tobacco [F8and nicotine vapour product] banning order to which it relates ceases to have effect.
(5)In subsection (2), “the specified premises” means the premises specified in the tobacco [F9and nicotine vapour product] banning order to which the ancillary order relates.
(6)For the purposes of this section, a person is connected to a partnership, a limited liability partnership, a company or other body (whether incorporated or unincorporated) if the person—
(a)in the case of a partnership, is a partner,
(b)in the case of a limited liability partnership, is a member,
(c)in the case of a company—
(i)is a director, or
(ii)has control of the company,
(d)in any other case, is concerned in the management or control of the body.
(7)For the purposes of subsection (6)(c)(ii), a person is taken to have control of a company if—
(a)any of the directors of the company, or of any other company having control of the company, is accustomed to act in accordance with the person's directions or instructions, or
(b)the person is entitled to exercise, or to the control the exercise of, at least one third of the voting power at any general meeting of the company or of any other company having control of the company.
Textual Amendments
F4S. 16 title substituted (1.10.2017) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 15(4), 36(2); S.S.I. 2017/12, reg. 2, sch.
F5Words in s. 16(1) substituted (6.2.2017 for specified purposes, 1.10.2017 in so far as not already in force) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 10(2)(a), 36(2); S.S.I. 2017/12, reg. 2, sch.
F6Words in s. 16(2) inserted (6.2.2017 for specified purposes, 1.10.2017 in so far as not already in force) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 10(2)(b), 36(2); S.S.I. 2017/12, reg. 2, sch.
F7Words in s. 16(3)(b) substituted (6.2.2017 for specified purposes, 1.10.2017 in so far as not already in force) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 10(2)(c), 36(2); S.S.I. 2017/12, reg. 2, sch.
F8Words in s. 16(4) substituted (6.2.2017 for specified purposes, 1.10.2017 in so far as not already in force) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 10(2)(d), 36(2); S.S.I. 2017/12, reg. 2, sch.
F9Words in s. 16(5) substituted (6.2.2017 for specified purposes, 1.10.2017 in so far as not already in force) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 10(2)(e), 36(2); S.S.I. 2017/12, reg. 2, sch.
Commencement Information
I1S. 16 in force at 1.10.2011 by S.S.I. 2010/345, art. 2, Sch.