Part 1 STobacco products etc.

Chapter 4 SMiscellaneous and supplementary

35 Interpretation of Part 1 S

(1) In this Part—

• “area”—

  (a)

  in relation to a council, means the local government area for which the council is constituted,

  (b)

  in relation to a council officer, means the area of the council which authorised the officer,

• “council” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c.39),

• “council officer” means a duly authorised officer of a council,

• “fixed penalty notice” is to be construed in accordance with section 27 and schedule 1,

• [F1 “nicotine vapour product business” means a business involving the sale of nicotine vapour products by retail,]

• “premises” includes any place and any vehicle [F2 or moveable structure (and, for this purpose, “vehicle” includes any aircraft or ship, boat or other water-going vessel, other than one of a prescribed description)] ,

• “prescribed” means prescribed in regulations made by the Scottish Ministers (and “prescribe” is to be construed accordingly),

• “registered” and “unregistered” have the meaning given in section 10(2),

• “tobacco business” means a business involving the sale of tobacco products by retail,

• [F3 “tobacco or nicotine vapour product business” means a business which involves (either or both) a tobacco business or a nicotine vapour product business,]

• “tobacco product” means a product consisting wholly or partly of tobacco and intended to be smoked, sniffed, sucked or chewed,

• “tobacco retailing banning order” has the meaning given in section 15(6).

(2) For the purposes of this Part, the following are smoking related products—

• cigarette papers

• cigarette tubes

• cigarette filters

• apparatus for making cigarettes

• cigarette holders

• pipes for smoking tobacco products.

(3) The Scottish Ministers may by order modify the list in subsection (2) as they consider appropriate.

Textual Amendments

F1 Words in s. 35(1) inserted (6.2.2017 for specified purposes) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 8(2)(a), 36(2); S.S.I. 2017/12, reg. 2, sch.

F2 Words in s. 35(1) substituted (6.2.2017) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 13, 36(2); S.S.I. 2017/12, reg. 2, sch.

F3 Words in s. 35(1) inserted (6.2.2017 for specified purposes) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 8(2)(b), 36(2); S.S.I. 2017/12, reg. 2, sch.

Commencement Information

I1 S. 35 in force at 1.4.2011 by S.S.I. 2010/345, art. 2, Sch.