- Latest available (Revised)
- Point in Time (01/10/2017)
- Original (As enacted)
Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
Status:
Point in time view as at 01/10/2017.
Changes to legislation:
There are currently no known outstanding effects for the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016, Section 30.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
30Power to order offence to be remedied or publicisedS
This section has no associated Explanatory Notes
(1)This section applies where a care provider is convicted by a court of an offence under section 27(1).
(2)The court may, instead of or in addition to dealing with the care provider in any other way, make either or both of the following orders—
(a)a remedial order,
(b)a publicity order.
(3)A “remedial order” is an order requiring the care provider to take specified steps to remedy one or more of the following—
(a)the breach mentioned in section 27(1)(b) (the “relevant breach”),
(b)any matter that appears to the court to have resulted from the relevant breach and to be connected with the ill-treatment or neglect,
(c)any deficiency in the care provider's policies, systems or practices of which the relevant breach appears to the court to be an indication.
(4)A “publicity order” is an order requiring the care provider to publicise in a specified manner—
(a)the fact that the care provider has been convicted of the offence,
(b)specified particulars of the offence,
(c)the amount of any fine imposed,
(d)the terms of any remedial order made.
(5)An order made under subsection (2) is to be taken to be a sentence for the purposes of an appeal.
(6)The court may make an order under subsection (2)—
(a)at its own instance, or
(b)on the motion of the prosecutor.
(7)An order made under subsection (2) must specify a period (the “compliance period”) within which the requirements specified in the order must be complied with.
(8)On an application by the care provider in respect of whom the order under subsection (2) was made, the court may—
(a)extend the compliance period,
(b)vary the steps specified in a remedial order.
(9)An application under subsection (8) must be made before the end of the compliance period.
(10)A care provider who fails to comply with an order made under subsection (2) commits an offence.
(11)A care provider who commits an offence under subsection (10) is liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum,
(b)on conviction on indictment, to a fine.
Commencement Information
I1S. 30 in force at 1.10.2017 by S.S.I. 2017/294, reg. 2, sch.
Options/Help
Print Options
PrintThe Whole Act
PrintThe Whole Part
PrintThe Whole Cross Heading
PrintThis Section only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Notes
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.