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Introductory Text
Part 1 Tobacco products etc.
Chapter 1 Display, sale and purchase of tobacco products
Display of tobacco products etc.
1.Prohibition of tobacco displays etc.
2.Displays which are also advertisements
3.Regulation of display of prices
Sale and purchase of tobacco products
4.Sale of tobacco products to persons under 18
5.Purchase of tobacco products by persons under 18
6.Purchase of tobacco products on behalf of persons under 18
Miscellaneous
7.Confiscation of tobacco products from persons under 18
8.Display of warning statements
9.Prohibition of vending machines for the sale of tobacco products
Chapter 2 Register of tobacco retailers
Establishment
10.Register of tobacco retailers
Registration
11.Application for registration and addition of premises etc.
12.Certificates of registration
Changes to register
13.Duty to notify certain changes
14.Changes to and removal from Register
Tobacco retailing banning orders
15.Tobacco retailing banning orders
16.Tobacco retailing banning orders: ancillary orders
17.Tobacco retailing banning orders etc.: appeals
18.Tobacco retailing banning orders etc.: notification to Scottish Ministers
19.Tobacco retailing banning orders: display of notices
Offences
20.Offences relating to the Register
Register of tobacco retailers: miscellaneous and supplementary
21.Public inspection of Register
22.Council access to Register
23.Delegation of functions relating to Register
24.Vehicles, vessels and moveable structures
Chapter 3 Enforcement and fixed penalties
Enforcement
25.Enforcement
26.Programmes of enforcement
Fixed penalties
27.Fixed penalties
Powers of entry etc.
28.Powers of entry etc.
29.Warrants for entry
30.Powers of entry and warrants for entry: supplementary
31.Obstruction, etc. of council officers
32.Powers of entry: constables
Chapter 4 Miscellaneous and supplementary
33.Presumption as to contents of container
34.Offences by bodies corporate etc.
35.Interpretation of Part 1
36.Crown application
Part 2 Primary medical services
37.Contractual arrangements for the provision of primary medical services
38.Section 17C arrangements: persons with whom agreements can be made
39.Eligibility to be contractor under general medical services contract
Part 3 General provision
40.Orders and regulations
41.Minor and consequential modifications
42.Ancillary provision
43.Short title and commencement
SCHEDULE 1
Preliminary
1.In 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
3.A 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
6.The 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
9.Where proceedings for an offence in respect of which a...
General and supplemental
10.The Scottish Ministers may make regulations about—
11.(1) The Scottish Ministers may prescribe— (a) the form of...
SCHEDULE 2
Minor and consequential modifications
Children and Young Persons (Scotland) Act 1937 (c.37)
1.Section 18 of the Children and Young Persons (Scotland) Act...
Children and Young Persons (Protection from Tobacco) Act 1991 (c.23)
2.The Children and Young Persons (Protection from Tobacco) Act 1991...
Tobacco Advertising and Promotion Act 2002 (c.36)
3.In section 6(1)(a) of the Tobacco Advertising and Promotion Act...
4.In section 8 of that Act— (a) in subsection (1),...
Smoking, Health and Social Care (Scotland) Act 2005 (asp 13)
5.Section 9 of the Smoking, Health and Social Care (Scotland)...
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)
7.In section 2(3) of the Primary Medical Services (Scotland) Act...