- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/04/2011)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 06/02/2017
Point in time view as at 01/04/2011.
There are currently no known outstanding effects for the Tobacco and Primary Medical Services (Scotland) Act 2010, Cross Heading: Sale and purchase of tobacco products.
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(1)A person who sells a tobacco product or cigarette papers to a person under the age of 18 commits an offence.
(2)It is a defence to a charge in proceedings against a person (“the accused”) under subsection (1) that—
(a)the accused believed the person under the age of 18 (“the customer”) to be aged 18 or over, and
(b)the accused had taken reasonable steps to establish the customer's age.
(3)For the purposes of subsection (2)(b), the accused is to be treated as having taken reasonable steps to establish the customer's age if and only if—
(a)the accused was shown any of the documents mentioned in subsection (4), and
(b)that document would have convinced a reasonable person as to the customer's age.
(4)The documents referred to in subsection (3)(a) are any document bearing to be—
(a)a passport,
(b)a European Union photocard driving licence, or
(c)such other document, or a document of such description, as may be prescribed.
(5)A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Commencement Information
I1S. 4 in force at 24.10.2010 for specified purposes and 1.4.2011 in so far as not already in force by S.S.I. 2010/345, art. 2, Sch.
(1)A person under the age of 18 who buys or attempts to buy a tobacco product or cigarette papers commits an offence.
(2)It is not an offence under subsection (1) for a person under the age of 18 to buy or attempt to buy a tobacco product or cigarette papers if the person is authorised to do so by a council officer or a constable for the purpose of determining whether an offence is being committed under section 4.
(3)A council officer or a constable may authorise a person under the age of 18 to buy or attempt to buy a tobacco product or cigarette papers only if satisfied that all reasonable steps have been or will be taken to avoid any risk to the welfare of the person.
(4)A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 1 on the standard scale.
Commencement Information
I2S. 5 in force at 1.4.2011 by S.S.I. 2010/345, art. 2, Sch.
(1)A person aged 18 or over who knowingly buys or attempts to buy a tobacco product or cigarette papers on behalf of a person under the age of 18 commits an offence.
(2)A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Commencement Information
I3S. 6 in force at 1.4.2011 by S.S.I. 2010/345, art. 2, Sch.
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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.
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