Tobacco and Primary Medical Services (Scotland) Act 2010

1. Introductory Text

2. Part 1 Tobacco and nicotine vapour products etc.

   1. Chapter 1 Display, sale and purchase

      1. Display of tobacco products etc.

         1. 1. Prohibition of tobacco displays etc.

         2. 2. Displays which are also advertisements

         3. 3. Regulation of display of prices

      2. Sale and purchase of tobacco and nicotine vapour products

         1. 4. Sale of tobacco products to persons under 18

         2. 4A. Sale of nicotine vapour products to persons under 18

         3. 4B. Age verification policy

         4. 4C. Sale of tobacco or nicotine vapour products by persons under 18

         5. 4D. Defence of due diligence for certain offences

         6. 5. Purchase of tobacco products by persons under 18

         7. 6. Purchase of tobacco products on behalf of persons under 18

         8. 6A. Purchase of nicotine vapour products on behalf of persons under 18

      3. Miscellaneous

         1. 7. Confiscation of tobacco products from persons under 18

         2. 8. Display of warning statements

         3. 9. Prohibition of vending machines for the sale of tobacco products

   2. Chapter 2 Register of tobacco and nicotine vapour product retailers

      1. Establishment

         1. 10. Register of tobacco and nicotine vapour product retailers

      2. Registration

         1. 11. Application for registration and addition of premises etc.

         2. 12. Certificates of registration

      3. Changes to register

         1. 13. Duty to notify certain changes

         2. 14. Changes to and removal from Register

      4. Tobacco and nicotine vapour product banning orders

         1. 15. Tobacco and nicotine vapour product banning orders

         2. 16. Tobacco and nicotine vapour product banning orders: ancillary orders

         3. 17. Tobacco and nicotine vapour product banning orders etc.: appeals

         4. 18. Tobacco and nicotine vapour product banning orders etc.: notification to Scottish Ministers

         5. 19. Tobacco and nicotine vapour product banning orders: display of notices

      5. Offences

         1. 20. Offences relating to the Register

      6. Register of tobacco and nicotine vapour product retailers: miscellaneous and supplementary

         1. 21. Public inspection of Register

         2. 22. Council access to Register

         3. 23. Delegation of functions relating to Register

         4. 24. Vehicles, vessels and moveable structures

   3. Chapter 3 Enforcement and fixed penalties

      1. Enforcement

         1. 25. Enforcement

         2. 26. Programmes of enforcement

      2. Fixed penalties

         1. 27. Fixed penalties

      3. Powers of entry etc.

         1. 28. Powers of entry etc.

         2. 29. Warrants for entry

         3. 30. Powers of entry and warrants for entry: supplementary

         4. 31. Obstruction, etc. of council officers

         5. 32. Powers of entry: constables

   4. Chapter 4 Miscellaneous and supplementary

      1. 33. Presumption as to contents of container

      2. 34. Offences by bodies corporate etc.

      3. 35. Interpretation of Part 1

      4. 35A. Meaning of “nicotine vapour product”

      5. 36. Crown application

3. Part 2 Primary medical services

   1. 37. Contractual arrangements for the provision of primary medical services

   2. 38. Section 17C arrangements: persons with whom agreements can be made

   3. 39. Eligibility to be contractor under general medical services contract

4. Part 3 General provision

   1. 40. Orders and regulations

   2. 41. Minor and consequential modifications

   3. 42. Ancillary provision

   4. 43. Short title and commencement

5. 1. SCHEDULE 1

      Fixed penalties

      1. Preliminary

         1. 1. In this schedule, unless the context requires otherwise— “notice” means...

      2. Content of fixed penalty notice

         1. 2. (1) A notice must give reasonable particulars of the circumstances...

      3. Period in which notice can be given

         1. 3. A notice may not be given after such time relating...

      4. Amount of penalty

         1. 4. (1) The— (a) amount of the fixed penalty, and

      5. Deadlines for payment

         1. 5. (1) The payment deadline is the first working day at...

      6. Method of payment

         1. 6. The fixed penalty (and the discounted payment amount) is payable—...

      7. Restriction on proceedings and effect of payment

         1. 7. (1) The earliest date that proceedings for the offence may...

      8. Withdrawal of fixed penalty notice

         1. 8. (1) A recipient of a notice may make representations to...

      9. Effect of prosecution on fixed penalty notice

         1. 9. Where proceedings for an offence in respect of which a...

      10. General and supplemental

          1. 10. The Scottish Ministers may make regulations about—

          2. 11. (1) The Scottish Ministers may prescribe— (a) the form of...

   2. SCHEDULE 2

      Minor and consequential modifications

      1. Part 1 Tobacco products etc.

         1. Children and Young Persons (Scotland) Act 1937 (c.37)

            1. 1. Section 18 of the Children and Young Persons (Scotland) Act...

         2. Children and Young Persons (Protection from Tobacco) Act 1991 (c.23)

            1. 2. The Children and Young Persons (Protection from Tobacco) Act 1991...

         3. Tobacco Advertising and Promotion Act 2002 (c.36)

            1. 3. In section 6(1)(a) of the Tobacco Advertising and Promotion Act...

            2. 4. In section 8 of that Act— (a) in subsection (1),...

         4. Smoking, Health and Social Care (Scotland) Act 2005 (asp 13)

            1. 5. Section 9 of the Smoking, Health and Social Care (Scotland)...

      2. Part 2 Primary medical services

         1. National Health Service (Scotland) Act 1978 (c.29)

            1. 6. (1) Section 17D of the National Health Service (Scotland) Act...

         2. Primary Medical Services (Scotland) Act 2004 (asp 1)

            1. 7. In section 2(3) of the Primary Medical Services (Scotland) Act...