2010 No. 345 (C. 20)
The Tobacco and Primary Medical Services (Scotland) Act 2010 (Commencement No. 1, Consequential and Saving Provisions) Order 2010
Made
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 40(1) and (2) and 43(3) of the Tobacco and Primary Medical Services (Scotland) Act 20101.
Citation and interpretation1
1
This Order may be cited as the Tobacco and Primary Medical Services (Scotland) Act 2010 (Commencement No. 1, Consequential and Saving Provisions) Order 2010.
2
In this Order—
“the 2010 Act” means the Tobacco and Primary Medical Services (Scotland) Act 2010; and
“the 1991 Act” means the Children and Young Persons (Protection from Tobacco) Act 19912.
Commencement of sections 4 to 8, 10 to 36 and Schedule 1 of the 2010 Act2
1
Subject to paragraph (2), the day appointed for the coming into force of the provisions of the 2010 Act specified in column 1 of the table in the Schedule to this Order (the subject matter of which is specified in column 2 of that table) is the day specified in column 3 of that table.
2
Where a purpose is specified in column 4 of that table, a provision mentioned in column 1 comes into force in accordance with paragraph (1) only for that purpose.
Consequential amendment of section 4 of the Children and Young Persons (Protection from Tobacco) Act 19913
On the coming into force, for all purposes, of section 8 of the 2010 Act, section 4 of the 1991 Act is amended as follows—
a
omit subsection (1);
b
in subsections (3) and (4) omit “(1) or”; and
c
in subsection (8) omit “(except where it appears in the statement required by subsection (1))”.
Saving section 18 of the Children and Young Persons (Scotland) Act 19374
Notwithstanding the coming into force for all purposes of section 4 of the 2010 Act, section 18 of the Children and Young Persons (Scotland) Act 19373 shall continue to apply for the purposes of the definition of “tobacco” in section 4(8) of the 1991 Act.
SCHEDULE
Column 1 (provisions of the 2010 Act) | Column 2 (subject matter) | Column 3 (appointed day) | Column 4 (purpose) |
---|---|---|---|
Section 4 | Sale of tobacco products to persons under 18 | 24th October 2010 | For purpose of prescribing under section 4(4)(c) |
Section 4 | Sale of tobacco products to persons under 18 | 1st April 2011 | For all other purposes |
Section 5 | Purchase of tobacco products by persons under 18 | 1st April 2011 | |
Section 6 | Purchase of tobacco products on behalf of persons under 18 | 1st April 2011 | |
Section 7 | Confiscation of tobacco products from persons under 18 | 1st April 2011 | |
Section 8 | Display of Warning Statements | 24th October 2010 | For purpose of prescribing under section 8(5) |
Section 8 | Display of Warning Statements | 1st April 2011 | For all other purposes |
Section 10 | Register of tobacco retailers | 1st April 2011 | |
Section 11 | Application for registration and addition of premises etc. | 24th October 2010 | For purpose of prescribing under section 11(2)(d) |
Section 11 | Application for registration and addition of premises etc. | 1st April 2011 | For all other purposes |
Section 12 | Certificates of Registration | 1st April 2011 | |
Section 13 | Duty to notify certain changes to the Register | 1st April 2011 | |
Section 14 | Changes to and removal from the Register | 1st April 2011 | |
Section 15 | Tobacco retailing banning orders | 1st October 2011 | |
Section 16 | Tobacco retailing banning orders: ancillary orders | 1st October 2011 | |
Section 17 | Tobacco retailing banning orders etc.: appeals | 1st October 2011 | |
Section 18 | Tobacco retailing banning orders etc.: notification to Scottish Ministers | 1st October 2011 | |
Section 19 | Tobacco retailing banning orders: display of notices | 24th October 2010 | For purpose of prescribing under section 19(5) |
Section 19 | Tobacco retailing banning orders: display of notices | 1st October 2011 | For all other purposes |
Section 20 | Offences relating to the Register | 1st October 2011 | |
Section 21 | Public inspection of Register | 1st October 2011 | |
Section 22 | Council access to Register | 1st October 2011 | |
Section 23 | Delegation of functions relating to Register | 1st October 2011 | |
Section 24 | Vehicles, vessels and moveable structures | 24th October 2010 | |
Section 25 | Enforcement | 1st April 2011 | |
Section 26 | Programmes of Enforcement | 1st April 2011 | |
Section 27 | Fixed penalties | 24th October 2010 | For purpose of giving effect to Schedule 1 for the purpose of prescribing under paragraphs 3 and 4 of that Schedule |
Section 27 | Fixed penalties | 1st April 2011 | For all other purposes |
Sections 28, 29, 30, 31 and 32 | Powers of entry etc. | 1st April 2011 | |
Sections 33, 34, 35 and 36 | Miscellaneous and Supplementary | 1st April 2011 | |
Schedule 1 | Fixed penalties | 24th October 2010 | For purpose of prescribing under paragraphs 3 and 4 |
Schedule 1 | Fixed penalties | 1st April 2011 | For all other purposes |
(This note is not part of the Order)