2013 No. 202

Public Health

The Sale of Tobacco (Prescribed Documents) (Scotland) Regulations 2013

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 4(4) of the Tobacco and Primary Medical Services (Scotland) Act 20101 and all other powers enabling them to do so.

Citation and commencementI11

These Regulations may be cited as the Sale of Tobacco (Prescribed Documents) (Scotland) Regulations 2013 and come into force on 1st October 2013.

Annotations:
Commencement Information
I1

Reg. 1 in force at 1.10.2013, see reg. 1

Sale of tobacco products to persons under 18 – prescribed documentsI32

The documents and descriptions of documents prescribed2 for the purposes of section 4(4)(c) of the Tobacco and Primary Medical Services (Scotland) Act 2010 (documents establishing a person’s age) are—

a

a Ministry of Defence Form 90 (Defence Identity Card);

b

a photographic identity card bearing the national Proof of Age Standards Scheme hologram3;

c

a national identity card issued by a member State4F1..., Norway, Iceland, Liechtenstein or Switzerland5; and

d

a Biometric Immigration Document6.

Revocation of the Sale of Tobacco (Prescribed Document) Regulations 2010I23

The Sale of Tobacco (Prescribed Document) Regulations 20107 are revoked.

Annotations:
Commencement Information
I2

Reg. 3 in force at 1.10.2013, see reg. 1

MICHAEL MATHESONAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh
EXPLANATORY NOTE

(This note is not part of the Regulations)

Section 4(1) of the Tobacco and Primary Medical Services (Scotland) Act 2010 (“the Act”) provides that it is an offence to sell a tobacco product or cigarette papers to a person under the age of 18.

Section 4(2) to (4) of the Act provides a defence to such a charge. The defence is that the accused believed the customer to be 18 or over and had been shown a document bearing to be a passport, EU photocard driving licence or other prescribed document and that the document shown would have convinced a reasonable person as to the customer’s age.

Regulation 2 of these Regulations prescribes additional forms of acceptable identification.

These are—

a

a Defence Identity Card issued by the Ministry of Defence;

b

a photographic identity card bearing the national Proof of Age Standards Scheme hologram;

c

a national identity card issued by an EU state (other than the UK), Norway, Iceland, Liechtenstein or Switzerland; and

d

a Biometric Immigration Document.

Regulation 3 revokes the Sale of Tobacco (Prescribed Document) Regulations 2010 which prescribed only (b) above as an additional form of acceptable identification.