2017 No. 12 (C. 2)
The Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (Commencement No. 1) Regulations 2017
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 36(2) and (3) of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 20161.
Citation and commencement1
These Regulations may be cited as the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (Commencement No. 1) Regulations 2017 and come into force on 6th February 2017.
Appointed day2
1
Subject to paragraph (2), the day appointed for the coming into force of the provisions of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 specified in column 1 of the schedule (the subject matter of which is described in column 2 of the schedule) is the day specified in column 3 of the schedule.
2
Where a purpose is specified in column 4 of that schedule, a provision mentioned in column 1 comes into force in accordance with paragraph (1) only for that purpose.
SCHEDULE
Column 1 Provisions of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 | Column 2 Subject matter | Column 3 Appointed day | Column 4 Purpose |
---|---|---|---|
Section 1 | Meaning of “nicotine vapour products” | 6th February 2017 | |
Section 2 | Sale of nicotine vapour products to persons under 18 | 6th February 2017 | So far as is necessary to enable the Scottish Ministers to make regulations under section 4A(4)(c) of the Tobacco and Primary Medical Services (Scotland) Act 20102 |
Section 2 | Sale of nicotine vapour products to persons under 18 | 1st April 2017 | For all other purposes |
Section 3 | Age verification policy | 1st April 2017 | |
Section 4 | Sale by persons under 18 | 6th February 2017 | So far as is necessary to enable the Scottish Ministers to make regulations under section 4C(5) of the Tobacco and Primary Medical Services (Scotland) Act 2010 |
Section 4 | Sale by persons under 18 | 1st April 2017 | For all other purposes |
Section 5 | Defence of due diligence for certain offences | 1st April 2017 | |
Section 6 | Purchase of nicotine vapour products on behalf of persons under 18 | 1st April 2017 | |
Section 7 | Extension of vending machine prohibition | 1st April 2017 | |
Section 8 | Register of tobacco and nicotine vapour product retailers | 6th February 2017 | So far as is necessary to enable the Scottish Ministers to make regulations under section 11(2)(d) of the Tobacco and Primary Medical Services (Scotland) Act 2010 |
Section 8 | Register of tobacco and nicotine vapour product retailers | 1st April 2017 | For all other purposes |
Section 9(1) | Registration and changes to the Register | 6th February 2017 | So far as is necessary to enable the Scottish Ministers to make regulations under section 11(2)(d) of the Tobacco and Primary Medical Services (Scotland) Act 2010 |
Section 9(1) | Registration and changes to the Register | 1st April 2017 | For all other purposes |
Section 9(2), (3) and (4) | Registration and changes to the Register | 1st April 2017 | |
Section 10 | Tobacco and nicotine vapour product banning orders | 6th February 2017 | So far as is necessary to allow the Scottish Ministers to make regulations under section 19(5) of the Tobacco and Primary Medical Services (Scotland) Act 2010 |
Section 10 | Tobacco and nicotine vapour product banning orders | 1st October 2017 | For all other purposes |
Section 11 | Offences relating to the Register | 1st October 2017 | |
Section 12 | Public inspection of the Register | 1st April 2017 | |
Section 13 | Power to exclude certain premises | 6th February 2017 | |
Section 14 | Presumption as to contents of container | 1st April 2017 | |
Section 15(1), (2), (9), (10) and (11) | Part 1 of the 2010 Act: miscellaneous | 1st April 2017 | |
Section 15(3), (4), (5), (6), (7) and (8) | Part 1 of the 2010 Act: miscellaneous | 1st October 2017 | |
Section 16 | Meaning of “the 2010 Act” | 6th February 2017 |
(This note is not part of the Regulations)