Scottish Statutory Instruments
Public Health
Made
19th January 2017
Laid before the Scottish Parliament
23rd January 2017
Coming into force
1st April 2017
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 4A(4)(c) of the Tobacco and Primary Medical Services (Scotland) Act 2010 M1 and all other powers enabling them to do so.
Marginal Citations
M12010 asp 3. Section 4A was inserted by section 2(1) of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14).
1. These Regulations may be cited as the Sale of Nicotine Vapour Products (Prescribed Documents) (Scotland) Regulations 2017 and come into force on 1st April 2017.
2. The documents and descriptions of documents prescribed M2 for the purpose of section 4A(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 hologram M3;
(c)a national identity card issued by a member State M4 F1..., Norway, Iceland, Liechtenstein or Switzerland M5; and
(d)a Biometric Immigration Document M6.
Textual Amendments
F1Words in reg. 2(c) omitted (31.12.2020) by virtue of The Public Health and Tobacco (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/142), regs. 1, 6; 2020 c. 1, Sch. 5 para. 1(1)
Marginal Citations
M2“Prescribed” is defined in section 35 of the Tobacco and Primary Medical Services (Scotland) Act 2010 to mean prescribed in regulations made by the Scottish Ministers.
M3The national Proof of Age Standards Scheme is run by PASSCO, company number 4570623, a company limited by guarantee with its registered office at 21 Dartmouth Street, London SW1 9BP.
M4Part II of schedule 1 of the European Communities Act 1972 (c.68) (“the 1972 Act”) provides that “member” in the expression “member State” refers to membership of the EU. Section 1(2) of that Act defines “the EU” to mean the European Union, being the Union established by the Treaty on the European Union signed at Maastricht on 7th February 1992 (as amended by any later Treaty). Schedule 1 (read with section 25(1)) of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) provides that “the EU” and other expressions defined by section 1 and schedule 1 of the 1972 Act have the meanings given by that Act when used in a Scottish instrument.
M5The States listed are the present members of the European Economic Area and Switzerland.
M6A Biometric Immigration Document is issued in accordance with the Immigration (Biometric Registration) Regulations 2008 (S.I. 2008/3048) as amended by S.I. 2009/819, S.I. 2009/3321, S.I. 2010/2958, S.I. 2012/594, S.I. 2015/433 and S.I. 2015/897.
AILEEN CAMPBELL
Authorised to sign by the Scottish Ministers
St Andrew's House,
Edinburgh
(This note is not part of the Regulations)
These Regulations prescribe documents and descriptions of documents which may be used for proof of age for the purposes of section 4A of the Tobacco and Primary Medical Services (Scotland) Act 2010 (“the Act”).
It is an offence to sell a nicotine vapour product to a person under the age of 18 by virtue of section 4A of the Act. Under section 4A(2) it is a defence to a charge under section 4A(1) that the accused believed the person under the age of 18 to be aged 18 or over and the accused had taken reasonable steps to establish that person's age. Section 4A(4) provides that a passport or a European Union photocard driving licence may be used to establish the person's age for the purpose of section 4A(2)(b). These Regulations prescribe additional forms of identification which may be used for that purpose.