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Tobacco and Primary Medical Services (Scotland) Act 2010

Schedule 2 – Minor and Consequential Modifications

69.Schedule 2 amends and repeals various enactments. Most of the provisions repealed are being replaced by similar provisions in the Act.

70.The provision repealed by paragraph 1 is replaced by section 4 of the Act.

71.Section 6 of the Children and Young Persons (Protection from Tobacco) Act 1991 has been modified to reflect the repeal of certain offences.

72.Paragraph 3 amends section 6(1)(a) of the Tobacco Advertising and Promotion Act 2002 (TAPA). Section 6(1) of TAPA allowed the advertisement of tobacco products other than cigarettes or hand-rolling tobacco if the advertisement is in or fixed to the outside of a specialist tobacconist and complies with other requirements set put on regulations. This amendment means that specialist tobacconists can only advertise specialist tobacco products inside their premises. The Scottish Ministers retain the power to set additional requirements in regulations.

73.The amendments in paragraph 4 limit section 8 of the Tobacco Advertising and Promotion Act 2002 to the regulation of the display of tobacco products on websites. Other displays are now banned by virtue of section 1 of the Act.

74.Paragraph 5 repeals section 9 of the Smoking, Health and Social Care (Scotland) Act 2005 which contained a power to modify the age specified in section 18 of the Children and Young Persons (Scotland) Act 1937. Now that section 18 is being repealed by paragraph 1, the provision in the 2005 Act is not needed.

75.The amendments in paragraph 6 limit section 17D of the 1978 Act so that it relates only to agreements for personal dental services and not primary medical services. The lists of persons who can be parties to personal dental services agreements are unchanged.

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