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(1)Where a constable has reasonable grounds for suspecting that a person in a public place—
(a)is under the age of 18, and
(b)is in possession of a tobacco product or cigarette papers,
the constable may require the person to surrender the tobacco product or, as the case may be, the cigarette papers to the constable.
(2)A constable making a requirement under subsection (1) may also require the person to supply the constable with the person's name and address.
(3)Where a constable makes a requirement under subsection (1) the constable must inform the person concerned—
(a)of the constable's suspicion, and
(b)of the fact that failure to comply with a requirement made under subsection (1) or (2) is an offence.
(4)A constable may arrest without warrant any person who fails to comply with a requirement made under subsection (1).
(5)A person who fails to comply with a requirement made under subsection (1) or (2) commits an offence.
(6)A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(7)The constable may dispose of any tobacco product or cigarette papers surrendered to the constable in such manner as the constable considers appropriate.
(8)In this section “public place” includes—
(a)any place to which the public have access for the time being (whether on payment of a fee or otherwise), and
(b)any place to which the public do not have access but to which the person mentioned in subsection (1) has unlawfully gained access.
(1)A person who carries on a tobacco business must display a notice in accordance with subsection (2) in any premises where that business is carried on.
(2)The notice must—
(a)contain the following statement— “ It is illegal to sell tobacco products to anyone under the age of 18 ”, and
(b)be displayed in a prominent position in the premises where the statement is readily visible to persons at the point of sale of the tobacco products.
(3)A person who fails, without reasonable excuse, to comply with subsection (1) commits an offence.
(4)A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(5)The Scottish Ministers may prescribe the dimensions of the notice to be displayed in accordance with this section and the size of the statement to be displayed on it.
(1)A person who has the management or control of premises on which a vending machine is available for use commits an offence.
(2)A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(3)In this section, “vending machine” means an automatic machine for the sale of tobacco products (regardless of whether the machine also sells other products).
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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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