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Tobacco and Primary Medical Services (Scotland) Act 2010

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This is the original version (as it was originally enacted).

1Prohibition of tobacco displays etc.
This section has no associated Explanatory Notes

(1)A person who in the course of business displays or causes to be displayed tobacco products or smoking related products in a place where tobacco products are offered for sale commits an offence.

(2)A person does not commit an offence under subsection (1) if the display—

(a)is in a specialist tobacconist,

(b)does not include cigarettes or hand-rolling tobacco, and

(c)complies with any prescribed requirements.

(3)A person does not commit an offence under subsection (1) if—

(a)the tobacco products or smoking related products are displayed in the course of a business involving the sale of tobacco products only to persons who carry on a tobacco business (or their employees), and

(b)the display complies with any prescribed requirements.

(4)The Scottish Ministers may provide in regulations that no offence is committed under subsection (1) in relation to a display of tobacco products or smoking related products which complies with requirements specified in the regulations.

(5)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.

(6)For the purposes of subsection (1), a website is not a place.

(7)In subsection (2), “specialist tobacconist” has the meaning given by section 6(2) of the Tobacco Advertising and Promotion Act 2002 (c.36).

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