Part 1F2Tobacco and nicotine vapour products etc.
C1Chapter 2F1Register of tobacco and nicotine vapour product retailers
Pt. 1 Ch. 2 title substituted (1.4.2017) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 15(10), 36(2); S.S.I. 2017/12, reg. 2, sch.
Pt. 1 Ch. 2 applied (with modifications) (1.4.2011) by The Sale of Tobacco (Registration of Moveable Structures and Fixed Penalty Notices) (Scotland) Regulations 2011 (S.S.I. 2011/23), regs. 1(1), regs. 2-4
F5Tobacco and nicotine vapour product banning orders
S. 15 cross-heading substituted (1.10.2017) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 15(8), 36(2); S.S.I. 2017/12, reg. 2, sch.
I117F4Tobacco and nicotine vapour product banning orders etc.: appeals
1
A person against whom a tobacco F3and nicotine vapour product banning order or an ancillary order under section 16 is made may appeal to the sheriff principal, whose decision is final.
2
An appeal under this section must be made within 21 days of the order being made.
3
Where the appeal is against a tobacco F3and nicotine vapour product banning order, the sheriff principal may determine the appeal by—
a
quashing the order (and any ancillary order under section 16 relating to the order),
b
substituting for the period specified in the order under section 15(5) such other period of effect (ending no later than 24 months after the day the order was granted) as the sheriff principal considers appropriate, or
c
refusing the appeal.
4
Where the appeal is against an ancillary order under section 16, the sheriff principal may determine the appeal by—
a
quashing the order, or
b
refusing the appeal.
Pt. 1 title substituted (1.4.2017) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 15(11), 36(2); S.S.I. 2017/12, reg. 2, sch.