Textual Amendments
F1Pt. 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.
Textual Amendments
F2Pt. 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.
Modifications etc. (not altering text)
C1Pt. 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
Textual Amendments
F3S. 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.
(1)A person against whom a tobacco [F5and 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 [F5and 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.
Textual Amendments
F4S. 17 title substituted (1.10.2017) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 15(5), 36(2); S.S.I. 2017/12, reg. 2, sch.
F5Words in s. 17 substituted (6.2.2017 for specified purposes, 1.10.2017 in so far as not already in force) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 10(3), 36(2); S.S.I. 2017/12, reg. 2, sch.
Commencement Information
I1S. 17 in force at 1.10.2011 by S.S.I. 2010/345, art. 2, Sch.