Search Legislation

Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016

Status:

This is the original version (as it was originally enacted).

10Tobacco and nicotine vapour product banning orders
This section has no associated Explanatory Notes

(1)In section 15 of the 2010 Act (banning orders)—

(a)in subsection (1), after “tobacco” insert “or nicotine vapour product”,

(b)in subsection (2), after “tobacco” insert “or nicotine vapour product”,

(c)in subsection (3)—

(i)after “tobacco” insert “or nicotine vapour product”,

(ii)in paragraph (a), for “the person has been the subject of” substitute “there have been”, and

(iii)in paragraph (d), the word “further” is repealed,

(d)in subsection (4)—

(i)for “person is the subject of a relevant enforcement action if the person”, substitute “relevant enforcement action occurs where a person mentioned in subsection (4A)”,

(ii)the word “or” immediately following paragraph (a) is repealed,

(iii)after paragraph (b), insert , or

(c)convicted of an offence under section 92(1)(b) or (c) of the Trade Marks Act 1994 (unauthorised use of trade mark in relation to goods) in circumstances where the goods in question are, or include, tobacco products, smoking related products or nicotine vapour products.,

(e)after subsection (4), insert—

(4A)The persons are—

(a)the person who is the subject of the application,

(b)an employee or agent of that person., and

(f)in subsection (6), for “retailing” substitute “and nicotine vapour product”.

(2)In section 16 of the 2010 Act (ancillary orders)—

(a)in subsection (1), for “retailing”, in both places where it occurs, substitute “and nicotine vapour product”,

(b)in subsection (2), after “tobacco”, in each place where it occurs, insert “or nicotine vapour product”,

(c)in subsection (3)(b), for “retailing” substitute “and nicotine vapour product”,

(d)in subsection (4), for “retailing” substitute “and nicotine vapour product”, and

(e)in subsection (5), for “retailing” substitute “and nicotine vapour product”.

(3)In section 17 of the 2010 Act (appeals), for “retailing”, in both places where it occurs, substitute “and nicotine vapour product”.

(4)In section 18(1) of the 2010 Act (notification to Scottish Ministers), for “retailing” substitute “and nicotine vapour product”.

(5)In section 19 of the 2010 Act (display of notices)—

(a)in subsection (1)(a), for “retailing” substitute “and nicotine vapour product”,

(b)in subsection (3), for “retailing”, in both places where it occurs, substitute “and nicotine vapour product”, and

(c)for subsection (4), for “or smoking related products” substitute “, smoking related products or nicotine vapour products”.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources