Search Legislation

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

What Version

 Help about what version

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally enacted).

18Free distribution and nominal pricing

This section has no associated Explanatory Notes

(1)The Scottish Ministers may by regulations make provision prohibiting or restricting, in the course of a business—

(a)giving away to the public any product or coupon (separately or with something else), where the purpose or effect is to promote a nicotine vapour product,

(b)making products or coupons available to the public (separately or with something else) for a nominal sum, where the purpose or effect is to promote a nicotine vapour product.

(2)Regulations under subsection (1) may in particular—

(a)make provision for offences and penalties for a person who contravenes a prohibition or restriction mentioned in subsection (1),

(b)make further provision about the circumstances in which a product or coupon is to be treated as being made available for a nominal sum,

(c)provide for exceptions to the offences mentioned in paragraph (a),

(d)provide for defences to the offences,

(e)impose on a person a duty to enforce the provisions in the regulations and, in relation to such a duty, apply with modifications, or make provision equivalent to, sections 25 and 26 of the 2010 Act,

(f)provide powers to a person whose duty it is to enforce the provisions and, in relation to such powers, apply with modifications, or make provision equivalent to, sections 28 to 32 of the 2010 Act.

(3)The maximum penalties that may be provided for in regulations under subsection (1) for a person who commits an offence under those regulations are—

(a)on summary conviction, imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum or both,

(b)on conviction on indictment, imprisonment for a term not exceeding 2 years or a fine or both.

(4)In this section—

  • “coupon” means a document or other thing which, by itself or not, can be redeemed for a product or service or for cash or for any other benefit,

  • “nicotine vapour product” has the meaning given in section 35A of the 2010 Act,

  • “public” means the public at large, or any section of the public or individually selected members of the public.

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