Search Legislation

Tobacco and Primary Medical Services (Scotland) Act 2010

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Sale and purchase of tobacco and nicotine vapour products

 Help about opening options

Changes to legislation:

Tobacco and Primary Medical Services (Scotland) Act 2010, Cross Heading: Sale and purchase of tobacco and nicotine vapour products is up to date with all changes known to be in force on or before 09 August 2020. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

[F1Sale and purchase of tobacco and nicotine vapour products]S

Textual Amendments

F1S. 4 crossheading substituted (6.2.2017 for specified purposes, 1.4.2017 in so far as not already in force) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 2(2), 36(2); S.S.I. 2017/12, reg. 2, sch.

4Sale of tobacco products to persons under 18S

(1)A person who sells a tobacco product or cigarette papers to a person under the age of 18 commits an offence.

(2)It is a defence to a charge in proceedings against a person (“the accused”) under subsection (1) that—

(a)the accused believed the person under the age of 18 (“the customer”) to be aged 18 or over, and

(b)the accused had taken reasonable steps to establish the customer's age.

(3)For the purposes of subsection (2)(b), the accused is to be treated as having taken reasonable steps to establish the customer's age if and only if—

(a)the accused was shown any of the documents mentioned in subsection (4), and

(b)that document would have convinced a reasonable person as to the customer's age.

(4)The documents referred to in subsection (3)(a) are any document bearing to be—

(a)a passport,

(b)a European Union photocard driving licence, or

(c)such other document, or a document of such description, as may be prescribed.

(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.

Commencement Information

I1S. 4 in force at 24.10.2010 for specified purposes and 1.4.2011 in so far as not already in force by S.S.I. 2010/345, art. 2, Sch.

[F24ASale of nicotine vapour products to persons under 18S

(1)A person who sells a nicotine vapour product to a person under the age of 18 commits an offence.

(2)It is a defence to a charge in proceedings against a person (“the accused”) under subsection (1) that—

(a)the accused believed the person under the age of 18 (“the customer”) to be aged 18 or over, and

(b)the accused had taken reasonable steps to establish the customer's age.

(3)For the purposes of subsection (2)(b), the accused is to be treated as having taken reasonable steps to establish the customer's age if and only if—

(a)the accused was shown any of the documents mentioned in subsection (4), and

(b)that document would have convinced a reasonable person as to the customer's age.

(4)The documents referred to in subsection (3)(a) are any document bearing to be—

(a)a passport,

(b)a European Union photocard driving licence, or

(c)such other document, or a document of such description, as may be prescribed.

(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.]

Textual Amendments

F2S. 4A inserted (6.2.2017 for specified purposes, 1.4.2017 in so far as not already in force) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 2(1), 36(2); S.S.I. 2017/12, reg. 2, sch.

[F34BAge verification policyS

(1)A person commits an offence if the person—

(a)carries on a tobacco or nicotine vapour product business, and

(b)fails to operate an age verification policy in respect of premises at which the person carries on the tobacco or nicotine vapour product business.

(2)Subsection (1) does not apply to premises (“the business premises”) from which—

(a)tobacco products, cigarette papers or nicotine vapour products are, in pursuance of a sale, despatched for delivery to different premises, and

(b)no other tobacco or nicotine vapour product business is carried on from the business premises.

(3)An “age verification policy” is a policy that steps are to be taken to establish the age of a person attempting to buy a tobacco product, cigarette papers or a nicotine vapour product on the premises (the “customer”) if it appears to the person selling the tobacco product, cigarette papers or nicotine vapour product that the customer may be under the age of 25 (or such older age as may be specified in the policy).

(4)The Scottish Ministers may by regulations amend the age specified in subsection (3).

(5)The Scottish Ministers may publish guidance on matters relating to age verification policies, including, in particular, guidance about—

(a)steps that should be taken to establish a customer's age,

(b)documents that may be shown to the person selling a tobacco product, cigarette papers or a nicotine vapour product as evidence of a customer's age,

(c)training that should be undertaken by the person selling the tobacco product, cigarette papers or nicotine vapour product,

(d)the form and content of notices that should be displayed in the premises,

(e)the form and content of records that should be maintained in relation to an age verification policy.

(6)A person who carries on a tobacco or nicotine vapour product business must have regard to guidance published under subsection (5) when operating an age verification policy.

(7)A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.]

[F44CSale of tobacco or nicotine vapour products by persons under 18S

(1)A responsible person who allows a tobacco product, cigarette papers or a nicotine vapour product to be sold by a person under the age of 18 commits an offence.

(2)For the purposes of subsection (1), “responsible person” means—

(a)where the sale is at premises which are noted in a registered person's entry in the Register, the registered person for those premises,

(b)where the sale is at premises which are not noted in a registered person's entry in the Register—

(i)any employer of the person who made the sale, and

(ii)any other person having management or control of those premises.

(3)Subsection (1) does not apply to a sale which—

(a)is made at premises which are noted in a registered person's entry in the Register, and

(b)is authorised by the registered person for those premises.

(4)Each authorisation mentioned in subsection (3)(b) must be recorded and kept at the premises at which a sale by a person under the age of 18 is made.

(5)The Scottish Ministers may prescribe—

(a)the form and content of authorisations made under subsection (3)(b),

(b)the method of recording authorisations for the purposes of subsection (4).

(6)An authorisation is, for the purposes of subsection (3)(b), deemed not to have been made, if—

(a)it is not recorded and kept in accordance with subsection (4), or

(b)it is not made in accordance with any provision made under subsection (5).

(7)A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 1 on the standard scale.]

Textual Amendments

F4S. 4C inserted (6.2.2017 for specified purposes, 1.4.2017 in so far as not already in force) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 4, 36(2); S.S.I. 2017/12, reg. 2, sch.

[F54DDefence of due diligence for certain offencesS

(1)It is a defence for a person charged with an offence to which this section applies to prove that the person (or any employee or agent of the person) took all reasonable precautions and exercised all due diligence to prevent the offence being committed.

(2)This section applies to an offence under any of the following provisions of this Act—

(a)section 4(1),

(b)section 4A(1),

(c)section 4C(1).]

5Purchase of tobacco products by persons under 18S

(1)A person under the age of 18 who buys or attempts to buy a tobacco product or cigarette papers commits an offence.

(2)It is not an offence under subsection (1) for a person under the age of 18 to buy or attempt to buy a tobacco product or cigarette papers if the person is authorised to do so by a council officer or a constable for the purpose of determining whether an offence is being committed under section 4.

(3)A council officer or a constable may authorise a person under the age of 18 to buy or attempt to buy a tobacco product or cigarette papers only if satisfied that all reasonable steps have been or will be taken to avoid any risk to the welfare of the person.

(4)A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 1 on the standard scale.

Commencement Information

I2S. 5 in force at 1.4.2011 by S.S.I. 2010/345, art. 2, Sch.

6Purchase of tobacco products on behalf of persons under 18S

(1)A person aged 18 or over who knowingly buys or attempts to buy a tobacco product or cigarette papers on behalf of a person under the age of 18 commits an offence.

(2)A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Commencement Information

I3S. 6 in force at 1.4.2011 by S.S.I. 2010/345, art. 2, Sch.

[F66APurchase of nicotine vapour products on behalf of persons under 18S

(1)A person aged 18 or over who knowingly buys or attempts to buy a nicotine vapour product on behalf of a person under the age of 18 commits an offence.

(2)A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.]

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

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

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 Government 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

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

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