Tobacco and Primary Medical Services (Scotland) Act 2010

[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,

[F2(aa)a UK driving licence,]

(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

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.

[F34ASale 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,

[F4(aa)a UK driving licence,]

(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

F3S. 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.

[F54BAge 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.]

Textual Amendments

[F64CSale 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

F6S. 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.

[F74DDefence 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).]

Textual Amendments

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.

[F86APurchase 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.]

Textual Amendments