Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3)

Part 1 S [F1 Tobacco and nicotine vapour products etc.]

Textual Amendments

F1 Pt. 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.

Chapter 2 S [F2 Register of tobacco and nicotine vapour product retailers]

Textual Amendments

F2 Pt. 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)

C1 Pt. 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

Offences S

20 Offences relating to the Register S

(1) An unregistered person who carries on a tobacco [F3 or nicotine vapour product] business commits an offence.

(2) A registered person who carries on a tobacco business at premises other than those noted in the person's entry in the Register [F4 as premises at which the person carries on a tobacco business (or both a tobacco business and a nicotine vapour product business)] commits an offence.

[F5 (2A) A registered person who carries on a nicotine vapour product business at premises other than those noted in the person's entry in the Register as premises at which the person carries on a nicotine vapour product business (or both a tobacco business and a nicotine vapour product business) commits an offence.]

(3) A person who fails, without reasonable excuse, to comply with section 13(1) (duty to notify certain changes) commits an offence.

(4) A person who breaches a tobacco [F6 and nicotine vapour product] banning order or an ancillary order made under section 16 commits an offence.

(5) A person who fails, without reasonable excuse, to comply with section 19(2) (duty to display notice) commits an offence.

(6) A person guilty of an offence under—

(a) subsection (1), (2) [F7 , (2A)] or (4) is liable on summary conviction to—

(i) a fine not exceeding £20,000,

(ii) imprisonment for a term not exceeding 6 months, or

(iii) both,

(b) subsection (3) is liable on summary conviction to a fine not exceeding level 2 on the standard scale,

(c) subsection (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Textual Amendments

F3 Words in s. 20(1) inserted (1.10.2017) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 11(a), 36(2); S.S.I. 2017/12, reg. 2, sch.

F4 Words in s. 20(2) inserted (1.10.2017) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 11(b), 36(2); S.S.I. 2017/12, reg. 2, sch.

F5 S. 20(2A) inserted (1.10.2017) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 11(c), 36(2); S.S.I. 2017/12, reg. 2, sch.

F6 Words in s. 20(4) substituted (1.10.2017) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 11(d), 36(2); S.S.I. 2017/12, reg. 2, sch.

F7 Word in s. 20(6)(a) inserted (1.10.2017) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 11(e), 36(2); S.S.I. 2017/12, reg. 2, sch.

Commencement Information

I1 S. 20 in force at 1.10.2011 by S.S.I. 2010/345, art. 2, Sch.