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

Part 1 Tobacco products etc.

Chapter 1 Display, sale and purchase of tobacco products

Display of tobacco products etc.

2 Displays which are also advertisements

The Scottish Ministers may by regulations provide that a display of tobacco products or smoking related products which also amounts to an advertisement is to be treated for the purposes of offences under this Act and the Tobacco Advertising and Promotion Act 2002—

(a) as an advertisement and not as a display, or

(b) as a display and not as an advertisement.