In this Part—

• “area”—

  1. (a)

     in relation to a council, means the local government area for which the council is constituted,

  2. (b)

     in relation to a council officer, means the area of the council which authorised the officer,

• “council” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c.39),

• “council officer” means a duly authorised officer of a council,

• “fixed penalty notice” is to be construed in accordance with section 27 and schedule 1,

• F1“nicotine vapour product business” means a business involving the sale of nicotine vapour products by retail,

• “premises” includes any place and any vehicle F2or moveable structure (and, for this purpose, “vehicle” includes any aircraft or ship, boat or other water-going vessel, other than one of a prescribed description) ,

• “prescribed” means prescribed in regulations made by the Scottish Ministers (and “prescribe” is to be construed accordingly),

• “registered” and “unregistered” have the meaning given in section 10(2),

• “tobacco business” means a business involving the sale of tobacco products by retail,

• F3“tobacco or nicotine vapour product business” means a business which involves (either or both) a tobacco business or a nicotine vapour product business,

• “tobacco product” means a product consisting wholly or partly of tobacco and intended to be smoked, sniffed, sucked or chewed,

• “tobacco retailing banning order” has the meaning given in section 15(6).

For the purposes of this Part, the following are smoking related products—

• cigarette papers

• cigarette tubes

• cigarette filters

• apparatus for making cigarettes

• cigarette holders

• pipes for smoking tobacco products.

The Scottish Ministers may by order modify the list in subsection (2) as they consider appropriate.