S. 3A inserted (29.4.2026 for specified purposes) by Tobacco and Vapes Act 2026 (c. 18), ss. 64(2), 175(1)(2)

http://www.legislation.gov.uk/asp/2010/3/section/3ATobacco and Primary Medical Services (Scotland) Act 2010An Act of the Scottish Parliament to make provision about the retailing of tobacco products, including provision prohibiting the display of tobacco products and establishing a register of tobacco retailers; to amend the criteria for eligibility to provide primary medical services under the National Health Service (Scotland) Act 1978; and for connected purposes.texttext/xmlenStatute Law Database2026-06-19Expert Participation2026-04-29Tobacco and Primary Medical Services (Scotland) Act 2010s. 4(6)Tobacco and Vapes Act 2026s. 52(2)(c)s. 175(3)Tobacco and Primary Medical Services (Scotland) Act 2010s. 4B(3)(3A)Tobacco and Vapes Act 2026s. 52(3)(a)s. 175(3)Tobacco and Primary Medical Services (Scotland) Act 2010s. 4ETobacco and Vapes Act 2026s. 53(2)s. 175(1)Tobacco and Primary Medical Services (Scotland) Act 2010s. 9A and cross-headingTobacco and Vapes Act 2026s. 58s. 175(1)Tobacco and Primary Medical Services (Scotland) Act 2010s. 9BTobacco and Vapes Act 2026s. 59s. 175(1)Tobacco and Primary Medical Services (Scotland) Act 2010s. 9CTobacco and Vapes Act 2026s. 60(1)s. 175(1)Tobacco and Primary Medical Services (Scotland) Act 2010s. 4B(1A)Tobacco and Vapes Act 2026s. 61(4)(b)s. 175(1)Tobacco and Primary Medical Services (Scotland) Act 2010s. 35BTobacco and Vapes Act 2026s. 62s. 175(1)Tobacco and Primary Medical Services (Scotland) Act 2010s. 10(3)Tobacco and Vapes Act 2026Sch. 9 para. 4(b)s. 175(7)reg. 2(1)Tobacco and Primary Medical Services (Scotland) Act 2010s. 13(1)(c)-(e)Tobacco and Vapes Act 2026Sch. 9 para. 7s. 175(7)reg. 2(1)Part 1Tobacco and nicotine vapour products etc.Chapter 1Display, sale and purchaseDisplay of tobacco products etc.
3ADisplay of products or prices(1)

The Scottish Ministers may by regulations impose prohibitions, requirements or limitations on retailers in relation to—

(a)

the display, in the course of business, of relevant products in a place where those products are offered for sale;

(b)

the display, in the course of business, of empty retail packaging of relevant products in a place where those products are offered for sale;

(c)

the display, in the course of business, of prices of relevant products in a place where those products are offered for sale.

(2)

In subsection (1) “relevant products” means—

(a)

herbal smoking products,

(b)

vaping products, or

(c)

nicotine products.

(3)

In subsection (1)(a) a reference to a product includes anything that represents the product and that is intended to be exchanged for it at the point of sale.

(4)

Regulations under this section may create offences in relation to a failure to comply with the regulations.

(5)

The regulations must provide for any offence to be triable summarily and punishable with a fine not exceeding level 4 on the standard scale.

(6)

For the purposes of subsection (1), a website is not a place.

(7)

Before making regulations under this section the Scottish Ministers must consult any persons they consider it appropriate to consult.