Ss. 8A, 8B and cross-heading inserted (29.4.2026 for specified purposes) by Tobacco and Vapes Act 2026 (c. 18), ss. 65(1), 175(1)(2)

http://www.legislation.gov.uk/asp/2010/3/section/8ATobacco 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 purchaseFree distribution etc
8AFree distribution and discount of products(1)

A person commits an offence if—

(a)

the person—

(i)

gives away a product or coupon to a member of the public or sells by retail a product or coupon at a substantial discount, or

(ii)

causes or permits that to happen, and

(b)

either—

(i)

their purpose in doing so is to promote a relevant product, or

(ii)

the effect of their doing so will be to promote a relevant product and they know, or have reason to suspect, that will be the effect.

(2)

In subsection (1) “relevant product” means—

(a)

a tobacco product,

(b)

a herbal smoking product,

(c)

a smoking related product,

(d)

a vaping product, or

(e)

a nicotine product.

(3)

A person who commits an offence under this section is liable—

(a)

on summary conviction, to imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both;

(b)

on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.

(4)

In this section “coupon” means anything (whether in physical or electronic form) which, by itself or together with something else, can be redeemed for a product or service or for cash or any other benefit.