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/8BTobacco 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

8BFree distribution of products: defences(1)

Where a person is charged with an offence under section 8A of giving away a vaping product or nicotine product, or a coupon for such a product, it is a defence for the person to prove that the product or coupon was given away in accordance with arrangements made by a public authority.

(2)

The Scottish Ministers may by regulations create further defences to the offence under section 8A of giving away a vaping product or nicotine product or a coupon for such a product.

(3)

Regulations under this section may amend this Part.