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Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016

The 2010 Act: miscellaneous
Section 13 – Power to exclude certain premises

49.Section 13 of the Act amends section 35 (interpretation of Part 1) of the 2010 Act to define “vehicle” and to include a regulation-making power for the Scottish Ministers enabling them to exclude specified kinds of aircraft or ship, boat or other water-going vessel.

Section 14 – Presumption as to contents of container

50.Section 14 of the Act amends section 33 (presumption as to contents of container) of the 2010 Act. This section of the 2010 Act currently contains a presumption in prosecutions for displaying tobacco products (and smoking related products) or for selling tobacco to persons under 18. The presumption is that the contents of a container are what would be expected given the packaging. The presumption can be rebutted by the accused or another party in a trial. As amended by the Act, the presumption now applies in the case of the following offences—

  • selling a tobacco product to a person under the age of 18 (section 4),

  • selling a NVP to a person under the age of 18 (section 4A),

  • failing to operate an age verification policy (section 4B),

  • allowing the sale of a tobacco product or NVP by an unauthorised person under 18 (section 4C),

  • purchasing of tobacco by a person under 18 (section 5),

  • purchasing a tobacco product or NVP on behalf of a person under 18 (section 6 and 6A),

  • managing or controlling premises on which a tobacco vending machine is available for use (section 9).

Section 15 - Part 1 of the 2010 Act: miscellaneous

51.Section 15 of the Act makes a number of amendments to the titles and headings of provisions in the 2010 Act to reflect the amendments made by sections 1 to 14 of the Act.

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