Explanatory Notes

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

2016 asp 14

06 April 2016

The Act – Overview

Part 1 – Tobacco, Nicotine Vapour Products and Smoking

Chapter 1 – Sale of Tobacco and Nicotine Vapour Products
Sale and purchase of tobacco and nicotine vapour products
Section 6 – Purchase of nicotine vapour products on behalf of persons under 18

28.Section 6(1) of the Act inserts section 6A (purchase of nicotine vapour products on behalf of persons under 18) into the 2010 Act.

29.Section 6A(1) makes it an offence for a person aged 18 or over to buy or attempt to buy a NVP on behalf of a person aged under 18. This is commonly known as a ‘proxy purchase’ offence. Section 6A(2) provides that a person who commits this offence is liable on summary conviction to a fine not exceeding level 5 on the standard scale (currently £5,000).