- Latest available (Revised)
- Original (As made)
The Sale of Tobacco (Prescribed Document) Regulations 2010
You are here:
- Scottish Statutory Instruments
- 2010 No. 406
- Whole Instrument
- Previous
- Next
What Version
Opening Options
More Resources
Status:
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Scottish Statutory Instruments
2010 No. 406
Public Health
The Sale of Tobacco (Prescribed Document) Regulations 2010
Made
18th November 2010
Laid before the Scottish Parliament
22nd November 2010
Coming into force
1st April 2011
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 4(4) of the Tobacco and Primary Medical Services (Scotland) Act 2010(1) and all other powers enabling them to do so.
Citation and commencement
1. These Regulations may be cited as the Sale of Tobacco (Prescribed Document) Regulations 2010 and come into force on 1st April 2011.
Sale of tobacco products to persons under 18 – prescribed document
2. The description of document prescribed(2) for the purposes of section 4(4)(c) (documents establishing a person’s age) of the Tobacco and Primary Medical Services (Scotland) Act 2010 is a photographic identity card bearing the national Proof of Age Standards Scheme(3) hologram.
SHONA ROBISON
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
18th November 2010
EXPLANATORY NOTE
(This note is not part of the Regulations)
Section 4 of the Tobacco and Primary Medical Services (Scotland) Act 2010 (“the Act”) provides that it is an offence to sell a tobacco product or cigarette papers to a person under the age of 18.
Section 4(2) to (4) of the Act makes provision in relation to a defence to such a charge. The defence is that the accused believed the customer to be over 18 and had been shown a valid passport, EU photo driving licence or other prescribed document and that the document shown would have convinced a reasonable person as to the customer’s age.
These Regulations prescribe a photographic identity card bearing the national Proof of Age Standards Scheme hologram as an additional form of acceptable identification (regulation 2).
(1)
(2)
“Prescribed” is defined in section 35 of the Tobacco and Primary Medical Services (Scotland) Act 2010 to mean prescribed in regulations made by the Scottish Ministers.
(3)
The national Proof of Age Standards Scheme is run by PASSCO, company number 4570623, a company limited by guarantee with its registered office at 21 Dartmouth Street, London SW1 9BP.
Options/Help
Print Options
PrintThe Whole Instrument
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Opening Options
Different options to open legislation in order to view more content on screen at once
Executive Note
Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as made version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.