The Sale of Tobacco (Prescribed Documents) (Scotland) Regulations 2013

Sale of tobacco products to persons under 18 – prescribed documents S

2.  The documents and descriptions of documents prescribed(1) for the purposes of section 4(4)(c) of the Tobacco and Primary Medical Services (Scotland) Act 2010 (documents establishing a person’s age) are—

(a) a Ministry of Defence Form 90 (Defence Identity Card);

(b) a photographic identity card bearing the national Proof of Age Standards Scheme hologram(2);

(c) a national identity card issued by a member State(3) F1 ..., Norway, Iceland, Liechtenstein or Switzerland(4); and

(d) a Biometric Immigration Document(5).

Textual Amendments

F1 Words in reg. 2(c) omitted (31.12.2020) by virtue of The Public Health and Tobacco (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/142), regs. 1, 5; 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I1 Reg. 2 in force at 1.10.2013, see reg. 1

(1)

“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.

(2)

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.

(3)

Part II of Schedule 1 to the European Communities Act 1972 provides that “member”, in the expression “member State”, refers to membership of the EU. Section 1(2) of that Act defines “the EU” to mean the European Union, being the Union established by the Treaty on European Union signed at Maastricht on 7th February 1992 (as amended by any later Treaty). Schedule 1 (read with section 25(1)) to the Interpretation and Legislative Reform (Scotland) Act 2010 provides that “the EU” and other expressions defined by section 1 of and Schedule 1 to the 1972 Act have the meanings given by that Act when used in a Scottish instrument.

(4)

The States listed are the present members of the European Economic Area and Switzerland.

(5)

A Biometric Immigration Document is issued in accordance with the Immigration (Biometric Registration) Regulations 2008 (S.I. 2008/3048); amended by S.I. 2009/819 and S.I. 2012/594.