2017 No. 12 (C. 2)

Public Health

The Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (Commencement No. 1) Regulations 2017
Made
19th January 2017
Laid before the Scottish Parliament
23rd January 2017
Coming into force
6th February 2017
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 36(2) and (3) of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 .

Citation and commencement
1
These Regulations may be cited as the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (Commencement No. 1) Regulations 2017 and come into force on 6th February 2017.

Appointed day
2
1
Subject to paragraph (2), the day appointed for the coming into force of the provisions of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 specified in column 1 of the schedule (the subject matter of which is described in column 2 of the schedule) is the day specified in column 3 of the schedule.
2
Where a purpose is specified in column 4 of that schedule, a provision mentioned in column 1 comes into force in accordance with paragraph (1) only for that purpose.
AILEEN CAMPBELL
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
19th January 2017
SCHEDULE
Regulation 2
Column 1 Provisions of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 | Column 2 Subject matter | Column 3 Appointed day | Column 4 Purpose
Section 1 | Meaning of “nicotine vapour products” | 6th February 2017 |
Section 2 | Sale of nicotine vapour products to persons under 18 | 6th February 2017 | So far as is necessary to enable the Scottish Ministers to make regulations under section 4A(4)(c) of the Tobacco and Primary Medical Services (Scotland) Act 2010
Section 2 | Sale of nicotine vapour products to persons under 18 | 1st April 2017 | For all other purposes
Section 3 | Age verification policy | 1st April 2017 |
Section 4 | Sale by persons under 18 | 6th February 2017 | So far as is necessary to enable the Scottish Ministers to make regulations under section 4C(5) of the Tobacco and Primary Medical Services (Scotland) Act 2010
Section 4 | Sale by persons under 18 | 1st April 2017 | For all other purposes
Section 5 | Defence of due diligence for certain offences | 1st April 2017 |
Section 6 | Purchase of nicotine vapour products on behalf of persons under 18 | 1st April 2017 |
Section 7 | Extension of vending machine prohibition | 1st April 2017 |
Section 8 | Register of tobacco and nicotine vapour product retailers | 6th February 2017 | So far as is necessary to enable the Scottish Ministers to make regulations under section 11(2)(d) of the Tobacco and Primary Medical Services (Scotland) Act 2010
Section 8 | Register of tobacco and nicotine vapour product retailers | 1st April 2017 | For all other purposes
Section 9(1) | Registration and changes to the Register | 6th February 2017 | So far as is necessary to enable the Scottish Ministers to make regulations under section 11(2)(d) of the Tobacco and Primary Medical Services (Scotland) Act 2010
Section 9(1) | Registration and changes to the Register | 1st April 2017 | For all other purposes
Section 9(2), (3) and (4) | Registration and changes to the Register | 1st April 2017 |
Section 10 | Tobacco and nicotine vapour product banning orders | 6th February 2017 | So far as is necessary to allow the Scottish Ministers to make regulations under section 19(5) of the Tobacco and Primary Medical Services (Scotland) Act 2010
Section 10 | Tobacco and nicotine vapour product banning orders | 1st October 2017 | For all other purposes
Section 11 | Offences relating to the Register | 1st October 2017 |
Section 12 | Public inspection of the Register | 1st April 2017 |
Section 13 | Power to exclude certain premises | 6th February 2017 |
Section 14 | Presumption as to contents of container | 1st April 2017 |
Section 15(1), (2), (9), (10) and (11) | Part 1 of the 2010 Act: miscellaneous | 1st April 2017 |
Section 15(3), (4), (5), (6), (7) and (8) | Part 1 of the 2010 Act: miscellaneous | 1st October 2017 |
Section 16 | Meaning of “the 2010 Act” | 6th February 2017 |

EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations bring into force the provisions in chapter 1 of Part 1 of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (“the Act”) which concerns the sale and purchase of nicotine vapour products. The provisions come into force in 3 stages on 6th February 2017, 1st April 2017 and on 1st October 2017.
Sections 1 to 6 and 8 and 9 of the Act make amendments to the Tobacco and Primary Medical Services (Scotland) Act 2010 (“the 2010 Act”) to introduce controls on the sale and purchase of nicotine vapour products whilst section 7 provides a regulation making power to allow the definition of “vending machine” in section 9(3) of the 2010 Act to be amended to include automatic machines for the sale of nicotine vapour products.
Those provisions which come into force on 6th February 2017 are for the purposes of enabling the Scottish Ministers to make regulations under certain provisions of the 2010 Act . Section 1 of the Act, which provides a definition for “nicotine vapour product” in the 2010 Act, section 13, which amends the definition of “premises”, in the 2010 Act, and section 16, which defines “the 2010 Act” for the purposes of Part 1 of the Act, are also brought into force on 6th February 2017.
Sections 2 and 3 of the Act introduce two new offences under the 2010 Act – the sale of nicotine vapour products to persons under 18 (new section 4A) and the failure to operate an age verification policy whilst carrying on a tobacco or nicotine vapour product business (new section 4B). Section 4 of the Act inserts new section 4C into the 2010 Act. It provides that it is an offence for a responsible person to allow a tobacco product, cigarette papers or a nicotine vapour product to be sold by a person under the age of 18. That offence does not apply where the sale is made at premises noted in the register maintained by the Scottish Ministers under section 10 of the 2010 Act (“the Register”) and is authorised by the person registered for those premises. 1st April 2017 is the appointed day for the coming into force of those provisions and section 7 of the Act.
Sections 10 and 11 of the Act make amendments to the 2010 Act to include nicotine vapour product banning orders and introduce offences in relation to the Register in respect of nicotine vapour product businesses. 1st October 2017 is the appointed day for the coming into force of those provisions.
The Bill for the Act received Royal Assent on 6th April 2016. By virtue of section 36(1) of the Act, sections 34 (regulations), 35 (ancillary provision), 36 (commencement) and 37 (short title) came into force on the day after Royal Assent.
2016 asp 14.
2010 asp 3.