2017 No. 13
Public Health

The Sale of Nicotine Vapour Products (Prescribed Documents) (Scotland) Regulations 2017

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 4A(4)(c) of the Tobacco and Primary Medical Services (Scotland) Act 20101 and all other powers enabling them to do so.

Citation and commencement1.

These Regulations may be cited as the Sale of Nicotine Vapour Products (Prescribed Documents) (Scotland) Regulations 2017 and come into force on 1st April 2017.

Sale of nicotine vapour products to persons under 18: prescribed documents2.

The documents and descriptions of documents prescribed2 for the purpose of section 4A(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 hologram3;

(c)

a national identity card issued by a member State4 (other than the United Kingdom), Norway, Iceland, Liechtenstein or Switzerland5; and

(d)

a Biometric Immigration Document6.
AILEEN CAMPBELL
Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations prescribe documents and descriptions of documents which may be used for proof of age for the purposes of section 4A of the Tobacco and Primary Medical Services (Scotland) Act 2010 (“the Act”).

It is an offence to sell a nicotine vapour product to a person under the age of 18 by virtue of section 4A of the Act. Under section 4A(2) it is a defence to a charge under section 4A(1) that the accused believed the person under the age of 18 to be aged 18 or over and the accused had taken reasonable steps to establish that person’s age. Section 4A(4) provides that a passport or a European Union photocard driving licence may be used to establish the person’s age for the purpose of section 4A(2)(b). These Regulations prescribe additional forms of identification which may be used for that purpose.