2. The documents and descriptions of documents prescribed M1 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 hologram M2;
(c)a national identity card issued by a member State M3 F1..., Norway, Iceland, Liechtenstein or Switzerland M4; and
(d)a Biometric Immigration Document M5.
Textual Amendments
F1Words 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, 6; 2020 c. 1, Sch. 5 para. 1(1)
Marginal Citations
M1“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.
M2The 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.
M3Part II of schedule 1 of the European Communities Act 1972 (c.68) (“the 1972 Act”) 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 the European Union signed at Maastricht on 7th February 1992 (as amended by any later Treaty). Schedule 1 (read with section 25(1)) of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) provides that “the EU” and other expressions defined by section 1 and schedule 1 of the 1972 Act have the meanings given by that Act when used in a Scottish instrument.
M4The States listed are the present members of the European Economic Area and Switzerland.
M5A Biometric Immigration Document is issued in accordance with the Immigration (Biometric Registration) Regulations 2008 (S.I. 2008/3048) as amended by S.I. 2009/819, S.I. 2009/3321, S.I. 2010/2958, S.I. 2012/594, S.I. 2015/433 and S.I. 2015/897.