http://www.legislation.gov.uk/ssi/2022/43/madeThe Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (Commencement No. 5) Regulations 2022enKing's Printer for Scotland2022-02-09PUBLIC HEALTH These Regulations bring into force section 20 (smoking outside hospitals) of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (“the Act”). 2022 No. 43 (C. 4) Public Health The Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (Commencement No. 5) Regulations 2022 Made 7th February 2022 Laid before the Scottish Parliament 9th February 2022 Coming into force 1st March 2022 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. 5) Regulations 2022 and come into force on 1 March 2022. 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. MAREE TODD Authorised to sign by the Scottish Ministers
St Andrew’s House, Edinburgh
7th February 2022 SCHEDULE Regulation 2
Column 1 Provision of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 Column 2 Subject matter Column 3 Appointed day Column 4 Purpose
Section 20Smoking outside hospitals2 March 2022So far as is necessary to enable the Scottish Ministers to lay and make regulations under sections 4C(4) and 4D(2), (4) and (5) and paragraph 4(1) of schedule 1 of the Smoking, Health and Social Care (Scotland) Act 2005.
Section 20Smoking outside hospitals5 September 2022For all other purposes.
EXPLANATORY NOTE (This note is not part of the Regulations)

These Regulations bring into force section 20 (smoking outside hospitals) of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (“the Act”).

Regulation 2 and the schedule provide that the day appointed for that section to come into force is— a 2 March 2022, so far as is necessary to enable the Scottish Ministers to lay and make regulations under sections 4C(4) and 4D(2), (4) and (5) and paragraph 4(1) of schedule 1 of the Smoking, Health and Social Care (Scotland) Act 2005, b 5 September 2022 for all other purposes.

The Bill for the Act received Royal Assent on 6 April 2016. Sections 34, 35, 36 and 37 of the Act came into force the following day.

 NOTE AS TO EARLIER COMMENCEMENT REGULATIONS (This note is not part of the Regulations)

The following provisions of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 have been brought into force by commencement regulations made before the date of these Regulations:
ProvisionDate of CommencementInstrument No.
Section 16 February 2017S.S.I. 2017/12
Section 2 for the purpose of making regulations6 February 2017S.S.I. 2017/12
Section 2 for all other purposes1 April 2017S.S.I. 2017/12
Section 31 April 2017S.S.I. 2017/12
Section 4 for the purpose of making regulations6 February 2017S.S.I. 2017/12
Section 4 for all other purposes1 April 2017S.S.I. 2017/12
Sections 5 to 71 April 2017S.S.I. 2017/12
Section 8 for the purpose of making regulations6 February 2017S.S.I. 2017/12
Section 8 for all other purposes1 April 2017S.S.I. 2017/12
Section 9(1) for the purpose of making regulations6 February 2017S.S.I. 2017/12
Section 9(1) for all other purposes1 April 2017S.S.I. 2017/12
Section 9(2), (3) and (4)1 April 2017S.S.I. 2017/12
Section 10 for the purpose of making regulations6 February 2017S.S.I. 2017/12
Section 10 for all other purposes1 October 2017S.S.I. 2017/12
Section 111 October 2017S.S.I. 2017/12
Section 121 April 2017S.S.I. 2017/12
Section 136 February 2017S.S.I. 2017/12
Section 141 April 2017S.S.I. 2017/12
Section 15(1) and (2)1 April 2017S.S.I. 2017/12
Section 15(3), (4), (5), (6), (7) and (8)1 October 2017S.S.I. 2017/12
Section 15(9), (10) and (11)1 April 2017S.S.I. 2017/12
Section 166 February 2017S.S.I. 2017/12
Section 21 for the purpose of making regulations1 October 2017S.S.I. 2017/294
Section 22 for the purpose of making regulations1 October 2017S.S.I. 2017/294
Section 23 for the purpose of making regulations1 October 2017S.S.I. 2017/294
Section 25(1) for the purpose of making regulations1 October 2017S.S.I. 2017/294
Sections 21 to 25, for all other purposes1 April 2018S.S.I. 2018/56
Sections 26 to 321 October 2017S.S.I. 2017/294
Section 3319 March 2018S.S.I. 2018/26

2016 asp 14. 2005 asp 13.