8 DisplaysF1: Scotland

(1)

A person who in the course of a business displays or causes to be displayedF2in Scotland tobacco products or their prices F3in a place or on a website where tobacco products are offered for sale is guilty of an offence if the display does not comply with such requirements (if any) as may be specified by the appropriate Minister in regulations.

F4(1A)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(2)

Nothing in subsection (1) makes it an offence for a service provider established outside the United Kingdom to do anything in the course of providing information society services.

(3)

F6 The regulations may, in particular, provide for the meaning of “ place ” in subsection (1).

(4)

The regulations must make provision for a display which also amounts to an advertisement to be treated for the purpose of offences under this Act—

(a)

as an advertisement and not as a display, or

(b)

as a display and not as an advertisement.