The Tobacco and Primary Medical Services (Scotland) Act 2010 (Commencement No. 1, Consequential and Saving Provisions) Order 2010

Made: 27th September 2010

The Scottish Ministers make the following Order in exercise of the powers conferred by sections40(1) and (2) and 43(3) of the Tobacco and Primary Medical Services (Scotland) Act 2010[^f00001].

Citation and interpretation

1

• (1) This Order may be cited as the Tobacco and Primary Medical Services (Scotland) Act 2010 (Commencement No.1, Consequential and Saving Provisions) Order 2010.

• (2) In this Order—

• “the 2010 Act” means the Tobacco and Primary Medical Services (Scotland) Act 2010; and

• “the 1991 Act” means the Children and Young Persons (Protection from Tobacco) Act 1991[^f00002].

Commencement of sections4 to 8, 10 to 36 and Schedule1 of the 2010 Act

2

• (1) Subject to paragraph (2), the day appointed for the coming into force of the provisions of the 2010 Act specified in column 1 of the table in the Schedule to this Order (the subject matter of which is specified in column 2 of that table) is the day specified in column 3 of that table.

• (2) Where a purpose is specified in column 4 of that table, a provision mentioned in column 1 comes into force in accordance with paragraph (1) only for that purpose.

Consequential amendment of section4 of the Children and Young Persons (Protection from Tobacco) Act 1991

3

On the coming into force, for all purposes, of section8 of the 2010 Act, section4 of the 1991 Act is amended as follows—

• (a) omit subsection(1);

• (b) in subsections(3) and (4) omit “(1) or”; and

• (c) in subsection (8) omit “(except where it appears in the statement required by subsection(1))”.

Saving section 18 of the Children and Young Persons (Scotland) Act 1937

4

Notwithstanding the coming into force for all purposes of section 4 of the 2010 Act, section18 of the Children and Young Persons (Scotland) Act 1937[^f00003] shall continue to apply for the purposes of the definition of “tobacco” in section 4(8) of the 1991 Act.

SCHEDULE

Signed

SHONA ROBISON — Authorised to sign by the Scottish Ministers — 27th September 2010

Editorial notes

[^key-600b75f460d0bfb5ceb23b2f624d0d35]: Art. 1 in force at made date

[^key-31935b4989cf7559c2612f3e374b3475]: Art. 2 in force at made date

[^key-017c049552fe5f5ee2997fea471c3fed]: Art. 3 in force at made date

[^key-a2b21b239155fef2239f24576b95d0f8]: Art. 4 in force at made date

[^key-13008415d7d8e54e56b523c17f9ed867]: Sch. in force at made date

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

Sections40, 41, 42 and 43 of the Tobacco and Primary Medical Services (Scotland) Act 2010 (“the 2010 Act”) came into force on Royal Assent.

The commencement of section41 which gave effect to Schedule2 to the 2010 Act must be read subject to the Tobacco and Primary Medical Services (Scotland) Act 2010 (Ancillary Provisions) Order 2010 (S.S.I.2010/77) (“the Ancillary Order”) which provides that the modifications in that Schedule shall not take effect until the coming into force for all purposes of specified sections of the 2010 Act.

This Order brings into force certain other provisions including sections4 and 26 referred to in the Ancillary Order.

The Schedule to this Order sets out a table specifying the day certain provisions in the 2010 Act are to come into force. Some provisions come into force on one day for the limited purpose of allowing Scottish Ministers to exercise a power to make subordinate legislation. They then come into force in full on a later day.

Article2 of the Order provides that the provisions specified in column1 of the table come into force on the day specified in column3 of the table. If a purpose is specified in column4, the provision only comes into force for that purpose.

The following provisions of the 2010 Act come into force for the limited purpose of prescribing on 24thOctober 2010.

• Section4 — to allow Scottish Ministers to prescribe a document which can be shown to prove that a person is 18 or over when tobacco is being sold. This is in addition to a passport and EU photo card driving licence which are provided for in the 2010 Act.

• Section8 — to allow the Scottish Ministers to prescribe the dimensions of the warning notice to be displayed in premises where a tobacco business is carried on and the size of the statement on it.

• Section11 — to allow the Scottish Ministers to prescribe the information which must be on an application for registration as a tobacco retailer in addition to that required by section11 of the 2010 Act.

• Section19 — to allow the Scottish Ministers to prescribe the dimensions of and wording and size of the statement on the notice which a person must display under section19 of the 2010 Act if they are subject to a tobacco retailing banning order.

• Section24 — to allow the Scottish Ministers to make regulations to modify Chapter2 of the 2010 Act (Register of Tobacco Retailers) to apply it to moveable premises.

• Section27 and paragraphs3 and 4 of Schedule1 to the 2010 Act — to allow the Scottish Ministers to prescribe the period after which in relation to an offence, a fixed penalty notice may not be given and the amount and discounted amount of fixed penalties.

The following provisions of the 2010 Act come into force for all purposes on 1stApril 2011.

• Section4 — which provides that it is an offence to sell a tobacco product or cigarette papers to a person under the age of 18.

• Section5 — which makes it an offence for a person under the age of 18 to buy or attempt to buy a tobacco product or cigarette papers.

• Section6 — which makes it an offence to buy or attempt to buy a tobacco product or cigarette papers on behalf of a person under 18.

• Section7 — which gives the police power to confiscate tobacco products or cigarette papers from a person under 18 in a public place.

• Section8 — which requires tobacco retailers to display a warning notice in their premises.

• Section10 — which requires the Scottish Ministers to set up a register of tobacco retailers.

• Sections11, 12, 13 and 14 — which make further provision regarding the register of tobacco retailers.

• Sections25 and 26 — section25 gives Councils the duty to enforce the provisions under Chapters1 and 2 of the 2010 Act (sales of tobacco and the register); section26 requires Councils to carry out a programme of enforcement action once a year.

• Section27 and Schedule1 — which provide for fixed penalties for offences under Chapters1 and 2 of the 2010 Act.

• Sections28 to 32 — which provide in relation to powers of entry.

• Sections33 to 36 — which make miscellaneous and supplementary provision.

The following provisions of the 2010 Act come into force, for all purposes, on 1stOctober 2011.

• Sections15, 16, 17, 18 and 19 — which make provision in relation to tobacco retailing banning orders.

• Section20 — which provides in relation to the offences relating to the register of tobacco retailers. In particular it is an offence to retail tobacco if not registered.

• Sections21, 22 and 23 — which make provision about access to the register of tobacco retailers and delegation of functions relating to the register.

Article3 of the Order amends section4 of the Children and Young Persons (Protection from Tobacco) Act 1991 (“the 1991 Act”) consequential on the coming into force of section 8 of the 2010 Act which is commenced in this Order. Article3(2) amends section4 of the 1991 Act to limit its application to warning notices on vending machines. On the commencement of section8 of the 2010 Act, regulation of warning notices in retail premises will be governed by that section.

In terms of the ancillary Order, section 18 of the Children and Young Persons (Scotland) Act 1937 (c.37) is repealed on the coming into force for all purposes of section 4 of the 2010 Act. Article 4 of this Order saves section 18 for the purpose of the definition of “tobacco” in section 4 of the 1991 Act which regulates the display of warning notices on vending machines.

Footnotes

[^f00001]: 2010 asp3.

[^f00002]: 1991 c.23.

[^f00003]: 1937 c.37.