The Sale of Tobacco (Prescribed Document) Regulations 2010

Made: 18th November 2010

Laid before the Scottish Parliament: 22nd November 2010

Coming into force: 1st April 2011

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section4(4) of the Tobacco and Primary Medical Services (Scotland) Act 2010[^f00001] and all other powers enabling them to do so.

Citation and commencement

1

These Regulations may be cited as the Sale of Tobacco (Prescribed Document) Regulations 2010 and come into force on 1st April 2011.

Sale of tobacco products to persons under 18 – prescribed document

2

The description of document prescribed[^f00002] for the purposes of section 4(4)(c) (documents establishing a person’s age) of the Tobacco and Primary Medical Services (Scotland) Act 2010 is a photographic identity card bearing the national Proof of Age Standards Scheme[^f00003] hologram.

Signed

SHONA ROBISON — Authorised to sign by the Scottish Ministers — 18th November 2010

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

Section 4 of the Tobacco and Primary Medical Services (Scotland) Act 2010 (“the Act”) provides that it is an offence to sell a tobacco product or cigarette papers to a person under the age of18.

Section 4(2) to (4) of the Act makes provision in relation to a defence to such a charge. The defence is that the accused believed the customer to be over 18 and had been shown a valid passport, EU photo driving licence or other prescribed document and that the document shown would have convinced a reasonable person as to the customer’s age.

These Regulations prescribe a photographic identity card bearing the national Proof of Age Standards Scheme hologram as an additional form of acceptable identification (regulation 2).

Footnotes

[^f00001]: 2010 asp 3.

[^f00002]: “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.

[^f00003]: The national Proof of Age Standards Scheme is run by PASSCO, company number 4570623, a company limited by guarantee with its registered office at 21Dartmouth Street, London SW1 9BP.