The Tobacco and Primary Medical Services (Scotland) Act 2010 (Commencement No. 1, Consequential and Saving Provisions) Amendment Order 2011

Made: 21st February 2011

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

1

This Order may be cited as the Tobacco and Primary Medical Services (Scotland) Act 2010 (Commencement No.1, Consequential and Saving Provisions) Amendment Order 2011.

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

2

In article 4 of the Tobacco and Primary Medical Services (Scotland) Act 2010 (Commencement No.1, Consequential and Saving Provisions) Order 2010[^f00002], for “the definition of “tobacco” in section4(8) of the 1991 Act.” substitute—

— (a) section18(2); and (b) the definition of “tobacco” in section4(8) of the 1991 Act.

Signed

SHONA ROBISON — Authorised to sign by the Scottish Ministers — 21st February 2011

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

The Tobacco and Primary Medical Services (Scotland) Act 2010 (Commencement No.1, Consequential and Saving Provisions) Order 2010 (“the first Commencement Order”) brings section4 and other provisions of the Tobacco and Primary Medical Services (Scotland) Act 2010 (“the 2010 Act”) into force on 1stApril 2011.

Schedule2 to the 2010 Act provides for minor and consequential modifications including, in paragraph1, the repeal of section18 of the Children and Young Persons (Scotland) Act 1937 (“the 1937 Act”). Section41 of the 2010 Act, which gives effect to Schedule2, came into force on Royal Assent. Its commencement however is 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 Schedule2 to the 2010 Act shall not take effect until the coming into force for all purposes of specified sections of the 2010 Act.

In terms of the Ancillary Order, section18 of the 1937 Act is repealed on the coming into force for all purposes of section4 of the 2010 Act.

Article4 of the first Commencement Order saves section18 for a specified purpose. This Order extends that saving to section18(2) of the 1937 Act. Section 18(2) provides for a court order to be obtained if a tobacco vending machine is proved to have been used by persons under 18.

Footnotes

[^f00001]: 2010 asp3.