Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016

JurisdictionScotland
Citation2016 asp 14
  • After section 35 of the 2010 Act insert—
      (35A) Meaning of “nicotine vapour product”
    • “(1) In this Part, a “nicotine vapour product” is—
    • (a) a device which is intended to enable the inhalation of nicotine-containing vapour by an individual,
    • (b) a device which is intended to enable the inhalation of other vapour by an individual but is intended to resemble and be operated in a similar way to a device within paragraph (a) ,
    • (c) an item which is intended to form part of a device within paragraph (a) or (b) ,
    • (d) a substance which is intended to be vaporised by a device within paragraph (a) or (b) (and any item containing such a substance) .
  • a device which is intended to enable the inhalation of nicotine-containing vapour by an individual,a device which is intended to enable the inhalation of other vapour by an individual but is intended to resemble and be operated in a similar way to a device within paragraph (a) ,an item which is intended to form part of a device within paragraph (a) or (b) ,a substance which is intended to be vaporised by a device within paragraph (a) or (b) (and any item containing such a substance) .a tobacco product,a smoking related product,a medicinal product (within the meaning of the Human Medicines Regulations 2012 (S.I. 2012/1916) ) ,a medical device (within the meaning of the Medical Devices Regulations 2002 (S.I. 2002/618) ) .(1) After section 4 of the 2010 Act insert—
      (4A) Sale of nicotine vapour products to persons under 18
    • “(1) A person who sells a nicotine vapour product to a person under the age of 18 commits an offence.
    • (2) It is a defence to a charge in proceedings against a person (“the accused”) under subsection (1) that—
    • (a) the accused believed the person under the age of 18 (“the customer”) to be aged 18 or over, and
    • (b) the accused had taken reasonable steps to establish the customer's age.
    A person who sells a nicotine vapour product to a person under the age of 18 commits an offence.the accused believed the person under the age of 18 (“the customer”) to be aged 18 or over, andthe accused had taken reasonable steps to establish the customer's age.the accused was shown any of the documents mentioned in subsection (4) , andthat document would have convinced a reasonable person as to the customer's age.a passport,a European Union photocard driving licence, orsuch other document, or a document of such description, as may be prescribed.A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.(2) The italic heading immediately preceding section 4 of the 2010 Act becomes Sale and purchase of tobacco and nicotine vapour products.(1) After section 4A of the 2010 Act (inserted by section 2) insert—
      (4B) Age verification policy
    • “(1) A person commits an offence if the person—
    • (a) carries on a tobacco or nicotine vapour product business, and
    • (b) fails to operate an age verification policy in respect of premises at which the person carries on the tobacco or nicotine vapour product business.
    carries on a tobacco or nicotine vapour product business, andfails to operate an age verification policy in respect of premises at which the person carries on the tobacco or nicotine vapour product business.tobacco products, cigarette papers or nicotine vapour products are, in pursuance of a sale, despatched for delivery to different premises, andno other tobacco or nicotine vapour product business is carried on from the business premises.An “age verification policy” is a policy that steps are to be taken to establish the age of a person attempting to buy a tobacco product, cigarette papers or a nicotine vapour product on the premises (the “customer”) if it appears to the person selling the tobacco product, cigarette papers or nicotine vapour product that the customer may be under the age of 25 (or such older age as may be specified in the policy) .The Scottish Ministers may by regulations amend the age specified in subsection (3) .steps that should be taken to establish a customer's age,documents that may be shown to the person selling a tobacco product, cigarette papers or a nicotine vapour product as evidence of a customer's age,training that should be undertaken by the person selling the tobacco product, cigarette papers or nicotine vapour product,the form and content of notices that should be displayed in the premises,the form and content of records that should be maintained in relation to an age verification policy.A person who carries on a tobacco or nicotine vapour product business must have regard to guidance published under subsection (5) when operating an age verification policy.A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.(2) In section 40(4) of the 2010 Act (subordinate legislation subject to affirmative procedure) before “section 24” insert— section 4B(4).
  • After section 4B of the 2010 Act (inserted by section 3) insert—
      (4C) Sale of tobacco or nicotine vapour products by persons under 18
    • “(1) A...
  • A

    To continue reading

    Request your trial

    VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT