The Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (Commencement No. 1) Regulations 2017

JurisdictionScotland
CitationSSI 2017/12
Year2017

2017 No. 12 (C. 2)

Public Health

The Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (Commencement No. 1) Regulations 2017

Made 19th January 2017

Laid before the Scottish Parliament 23th January 2017

Coming into force 6th February 2017

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 36(2) and (3) of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 20161.

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (Commencement No. 1) Regulations 2017 and come into force on 6th February 2017.

S-2 Appointed day

Appointed day

2.—(1) Subject to paragraph (2), the day appointed for the coming into force of the provisions of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 specified in column 1 of the schedule (the subject matter of which is described in column 2 of the schedule) is the day specified in column 3 of the schedule.

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

AILEEN CAMPBELL

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

19th January 2017

SCHEDULE

Regulation 2

SCHEDULE

Column 1

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

Column 2

Subject matter

Column 3

Appointed day

Column 4

Purpose

Section 1

Meaning of “nicotine vapour products”

6th February 2017

Section 2

Sale of nicotine vapour products to persons under 18

6th February 2017

So far as is necessary to enable the Scottish Ministers to make regulations under section 4A(4)(c) of the Tobacco and Primary Medical Services (Scotland) Act 20102

Section 2

Sale of nicotine vapour products to persons under 18

1st April 2017

For all other purposes

Section 3

Age verification policy

1st April 2017

Section 4

Sale by persons under 18

6th February 2017

So far as is necessary to enable the Scottish Ministers to make regulations under section 4C(5) of the Tobacco and Primary Medical Services (Scotland) Act 2010

Section 4

Sale by persons under 18

1st April 2017

For all other purposes

Section 5

Defence of due diligence for certain offences

1st April 2017

Section 6

Purchase of nicotine vapour products on behalf of persons under 18

1st April 2017

Section 7

Extension of vending machine prohibition

1st April 2017

Section 8

Register of tobacco and nicotine vapour product retailers

6th February 2017

So far as is necessary to enable the Scottish Ministers to make regulations under section 11(2)(d) of the Tobacco and Primary Medical Services (Scotland) Act 2010

Section 8

Register of tobacco and nicotine vapour product retailers

1st April 2017

For all other purposes

Section 9(1)

Registration and changes to the Register

6th February 2017

So far as is necessary to enable the Scottish Ministers to make regulations under section 11(2)(d) of the Tobacco and Primary Medical Services (Scotland) Act 2010

Section 9(1)

Registration and changes to the Register

1st April 2017

For all other purposes

Section 9(2), (3) and (4)

Registration and changes to the Register

1st April 2017

Section 10

Tobacco and nicotine vapour product banning orders

6th February 2017

So far as is necessary to allow the Scottish Ministers to make regulations under section 19(5) of the Tobacco and Primary Medical Services (Scotland) Act 2010

Section 10

Tobacco and nicotine vapour product banning orders

1st October 2017

For all other purposes

Section 11

Offences relating to the Register

1st October 2017

Section 12

Public inspection of the Register

1st April 2017

Section 13

Power to exclude certain premises

6th February 2017

Section 14

Presumption as to contents of container

1st April 2017

Section 15(1), (2), (9), (10) and (11)

Part 1 of the 2010 Act: miscellaneous

1st April 2017

Section 15(3), (4), (5), (6), (7) and (8)

Part 1 of the 2010 Act: miscellaneous

1st October 2017

Section 16

Meaning of “the 2010 Act

6th February 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring into force the provisions in chapter 1 of Part 1 of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (“the Act”) which concerns the sale and purchase of nicotine vapour products. The provisions come into force in 3 stages on 6th February 2017, 1st April 2017 and on 1st October 2017.

Sections 1 to 6 and 8 and 9 of the Act make amendments to the Tobacco and Primary Medical Services (Scotland) Act 2010 (“the...

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