The Smoking, Health and Social Care (Scotland) Act 2005 (Variation of Age Limit for Sale of Tobacco etc. and Consequential Modifications) Order 2007

JurisdictionScotland
CitationSSI 2007/437

2007 No. 437

PUBLIC HEALTH

The Smoking, Health and Social Care (Scotland) Act 2005 (Variation of Age Limit for Sale of Tobacco etc. and Consequential Modifications) Order 2007

Made 19th September 2007

Coming into force in accordance with article 1

The Scottish Ministers, in exercise of the powers conferred by sections 9 and 39 of the Smoking, Health and Social Care (Scotland) Act 20051and of all other powers enabling them in that behalf, after consulting such persons as they consider appropriate on a draft of the order in accordance with section 9(2) of that Act, hereby make the following Order, a draft of which has, in accordance with section 40(3) of that Act, been laid before and approved by resolution of the Scottish Parliament:

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Smoking, Health and Social Care (Scotland) Act 2005 (Variation of Age Limit for Sale of Tobacco etc. and Consequential Modifications) Order 2007 and shall come into force on 1st October 2007.

S-2 Modification of the Children and Young Persons (Scotland) Act 1937

Modification of the Children and Young Persons (Scotland) Act 1937

2. Section 18 of the Children and Young Persons (Scotland) Act 19372(offence of selling tobacco etc. to under age persons and other preventative measures) is modified by substituting “eighteen” for “sixteen” where it occurs in its subsections (1) and (2).

S-3 Modification of the Children and Young Persons (Protection from Tobacco) Act 1991

Modification of the Children and Young Persons (Protection from Tobacco) Act 1991

3. Section 4 of the Children and Young Persons (Protection from Tobacco) Act 19913(display of warning statements in retail premises and on vending machines) is modified by substituting for the number “16” where it occurs in its subsections (1) and (2) the number “18”.

SHONA ROBISON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

19th September 2007

(This note is not part of the Order)

By virtue of section 9(1) of the Smoking, Health and Social Care (Scotland) Act 2005 (“the 2005 Act”) the Scottish Ministers may, by order, modify section 18 of the Children and Young Persons (Scotland) Act 1937 (offence of selling tobacco etc. to under age persons and other preventative measures) (“the 1937 Act”) so as to substitute for the age specified in any of its provisions (at the making of this Order, 16) such other higher age or ages as they consider...

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