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

Type Scottish-Statutory-Instrument
Publication 2010-09-27
Last updated 2026-09-20
State In force
Jurisdiction Scotland
Department Statute Law Database
PDF Download
articles Not indexed

Sections40, 41, 42 and 43 of the Tobacco and Primary Medical Services (Scotland) Act 2010 (“the 2010 Act”) came into force on Royal Assent.

Reform history JSON API

Made: 27th September 2010

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 and interpretation

1

Commencement of sections4 to 8, 10 to 36 and Schedule1 of the 2010 Act

2

Consequential amendment of section4 of the Children and Young Persons (Protection from Tobacco) Act 1991

3

On the coming into force, for all purposes, of section8 of the 2010 Act, section4 of the 1991 Act is amended as follows—

Saving section 18 of the Children and Young Persons (Scotland) Act 1937

4

Notwithstanding the coming into force for all purposes of section 4 of the 2010 Act, section18 of the Children and Young Persons (Scotland) Act 1937[^f00003] shall continue to apply for the purposes of the definition of “tobacco” in section 4(8) of the 1991 Act.

SCHEDULE

Column 1 (provisions of the 2010 Act) Column 2 (subject matter) Column 3 (appointed day) Column 4 (purpose)
Section4 Sale of tobacco products to persons under 18 24th October 2010 For purpose of prescribing under section4(4)(c)
Section4 Sale of tobacco products to persons under 18 1stApril 2011 For all other purposes
Section5 Purchase of tobacco products by persons under 18 1stApril 2011
Section6 Purchase of tobacco products on behalf of persons under 18 1stApril 2011
Section7 Confiscation of tobacco products from persons under 18 1stApril 2011
Section8 Display of Warning Statements 24th October 2010 For purpose of prescribing under section8(5)
Section8 Display of Warning Statements 1stApril 2011 For all other purposes
Section10 Register of tobacco retailers 1stApril 2011
Section11 Application for registration and addition of premises etc. 24th October 2010 For purpose of prescribing under section11(2)(d)
Section11 Application for registration and addition of premises etc. 1stApril 2011 For all other purposes
Section12 Certificates of Registration 1stApril 2011
Section13 Duty to notify certain changes to the Register 1stApril 2011
Section14 Changes to and removal from the Register 1stApril 2011
Section15 Tobacco retailing banning orders 1stOctober 2011
Section16 Tobacco retailing banning orders: ancillary orders 1stOctober 2011
Section17 Tobacco retailing banning orders etc.: appeals 1stOctober 2011
Section18 Tobacco retailing banning orders etc.: notification to Scottish Ministers 1stOctober 2011
Section19 Tobacco retailing banning orders: display of notices 24th October 2010 For purpose of prescribing under section19(5)
Section19 Tobacco retailing banning orders: display of notices 1stOctober 2011 For all other purposes
Section20 Offences relating to the Register 1stOctober 2011
Section21 Public inspection of Register 1stOctober 2011
Section22 Council access to Register 1stOctober 2011
Section23 Delegation of functions relating to Register 1stOctober 2011
Section24 Vehicles, vessels and moveable structures 24th October 2010
Section25 Enforcement 1stApril 2011
Section26 Programmes of Enforcement 1stApril 2011
Section27 Fixed penalties 24th October 2010 For purpose of giving effect to Schedule 1 for the purpose of prescribing under paragraphs3 and 4 of that Schedule
Section27 Fixed penalties 1stApril 2011 For all other purposes
Sections28, 29, 30, 31 and 32 Powers of entry etc. 1stApril 2011
Sections33, 34, 35 and 36 Miscellaneous and Supplementary 1stApril 2011
Schedule1 Fixed penalties 24th October 2010 For purpose of prescribing under paragraphs3 and 4
Schedule1 Fixed penalties 1stApril 2011 For all other purposes

Signed

SHONA ROBISON — Authorised to sign by the Scottish Ministers — 27th September 2010

Editorial notes

[^key-600b75f460d0bfb5ceb23b2f624d0d35]: Art. 1 in force at made date

[^key-31935b4989cf7559c2612f3e374b3475]: Art. 2 in force at made date

[^key-017c049552fe5f5ee2997fea471c3fed]: Art. 3 in force at made date

[^key-a2b21b239155fef2239f24576b95d0f8]: Art. 4 in force at made date

[^key-13008415d7d8e54e56b523c17f9ed867]: Sch. in force at made date

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

Sections40, 41, 42 and 43 of the Tobacco and Primary Medical Services (Scotland) Act 2010 (“the 2010 Act”) came into force on Royal Assent.

The commencement of section41 which gave effect to Schedule2 to the 2010 Act must be read 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 that Schedule shall not take effect until the coming into force for all purposes of specified sections of the 2010 Act.

This Order brings into force certain other provisions including sections4 and 26 referred to in the Ancillary Order.

The Schedule to this Order sets out a table specifying the day certain provisions in the 2010 Act are to come into force. Some provisions come into force on one day for the limited purpose of allowing Scottish Ministers to exercise a power to make subordinate legislation. They then come into force in full on a later day.

Article2 of the Order provides that the provisions specified in column1 of the table come into force on the day specified in column3 of the table. If a purpose is specified in column4, the provision only comes into force for that purpose.

The following provisions of the 2010 Act come into force for the limited purpose of prescribing on 24thOctober 2010.

The following provisions of the 2010 Act come into force for all purposes on 1stApril 2011.

The following provisions of the 2010 Act come into force, for all purposes, on 1stOctober 2011.

Article3 of the Order amends section4 of the Children and Young Persons (Protection from Tobacco) Act 1991 (“the 1991 Act”) consequential on the coming into force of section 8 of the 2010 Act which is commenced in this Order. Article3(2) amends section4 of the 1991 Act to limit its application to warning notices on vending machines. On the commencement of section8 of the 2010 Act, regulation of warning notices in retail premises will be governed by that section.

In terms of the ancillary Order, section 18 of the Children and Young Persons (Scotland) Act 1937 (c.37) is repealed on the coming into force for all purposes of section 4 of the 2010 Act. Article 4 of this Order saves section 18 for the purpose of the definition of “tobacco” in section 4 of the 1991 Act which regulates the display of warning notices on vending machines.

Footnotes

[^f00001]: 2010 asp3.

[^f00002]: 1991 c.23.

[^f00003]: 1937 c.37.

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