The Tobacco and Primary Medical Services (Scotland) Act 2010 (Incidental Provision and Commencement No. 4) Order 2013

Made: 19th March 2013

Coming into force in accordance with article 1(1) and (2)

In accordance with section 40(4)[^f00002] of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Citation, commencement and interpretation

1

• (1) This Order may be cited as the Tobacco and Primary Medical Services (Scotland) Act 2010 (Incidental Provision and Commencement No. 4) Order 2013 and except for article4 comes into force on the day after the day on which it is made.

• (2) In article 4—

• (a) paragraphs (a) and (b) come into force on 29th April 2013; and

• (b) paragraph (c) comes into force on 6th April 2015.

• (3) In this Order “the 2010 Act” means the Tobacco and Primary Medical Services (Scotland) Act 2010.

Amendment of the Tobacco and Primary Medical Services (Scotland) Act 2010

2

• (1) The 2010 Act is amended as follows.

• (2) Section 9 is repealed.

• (3) After section 8 insert—

(9) (1) A person who has the management or control of premises on which a vending machine is available for use commits an offence. (2) A person guilty of an offence under subsection(1) is liable on summary conviction to a fine not exceeding level4 on the standard scale. (3) In this section “vending machine” means an automatic machine for the sale of tobacco products (regardless of whether the machine also sells other products).

Appointed day

3

The day appointed for the coming into force of section 9 of the 2010 Act is 29th April 2013.

Revocations

4

The following are revoked—

• (a) articles 3 and 4 of the Tobacco and Primary Medical Services (Scotland) Act 2010 (Commencement No. 1, Consequential and Saving Provisions) Order 2010[^f00003];

• (b) the Tobacco and Primary Medical Services (Scotland) Act 2010 (Commencement No. 1, Consequential and Saving Provisions) Amendment Order 2011[^f00004]; and

• (c) the Tobacco and Primary Medical Services (Scotland) Act 2010 (Ancillary Provisions) Order 2010[^f00005].

Signed

MICHAEL MATHESON — Authorised to sign by the Scottish Ministers — 19th March 2013

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order brings section 9 of the Tobacco and Primary Medical Services (Scotland) Act 2010 (“the 2010 Act”) into force on 29th April 2013 (article 3). Section 9 makes it an offence for a person who has the management or control of premises to have an automatic vending machine for the sale of tobacco products available for use.

Article 2 of the Order repeals section 9 and re-enacts it in identical terms. This provision is required as a procedural step incidental to the commencement of section 9 to comply with the requirements of the notification procedure under [Directive 98/34/EC](https://www.legislation.gov.uk/european/directive/1998/0034) of the European Parliament and of the Council (OJ No.L204, 21.7.98, p.37) as amended by Directive[98/48/EC](https://www.legislation.gov.uk/european/directive/1998/0048) of the same institutions (OJNo.L217, 5.8.98, p.18), which lays down a procedure for the provision of information in the field of technical standards and regulations (the technical standards Directive) so that section 9 is brought into force with full effect.

Article 2 of the Order was notified in draft to the European Commission in accordance with the technical standards Directive (Notification No. 2010/699/UK on 28th October 2010).

The Bill for the 2010 Act received Royal Assent on 3rd March 2010. Sections 40, 41, 42 and 43 of the 2010 Act came into force on Royal Assent.

The commencement of section 41 which gives effect to schedule 2 to the 2010 Act (Minor and Consequential Modifications) 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”). It 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. Article 2 of the Ancillary Order specifies that the modification in paragraph 2(a) of schedule 2 to the 2010 Act as it relates to section 4 of the Children and Young Persons (Protection from Tobacco) Act 1991 has effect on the coming into force for all purposes of section 9 of the 2010 Act. Section 4 of the 1991 Act (Display of warning statements in retail premises and on vending machines) is therefore repealed on the coming into force of section 9.

Article 4 of the Order revokes articles 3 and 4 of the Tobacco and Primary Medical Services (Scotland) Act 2010 (Commencement No. 1, Consequential and Saving Provisions) Order 2010 and the Order which amended article 4 of that Order. These articles made provision in relation to the legislation regulating tobacco vending machines. In view of the commencement of section 9 they are no longer required. On 6th April 2015 (when section 1 of the 2010 Act comes into force for all purposes) all of the sections specified in the Ancillary Order will be in force for all purposes. It is therefore revoked with effect from that date.

Footnotes

[^f00001]: 2010, asp 3.

[^f00002]: Section 40(4) has been modified by paragraph 5 of schedule 3 to the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10). Section 33 of that Act allows powers which are subject to different procedures to be combined in the same instrument. This instrument is subject to the affirmative procedure in accordance with section 33(3) of that Act because the exercise of section 42 of the Tobacco and Primary Medical Services (Scotland) Act 2010 in this instrument is subject to the affirmative procedure.

[^f00003]: S.S.I. 2010/345, article 4 (which saves section 18 of the Children and Young Persons (Scotland) Act 1937 for certain purposes) was amended by the Tobacco and Primary Medical Services (Scotland) Act 2010 (Commencement No. 1, Consequential and Saving Provisions) Amendment Order 2011 (S.S.I. 2011/131).