LegalizeThe Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (Commencement No. 5) Regulations 2022
Made: 7th February 2022
Laid before the Scottish Parliament: 9th February 2022
Coming into force: 1st March 2022
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 2016[^f00001].
Citation and commencement
1
These Regulations may be cited as the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (Commencement No. 5) Regulations 2022 and come into force on 1 March 2022.
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.
SCHEDULE
| Column 1 Provision of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 | Column 2 Subject matter | Column 3 Appointed day | Column 4 Purpose |
|---|---|---|---|
| Section 20 | Smoking outside hospitals | 2 March 2022 | So far as is necessary to enable the Scottish Ministers to lay and make regulations under sections 4C(4) and 4D(2), (4) and (5) and paragraph 4(1) of schedule 1 of the Smoking, Health and Social Care (Scotland) Act 2005[^f00002]. |
| Section 20 | Smoking outside hospitals | 5 September 2022 | For all other purposes. |
Signed
MAREE TODD — Authorised to sign by the Scottish Ministers — 7th February 2022
Explanatory note
(This note is not part of the Regulations)
EXPLANATORY NOTE
These Regulations bring into force section 20 (smoking outside hospitals) of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (“the Act”).
Regulation 2 and the schedule provide that the day appointed for that section to come into force is—
- (a) 2 March 2022, so far as is necessary to enable the Scottish Ministers to lay and make regulations under sections 4C(4) and 4D(2), (4) and (5) and paragraph 4(1) of schedule 1 of the Smoking, Health and Social Care (Scotland) Act 2005,
- (b) 5 September 2022 for all other purposes.
The Bill for the Act received Royal Assent on 6 April 2016. Sections 34, 35, 36 and 37 of the Act came into force the following day.
Footnotes
[^f00001]: 2016 asp 14.
[^f00002]: 2005 asp 13.
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