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The Public Health and Tobacco (EU Exit) (Scotland) (Amendment) Regulations 2019

S.S.I. 2019/142 · Made 17 April 2019

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Exiting The European Union

Public Health

Made 17th April 2019

Laid before the Scottish Parliament 23rd April 2019

Coming into force in accordance with regulation 1

The Scottish Ministers make the following Regulations in exercise of the powers conferred on them by paragraph 1(1) and (3) of schedule 2 of the European Union (Withdrawal) Act 2018f1 and all other powers enabling them to do so.

Annotations to the whole text

Footnotes

f1

2018 c.16.

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Public Health etc. (Scotland) Act 2008
  3. 3Amendment of the Tobacco and Primary Medical Services (Scotland) Act 2010
  4. 4Amendment of the Public Health etc. (Scotland) Act 2008 (Sunbed) Regulations 2009
  5. 5Amendment of the Sale of Tobacco (Prescribed Documents) (Scotland) Regulations 2013
  6. 6Amendment of the Sale of Nicotine Vapour Products (Prescribed Documents) (Scotland) Regulations 2017
  7. Signature
  8. Explanatory note

1Citation and commencement

These Regulations may be cited as the Public Health and Tobacco (EU Exit) (Scotland) (Amendment) Regulations 2019 and come into force on exit day.

2Amendment of the Public Health etc. (Scotland) Act 2008

(1)

The Public Health etc. (Scotland) Act 2008f1 is amended as follows.

(2)

In section 95(4) (prohibition on allowing use of sunbeds by persons under 18) after paragraph (a) insert—

“(aa)

a UK driving licence,”.

(3)

In section 96(5) (prohibition on sale or hire of sunbeds to persons under 18) after paragraph (a) insert—

“(aa)

a UK driving licence,”.

3Amendment of the Tobacco and Primary Medical Services (Scotland) Act 2010

(1)

The Tobacco and Primary Medical Services (Scotland) Act 2010f1 is amended as follows.

(2)

In section 4(4) (sale of tobacco products to persons under 18) after paragraph (a) insert—

“(aa)

a UK driving licence,”.

(3)

In section 4A(4)f2 (sale of nicotine vapour products to persons under 18) after paragraph (a) insert—

“(aa)

a UK driving licence,”.

4Amendment of the Public Health etc. (Scotland) Act 2008 (Sunbed) Regulations 2009

In regulation 2(c) of the Public Health etc. (Scotland) Act 2008 (Sunbed) Regulations 2009f1 (prescribed documents) omit “(other than the United Kingdom)”.

5Amendment of the Sale of Tobacco (Prescribed Documents) (Scotland) Regulations 2013

In regulation 2(c) of the Sale of Tobacco (Prescribed Documents) (Scotland) Regulations 2013f1 (sale of tobacco products to persons under 18 – prescribed documents) omit “(other than the United Kingdom)”.

6Amendment of the Sale of Nicotine Vapour Products (Prescribed Documents) (Scotland) Regulations 2017

In regulation 2(c) of the Sale of Nicotine Vapour Products (Prescribed Documents) (Scotland) Regulations 2017f1 (sale of nicotine vapour products to persons under 18: prescribed documents) omit “(other than the United Kingdom)”.

Signature

JOE FITZPATRICK

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

17th April 2019

Explanatory note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by paragraph 1(1) and (3) of schedule 2 of the European Union (Withdrawal) Act 2018 (c.16) in order to address deficiencies (as defined in section 8(2) and (3) of that Act) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to primary and subordinate legislation in the field of public health in respect of proof of age and identification requirements where restrictions on the hire and use of sunbeds by persons under 18 and the sale of tobacco and nicotine products to such persons apply.

An impact assessment has not been produced for this instrument as no significant impact on the private or voluntary sector is foreseen.