The Sale of Tobacco (Prescribed Documents) (Scotland) Regulations 2013
S.S.I. 2013/202 · Made 18 June 2013 · Extends to Scotland
Public Health
Made 18th June 2013
Laid before the Scottish Parliament 20th June 2013
Coming into force 1st October 2013
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 4(4) of the Tobacco and Primary Medical Services (Scotland) Act 2010f1 and all other powers enabling them to do so.
Annotations to the whole text
Footnotes
- f1
Contents
- 1Citation and commencement
- 2Sale of tobacco and herbal smoking products products to persons born on or after 1 January 2009 – prescribed documents
- 3Revocation of the Sale of Tobacco (Prescribed Document) Regulations 2010
- Signature
- Explanatory note
1Citation and commencementI1
These Regulations may be cited as the Sale of Tobacco (Prescribed Documents) (Scotland) Regulations 2013 and come into force on 1st October 2013.
2Sale of tobacco and herbal smoking products products to persons born on or after 1 January 2009 – prescribed documentsF2F3I1
The documents and descriptions of documents prescribedf1 for the purposes of section 4(4)(c) of the Tobacco and Primary Medical Services (Scotland) Act 2010 (documents establishing a person’s age) are—
a Ministry of Defence Form 90 (Defence Identity Card);
a photographic identity card bearing the national Proof of Age Standards Scheme hologramf2;
a Biometric Immigration Documentf5.
3Revocation of the Sale of Tobacco (Prescribed Document) Regulations 2010I1
The Sale of Tobacco (Prescribed Document) Regulations 2010f1 are revoked.
Signature
MICHAEL MATHESON
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
Explanatory note
(This note is not part of the Regulations)
Section 4(1) of the Tobacco and Primary Medical Services (Scotland) Act 2010 (“the Act”) provides that it is an offence to sell a tobacco product or cigarette papers to a person under the age of 18.
Section 4(2) to (4) of the Act provides a defence to such a charge. The defence is that the accused believed the customer to be 18 or over and had been shown a document bearing to be a passport, EU photocard driving licence or other prescribed document and that the document shown would have convinced a reasonable person as to the customer’s age.
Regulation 2 of these Regulations prescribes additional forms of acceptable identification.
These are—
a Defence Identity Card issued by the Ministry of Defence;
a photographic identity card bearing the national Proof of Age Standards Scheme hologram;
a national identity card issued by an EU state (other than the UK), Norway, Iceland, Liechtenstein or Switzerland; and
a Biometric Immigration Document.
Regulation 3 revokes the Sale of Tobacco (Prescribed Document) Regulations 2010 which prescribed only (b) above as an additional form of acceptable identification.