# The Sale of Tobacco (Prescribed Documents) (Scotland) Regulations 2013

S.S.I. 2013/202 · made 18 June 2013 · revised to 29 October 2026

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.

Made under: Tobacco and Primary Medical Services (Scotland) Act 2010 (Section 4)

PDFs: Printed copy https://openlegislation.uk/sale-of-tobacco-prescribed-documents-scotland-regulations-2013/pdf/ssi_20130202_en.pdf; Policy Note https://openlegislation.uk/sale-of-tobacco-prescribed-documents-scotland-regulations-2013/pdf/ssipn_20130202_en_001.pdf

## Introductory text

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 2010 and all other powers enabling them to do so.

## 1 Citation and commencement

These Regulations may be cited as the Sale of Tobacco (Prescribed Documents) (Scotland) Regulations 2013 and come into force on 1st October 2013.

## 2 Sale of tobacco and herbal smoking products products to persons born on or after 1 January 2009 – prescribed documents

The documents and descriptions of documents prescribed 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) a Ministry of Defence Form 90 (Defence Identity Card);
(b) a photographic identity card bearing the national Proof of Age Standards Scheme hologram;
(c) a national identity card issued by a member State ..., Norway, Iceland, Liechtenstein or Switzerland; and
(d) a Biometric Immigration Document.

## 3 Revocation of the Sale of Tobacco (Prescribed Document) Regulations 2010

The Sale of Tobacco (Prescribed Document) Regulations 2010 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) a Defence Identity Card issued by the Ministry of Defence;
(b) a photographic identity card bearing the national Proof of Age Standards Scheme hologram;
(c) a national identity card issued by an EU state (other than the UK), Norway, Iceland, Liechtenstein or Switzerland; and
(d) 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.

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Source: https://www.legislation.gov.uk/ssi/2013/202 (the official version)
Page: https://openlegislation.uk/sale-of-tobacco-prescribed-documents-scotland-regulations-2013
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.