{
  "url": "https://openlegislation.uk/sale-of-tobacco-prescribed-documents-scotland-regulations-2013/note",
  "json_url": "https://openlegislation.uk/sale-of-tobacco-prescribed-documents-scotland-regulations-2013/note.json",
  "legislation": "ssi/2013/202",
  "legislation_title": "The Sale of Tobacco (Prescribed Documents) (Scotland) Regulations 2013",
  "legislation_url": "https://openlegislation.uk/sale-of-tobacco-prescribed-documents-scotland-regulations-2013",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nSection 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.\nSection 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.\nRegulation 2 of these Regulations prescribes additional forms of acceptable identification.\nThese are—\n(a) a Defence Identity Card issued by the Ministry of Defence;\n(b) a photographic identity card bearing the national Proof of Age Standards Scheme hologram;\n(c) a national identity card issued by an EU state (other than the UK), Norway, Iceland, Liechtenstein or Switzerland; and\n(d) a Biometric Immigration Document.\nRegulation 3 revokes the Sale of Tobacco (Prescribed Document) Regulations 2010 which prescribed only (b) above as an additional form of acceptable identification.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2013/202/note",
    "retrieved_at": "2026-11-06T03:33:47.322853+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}