Section 1 Prohibition of tobacco displays etc.I1I2
Scotland
A person who in the course of business displays or causes to be displayed tobacco products or smoking related products in a place where tobacco products are offered for sale commits an offence.
A person does not commit an offence under subsection (1) if the display—
is in a specialist tobacconist,
does not include cigarettes or hand-rolling tobacco, and
complies with any prescribed requirements.
A person does not commit an offence under subsection (1) if—
the tobacco products or smoking related products are displayed in the course of a business involving the sale of tobacco products only to persons who carry on a tobacco business (or their employees), and
the display complies with any prescribed requirements.
The Scottish Ministers may provide in regulations that no offence is committed under subsection (1) in relation to a display of tobacco products or smoking related products which complies with requirements specified in the regulations.
A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
For the purposes of subsection (1), a website is not a place.
In subsection (2), “specialist tobacconist” has the meaning given by section 6(2) of the Tobacco Advertising and Promotion Act 2002 (c.36).
Annotations
Commencement
- I1
S. 1 in force at 6.4.2015 in so far as not already in force by S.S.I. 2013/38, art. 2
- I2
S. 1 in force at 26.2.2013 for specified purposes and for further specified purposes 29.4.2013 by S.S.I. 2013/38, art. 2(a)(b)
Notes on Part 1
Textual amendments
- F1
Pt. 1 heading substituted (29.10.2026) by Tobacco and Vapes Act 2026 (c. 18), s. 175(1), Sch. 8 para. 2 (with Sch. 8 para. 20)
- F2
Words in Pt. 1 heading inserted (29.10.2026) by Tobacco and Vapes Act 2026 (c. 18), s. 175(7), Sch. 9 para. 2; S.S.I. 2026/210, reg. 2(1)
Notes on Chapter 1
Textual amendments
- F1
Pt. 1 Ch. 1 title substituted (1.4.2017) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 15(1), 36(2); S.S.I. 2017/12, reg. 2, sch.