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Section 14 Changes to and removal from RegisterC1I1

Scotland

(1)

The Scottish Ministers may correct the Register (following notification under section 13 or otherwise) as they consider appropriate.

C2(2)

Where a F1... banning order is made against a registered person, the Scottish Ministers must amend the person's entry in the Register so as to remove references to the premises specified in the order.

(3)

The Scottish Ministers may remove a person's entry from the Register if—

(a)

as a result of a correction or amendment under subsection (1) or (2), there are no premises noted in the person's entry in the Register, or

(b)

they are not satisfied that the person is carrying on a F2registrable business.

(4)

Where the Scottish Ministers correct, amend or remove a person's entry in the Register under this section, they must—

(a)

as soon as reasonably practicable notify the person of the correction, amendment or, as the case may be, removal, and

(a)

if it is appropriate to do so, issue at the same time to the person a revised certificate of registration.

(5)

The Scottish Ministers must reinstate a person's entry in the register if—

(a)

the entry was removed under subsection (3)(b), and

(b)

the person notifies them no later than 28 days after notice of the removal is given under subsection (4)(a) that the person is still carrying on a F3registrable business.

(6)

A notice under subsection (4)(a) may be given—

(a)

by delivering it to the person,

(b)

by leaving it at the person's usual or last known address,

(c)

by sending it by post to the person at that address.

Annotations

Textual amendments

F1

Words in s. 14(2) omitted (29.10.2026) by virtue of Tobacco and Vapes Act 2026 (c. 18), s. 175(7), Sch. 9 para. 8(a); S.S.I. 2026/210, reg. 2(1)

F2

Word in s. 14(3)(b) substituted (29.10.2026) by Tobacco and Vapes Act 2026 (c. 18), s. 175(7), Sch. 9 para. 8(b); S.S.I. 2026/210, reg. 2(1)

F3

Word in s. 14(5)(b) substituted (29.10.2026) by Tobacco and Vapes Act 2026 (c. 18), s. 175(7), Sch. 9 para. 8(c); S.S.I. 2026/210, reg. 2(1)

Modifications

C1

Pt. 1 Ch. 2 applied (with modifications) (1.4.2011) by The Sale of Tobacco (Registration of Moveable Structures and Fixed Penalty Notices) (Scotland) Regulations 2011 (S.S.I. 2011/23), regs. 1(1), regs. 2-4

C2

S. 14(2) modified (29.10.2026) by The Tobacco and Vapes Act 2026 (Commencement No. 1, Transitional and Saving Provisions) (Scotland) Regulations 2026 (S.S.I. 2026/210), regs. 1(1), 3(2)(3)

Commencement

I1

S. 14 in force at 1.4.2011 by S.S.I. 2010/345, art. 2, Sch.

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 2

Textual amendments

F1

Pt. 1 Ch. 2 title substituted (1.4.2017) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 15(10), 36(2); S.S.I. 2017/12, reg. 2, sch.

F2

Words in Pt. 1 Ch. 2 heading substituted (29.10.2026) by Tobacco and Vapes Act 2026 (c. 18), s. 175(7), Sch. 9 para. 3; S.S.I. 2026/210, reg. 2(1)