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Section 3 Regulation of display of pricesI1I2

Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The Scottish Ministers may by regulations impose requirements in relation to the display in the course of business of prices of tobacco products or smoking related products in a place where tobacco products are offered for sale.

(2)

For the purposes of subsection (1), a website is not a place but the regulations may otherwise provide for the meaning of “place” in that subsection.

(3)

A person who displays or causes to be displayed prices of tobacco products or smoking related products in breach of a requirement contained in the regulations commits an offence.

(4)

A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(5)

The regulations may provide that a display of prices which also amounts to an advertisement is to be treated for the purposes of offences under this Act and the Tobacco Advertising and Promotion Act 2002—

(a)

as an advertisement and not as a display of prices, or

(b)

as a display of prices and not as an advertisement.

Annotations

Commencement

I1

S. 3 in force at 6.4.2015 in so far as not already in force by S.S.I. 2013/38, art. 2

I2

S. 3 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.