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Section 33 Presumption as to contents of containerI1

Scotland

(1)

This section applies for the purpose of any trial in proceedings for an alleged offence under section 1, 4, F14A, 4B, 4C F2..., 6, 6A or 9 F3or under regulations made under section 3A.

(2)

Any substance displayed, sold or purchased in a container (whether sealed or not) is presumed to conform to the description of the substance on the container.

(3)

At the trial, any party to the proceedings may rebut the presumption mentioned in subsection (2) by proving that, at the time of its display, sale or purchase, the substance in the container did not match the description on the container.

(4)

However, a party may lead evidence for the purpose of rebutting the presumption only if the party has, not less than 7 days before the date of the trial, given notice of the intention to do so to the other parties.

Annotations

Textual amendments

F1

Words in s. 33(1) substituted (1.4.2017) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 14, 36(2); S.S.I. 2017/12, reg. 2, sch.

F2

Word in s. 33(1) omitted (29.10.2026) by virtue of Tobacco and Vapes Act 2026 (c. 18), ss. 54(3), 175(1)

F3

Words in s. 33(1) inserted (29.10.2026) by Tobacco and Vapes Act 2026 (c. 18), ss. 64(5), 175(1)

Commencement

I1

S. 33 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)