Section 35 Interpretation of Part 1I1

In this Part—

• “area”—

  1. (a)

     in relation to a council, means the local government area for which the council is constituted,

  2. (b)

     in relation to a council officer, means the area of the council which authorised the officer,

• F1“banning order” has the meaning given in section 15(6),

• “council” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c.39),

• “council officer” means a duly authorised officer of a council,

• F2“filter” means a filter that is intended to be used when smoking a tobacco product or herbal smoking product (including a filter that forms part of, or that is intended to be inserted into, an item such as a cigarette holder or pipe);

• “fixed penalty notice” is to be construed in accordance with section 27 and schedule 1,

• F3“herbal smoking product” means a product consisting wholly or partly of vegetable matter and intended to be smoked but not containing tobacco,

• “herbal smoking product business” means a business involving the sale of herbal smoking products by retail,

• F4“medical device” has the meaning given by the Medical Devices Regulations 2002 (S.I. 2002/618),

• “medicinal product” has the meaning given by the Human Medicines Regulations 2012 (S.I. 2012/1916),

• “nicotine product business” means a business involving the sale of nicotine products by retail,

• F5...

• “premises” includes any place and any vehicle F6or moveable structure (and, for this purpose, “vehicle” includes any aircraft or ship, boat or other water-going vessel, other than one of a prescribed description),

• “prescribed” means prescribed in regulations made by the Scottish Ministers (and “prescribe” is to be construed accordingly),

• “registered” and “unregistered” have the meaning given in section 10(2),

• “registrable business” has the meaning given in section 10(1) (and references to a kind of registrable business have the meaning given in section 10(3)),

• F7“retail packaging”, in relation to a product, means the packaging in which it is, or is intended to be, presented for sale by retail;

• “tobacco business” means a business involving the sale of tobacco products by retail,

• F8...

• F9“tobacco product” means a product consisting wholly or partly of tobacco and intended to be smoked, sniffed, sucked, chewed or consumed in any other way,

• ...

• “vape” means—

  1. (a)

     a device which—

     1. (i)

        vaporises substances, other than tobacco, for the purpose of inhalation through a mouthpiece (whether or not it also vaporises tobacco), and

     2. (ii)

        is not a medical device or a medicinal product, or

  2. (b)

     an item which is intended to form part of a device within paragraph (a) (including anything intended to be attached to it with a view to imparting flavour),

• “vaping product” means—

  1. (a)

     a vape, or

  2. (b)

     a vaping substance,

• “vaping product business” means a business involving the sale of vaping products by retail,

• “vaping substance” means a substance, other than tobacco, that is intended to be vaporised by a vape,

• “vaporises” includes aerosolises (and “vaporised” is to be construed accordingly).

For the purposes of this Part, the following are smoking related products—

• cigarette papers

• cigarette tubes

• F10filters that do not form part of a tobacco product or herbal smoking product

• apparatus for making cigarettes

• cigarette holders

• pipes for smoking tobacco products.

The Scottish Ministers may by order F11amend this section so as to modify the list in subsection (2) as they consider appropriate.