{
  "url": "https://openlegislation.uk/tobacco-and-primary-medical-services-scotland-act-2010/section-8A",
  "json_url": "https://openlegislation.uk/tobacco-and-primary-medical-services-scotland-act-2010/section-8A.json",
  "legislation": "asp/2010/3",
  "legislation_title": "Tobacco and Primary Medical Services (Scotland) Act 2010",
  "legislation_url": "https://openlegislation.uk/tobacco-and-primary-medical-services-scotland-act-2010",
  "path": "section/8A",
  "kind": "section",
  "number": "8A",
  "heading": "Free distribution and discount of products",
  "text": "(1) A person commits an offence if—\n(a) the person—\n(i) gives away a product or coupon to a member of the public or sells by retail a product or coupon at a substantial discount, or\n(ii) causes or permits that to happen, and\n(b) either—\n(i) their purpose in doing so is to promote a relevant product, or\n(ii) the effect of their doing so will be to promote a relevant product and they know, or have reason to suspect, that will be the effect.\n(2) In subsection (1) “relevant product” means—\n(a) a tobacco product,\n(b) a herbal smoking product,\n(c) a smoking related product,\n(d) a vaping product, or\n(e) a nicotine product.\n(3) A person who commits an offence under this section is liable—\n(a) on summary conviction, to imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both;\n(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.\n(4) In this section “coupon” means anything (whether in physical or electronic form) which, by itself or together with something else, can be redeemed for a product or service or for cash or any other benefit.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Ss. 8A, 8B and cross-heading inserted (29.4.2026 for specified purposes, 29.10.2026 in so far as not already in force) by Tobacco and Vapes Act 2026 (c. 18), ss. 65(1), 175(1)(2)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2010/3/section/8A",
    "retrieved_at": "2026-11-07T03:32:54.793045+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}