Section 8B Free distribution of products: defencesF1
Where a person is charged with an offence under section 8A of giving away a vaping product or nicotine product, or a coupon for such a product, it is a defence for the person to prove that the product or coupon was given away in accordance with arrangements made by a public authority.
The Scottish Ministers may by regulations create further defences to the offence under section 8A of giving away a vaping product or nicotine product or a coupon for such a product.
Regulations under this section may amend this Part.
Annotations
Textual amendments
- F1
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)
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.