Section 71 Power to extend 2010 Act to other productsI1I2

The Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) is amended as follows.

After section 34 insert—

“Power to extend this Part to other products

34A

(1)

The Scottish Ministers may by regulations amend this Part for the purpose of extending any provision that applies in relation to a tobacco product to—

(a)

a device of a specified description which enables a tobacco product to be consumed otherwise than by being smoked (for example, a heated tobacco device);

(b)

an item which is intended to form part of such a device.

(2)

Before making regulations under this section the Scottish Ministers must consult any persons they consider it appropriate to consult.

(3)

The Scottish Ministers may by regulations amend this Part for the purpose of extending any provision that applies in relation to a tobacco product to—

(a)

some or all smoking related products;

(b)

if not falling within paragraph (a), a filter that does not form part of a tobacco product or herbal smoking product.

(4)

The Scottish Ministers may by regulations amend this Part for the purpose of extending to filters any provision made by sections 9A to 9C in relation to a relevant oral tobacco product.”

In section 40 (orders and regulations), in subsection (4), at the appropriate place insert—

• “section 34A”.