The Sale of Tobacco (Registration of Moveable Structures and Fixed Penalty Notices) (Scotland) Regulations 2011

Contents

1Citation, commencement and interpretation#

(1)These Regulations may be cited as the Sale of Tobacco (Registration of Moveable Structures and Fixed Penalty Notices) (Scotland) Regulations 2011 and come into force on 1stApril 2011.

(2)In these Regulations—• “the Act” means the Tobacco and Primary Medical Services (Scotland) Act 2010;• “moveable premises” means premises consisting of a vehicle or other moveable structure from which the applicant proposes to carry on a tobacco or nicotine vapour product business but excluding a vessel.

2Application of Chapter 2 of the Act (Register of Tobacco Retailers) to vehicles and other moveable structures (excluding vessels)#

If premises are moveable premises, Chapter2 of Part 1 of the Act applies subject to the modifications in regulations 3 and 4.

3 #

(1)For—

(a)“the addresses of all premises at which the applicant proposes to carry on a tobacco or nicotine vapour product business” in section11(2)(b) of the Act; and

(b)“the address of the further premises at which the applicant proposes to carry on a tobacco or nicotine vapour product business” in section11(2)(c) of the Act,

(2)Where it is proposed to carry on business from moveable premises—

(a)in a fixed location substitute—“:—i a description which identifies the location of all premises at which; andii the type and registration number of the vehicle or a description and dimensions of the moveable structure being the premises from which,the applicant proposes to carry on a tobacco or nicotine vapour product business”

(b)in a location which is not fixed substitute—“:—i a description which identifies each street or area at which; andii the type and registration number of the vehicle or a description and dimensions of the moveable structure being the premises from which,the applicant proposes to carry on a tobacco or nicotine vapour product business”

substitute in accordance with paragraph(2).

4 #

The references in the Act to—

(i)“addresses” in section11(4)(b); and

(ii)“address” in sections11(5), and 13(1)(b)

are to be read in accordance with the substitutions in regulation 3.

5Time after which a fixed penalty notice may not be given#

The time prescribed for the purpose of paragraph3 of schedule1 to the Act is 7days after the day on which the offence took place.

6Amount of fixed penalty and discounted amount for offences under sections 5 and 7 of the Act#

The amount prescribed for the purposes of paragraph 4(1)(a) and (b) of schedule 1 to the Act for offences under sections 5 and 7 of the Act are respectively—

(a)£50 (fixed penalty); and

(b)£30 (discounted amount).

7Amount of fixed penalty and discounted amount for all other offences under Chapters 1 and 2 of Part 1 of the Act#

(1)Subject to paragraph(2), the amounts prescribed for the purposes of paragraph4(1)(a) and (b) of schedule1 to the Act for offences under Chapters 1 and 2 of Part 1 of the Act other than sections5 and 7 are respectively—

(a)£200 (fixed penalty); and

(b)£150 (discounted amount).

(2)Where a person is issued with a fixed penalty notice (“the fixed penalty notice”) and that person has been the subject of previous enforcement action within the prescribed period the amounts prescribed for the purposes of paragraph4(1)(a) and (b) of schedule1 to the Act are set out in the table in the Schedule to these Regulations.

(3)The prescribed period is twoyears ending on the date the fixed penalty notice is issued.

(4)In this regulation, “enforcement action” means the issue of a fixed penalty notice which is not subsequently withdrawn or the conviction of an offence under Chapter1 or 2 of Part 1 of the Act.

Schedule

Contains public sector information licensed under the Open Government Licence v3.0.