Contents
1Citation, commencement and interpretation#
(1)These Regulations may be cited as the Tobacco and Vapes Act 2026 (Commencement No. 1, Transitional and Saving Provisions) (Scotland) Regulations 2026 and come into force on 29 October 2026.
(2)In these Regulations—• “the 2010 Act” means the Tobacco and Primary Medical Services (Scotland) Act 2010,• “the Act” means the Tobacco and Vapes Act 2026.
2Appointed days#
(2)Paragraph 15(a), (b) and (d) of schedule 9 of the Act come into force on 29 April 2027.
3Transitional and saving provisions#
(1)Any application for a tobacco and vaping product banning order under section 15 of the 2010 Act which is made, but not determined, before 29 October 2026 is to be treated as an application for a banning order referred to in section 15 of the 2010 Act.
(2)Paragraphs (3) to (5) apply where a tobacco and vaping product banning order (being an order made under section 15 of the 2010 Act before 29 October 2026) has effect in respect of a person.
(3)Each reference to a “banning order” in the following sections of the 2010 Act is to be read as including a reference to a “tobacco and vaping product banning order”—
(a)section 11(3)(b) (application for registration and addition of premises etc.),
(b)section 14(2) (changes to and removal from Register),
(c)section 16(1)(b) (ancillary orders),
(d)section 16(4),
(e)section 16(5),
(f)section 17(1) (appeals),
(g)section 17(3),
(h)section 20(4) (offences relating to the Register).
(4)Where the order referred to in section 16(1)(b) of the 2010 Act is a tobacco and vaping product banning order, section 16(2) of the 2010 Act continues to have effect as if the amendments made by paragraph 11 of schedule 9 of the Act had not been made.
(5)Section 19 (display of notices) of the 2010 Act continues to have effect in respect of the tobacco and vaping product banning order as if the amendments made by paragraph 14 of schedule 9 of the Act had not been made.
(6)Subject to paragraph (7), the definition of “tobacco or vaping product business” in section 35(1) (interpretation of Part 1) of the 2010 Act continues to have effect for each of the following purposes—
(a)for the purpose of section 20(1) of the 2010 Act, and
(b)insofar as necessary to give effect to paragraphs (2) to (5) of this regulation.
(7)Paragraph (6)(a) applies until 29 April 2027.
Contains public sector information licensed under the Open Government Licence v3.0.