The Act – Overview
3.Part 1 of the Act contains a number of controls on sales, including a ban on the display of tobacco products and on the sale of tobacco products from vending machines, the establishment of a Register of Tobacco Retailers and the introduction of tobacco retailing banning orders. It also creates the new offence of purchase of tobacco products by under 18s or by persons aged 18 or over on behalf of under 18s. Part 1 also consolidates and updates some tobacco sales legislation (including provisions from the Children and Young Persons (Scotland) Act 1937, the Children and Young Persons (Protection from Tobacco) Act 1991, the Tobacco Advertising and Promotion Act 2002 and the Smoking, Health and Social Care (Scotland) Act 2005).
4.Part 1 creates the following offences:
	an offence of displaying tobacco products and smoking related products in a place where tobacco products are offered for sale;
	an offence of displaying prices of tobacco products or smoking related products that does not comply with regulations;
	an offence of selling tobacco products or cigarette papers to persons under 18;
	an offence of a person under 18 buying or attempting to buy tobacco products or cigarette papers;
	an offence of a person aged 18 or over buying or attempting to buy tobacco products or cigarette papers for a person under 18;
	an offence for someone under 18 who is in possession of tobacco products or cigarette papers in a public place to fail to comply with a request from the police to surrender these items or to supply a name and address;
	an offence of selling tobacco products from vending machines, and
	an offence of carrying on a tobacco business whilst not on the Register of Tobacco Retailers or carrying on such a business from unregistered premises;
	an offence of a person who is on the register failing to notify certain changes to the Scottish Ministers
	an offence of breaching a tobacco retailing banning order or an ancillary order;
	an offence of failing to display a notice relating to a tobacco retailing banning order.
5.Part 1 also creates an enforcement regime of fixed penalty notices and banning orders for offences under that Part.
6.Part 2 of the Act amends the provisions of the National Health Service (Scotland) Act 1978 (“the 1978 Act”) regarding the persons with whom Health Boards can contract for the provision of primary medical services.
7.Part 3 of the Act makes general provision in relation to the Scottish Ministers’ order and regulation making powers, gives the Scottish Ministers powers to make ancillary provision and provides as to commencement of the Act.