The Smoking, Health and Social Care (Scotland) Act 2005 (Variation of Age Limit for Sale of Tobacco etc. and Consequential Modifications) Order 2007
By virtue of section 9(1) of the Smoking, Health and Social Care (Scotland) Act 2005 (“the 2005 Act”) the Scottish Ministers may, by order, modify section 18 of the Children and Young Persons (Scotland) Act 1937 (offence of selling tobacco etc. to under age persons and other preventative measures) (“the 1937 Act”) so as to substitute for the age specified in any of its provisions (at the making of this Order, 16) such other higher age or ages as they consider appropriate. Section 39 of the 2005 Act enables the Scottish Ministers, by order, to make such incidental, supplemental or consequential provision as they consider necessary or expedient for the purposes, or in consequence, of that Act. Any order under section 39 may make different provision for different purposes, and may modify any enactment, instrument or document.