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Tobacco and Primary Medical Services (Scotland) Act 2010

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This is the original version (as it was originally enacted).

35Interpretation of Part 1

This section has no associated Explanatory Notes

(1)In this Part—

  • “area”—

    (a)

    in relation to a council, means the local government area for which the council is constituted,

    (b)

    in relation to a council officer, means the area of the council which authorised the officer,

  • “council” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c.39),

  • “council officer” means a duly authorised officer of a council,

  • “fixed penalty notice” is to be construed in accordance with section 27 and schedule 1,

  • “premises” includes any place and any vehicle, vessel, or moveable structure,

  • “prescribed” means prescribed in regulations made by the Scottish Ministers (and “prescribe” is to be construed accordingly),

  • “registered” and “unregistered” have the meaning given in section 10(2),

  • “tobacco business” means a business involving the sale of tobacco products by retail,

  • “tobacco product” means a product consisting wholly or partly of tobacco and intended to be smoked, sniffed, sucked or chewed,

  • “tobacco retailing banning order” has the meaning given in section 15(6).

(2)For the purposes of this Part, the following are smoking related products—

  • cigarette papers

  • cigarette tubes

  • cigarette filters

  • apparatus for making cigarettes

  • cigarette holders

  • pipes for smoking tobacco products.

(3)The Scottish Ministers may by order modify the list in subsection (2) as they consider appropriate.

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