Scotland

COMMENTS: The Education (Scotland) Act 1980 regulates education and, among other things, provides a definition of “educational establishment” that is applicable to the ban on smoking contained in the Prohibition of Smoking in Certain Premises Regulations 2006.

COMMENTS: The Consumer Protection Act 1987 makes it an offense to fail to give information required for a specific good and sets out penalties for violations. These provisions apply to tobacco packaging and labeling requirements.

COMMENTS: The Children and Young Persons (Protection from Tobacco) Act 1991 prohibits the sale of unpackaged cigarettes, among other measures.

COMMENTS: The Regulation of Care (Scotland) Act 2001 provides for the registration and regulation of care services. Among other things, the Act provides a definition of “school care accommodation service,” which is a type of premises required to be smoke free under the Prohibition of Smoking in Certain Premises Regulations 2006.

COMMENTS: The Tobacco Advertising and Promotion Act 2002, also referred to as “TAPA,” generally applies to the entire United Kingdom, except certain provisions that specify they apply or do not apply in Scotland. The Act regulates tobacco advertising, promotion and sponsorship.

COMMENTS: The Tobacco Advertising and Promotion Act 2002 (Commencement) (Scotland) Order 2002 sets dates on which specified sections of TAPA 2002 come into force.

COMMENTS: The Tobacco Products (Manufacture, Presentation and Sale) (Safety) Regulations 2002 regulate packaging and labeling of tobacco products. These regulations were revoked by the Tobacco and Related Products Regulations 2016.

COMMENTS: The Tobacco Advertising and Promotion Act 2002 (Commencement No. 4) (Scotland) (Amendment and Transitional Provisions) Order 2003 sets dates on which specified sections of TAPA 2002 come into force.

COMMENTS: The Tobacco Advertising and Promotion Act 2002 (Commencement No. 5) (Scotland) Order 2003 sets dates on which specified sections of TAPA 2002 come into force.

COMMENTS: Directive 2003/33/EC of the European Parliament and of the Council of 26 May 2003 regulates advertising and promotion of tobacco products in the press and other printed publications; in radio broadcasting; in information society services; through tobacco related sponsorship of radio programs; and through tobacco related sponsorship of events or activities having a cross-border effect.

COMMENTS: The Tobacco Advertising and Promotion (Point of Sale) (Scotland) Regulations 2004 were repealed by the Sale of Tobacco (Display of Tobacco Products and Prices etc.) (Scotland) Regulations 2013.

COMMENTS: The Tobacco Advertising and Promotion (Specialist Tobacconists) (Scotland) Regulations 2004 were issued under the Tobacco Advertising and Promotion Act 2002 and regulate advertising in specialist tobacconist shops. These regulations were amended by the Sale of Tobacco (Display of Tobacco Products and Prices etc.) (Scotland) Regulations 2013.

COMMENTS: The Tobacco Advertising and Promotion Act 2002 (Commencement No. 8) (Scotland) Order 2004 sets dates on which specified sections of TAPA 2002 come into force.

COMMENTS: The Enforcement Protocol provides guidance for officials on how to enforce smoke free laws and regulations. This is not a legally binding document.

COMMENTS: The Tobacco Advertising and Promotion (Brandsharing) Regulations 2004 were issued under the Tobacco Advertising and Promotion Act 2002. The Regulations prohibit brandsharing (brand stretching) and reverse brandsharing and set forth a few very limited exceptions to the ban.

COMMENTS: The Smoking, Health and Social Care (Scotland) Act 2005 regulates certain health care services in Scotland. In relation to tobacco control, the law regulates smoking in enclosed and substantially enclosed places and regulates the minimum age for tobacco sales.

COMMENTS: Guidance on Smoking Policies for the NHS, local authorities, and care service providers, 2005 provides guidance on smoke free policies for those in public service and the caring professions. Among other things, the document provides guidance on smoking policy for care givers who work in private homes.

COMMENTS: The Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006 were issued under the authority of the Smoking, Health and Social Care (Scotland) Act 2005. The Regulations, among other things, specify premises where smoking is prohibited and premises where smoking rooms may be allowed.

COMMENTS: The Prisons and Young Offenders Institutions (Scotland) Rules regulate prisons and juvenile detention institutions and, among other things, regulate smoking in prisons.

COMMENTS: The Tobacco Advertising and Promotion 2002 etc. (Amendment) Regulations 2006 amended TAPA 2002 to include provisions specifically addressing information society services, such as the internet.

COMMENTS: The Tobacco Advertising and Promotion Act 2002 (Commencement No. 10) (Scotland) Order 2006 sets the effective date of the remaining TAPA provisions that have not yet entered into force.

COMMENTS: The Tobacco Products (Manufacture, Presentation and Sale) (Safety) (Amendment) Regulations 2007 amended the 2002 regulations on packaging and labeling to require picture warnings on the back surface of the pack and to extend the requirements to tobacco products supplied for consumption in other EEA (European Economic Area) states. These regulations were revoked by the Tobacco and Related Products Regulations 2016.

COMMENTS: The Air Navigation Order 2009 regulates air navigation and, among other things, requires no-smoking signs in aircraft where smoking is prohibited.

COMMENTS: The Tobacco and Primary Medical Services (Scotland) Act 2010, among other things, regulates the display, sale and purchase of tobacco products, and the registration of tobacco retailers.

COMMENTS: The Tobacco and Primary Medical Services (Scotland) Act 2010 (Ancillary Provisions) Order 2010 sets forth when repeals and amendments of other Acts, as set forth in Schedule 2 of the Tobacco and Primary Medical Services Act 2010, come into effect.

COMMENTS: The Audiovisual Media Services (Product Placement) Regulations 2010 prohibit product placement in UK-made TV and on-demand programs of any tobacco product, including electronic or smokeless cigarettes, tobacco accessories such as lighters, and cigarette papers or pipes intended for smoking.

COMMENTS: Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (or the "Audiovisual Media Services Directive") requires Member States to prohibit tobacco advertising in audiovisual media, among other things.

COMMENTS: The UK Code of Broadcast Advertising was issued by the UK Broadcast Committee of Advertising Practice (BCAP) and prohibits tobacco advertising on broadcast media regulated by Ofcom (TV, radio, and mobile phones). Only an excerpt of the Code - Section 10 - is uploaded here. For the full Code, please see the link to the official website.

COMMENTS: The Tobacco and Primary Medical Services (Scotland) Act 2010 (Commencement No. 1, Consequential and Saving Provisions) Order 2010 sets out when specified provisions of the Tobacco and Primary Medical Services (Scotland) Act 2010 and the Children and Young Persons (Protection from Tobacco) Act 1991 come into force. The Order also provides for a substantive amendment to the Children and Young Persons Act.

COMMENTS: The Tobacco and Primary Medical Services (Scotland) Act 2010 (Commencement No. 2) Order 2010 sets out when specified provisions of the Tobacco and Primary Medical Services (Scotland) Act 2010 come into force.

COMMENTS: The Tobacco and Primary Medical Services (Scotland) Act 2010 (Commencement No. 1, Consequential and Saving Provisions) Amendment Order 2011 amends The Tobacco and Primary Medical Services (Scotland) Act 2010 (Commencement No. 1, Consequential and Saving Provisions) Order 2010.

COMMENTS: The Ofcom Broadcasting Code regulates, among other things, the unpaid depiction of tobacco products and smoking on broadcast media aimed at children. See Rule 1.10. Only an excerpt of the Code - Section 1 - is uploaded here. For the full Code, please see the link to the official website.

COMMENTS: The Sale of Tobacco (Display of Warning Statements) (Scotland) Regulations 2011 were issued under Section 8 of the Tobacco and Primary Medical Service Act 2010 and regulate warning statements regarding tobacco sales to minors at any business that sells tobacco.

COMMENTS: The Sale of Tobacco (Registration of Moveable Structures and Fixed Penalty Notices) (Scotland) Regulations 2011 were issued under The Tobacco and Primary Medical Services (Scotland) Act 2010 and regulate registration of tobacco retailers that are vehicles or moveable structures.

COMMENTS: The Health Act 2009 generally applies to the entire United Kingdom, except certain provisions that specify they apply or do not apply in Scotland. The Act, among other things, amends the Tobacco Advertising and Promotion Act 2002 to authorize regulations to: prohibit tobacco product display at retail shops, restrict product displays on websites, and prohibit tobacco vending machines.

COMMENTS: The Tobacco and Primary Medical Services (Scotland) Act 2010 (Commencement No. 3) Order 2013 establishes the commencement dates of several provisions related to tobacco product display and advertising at points of sale.

COMMENTS: The Sale of Tobacco (Display of Tobacco Products and Prices etc.) (Scotland) Regulations 2013 were issued under the Tobacco and Primary Medical Services (Scotland) Act 2010 and regulate the display of tobacco products and display of tobacco product prices at retail shops and specialist and bulk tobacconist shops. The regulations prohibit product display at most points of sale. Implementation of the display ban was originally delayed due to an industry challenge; however, the regulations were upheld by the Supreme Court. They entered into force in April 2013 for large retail shops and in April 2015 for small retail shops and other shops.

COMMENTS: The Tobacco and Primary Medical Services (Scotland) Act 2010 (Incidental Provision and Commencement No. 4) Order 2013 prohibits the sale of tobacco products by vending machine and establishes an effective date of April 29, 2013. The Order also revokes several provisions of previous legislation.

Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.

Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.

COMMENTS: Directive 2014/40/EU of the European Parliament and of the Council of April 3, 2014 requires Member States, among other things, to require combined picture and text health warnings occupying 65% of the front and back of all tobacco product packaging. The requirements of the directive were transposed via the Tobacco and Related Products Regulations 2016. This directive is referenced specifically in the regulations, particularly with regard to the contents of the health warnings as provided in the annexes to the directive.

COMMENTS: The Standardised Packaging of Tobacco Products Regulations 2015 implement section 135(6) of the Children and Families Act 2014 and require plain packaging for packages of cigarettes and hand rolling tobacco produced on or after May 20, 2016. Products produced before that date were permitted to be sold until May 20, 2017. The regulations specify color, shape, material, permitted text, and other elements of tobacco product packaging.

COMMENTS: The Tobacco and Related Products Regulations 2016 transpose many of the provisions of Directive 2014/40/EU (Tobacco Products Directive), including the requirements of health warnings to be placed on tobacco product packaging. 

These regulations have been amended by the Tobacco Products and Nicotine Inhaling Products (Amendment etc.) (EU Exit) Regulations 2019 and the Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020.

COMMENTS: Smoking Prohibition (Children in Motor Vehicles) (Scotland) Act 2016 will, once in effect, prohibit adults from smoking in a motor vehicle in which a child is present. This prohibition entered into force on December 5, 2016 pursuant to the Smoking Prohibition (Children in Motor Vehicles) (Scotland) Act 2016 (Commencement) Regulations 2016.

COMMENTS: The Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 contains several amendments to the Tobacco and Primary Medical Services (Scotland) Act 2010, including prohibiting the sale of e-cigarettes to persons under 18 years of age, and grants authority to the Scottish Ministers to make regulations related to e-cigarette advertising, sponsorship, and free distribution.

Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.

COMMENTS: The Tobacco Products and Nicotine Inhaling Products (Amendment etc.) (EU Exit) Regulations 2019 amend a number of legislative provisions as a result of the withdrawal of the UK from the European Union. The amendments include provisions regulating advertising and promotion, packaging and labeling, and flavors. The amendments entered into force on "exit day" - January 31, 2020.

COMMENTS: The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 amend the Tobacco Products and Nicotine Inhaling Products (Amendment etc.) (EU Exit) Regulations 2019 to address issues that arose under the Protocol on Ireland/Northern Ireland. Under the Protocol. Northern Ireland will remain aligned with a limited set of EU rules. Most amendments entered into force immediately before 'Implementation Period completion day" - which was established as December 31, 2020.