Take action on youth smoking: Consultation on draft regulations for the Tobacco and Primary Medical Services (Scotland) Act
A consultation is currently open on draft regulations governing key implementation details of the Tobacco and Primary Medical Services (Scotland) Act. The regulations cover key issues that underpin the new Act, including how the ban on the display of tobacco products will work in practice.
A briefing has been prepared, containing an overview of the key issues in the regulations, and suggestions on what to emphasise in your consultation response.
ASH Scotland urges you to respond to the draft consultation on these important regulations, underlining the health reasons for these measures, to keep political resolve firm against attempts to weaken them.
The consultation is open until 20 July 2010.
- Download the ASH Scotland briefing here (pdf) to find out more about the regulations, and how to respond.
- Read the ASH Scotland response to the consultation (pdf)
- Go to theScottish Government website to read the consultation document in full.
- Read the Scottish Coalition on Tobacco response here (pdf)
3 March 2010 - Tobacco Bill receives Royal Assent, becoming the Tobacco and Primary Medical Services (Scotland) Act 2010. 
Read the act.
27 January 2010 - Tobacco Bill passed by parliament
The Scottish Parliament has voted by a majority of 108 to 15 in favour of the Tobacco and Primary Medical Services (Scotland) Bill. This legislation will mean Scotland has one of the strongest tobacco display bans in the world. The measures that will be introduced in Scotland include:
- an end to the promotional display of tobacco brands in retail outlets, for larger retailers in 2011 and for smaller retailers in 2013
- a requirement for those selling tobacco to be on a central register by 2011 with the offence of selling tobacco without being registered having a penalty of a fine of up to £20,000 or 6 months in jail
- an end to the sale of cigarettes through self-service vending machines in October 2011 (at the same time as other parts of the UK)
- the offence of proxy purchase of tobacco by adults for those under 18 is created with penalty of a fine up to £5000
- the offence of under 18s attempting to buy cigarettes is created
- police have the power to confiscate tobacco from under 18s in a public place
- enforcement officers have new powers to issue fixed penalty fines for breaches of the law
- enforcement officers can seek a banning order (to a maximum of 24 months) from a sheriff if more than three enforcement actions have been issued
- those banned from selling tobacco must display a notice stating they are banned.
ASH Scotland believes that the tobacco measures in the act are proportionate, backed by robust international evidence on the effects of tobacco marketing and advertising on young people, and we support the proposals in the act.
- Download our briefing on the tobacco act, comparing the Scottish legislation with similar law in other parts of the UK and Ireland (pdf)
- Read our Tobacco Act Q&A
- Download a pdf version of the act
- View the act on the OPSI website
Background to the Tobacco Act
In May 2008, the Scottish Government published Scotland's Future is Smoke-Free, its Smoking Prevention Action Plan. The plan contained a number of legislative and non-legislative actions aimed at tackling youth smoking initiation. The legislative actions relating to preventing young people taking up smoking are contained in the Tobacco Act. You can read the Smoking Prevention Action Plan here.
The Tobacco and Primary Medical Services (Scotland) Bill was published in February 2009. Part one of the bill proposed four key measures which aim to prevent young people smoking and part two deals with the provision of medical services. Details of the bill process can be found here on the Scottish Parliament website.
Key documents and further reading on the act
ASH Scotland briefing and background papers
- Information briefing on the Tobacco and Primary Medical Services (Scotland) Act(March 2010) (pdf, 55kb) This briefing describes the key measures in the act, and compares the Scottish legislation with similar legislation in England, Wales, Northern Ireland, and Ireland.
- Briefing on myths and realities of tobacco point of sale display bans (September 2008) (pdf, 224kb) This briefing describes the way in which the tobacco industry has campaigned against point of sale tobacco display bans in other parts of the world, and concludes that very few of the industry's arguments stand up to close scrutiny.
- Briefing on tobacco retail licensing (May 2008) (pdf, 169kb) A briefing paper - adapted from the consultation paper prepared for Christine Grahame's proposed member's bill - outlining the various forms of tobacco licensing and calling for a system of positive licensing to be introduced in Scotland.
- Briefing on promotional displays of tobacco (May 2008) (pdf, 189kb) A briefing paper describing recent moves to restrict tobacco marketing and calling for one of the last loopholes - point of sale promotional displays - to be closed.
- SCOT statement on health bill (November 2008) (pdf, 125 kb) The statement calls for strong and effective youth smoking prevention measures to be included in the Scottish Government's forthcoming health bill.
- Key facts on youth smoking prevention (September 2008) (pdf, 55 kb) A list of key facts on youth smoking, tobacco display bans and tobacco retail licensing.
ASH Scotland recent press releases relating to the act
- ASH Scotland delight as tobacco bill passed by parliament 27 January 2010
- ASH Scotland urges MSPs to vote for tobacco bill 26 January 2010
- MPs vote for tobacco display – MSPs must also stay steadfast 12 October 2009
- ASH Scotland delight at tobacco bill stage one vote 24 September 2009
- Smoking is a childhood addiction 23 September 2009
- Young people’s voices should be heard in tobacco bill debate 8 September 2009
Written evidence submitted to the Health and Sport Committee
- ASH Scotland written evidence to the Health and Sport Committee (April 2009) (pdf, 150kb) ASH Scotland's submission to the stage 1 scrutiny of the bill by the Health and Sport Committee.
- SCOT (Scottish Coalition On Tobacco) written evidence to the Health and Sport Committee (April 2009) (pdf, 605kb)
- All the written evidence submitted to the Health and Sport Committee can be accessed from the Scottish Parliament website; Go to the evidence page on the Parliament site.
Records of oral evidence heard by the Health and Sport Committee
- Each Committee meeting is recorded, transcribed, and available on this page on the Scottish Parliament's website. Evidence on the Tobacco and Primary Medical Services (Scotland) Bill starts from 13 May 2009 onwards.