The 2010 Scottish Tobacco Act

picture of tobacco gantry with children and the text 'tobacco and primary medical services (Scotland) act 2010'

ASH Scotland timeline of legal challenges (pdf, 42kb, updated 20 March 2012)

16 March 2012

Imperial Tobacco lodges an appeal against the legislation with the UK Supreme Court, expected to be heard in November.

2 February 2012

Appeal judges reject a bid by Imperial Tobacco (see BBC report) to challenge Scottish government plans to ban the open display of cigarettes, having claimed the measures were beyond the legislative competence of Holyrood.  Imperial Tobacco's challenge against the legislation was originally rejected by Lord Bracadale in September 2010.

1 October 2011

All retailers who sell tobacco products should be registered using the online national register by this date.

29 July 2011

Imperial Tobacco announce that, in England, they will not pursue any further action on their vending machines appeal following a Supreme Court decision. (Their legal challenge on the Scottish legislation continues.)

31 May 2011

Imperial Tobacco continue to put forward their cast that the Scottish Parliament was acting beyond its powers when banning the display of tobacco products, by seeking an appeal of the original decision by Lord Bracadale.

13 May 2011

Lord Doherty today issued his decision regarding the Sinclair Collis challenge to Scotland's legislation to end the sale of tobacco from self service vending machines, and found against the petitioners and in favour of the Lord Advocate.

9 March 2011

The Westminster Government announces in their Tobacco Control Plan that they intend to proceed with the banning of tobacco displays but to delay the implementation dates by 18 months (April 2012 for large stores and April 2015 for small stores).

Following this announcement, the Scottish Government confirm that they will delay the implementation of the Scottish display ban to come into force at the same time as the rest of the UK.

27 January 2011

On the one year anniversary of the stage 3 debate and vote, ASH Scotland launches a report on the passage of the Act - Counter Measures.

The Act was strongly resisted by the tobacco industry as it passed through the Scottish Parliament. This report charts the Scottish experience, and the lessons learned in creating effective youth smoking prevention legislation.

25 January 2011

The Scottish Government issue a news release indicating that, due to the ongoing legal challenge against the Act by Imperial Tobacco, the expected October 2011 commencement date for the tobacco display ban in large shops will be delayed.

23 November 2010

The Scottish Government published regulations governing the register for tobacco retailers. Regulations on the ban on the display of tobacco products are on hold while the ongoing legal challenges relating to them are resolved.

The new rules contained within the regulations published so far will come into force on April 1, 2011 (retailers will have until October 1 2011 to register through the scheme).

23 August 2010

The Scottish Government published the consultation responses it received to its consultation on draft regulations. You can go to the Scottish Government website to view and download the responses received.

The Government will consider the responses and issue a report on the consultation process during September, with revised regulations being published during autumn 2010.

Other resources on the regulations

3 March 2010

Tobacco Bill receives Royal Assent, becoming the Tobacco and Primary Medical Services (Scotland) Act 2010. Link opens in new windowRead 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.

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

  • 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

 

Written evidence submitted to the Health and Sport Committee

 

Records of oral evidence heard by the Health and Sport Committee