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Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016

This Act introduced new laws on the sale of tobacco and Nicotine Vapour Products (NVPs).

This made it an offence to:

  • sell NVPs to people aged under 18
  • allow a person under 18 to sell tobacco, cigarette papers or NVPs without authorisation
  • fail to operate an age verification policy at premises selling these products
  • buy NVPs on behalf of people aged under 18
  • carry on an NVP business without registration

The Act also introduced the defence of due diligence in relation to certain offences.

Powers to prohibit or restrict advertising and promotion of NVPs were also introduced.  New laws using these powers will be brought forward in due course.  The Scottish Government also plans to ban the sale of NVPs from vending machines. 

New powers to ban smoking around NHS hospital buildings were introduced by the Act.  New laws using these powers will be brought forward in 2017.