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Tobacco Control Team
3EN, St Andrews House
Regent Road

Tel:  0131 244 2169
Email:  tobaccocontrolteam@gov.scot

Tobacco & Primary Medical Services (Scotland) Act 2010

The Tobacco and Primary Medical (Scotland) Act 2010 was passed by the Scottish Parliament on January 27, 2010, with an overwhelming majority of 108 to 15 MSPs in favour.

The Act contains measures aimed specifically at reducing the attractiveness and availability of tobacco to under 18s:

The Act:

  • Bans the display of tobacco and smoking related products in shops
  • Bans the sale of tobacco from vending machines
  • Introduces a tobacco sales registration scheme, which will be free for retailers to join
  • Makes it an offence for under 18s to purchase tobacco
  • Makes it an offence for adults to buy tobacco for under 18s (proxy purchase)
  • Gives trading standards officers powers to issue fixed penalty notices
  • Gives courts the power to ban retailers from selling tobacco where they have continually broken the law
  • The Act also amends the eligibility criteria for persons wishing to run a GP practice

The legislation is designed to discourage people becoming addicted at an early stage and experiencing the serious health dangers of smoking

However, we want to build on this and are committed to ensuring a new comprehensive robust tobacco control strategy for Scotland is developing this year (2012).  This strategy will focus on prevention and cessation and include ambitious targets for reducing smoking across Scotland.

Scottish Tobacco Retailer Register

From April 1, 2011, The Scottish Government brought new legislation into force as part of the Tobacco and Primary Medical Services (Scotland) Act 2010.

It is now illegal for retailers to sell tobacco products if they are not registered. To continue selling tobacco products, Retailers will have to sign up to the Scottish Tobacco Retailer Register. Registration is quick and free and can be done in a number of ways. Firstly, retailers can register on the Scottish Tobacco Retailer Register homepage at www.tobaccoregisterscotland.org and complete the web-based form.

Retailers can also register on paper by downloading the registration form or by requesting a copy of the form by calling 0131 244 2169. Once completed the form should be sent to the Scottish Government, Tobacco Control Team, Area 3EN, St Andrew's House, Regent Road Edinburgh, EH1 3DG.

Enhanced Tobacco Sales Enforcement Programme

The Enhanced Tobacco Sales Enforcement Programme was officially launched on February 25, 2009. The scheme, involving local authority trading standards services working in partnership with Her Majesty's Revenue and Customs, has two main aims:

  • Stepping up enforcement of tobacco sales law to prevent illegal sales of tobacco products to under 18s
  • Tackling the availability of smuggled or counterfeit tobacco products in local communities

In order to facilitate the national co-ordination of the Enhanced Tobacco Sales Enforcement Programme and related activities, funding has been made available for the appointment of a National SCOTSS Co-ordinator to provide feed back and to link to other relevant national activity.

National smoking reduction targets

The targets originally set in the White Paper Towards a Healthier Scotland were updated in the tobacco action plan A Breath of Fresh Air for Scotland and new targets were set for young people in the Scotland's Future is Smoke-free to reflect action in these plans. The current targets are:

  • To reduce the proportion of women who smoke during pregnancy from 29 per cent to 23 per cent between 1995 and 2005 and to 20 per cent by 2010
  • To reduce smoking among adults (16 and over) from 26.5 per cent in 2004 to 22 per cent by 2010
  • To reduce the level of smoking amongst:
  1. 13 year old girls from 5 per cent in 2006 to 3 per cent in 2014
  2. 13 year old boys from 3 per cent in 2006 to 2 per cent in 2014
  3. 15 year old girls from 18 per cent in 2006 to 14 per cent in 2014
  4. 15 year old boys from 12 per cent in 2006 to 9 per cent in 2014
  5. 16 to 24 year olds by 9 per cent from 26.5 per cent in 2006 to 24.1 per cent in 2010