
2022 No. 276
Public Health
The Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (Supplementary Provision) Regulations 2022
Made 15th September 2022
Coming into force 19th September 2022

The Scottish Ministers make the following Regulations in exercise of the power conferred by section 35 of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 and all other powers enabling them to do so.

In accordance with section 34(2) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Citation and commencement
1 
These Regulations may be cited as the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (Supplementary Provision) Regulations 2022 and come into force on 19 September 2022.
Amendment of schedule 1 of the Smoking, Health and Social Care (Scotland) Act 2005
2 
In paragraph 1 of schedule 1 (fixed penalty for offences under sections 1, 2, 3, 4A, 4B and 4C(5)) of the Smoking, Health and Social Care (Scotland) Act 2005—
(a) in sub-paragraph (1), for the words from “under”, in the first place where it occurs, to “council”, in the second place where it occurs, (including the words inserted by section 20(8)(a) of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016) substitute “mentioned in sub-paragraph (1A)”,
(b) after sub-paragraph (1) insert—“
(1A) An offence referred to in sub-paragraph (1) is—
(a) an offence under section 1, 2 or 3 in no-smoking premises within the area of the council,
(b) an offence under section 4A or 4B within the no-smoking area outside a hospital building within the area of the council,
(c) an offence under section 4C(5) in relation to a hospital building within the area of the council.”.
MAREE TODD
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
15th September 2022