Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016
| Act of the Scottish Parliament | |
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| Long title | An Act of the Scottish Parliament to make provision about tobacco, nicotine and related products, in particular to make provision about retailing, to amend the prohibition on smoking in certain areas and to control advertising and promotion; to make provision about a duty of candour following serious incidents in the course of providing care; to make provision about offences applying to ill-treatment or neglect where care is provided; and for connected purposes. |
|---|---|
| Citation | 2016 asp 14 |
| Introduced by | Maureen Watt MSP, Minister for Public Health |
| Dates | |
| Royal assent | 6 April 2016 |
Status: Current legislation | |
| History of passage through the Parliament | |
The Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 is an act of the Scottish Parliament which relates to smoking and care.
Provisions
The legislation makes it illegal to smoke in the vicinity of a hospital.[1] Tobacco and e-cigarette product retailers are required to maintain an age verification shceme.[2] The legislation tightens the rules on advertising and promoting vaping products.[3] Vending machines are restricted from selling vaping products.[4]
The act imposes a duty of candour on health service, care service and social work providers, which requires them to investigate and inform users of services of harm, with this applying to actual harm or ppotential harm as a result of unexpected or unintended events in their treatment or care.[5]
References
- ^ "MSPs approve under-18s e-cigarettes ban". The Herald. 2015-12-01. Archived from the original on 2025-06-30. Retrieved 2025-06-30.
- ^ Reid, Garth; Rennick, Louise; Laird, Yvonne; Arnot, Julie; McAteer, John (2017-08-31). "Review of 'Creating a tobacco-free generation: A Tobacco Control Strategy for Scotland'". NHS Health Scotland.
- ^ "Concerns raised as 10 per cent of Scots 15-year-old vape regularly". The Herald. 2023-03-03. Archived from the original on 2023-11-14. Retrieved 2025-06-30.
- ^ "New law in Scotland bans e-cigarettes sales to under-18s". BBC News. 2017-04-01. Archived from the original on 2017-04-02. Retrieved 2025-06-30.
- ^ QC, David A Stephenson (2016-05-01). "The Scottish Statutory Duty of Candour". Edinburgh Law Review. 20 (2): 224–229. doi:10.3366/elr.2016.0345. ISSN 1364-9809.