Smoking: The law in more detail

Since March 2006, enclosed public places and workplaces in Scotland have been smoke-free. This includes public transport and work vehicles used by more than one person. 

The smoke-free law was introduced to protect employees and the public from the harmful effects of passive smoking (secondhand smoke).

Sanctions include fines (and prosecution if refusal or failure to pay) for the smoker and for those in charge of premises if there is a breach of compliance or lack of display of appropriate signage.

Since October 2007 the age which tobacco could be sold increased from 16 to 18 in Scotland. It also became illegal for under-18s to purchase tobacco or for tobacco to be purchased on their behalf (a 'agent purchase'). This change in the law makes the age restriction the same as the age restriction for buying alcohol.

Section 4 of the Tobacco and Primary Medical Services (Scotland) Act 2010 creates an offence for a person to sell a tobacco product or cigarette papers to a person under the age of 18 years.

Section 5 of the Act creates an offence for any person under the age of 18 years to buy or attempt to buy a tobacco product or cigarette papers.

Section 6 of the Act 2010 creates an offence for a person to knowingly buy or attempt to buy a tobacco product or cigarette papers on behalf of a person under the age of 18 years.

Section 7 of the Act 2010 creates an offence for any person under the age of 18 to be in possession of a tobacco product and fail to surrender the said product to a constable when required to do so.