SCOTTISH STATUTORY INSTRUMENTS
010 No. 123
The Public Health etc. (Scotland) Act 2008
The Chip Shop Door Width Regulations 2010
Made 12 January 2010
Laid before the Scottish Parliament 17 March 2010
Coming into force 1 April 2010
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 3(4) and section 5(4) of the Public Health etc. (Scotland) Act 2008 and all other powers enabling them to do so.
In accordance with section 4 of that Act regarding the duty of Local Authorities to protect Public Health, they have consulted such persons as they consider appropriate.
Citation, commencement and interpretation
1.—(1)These Regulations may be cited as the Public Health etc. (Scotland) Act 2008 Chip Shop (Door Width) Regulations 2010 and shall come in to force on 1st April 2010.
(2) In these Regulations— "Chips” mean a potato product comprising pieces of whole or reconstituted potato subjected to a cooking process which raises the temperature of the outer surface to greater than 100°C by immersion or other overall surface contact with oil or fat and sold in its cooked and ready to eat state.
“Chip Shop” and "Premises" mean any catering outlet, whether static or mobile, where chips may be purchased for consumption either on or off the premises.
“Chip Shop Owner” means the person having control of a chip shop.
“Chip Shop Door” means the opening through which customers must pass before making a purchase of chips.
"Prohibited Person" means any person unable to pass unaided through a chip shop door but does not include persons able to enter but unable to leave.
Chip Shop Doors
2. No chip shop door shall exceed 40 cm at any point as measured horizontally between the posts of its frame. It shall be the duty of the chip shop owner to ensure that compliance with these Regulations is not to the detriment of the requirements of Sections 53 and 54 of the Fire (Scotland) Act 2005.
Offences of Chip Shop Owners
3. Subject to 7, it shall be an offence for a chip shop owner to—
(1) Operate a chip shop where the width of the chip shop door exceeds the requirements of Regulation 2.
(2) Supply chips to any person unable to enter the premises by the chip shop door.
(3) Allow customers to enter the premises by any means other than the chip shop door.
(4) Supply chips to a person buying chips on behalf of a person without obtaining a declaration from that person to the effect that the chips will not be supplied to any person who, for the reasons above, would be unable to purchase chips on their own behalf.
(5) Knowingly supply chips to a person buying chips on behalf of a person unable to pass through a chip shop door.
Offences of Prohibited Persons
4. It shall be an offence for a prohibited person to—
(1) Purchase chips from a chip shop.
(2) Solicit or entice another person to purchase chips on their behalf.
(3) Receive help from another person to pass through a chip shop door.
(4) Wear any kind of surgical appliance for the purpose of passing through a chip shop door.
(5) Loiter in the vicinity of a chip shop with intent.
Offences of Other Persons
5. It shall be an offence for a person purchasing chips to—
(1) Make a false declaration as to the intended final consumer of any chips taken off the premises.
(2) Knowingly purchase chips for a prohibited person.
(3) Smuggle chips sold for consumption on the premises out of the premises with a view to supplying them to a prohibited person. Smuggle includes secreting chips about the person and requesting a doggy bag with malicious intent.
Special Provisions for Mobile Shops and Stalls
6. Where the nature of premises are such that customers are unable to enter, the chip shop owner shall provide a portable device in front of his premises through which customers must pass as if it were in compliance within Regulation 3.
7. It shall be a defence for a chip shop owner to show that any person found on their premises in contravention of Regulation 2 (3) is in possession of a current written certification from a medical practitioner confirming that they have a medical condition which precludes them from passing through a chip shop door.
For the purpose of this regulation, the relevant medical conditions are—
(a) Advanced pregnancy
(b) Glandular problems
(c) Big bones
In which case they may be permitted to enter by the back door.
8. The Fruit and Vegetable Shop (Door Width) Regulations 2009 are revoked.
A member of the Scottish Executive
St. Andrew's House, Edinburgh
1 April 2010
(This note is not part of the Regulations)
Section 4 of the Public Health etc. (Scotland) Act 2008 places a duty on Local Authorities to protect Public Health. These regulations target one of the main causes of ill health by controlling its effect on the vulnerable by placing an upper limit on the size of people able to buy chips.