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Supreme Court rejects Imperial Tobacco's bid to stop cigarette display ban Supreme Court rejects Imperial Tobacco's bid to stop cigarette display ban
(35 minutes later)
One of the world's biggest tobacco firms has lost its legal fight against a planned cigarette display ban.One of the world's biggest tobacco firms has lost its legal fight against a planned cigarette display ban.
Imperial Tobacco challenged the Scottish government's attempts to ban open displays in shops in Scotland.Imperial Tobacco challenged the Scottish government's attempts to ban open displays in shops in Scotland.
A panel of five Supreme Court judges have been analysing the issue and delivered their judgement on Wednesday.A panel of five Supreme Court judges have been analysing the issue and delivered their judgement on Wednesday.
Bristol-based Imperial Tobacco has twice failed to persuade Scottish judges to set aside legislative provisions.Bristol-based Imperial Tobacco has twice failed to persuade Scottish judges to set aside legislative provisions.
The judges ruled unanimously that the ban, introduced in a Scottish Parliament Act of two years ago, should be allowed to stand.The judges ruled unanimously that the ban, introduced in a Scottish Parliament Act of two years ago, should be allowed to stand.
Imperial Tobacco had claimed the act was outside the competence of Holyrood as sales supply and product safety were matters reserved to Westminster.Imperial Tobacco had claimed the act was outside the competence of Holyrood as sales supply and product safety were matters reserved to Westminster.
The ban can now come into force under a timetable to be decided by the Scottish government. The ban - which is supposed to remove the temptation for young people to take up smoking - can now come into force under a timetable to be decided by the Scottish government.
In delivering the judgement, Lord Hope said: "The only question is whether any of the particular rules that were laid down in the 1998 Act by which it is to be determined whether or not a provision is outside legislative competence have been breached.
"That is not to say that the question is easy to answer or unimportant. But the exercise that has to be carried out is essentially one of statutory construction."
He went on to say that "none of the challenges" of Imperial Tobacco were well-founded.
Lord Hope added: "Sections 1 and 9 of the 2010 Act are not outside the legislative competence of the Scottish Parliament. I would dismiss the appeal and affirm the First Division's interlocutor."
The ban on tobacco product displays is already in force in England and Wales.