---
title: "Tobacco and Vapes Act 2026"
id: 45a661be-10ec-4e8c-ae2e-a639b64951e3
authority: uk
place: "United Kingdom"
applies_also_from: []
kind: statute
in_force: true
publisher_url: https://www.legislation.gov.uk/ukpga/2026/18
attribution: "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
solon_url: https://solon.orangecat.ch/law/45a661be-10ec-4e8c-ae2e-a639b64951e3
language: en
in_force_from: 2026-10-29
date_basis: publisher
status: consolidated
source_url: https://www.legislation.gov.uk/ukpga/2026/18/data.xml
read_on: 2026-11-08
sha256: da030511ff23f9339852d1426101f5b9d86e352e0e02dd4a33d38898bc234000
provisions: 139
---

# Tobacco and Vapes Act 2026

## Title and introductory text {#prelims}

Tobacco and Vapes Act 2026
2026 Chapter 18
An Act to make provision about the supply of tobacco, vapes and other products, including provision prohibiting the sale of tobacco to people born on or after 1 January 2009 and provision about the licensing of retail sales and the registration of retailers; to enable product and information requirements to be imposed in connection with tobacco, vapes and other products; to control the advertising and promotion of tobacco, vapes and other products; and to make provision about smoke-free places, vape-free places and heated tobacco-free places.
[29th April 2026]
Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

## 1 Sale of tobacco etc {#section-1}

(1) It is an offence to sell any of the following to a person born on or after 1 January 2009—
(a) a tobacco product;
(b) a herbal smoking product;
(c) cigarette papers.
(2) It is a defence for a person charged with an offence under this section to prove—
(a) that they took such steps as may be specified in regulations made by the Secretary of State to verify that the customer was born before 1 January 2009, or
(b) that they otherwise took all reasonable steps to avoid the commission of the offence.
(3) Before making regulations under subsection (2)(a) the Secretary of State must obtain the consent of the Welsh Ministers if the regulations contain provision which would be within the legislative competence of Senedd Cymru if contained in an Act of the Senedd.
(4) Regulations under subsection (2)(a) are subject to the affirmative resolution procedure.
(5) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

## 3 Tobacco vending machines {#section-3}

(1) A person commits an offence if the person has the management or control of premises on which a tobacco vending machine is available for use.
(2) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(3) In this section “tobacco vending machine” means a machine from which any of the following products may be bought or from which they are dispensed to a customer in connection with a sale—
(a) tobacco products,
(b) herbal smoking products, or
(c) cigarette papers.

## 4 Sale of unpackaged cigarettes {#section-4}

(1) It is an offence for a tobacco retailer to sell cigarettes that are not in their original packaging.
(2) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3) In this section “original packaging” means the retail packaging in which the cigarettes were supplied to the tobacco retailer for the purpose of sale.

## 5 Age of sale notice at point of sale: England {#section-5}

(1) A tobacco retailer who sells tobacco products on premises in England must display an age of sale notice on those premises.
(2) For the purposes of this section an “age of sale notice” is a notice containing the following statement—
It is illegal to sell tobacco products to anyone born on or after 1 January 2009
.
(3) The notice must be displayed in a prominent position where it is readily visible to people at each point of sale of tobacco products.
(4) The notice must comply with any requirements set out in regulations made by the Secretary of State as to the size or appearance of—
(a) the statement to be displayed on the notice, or
(b) any other aspect of the notice.
(5) Regulations under subsection (4) are subject to the negative resolution procedure.
(6) A person who fails to display an age of sale notice as required by this section commits an offence.
(7) It is a defence for a person charged with an offence under this section to prove that they took all reasonable steps to avoid the commission of the offence.
(8) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

## 6 Age of sale notice at point of sale: Wales {#section-6}

(1) A tobacco retailer who sells tobacco products on premises in Wales must display an age of sale notice on those premises.
(2) For the purposes of this section an “age of sale notice” is a notice containing both the following statements—
It is illegal to sell tobacco products to anyone born on or after 1 January 2009
Mae’n anghyfreithlon gwerthu cynhyrchion tybaco i unrhyw un a anwyd ar neu ar ôl 1 Ionawr 2009
.
(3) The notice must be displayed in a prominent position where it is readily visible to people at each point of sale of tobacco products.
(4) The notice must comply with any requirements set out in regulations made by the Welsh Ministers as to the size or appearance of—
(a) the statement to be displayed on the notice, or
(b) any other aspect of the notice.
(5) Regulations under subsection (4) are subject to the negative resolution procedure.
(6) A person who fails to display an age of sale notice as required by this section commits an offence.
(7) It is a defence for a person charged with an offence under this section to prove that they took all reasonable steps to avoid the commission of the offence.
(8) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

## 7 Ban on manufacture of snus etc {#section-7}

(1) It is an offence to manufacture a relevant oral tobacco product.
(2) In subsection (1) “relevant oral tobacco product” means a tobacco product that—
(a) is intended for oral use,
(b) is not intended to be inhaled or chewed, and
(c) consists wholly or partly of tobacco in powder or particulate form.
(3) A person who commits an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.

## 8 Ban on sales of snus etc {#section-8}

(1) It is an offence to—
(a) sell a relevant oral tobacco product, or
(b) offer or expose a relevant oral tobacco product for sale.
(2) In subsection (1) “relevant oral tobacco product” has the meaning given by section 7(2).
(3) It is a defence for a person charged with an offence under this section to prove that they took all reasonable steps to avoid the commission of the offence.
(4) A person who commits an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.

## 9 Possession of snus etc with intent to supply {#section-9}

(1) It is an offence for a person to have a relevant oral tobacco product in their possession with intent to supply it to another in the course of business.
(2) In subsection (1) “relevant oral tobacco product” has the meaning given by section 7(2).
(3) A person who commits an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.

## 10 Sale of vaping or nicotine products to under 18s {#section-10}

(1) It is an offence to sell a vaping product or nicotine product to a person who is under the age of 18.
(2) It is a defence for a person charged with an offence under this section to prove—
(a) that they took such steps as may be specified in regulations made by the Secretary of State to verify that the customer was at least 18 years old, or
(b) that they otherwise took all reasonable steps to avoid the commission of the offence.
(3) Before making regulations under subsection (2)(a) the Secretary of State must obtain the consent of the Welsh Ministers if the regulations contain provision which would be within the legislative competence of Senedd Cymru if contained in an Act of the Senedd.
(4) Regulations under subsection (2)(a) are subject to the affirmative resolution procedure.
(5) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

## 11 Purchase of vaping or nicotine products on behalf of under 18s {#section-11}

(1) It is an offence for a person aged 18 or over to buy, or attempt to buy, a vaping product or nicotine product on behalf of a person who is under the age of 18.
(2) It is a defence for a person charged with an offence under this section to prove that they had no reason to suspect that the other person was under the age of 18.
(3) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

## 12 Vaping and nicotine product vending machines {#section-12}

(1) A person commits an offence if the person has the management or control of premises on which a vape vending machine or a nicotine product vending machine is available for use.
(2) But subsection (1) does not apply in relation to a vape vending machine made available for use in a mental health hospital if the machine is in an area that is intended wholly or mainly for inpatients.
(3) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(4) In this section—
“mental health hospital” means an institution (or part of an institution) maintained wholly or mainly for the reception and treatment of inpatients who—
are aged 18 or over, and
are suffering from mental disorder (within the meaning of the Mental Health Act 1983);
“nicotine product vending machine” means a machine—
from which nicotine products may be bought, or
from which they are dispensed to a customer in connection with a sale;
“vape vending machine” means a machine—
from which vaping products may be bought, or
from which they are dispensed to a customer in connection with a sale.

## 13 Displays of products or prices in England {#section-13}

(1) The Secretary of State may by regulations impose prohibitions, requirements or limitations on retailers in relation to—
(a) the display, in the course of business, of relevant products in a place in England where the products are offered for sale;
(b) the display, in the course of business, of empty retail packaging of relevant products in a place in England where the products are offered for sale;
(c) the display, in the course of business, of prices of relevant products in a place in England where the products are offered for sale.
(2) In subsection (1) “relevant products” means—
(a) tobacco products,
(b) tobacco related devices,
(c) herbal smoking products,
(d) cigarette papers,
(e) vaping products, or
(f) nicotine products.
(3) In subsection (1)(a) a reference to a product includes anything that represents the product and that is intended to be exchanged for it at the point of sale.
(4) Regulations under this section may create offences in relation to a failure to comply with the regulations.
(5) The regulations must provide for any offence to be triable either way and punishable—
(a) on summary conviction, by imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;
(b) on conviction on indictment, by imprisonment for a term not exceeding 2 years, or a fine, or both.
(6) Before making regulations under this section the Secretary of State must consult any persons the Secretary of State considers it appropriate to consult.
(7) Regulations under this section are subject to the affirmative resolution procedure.

## 14 Displays of products or prices in Wales {#section-14}

(1) The Welsh Ministers may by regulations impose prohibitions, requirements or limitations on retailers in relation to—
(a) the display, in the course of business, of relevant products in a place in Wales where the products are offered for sale;
(b) the display, in the course of business, of empty retail packaging of relevant products in a place in Wales where the products are offered for sale;
(c) the display, in the course of business, of prices of relevant products in a place in Wales where the products are offered for sale.
(2) In subsection (1) “relevant products” means—
(a) tobacco products,
(b) tobacco related devices,
(c) herbal smoking products,
(d) cigarette papers,
(e) vaping products, or
(f) nicotine products.
(3) In subsection (1)(a) a reference to a product includes anything that represents the product and that is intended to be exchanged for it at the point of sale.
(4) Regulations under this section may create offences in relation to a failure to comply with the regulations.
(5) The regulations must provide for any offence to be triable either way and punishable—
(a) on summary conviction, by imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;
(b) on conviction on indictment, by imprisonment for a term not exceeding 2 years, or a fine, or both.
(6) Before making regulations under this section the Welsh Ministers must consult any persons they consider it appropriate to consult.
(7) Regulations under this section are subject to the affirmative resolution procedure.

## 15 Free distribution and discount of products {#section-15}

(1) A person commits an offence if—
(a) the person—
(i) gives away a product or coupon to a member of the public or sells a product or coupon at a substantial discount, or
(ii) causes or permits that to happen, and
(b) either—
(i) their purpose in doing so is to promote a relevant product, or
(ii) the effect of their doing so will be to promote a relevant product and they know, or have reason to suspect, that will be the effect.
(2) In subsection (1) “relevant product” means—
(a) a tobacco product,
(b) a herbal smoking product,
(c) cigarette papers,
(d) a vaping product, or
(e) a nicotine product.
(3) Where a person is charged with an offence under this section of giving away a vaping product or nicotine product, or a coupon for such a product, it is a defence for the person to prove that the product or coupon was given away in accordance with arrangements made by a public authority.
(4) A person who commits an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.
(5) In this section “coupon” means anything (whether in physical or electronic form) which, by itself or together with something else, can be redeemed for a product or service or for cash or any other benefit.

## 16 Prohibition of retail sales of tobacco products etc in England without a licence {#section-16}

(1) An individual must not do any of the following things in England except under the authority of and in accordance with a personal licence—
(a) sell relevant products;
(b) expose relevant products for sale;
(c) possess relevant products for the purpose of their sale (by the individual or another person).
(2) A person must not use or permit the use of premises in England for any of the following things except under the authority of and in accordance with a premises licence—
(a) the storage of relevant products for the purpose of their sale (by the person or another person);
(b) the exposure of relevant products for sale;
(c) the supply of relevant products to retail customers.
(3) The Secretary of State may by regulations create exceptions to the prohibition in subsection (1) or (2).
(4) The Secretary of State must by regulations make provision for and in connection with the grant of personal licences and premises licences.
(5) Before making regulations under this section the Secretary of State making them must consult any persons that the Secretary of State considers it appropriate to consult.
(6) Schedule 1 makes further provision about regulations under subsection (4).
(7) Regulations under this section are subject to the affirmative resolution procedure.
(8) In this section—
“grant” includes variation or renewal;
“licensing authority” has the meaning given by paragraph 2 of Schedule 1;
“personal licence” means a licence that is granted by a licensing authority and authorises an individual to do the things mentioned in subsection (1)(a), (b) and (c);
“premises licence” means a licence that is granted by a licensing authority and authorises the use of premises by a person for the things mentioned in subsection (2)(a), (b) and (c);
“relevant products” means—
tobacco products;
herbal smoking products;
cigarette papers;
vaping products;
nicotine products;
“supply” includes despatch.

## 18 Financial penalties for breach of licence conditions: England {#section-18}

(1) A local weights and measures authority or relevant district council in England may impose a financial penalty on a person if satisfied that—
(a) the person has breached a condition attached to a personal licence or a premises licence, and
(b) the breach of that condition does not constitute an offence under section 17.
(2) The amount of the financial penalty must not exceed £2,500.
(3) The Secretary of State may by regulations amend the amount specified in subsection (2) for the purpose of reflecting inflation.
(4) Schedule 2 makes further provision about the imposition of financial penalties under this section.
(5) Regulations under this section are subject to the negative resolution procedure.
(6) In this section—
“personal licence” has the meaning given by section 16(8);
“premises licence” has the meaning given by section 16(8);
“relevant district council” means a district council that—
is specified as a licensing authority under paragraph 2 of Schedule 1, and
is not a local weights and measures authority.

## 19 Prohibition of retail sales of tobacco products etc in Wales without a licence {#section-19}

(1) An individual must not do any of the following things in Wales except under the authority of and in accordance with a personal licence—
(a) sell relevant products;
(b) expose relevant products for sale;
(c) possess relevant products for the purpose of their sale (by the individual or another person).
(2) A person must not use or permit the use of premises in Wales for any of the following things except under the authority of and in accordance with a premises licence—
(a) the storage of relevant products for the purpose of their sale (by the person or another person);
(b) the exposure of relevant products for sale;
(c) the supply of relevant products to retail customers.
(3) The Welsh Ministers may by regulations create exceptions to the prohibition in subsection (1) or (2).
(4) The Welsh Ministers must by regulations make provision for and in connection with the grant of personal licences and premises licences.
(5) Before making regulations under this section the Welsh Ministers must consult any persons that the Welsh Ministers consider it appropriate to consult.
(6) Schedule 3 makes further provision about regulations under subsection (4).
(7) Regulations under this section are subject to the affirmative resolution procedure.
(8) In this section—
“grant” includes variation or renewal;
“licensing authority”, in relation to the doing of things or the use of premises in a county or county borough in Wales, means the council of the county or county borough;
“personal licence” means a licence that is granted by a licensing authority and authorises an individual to do the things mentioned in subsection (1)(a), (b) and (c);
“premises licence” means a licence that is granted by a licensing authority and authorises the use of premises by a person for the things mentioned in subsection (2)(a), (b) and (c);
“relevant products” means—
tobacco products;
herbal smoking products;
cigarette papers;
vaping products;
nicotine products;
“supply” includes despatch.

## 21 Financial penalties for breach of licence conditions: Wales {#section-21}

(1) A local weights and measures authority in Wales may impose a financial penalty on a person if satisfied that—
(a) the person has breached a condition attached to a personal licence or a premises licence, and
(b) the breach of that condition does not constitute an offence under section 20.
(2) The amount of the financial penalty must not exceed £2,500.
(3) The Welsh Ministers may by regulations amend the amount specified in subsection (2) for the purpose of reflecting inflation.
(4) Schedule 4 makes further provision about the imposition of financial penalties under this section.
(5) Regulations under this section are subject to the negative resolution procedure.
(6) In this section “personal licence” and “premises licence” have the meaning given by section 19(8).

## 23 Restricted premises orders {#section-23}

(1) Where a person convicted of a relevant offence is a persistent offender, the person who brought the proceedings for the offence may by complaint to a magistrates’ court apply for a restricted premises order to be made in respect of the premises in relation to which the offence was committed (“the relevant premises”).
(2) A magistrates’ court may make the restricted premises order only if satisfied that the applicant has complied with section 24(1) (notice to interested persons).
(3) A “restricted premises order” is an order prohibiting the sale on the relevant premises of any one or more of the following—
(a) tobacco products;
(b) herbal smoking products;
(c) cigarette papers;
(d) vaping products;
(e) nicotine products.
(4) The prohibition imposed by a restricted premises order applies to sales whether made by the offender or any other person.
(5) A restricted premises order has effect for the period specified in the order, which may not exceed one year.
(6) A restricted premises order is a local land charge and in respect of that charge the applicant for the order is the originating authority for the purposes of the Local Land Charges Act 1975.
(7) A person convicted of a relevant offence is a “persistent offender” for the purposes of this section if, on at least two other occasions within the period of two years ending with the date of the offence, the person committed a relevant offence in relation to the relevant premises.
(8) In this section “relevant offence” means—
(a) an offence under any of the following provisions of this Part—
(i) section 1 (sale of tobacco etc to people born on or after 1 January 2009);
(ii) section 3 (tobacco vending machines);
(iii) section 10 (sale of vaping or nicotine products to under 18s);
(iv) section 12 (vaping and nicotine product vending machines);
(b) an offence under any of the following (which are repealed by this Act)—
(i) section 7 of the Children and Young Persons Act 1933 (sale of tobacco, etc., to under 18s);
(ii) section 3A of the Children and Young Persons (Protection from Tobacco) Act 1991 (tobacco vending machines);
(iii) section 92 of the Children and Families Act 2014 (sale of nicotine products to under 18s).

## 24 Restricted premises orders: interested persons {#section-24}

(1) An applicant for a restricted premises order must, after making reasonable enquiries, give notice of the application to anyone appearing to the applicant to be an interested person.
(2) An interested person may make representations to the court as to why the order should not be made.
(3) If a restricted premises order is made without an interested person having been given a notice under subsection (1), and without them having made representations to the court, the person may by complaint apply to the court for an order varying or discharging the restricted premises order.
(4) On an application under subsection (3) the court may, after hearing the interested person and the applicant for the restricted premises order, make such order varying or discharging the restricted premises order as it considers appropriate.
(5) In this section “interested person”, in relation to an application for a restricted premises order, means—
(a) the occupier of the premises, and
(b) any other person who has an interest in the premises.

## 25 Restricted premises orders: appeals {#section-25}

An appeal against an order made under section 23 or 24 may be brought to the Crown Court.

## 26 Breach of restricted premises orders {#section-26}

(1) A person commits an offence if the person—
(a) sells anything in breach of a restricted premises order, and
(b) knows, or ought reasonably to know, that the sale is in breach of the order.
(2) It is a defence for a person charged with an offence under this section to prove that the person took all reasonable steps to avoid the commission of the offence.
(3) A person who commits an offence under this section is liable on summary conviction to a fine.

## 27 Power to extend restricted premises orders in Wales {#section-27}

(1) The Welsh Ministers may by regulations amend section 23 so as to add an offence to the definition of “relevant offence” where that offence is committed on premises in Wales.
(2) Regulations may be made under subsection (1) only if the additional offence relates to tobacco products, herbal smoking products, cigarette papers, vaping products or nicotine products.
(3) Before making regulations under this section the Welsh Ministers must consult any persons that they consider it appropriate to consult.
(4) Regulations under this section are subject to the affirmative resolution procedure.

## 28 Restricted sale orders {#section-28}

(1) Where a person convicted of a relevant offence is a persistent offender, the person who brought the proceedings for the offence may by complaint to a magistrates’ court apply for a restricted sale order against the offender.
(2) A “restricted sale order” is an order prohibiting the offender—
(a) from selling any one or more of the following—
(i) tobacco products,
(ii) herbal smoking products,
(iii) cigarette papers,
(iv) vaping products,
(v) nicotine products;
(b) from having any management functions in respect of any premises in so far as those functions relate to the sale of anything listed in paragraph (a)(i) to (v).
(3) A restricted sale order has effect for the period specified in the order, which may not exceed one year.
(4) A person convicted of a relevant offence is a “persistent offender” for the purposes of this section if, on at least two other occasions within the period of two years ending with the date of the offence, the person committed a relevant offence.
(5) In this section “relevant offence” means—
(a) an offence under any of the following provisions of this Part—
(i) section 1 (sale of tobacco etc to people born on or after 1 January 2009);
(ii) section 3 (tobacco vending machines);
(iii) section 10 (sale of vaping or nicotine products to under 18s);
(iv) section 12 (vaping and nicotine product vending machines);
(b) an offence under any of the following (which are repealed by this Act)—
(i) section 7 of the Children and Young Persons Act 1933 (sale of tobacco, etc., to under 18s);
(ii) section 3A of the Children and Young Persons (Protection from Tobacco) Act 1991 (tobacco vending machines);
(iii) section 92 of the Children and Families Act 2014 (sale of nicotine products to under 18s).

## 29 Restricted sale orders: appeals {#section-29}

An appeal against an order made under section 28 may be brought to the Crown Court.

## 30 Breach of restricted sale orders {#section-30}

(1) A person who fails to comply with a restricted sale order commits an offence.
(2) It is a defence for a person charged with an offence under this section to prove that the person took all reasonable steps to avoid the commission of the offence.
(3) A person who commits an offence under this section is liable on summary conviction to a fine.

## 31 Liability of others for certain offences committed by bodies {#section-31}

(1) Where an offence under section 26 is committed by a body and the offence is committed with the consent or connivance of a relevant person in relation to the body, or a person purporting to act in the capacity of a relevant person in relation to the body, the person (as well as the body) commits the offence and is liable to be proceeded against and punished accordingly.
(2) Where any other offence under this Part, or under any regulations under section 13 or 14—
(a) is committed with the consent or connivance of a relevant person in relation to the body, or a person purporting to act in the capacity of a relevant person in relation to the body, or
(b) is attributable to neglect on the part of such a person,
the person (as well as the body) commits the offence and is liable to be proceeded against and punished accordingly.
(3) In this section—
“body” means—
a body corporate,
a partnership, or
an unincorporated association;
“relevant person” means—
in relation to a body corporate other than one whose affairs are managed by its members, a director, manager, secretary or other similar officer of the body;
in relation to a limited liability partnership or other body corporate whose affairs are managed by its members, a member who exercises functions of management with respect to it;
in relation to a limited partnership, a general partner (within the meaning given by section 3 of the Limited Partnerships Act 1907);
in relation to any other partnership, a partner;
in relation to an unincorporated association, a person who exercises functions of management with respect to it.

## 32 Enforcement authorities {#section-32}

(1) It is the duty of each relevant enforcement authority in England and local weights and measures authority in Wales to enforce within its area the provisions of this Part and any regulations under section 13 or 14.
(2) In this Part “relevant enforcement authority in England” means—
(a) a local weights and measures authority in England, and
(b) in relation to the enforcement of sections 16 to 18 (retail licensing: England), in addition, any district council in England that—
(i) is specified as a licensing authority under paragraph 2 of Schedule 1, and
(ii) is not a local weights and measures authority.
(3) In Schedule 5 to the Consumer Rights Act 2015 (investigatory powers), in paragraph 10 (enforcer’s legislation), at the appropriate place (according to date of enactment) insert—
section 32 of the Tobacco and Vapes Act 2026.

## 33 Programme of enforcement action: England {#section-33}

(1) Each relevant enforcement authority in England must, at least once a year, consider—
(a) whether it is appropriate to carry out a programme of enforcement action in its area, and
(b) if so, what that programme should involve.
(2) In subsection (1) “programme of enforcement action” means a programme involving one or more of the following—
(a) the investigation of complaints in respect of an alleged offence under this Part or any regulations under section 13;
(b) the bringing of prosecutions in respect of such an offence;
(c) the taking of other measures intended to reduce the incidence of such offences.

## 34 Programme of enforcement action: Wales {#section-34}

(1) Each local weights and measures authority in Wales must, at least once a year, consider—
(a) whether it is appropriate to carry out a programme of enforcement action in its area, and
(b) if so, what that programme should involve.
(2) In subsection (1) “programme of enforcement action” means a programme involving one or more of the following—
(a) the investigation of complaints in respect of an alleged offence that is a listed offence;
(b) the bringing of prosecutions in respect of a listed offence;
(c) the taking of other measures intended to reduce the incidence of listed offences.
(3) In this section “listed offence” means—
(a) an offence under any provision of this Part or regulations under section 14, or
(b) an offence under either of the following provisions of the Public Health (Wales) Act 2017 (anaw 2)—
section 51A (offence of handing over tobacco etc. to people born on or after 1 January 2009);
section 52 (offence of handing over vaping or nicotine products to under 18s).

## 35 Power of ministers to take over enforcement functions {#section-35}

(1) The Secretary of State may direct that, in relation to cases of a particular description or a particular case, the duty imposed by section 32(1) on a relevant enforcement authority in England is to be discharged by the Secretary of State and not by the authority.
(2) The Welsh Ministers may direct that, in relation to cases of a particular description or a particular case, the duty imposed by section 32(1) on a local weights and measures authority in Wales is to be discharged by the Welsh Ministers and not by the authority.

## 36 Power of ministers to take over proceedings {#section-36}

(1) The Secretary of State may take over the conduct of any proceedings from a relevant enforcement authority in England in respect of an offence committed under this Part or any regulations under section 13.
(2) The Welsh Ministers may take over the conduct of any proceedings from a local weights and measures authority in Wales in respect of an offence committed under this Part or any regulations under section 14.

## 37 Fixed penalty notices: England {#section-37}

(1) A relevant enforcement authority in England that has reason to believe that a person has committed an offence under, or under regulations made under, any of the following may give the person a fixed penalty notice in respect of the offence—
section 1 (sale of tobacco etc to people born on or after 1 January 2009);
section 2 (purchase of tobacco etc on behalf of others);
section 5 (age of sale notice at point of sale: England);
section 10 (sale of vaping or nicotine products to under 18s);
section 11 (purchase of vaping or nicotine products on behalf of under 18s);
section 13 (displays of products or prices in England);
section 15 (free distribution and discount of products);
section 17 (offences in connection with retail licences: England).
(2) A fixed penalty notice is a notice offering a person the opportunity to discharge any liability to conviction for the offence to which the notice relates by payment of an amount specified in the notice within the relevant period.
(3) The amount specified in a fixed penalty notice in respect of an offence under section 17 must be an amount equal to level 4 on the standard scale of fines for summary offences.
(4) The amount specified in a fixed penalty notice in respect of any other offence must be £200.
(5) For the purposes of this section “the relevant period” is the period of 28 days beginning with the day on which the fixed penalty notice is given.
(6) A fixed penalty notice must explain—
(a) that the relevant enforcement authority in England has reason to believe that the person has committed the offence, and why,
(b) the effect of subsection (7), and
(c) when and how payment may be made.
(7) Where a fixed penalty notice has been given to a person (and has not been withdrawn)—
(a) no proceedings may be instituted for the offence before the end of the relevant period, and
(b) the person may not be convicted of the offence if the person pays—
(i) the full amount of the fixed penalty in the notice before the end of the relevant period, or
(ii) 50% of that amount before the end of the period of 14 days beginning with the day on which the relevant period starts.
(8) Where proceedings are instituted for the offence after the end of the relevant period, that period is to be disregarded for the purposes of calculating the period mentioned in section 127(1) of the Magistrates’ Courts Act 1980.
(9) A fixed penalty notice given under this section may be withdrawn by the relevant enforcement authority in England that gave it at any time before a payment is made in pursuance of the notice.

## 38 Fixed penalties in England: use of proceeds {#section-38}

(1) Any sums received by a relevant enforcement authority in England in pursuance of a fixed penalty notice must be used in connection with any functions they have under or under regulations made under—
(a) this Act;
(b) Part 1 of the Health Act 2006;
(c) the Tobacco and Related Products Regulations 2016 (S.I. 2016/507).
(2) In this section “fixed penalty notice” means a fixed penalty notice given under section 37.

## 39 Power to change amount of fixed penalties: England {#section-39}

(1) The Secretary of State may by regulations amend section 37 in relation to the giving of fixed penalty notices in respect of any offence other than an offence under section 17 so as to—
(a) change the amount which must be specified in notices, or
(b) change the percentage discount for early payment.
(2) The amount mentioned in subsection (1)(a) must not be changed to an amount that exceeds level 3 on the standard scale of fines for summary offences.
(3) Regulations under this section are subject to the affirmative resolution procedure.

## 40 Fixed penalty notices: Wales {#section-40}

(1) A local weights and measures authority in Wales that has reason to believe that a person has committed an offence under, or under regulations made under, any of the following may give the person a fixed penalty notice in respect of the offence—
section 1 (sale of tobacco etc to people born on or after 1 January 2009);
section 2 (purchase of tobacco etc on behalf of others);
section 6 (age of sale notice at point of sale: Wales);
section 10 (sale of vaping or nicotine products to under 18s);
section 11 (purchase of vaping or nicotine products on behalf of under 18s);
section 14 (displays of products or prices in Wales);
section 15 (free distribution and discount of products);
section 20 (offences in connection with retail licences: Wales).
(2) A fixed penalty notice is a notice offering a person the opportunity to discharge any liability to conviction for the offence to which the notice relates by payment of an amount specified in the notice within the relevant period.
(3) The amount specified in a fixed penalty notice in respect of an offence under section 20 must be an amount equal to level 4 on the standard scale of fines for summary offences.
(4) The amount specified in a fixed penalty notice in respect of any other offence must be £200.
(5) For the purposes of this section “the relevant period” is the period of 28 days beginning with the day on which the fixed penalty notice is given.
(6) A fixed penalty notice must explain—
(a) that the local weights and measures authority has reason to believe that the person has committed the offence, and why,
(b) the effect of subsection (7), and
(c) when and how payment may be made.
(7) Where a fixed penalty notice has been given to a person (and has not been withdrawn)—
(a) no proceedings may be instituted for the offence before the end of the relevant period, and
(b) the person may not be convicted of the offence if the person pays—
(i) the full amount of the fixed penalty in the notice before the end of the relevant period, or
(ii) 50% of that amount before the end of the period of 14 days beginning with the day on which the relevant period starts.
(8) Where proceedings are instituted for the offence after the end of the relevant period, that period is to be disregarded for the purposes of calculating the period mentioned in section 127(1) of the Magistrates’ Courts Act 1980.
(9) A fixed penalty notice given under this section may be withdrawn by the local weights and measures authority that gave it at any time before a payment is made in pursuance of the notice.

## 41 Fixed penalties in Wales: use of proceeds {#section-41}

(1) Any sums received by a local weights and measures authority in Wales in pursuance of a fixed penalty notice must be used in connection with their functions under or under regulations made under—
(a) this Act;
(b) the Tobacco and Related Products Regulations 2016 (S.I. 2016/507);
(c) Part 3 of the Public Health (Wales) Act 2017.
(2) In this section “fixed penalty notice” means a fixed penalty notice given under section 40.

## 42 Power to change amount of fixed penalties: Wales {#section-42}

(1) The Welsh Ministers may by regulations amend section 40 in relation to the giving of fixed penalty notices in respect of any offence other than an offence under section 20 so as to—
(a) change the amount which must be specified in notices, or
(b) change the percentage discount for early payment.
(2) The amount mentioned in subsection (1)(a) must not be changed to an amount that exceeds level 3 on the standard scale of fines for summary offences.
(3) Regulations under this section are subject to the affirmative resolution procedure.

## 43 Handing over tobacco etc to underage people in Wales {#section-43}

Schedule 5 contains amendments to Chapter 4 of Part 3 of the Public Health (Wales) Act 2017 (anaw 2) (handing over tobacco, cigarettes and nicotine products to persons under 18), including—
(a) amendments extending that Chapter to all vaping products,
(b) amendments conferring a power to extend the products to which that Chapter applies, and
(c) amendments that are consequential on this Part.

## 44 Consequential amendments to do with Part 1 {#section-44}

(1) See Schedule 6 for consequential amendments coming into force at the end of the period of 6 months beginning with the day on which this Act is passed.
(2) See Schedule 7 for consequential amendments coming into force on 1 January 2027.

## 45 Application of programmes of enforcement to old age of sale offences {#section-45}

Sections 33 and 34 have effect in relation to times before 1 January 2027 as if subsection (2) of each of those sections included a reference to—
(a) an offence under section 7 of the Children and Young Persons Act 1933 (sale of tobacco, etc. to under 18s);
(b) an offence under section 4 of the Children and Young Persons (Protection from Tobacco) Act 1991 (age of sale notices).

## 46 Application of fixed penalty regime to old age of sale offences {#section-46}

(1) Sections 37 and 40 have effect in relation to times before 1 January 2027 as if subsection (1) of each of those sections included a reference to—
(a) section 7 of the Children and Young Persons Act 1933 (sale of tobacco, etc. to persons under eighteen);
(b) section 91 of the Children and Families Act 2014 (purchase of tobacco etc. on behalf of under 18s).
(2) Sections 38 and 41 have effect in relation to times before 1 January 2027 as if they included a reference to section 91 of the Children and Families Act 2014 (purchase of tobacco etc. on behalf of under 18s).

## 47 Transitional provision: general {#section-47}

(1) In relation to times before 1 January 2027—
(a) sections 23(8), 28(5), 37(1) and 40(1) have effect as if they did not include a reference to section 1, 2, 5 or 6;
(b) a reference in section 31(2), 32(1), 33(2), 34(3) or 36(1) or (2) to “this Part” does not include a reference to section 1, 2, 5 or 6.
(2) In relation to times before section 17 comes into force, section 37(1) and (3) have effect as if those provisions did not include a reference to that section.
(3) In relation to times before section 20 comes into force, section 40(1) and (3) have effect as if those provisions did not include a reference to that section.
(4) In relation to times before section 51A of the Public Health (Wales) Act 2017 (anaw 2) comes into force, section 34(3) has effect as if it did not include a reference to that section.
(5) In relation to times before section 52 of the Public Health (Wales) Act 2017 (anaw 2) comes into force, section 34(3) has effect as if it did not include a reference to that section.
(6) In relation to times before the repeal by this Act of the Tobacco Advertising and Promotion Act 2002 comes fully into force (see Schedule 21 to this Act), sections 38 and 41 have effect as if they each included a reference to that Act.

## 48 Power to extend Part 1 to other products {#section-48}

(1) The Secretary of State may by regulations amend this Part for the purpose of extending any provision that applies in relation to a tobacco product to—
(a) a filter that does not form part of a tobacco product or herbal smoking product;
(b) a tobacco related device.
(2) The Secretary of State may by regulations amend this Part for the purpose of extending to filters any provision made by sections 7 to 9 in relation to a relevant oral tobacco product.
(3) Before making regulations under this section the Secretary of State must consult any persons the Secretary of State considers it appropriate to consult.
(4) Before making regulations under this section the Secretary of State must obtain the consent of the Welsh Ministers if the regulations contain provision which would be within the legislative competence of Senedd Cymru if contained in an Act of the Senedd.
(5) Regulations under this section are subject to the affirmative resolution procedure.

## 49 Crown application {#section-49}

(1) This Part and regulations made under it bind the Crown.
(2) Nothing in this Part or regulations made under it makes the Crown criminally liable.
(3) The High Court may declare unlawful any act or omission for which the Crown would be criminally liable if it were not for subsection (2).
(4) Subsection (2) does not affect the criminal liability of persons in the service of the Crown.

## 50 Interpretation of Part 1 {#section-50}

In this Part—
“cigarette papers” includes anything intended to be used for encasing tobacco products or herbal smoking products for the purpose of enabling them to be smoked;
“filter” means a filter that is intended to be used when smoking a tobacco product or herbal smoking product (including a filter that forms part of, or that is intended to be inserted into, an item such as a cigarette holder or pipe);
“herbal smoking product” means a product consisting wholly or partly of vegetable matter and intended to be smoked but not containing tobacco;
“medical device” has the meaning given by the Medical Devices Regulations 2002 (S.I. 2002/618);
“medicinal product” has the meaning given by the Human Medicines Regulations 2012 (S.I. 2012/1916);
“nicotine product” has the meaning given by section 51;
“premises” means any place (including a vehicle or moveable structure);
“relevant enforcement authority in England” has the meaning given by section 32(2);
“retail packaging”, in relation to a product, means the packaging in which it is, or is intended to be, presented for sale by retail;
“sell” means sell by retail;
“tobacco product” means a product consisting wholly or partly of tobacco and intended to be smoked, sniffed, sucked, chewed or consumed in any other way;
“tobacco related device” means—
a device, other than a vape, which enables a tobacco product to be consumed (for example, a heated tobacco device or pipe), or
an item which is intended to form part of such a device;
“tobacco retailer” means a person who carries on a business involving the sale of tobacco products by retail;
“vape” means—
a device which—
vaporises substances, other than tobacco, for the purpose of inhalation through a mouthpiece (whether or not it also vaporises tobacco), and
is not a medical device or a medicinal product, or
an item which is intended to form part of a device within paragraph (a) (including anything intended to be attached to it with a view to imparting flavour);
“vaping product” means—
a vape, or
a vaping substance;
“vaping substance” means a substance, other than tobacco, that is intended to be vaporised by a vape;
“vaporises” includes aerosolises (and “vaporised” is to be construed accordingly);
“vehicle” means every type of vehicle, including a vessel, aircraft and hovercraft.

## 51 Meaning of “nicotine product” {#section-51}

(1) In this Part “nicotine product” means—
(a) a device which is intended to enable nicotine to be delivered into the human body,
(b) an item which is intended to form part of a device within paragraph (a),
(c) nicotine, or any substance containing nicotine, which is intended to be delivered into the human body, or
(d) an item containing anything within paragraph (c).
(2) But the following are not “nicotine products” for the purposes of this section—
(a) a tobacco product;
(b) a herbal smoking product;
(c) cigarette papers;
(d) any device which is intended to be used for the consumption of tobacco products or herbal smoking products;
(e) a vaping product;
(f) a medical device;
(g) a medicinal product.

## 53 Sale of unpackaged cigarettes {#section-53}

(1) The Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) is amended as follows.
(2) After section 4D insert—
Sale of unpackaged cigarettes
4E (1) A person who sells cigarettes that are not in their original packaging commits an offence.
(2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3) In this section—
“original packaging” means the retail packaging in which the cigarettes were supplied to the person for the purpose of sale;
“sell” means sell by retail.
(3) In section 35(1), at the appropriate place insert—
“retail packaging”, in relation to a product, means the packaging in which it is, or is intended to be, presented for sale by retail;
.

## 54 Repeal of offence of purchasing tobacco products by under 18s {#section-54}

(1) The Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) is amended as follows.
(2) Omit section 5 (purchase of tobacco products by people under 18).
(3) In section 33 (presumption as to contents of container), in subsection (1) omit “, 5”.

## 55 Repeal of power to confiscate tobacco products from persons under 18 {#section-55}

Omit section 7 of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) (confiscation of tobacco products from people under 18).

## 56 Extension of tobacco legislation to herbal smoking products {#section-56}

(1) The Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) is amended as follows.
(2) In section 4 (sale of tobacco products to persons under 18), in subsection (1), after “tobacco product” insert “, herbal smoking product”.
(3) In section 4C (sale of tobacco etc by persons under 18), in subsection (1), after “tobacco product” insert “, herbal smoking product”.
(4) In section 6 (purchase of tobacco products on behalf of persons under 18), in subsection (1), after “tobacco product” insert “, herbal smoking product”.
(5) In section 35 (interpretation), in subsection (1), at the appropriate place insert—
“herbal smoking product” means a product consisting wholly or partly of vegetable matter and intended to be smoked but not containing tobacco,
.

## 57 Power to make provision about warning statements {#section-57}

(1) In section 8 of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) (display of warning statements), for subsection (5) substitute—
(5) The notice must comply with any requirements set out in regulations made by the Scottish Ministers as to the size or appearance of—
(a) the statement on the notice to be displayed in accordance with this section, or
(b) any other aspect of the notice.
(2) For the italic heading before section 7 of that Act substitute “Age of sale notices”.

## 58 Ban on manufacture of snus etc {#section-58}

After section 9 of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) insert—
Snus etc
Ban on manufacture of snus etc
9A (1) It is an offence to manufacture a relevant oral tobacco product.
(2) In subsection (1) “relevant oral tobacco product” means a tobacco product that—
(a) is intended for oral use,
(b) is not intended to be inhaled or chewed, and
(c) consists wholly or partly of tobacco in powder or particulate form.
(3) A person guilty of an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.

## 59 Ban on sales of snus etc {#section-59}

After section 9A of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) (inserted by section 58 of this Act) insert—
Ban on sales of snus etc
9B (1) It is an offence to—
(a) sell a relevant oral tobacco product, or
(b) offer or expose a relevant oral tobacco product for sale.
(2) In subsection (1) “relevant oral tobacco product” has the meaning given by section 9A(2).
(3) It is a defence for a person charged with an offence under this section to prove that they took all reasonable steps to avoid the commission of the offence.
(4) A person guilty of an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.

## 60 Possession of snus etc with intent to supply {#section-60}

(1) After section 9B of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) (inserted by section 59 of this Act) insert—
Possession of snus etc with intent to supply
9C (1) It is an offence for a person to have a relevant oral tobacco product in their possession with intent to supply it to another in the course of business.
(2) In subsection (1) “relevant oral tobacco product” has the meaning given by section 9A(2).
(3) A person guilty of an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.

## 61 Extension of offences to vaping and nicotine products {#section-61}

(1) The Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) is amended in accordance with subsections (2) to (7).
(2) In the italic heading before section 4, for “and nicotine vapour” substitute “, vaping and nicotine”.
(3) In section 4A (sale of nicotine vapour products to persons under 18)—
(a) in subsection (1), for “nicotine vapour” substitute “vaping product or nicotine”;
(b) in the heading, for “nicotine vapour” substitute “vaping and nicotine”.
(4) In section 4B (age verification policy)—
(a) in subsection (1)(a) and (b), for “tobacco or nicotine vapour product business” substitute “relevant business”;
(b) after subsection (1) insert—
(1A) In this section “relevant business” means a business which involves the sale of one or more of the following by retail—
(a) tobacco products;
(b) herbal smoking products;
(c) vaping products;
(d) nicotine products.
;
(c) for subsection (2) substitute—
(2) Subsection (1) does not apply in relation to premises from which—
(a) a product mentioned in subsection (1A) or cigarette papers are, in pursuance of a sale, despatched for delivery to different premises, and
(b) no other relevant business is carried on.
;
(d) in subsection (3)—
(i) for “tobacco product, cigarette papers or a nicotine vapour product” substitute “product mentioned in subsection (1A) or cigarette papers”;
(ii) for “the tobacco product, cigarette papers or nicotine vapour product” substitute “the product”;
(e) in subsection (5)(b) and (c), for “tobacco product, cigarette papers or a nicotine vapour product” substitute “product mentioned in subsection (1A) or cigarette papers”;
(f) in subsection (6), for “tobacco or nicotine vapour product business” substitute “relevant business”.
(5) In section 4C (sale of tobacco or nicotine vapour products by persons under 18)—
(a) in subsection (1), for “or a nicotine vapour” substitute “, a vaping product or a nicotine”;
(b) in the heading, for “or nicotine vapour” substitute “, vaping or nicotine”.
(6) In section 6A (purchase of nicotine vapour products on behalf of persons under 18)—
(a) in subsection (1), for “nicotine vapour” substitute “vaping or nicotine”;
(b) in the heading for “nicotine vapour” substitute “vaping or nicotine”.
(7) For section 9 substitute—
Vending machines
Prohibited vending machines
9 (1) A person who has the management or control of premises on which a prohibited vending machine is available for use commits an offence.
(2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(3) In this section, “prohibited vending machine” means a machine from which any of the following products may be bought or from which they are dispensed to a customer in connection with a sale—
(a) tobacco products;
(b) herbal smoking products;
(c) cigarette papers;
(d) vaping products;
(e) nicotine products.
(8) In the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14) omit section 7 (power to extend vending machine prohibition).

## 62 Meaning of “nicotine product” {#section-62}

Before section 36 of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) insert—
Meaning of “nicotine product” in this Part
35B (1) In this Part, a “nicotine product” is—
(a) a device which is intended to enable nicotine to be delivered into the human body,
(b) an item which is intended to form part of a device within paragraph (a),
(c) nicotine, or any substance containing nicotine, which is intended to be delivered into the human body, or
(d) an item containing anything within paragraph (c).
(2) But the following are not nicotine products—
(a) a tobacco product;
(b) a smoking related product;
(c) a herbal smoking product;
(d) any device which is intended to be used for the consumption of tobacco products or herbal smoking products;
(e) a vaping product;
(f) a medicinal product;
(g) a medical device.

## 63 Age verification in relation to tobacco and vaping products etc {#section-63}

(1) The Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) is amended as follows.
(2) In section 4 (age restrictions on sale of tobacco products etc)—
(a) in subsection (2), for paragraph (b) substitute—
(b) the accused had taken such steps as may be prescribed to establish the customer’s age.
;
(b) omit subsections (3) and (4).
(3) In section 4A (age restrictions on sale of vaping products etc)—
(a) in subsection (2), for paragraph (b) substitute—
(b) the accused had taken such steps as may be prescribed to establish the customer’s age.
;
(b) omit subsections (3) and (4).
(4) In section 4B (age verification policy), in subsection (5) omit paragraph (b).

## 64 Displays of vaping and nicotine products {#section-64}

(1) The Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) is amended as follows.
(2) After section 3 insert—
Display of products or prices
3A (1) The Scottish Ministers may by regulations impose prohibitions, requirements or limitations on retailers in relation to—
(a) the display, in the course of business, of relevant products in a place where those products are offered for sale;
(b) the display, in the course of business, of empty retail packaging of relevant products in a place where those products are offered for sale;
(c) the display, in the course of business, of prices of relevant products in a place where those products are offered for sale.
(2) In subsection (1) “relevant products” means—
(a) herbal smoking products,
(b) vaping products, or
(c) nicotine products.
(3) In subsection (1)(a) a reference to a product includes anything that represents the product and that is intended to be exchanged for it at the point of sale.
(4) Regulations under this section may create offences in relation to a failure to comply with the regulations.
(5) The regulations must provide for any offence to be triable summarily and punishable with a fine not exceeding level 4 on the standard scale.
(6) For the purposes of subsection (1), a website is not a place.
(7) Before making regulations under this section the Scottish Ministers must consult any persons they consider it appropriate to consult.
(3) In each of the following provisions after “Chapter 1 or 2” insert “or any regulations made under those Chapters”—
section 15(3)(d) and (4)(b);
section 16(3)(a);
section 26(2)(a);
section 27(1);
section 32(1) and (4).
(4) In section 26(2)(b), after “Chapters” insert “or any regulations made under those Chapters”.
(5) In section 33 (presumption as to contents of container), in subsection (1), at the end insert “or under regulations made under section 3A”.
(6) In section 34 (offences by bodies corporate etc), in subsection (1)(a), after “this Act” insert “or regulations made under it”.
(7) In section 40 (orders and regulations), in subsection (4), at the appropriate place insert—
section 3A(1)
.

## 65 Free distribution and discount of products {#section-65}

(1) In the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3), after section 8 insert—
Free distribution etc
Free distribution and discount of products
8A (1) A person commits an offence if—
(a) the person—
(i) gives away a product or coupon to a member of the public or sells by retail a product or coupon at a substantial discount, or
(ii) causes or permits that to happen, and
(b) either—
(i) their purpose in doing so is to promote a relevant product, or
(ii) the effect of their doing so will be to promote a relevant product and they know, or have reason to suspect, that will be the effect.
(2) In subsection (1) “relevant product” means—
(a) a tobacco product,
(b) a herbal smoking product,
(c) a smoking related product,
(d) a vaping product, or
(e) a nicotine product.
(3) A person who commits an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.
(4) In this section “coupon” means anything (whether in physical or electronic form) which, by itself or together with something else, can be redeemed for a product or service or for cash or any other benefit.
Free distribution of products: defences
8B (1) Where a person is charged with an offence under section 8A of giving away a vaping product or nicotine product, or a coupon for such a product, it is a defence for the person to prove that the product or coupon was given away in accordance with arrangements made by a public authority.
(2) The Scottish Ministers may by regulations create further defences to the offence under section 8A of giving away a vaping product or nicotine product or a coupon for such a product.
(3) Regulations under this section may amend this Part.
(2) In section 40 of that Act (orders and regulations), in subsection (4), at the appropriate place insert—
section 8B
.
(3) In the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 omit section 18.

## 66 Alignment of definition of “filter” etc {#section-66}

(1) Section 35 of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) (interpretation of Part 1) is amended as follows.
(2) In subsection (1), at the appropriate place insert—
“filter” means a filter that is intended to be used when smoking a tobacco product or herbal smoking product (including a filter that forms part of, or that is intended to be inserted into, an item such as a cigarette holder or pipe);
.
(3) In subsection (2), for “cigarette filters” substitute “filters that do not form part of a tobacco product or herbal smoking product”.
(4) In subsection (3), after “order” insert “amend this section so as to”.

## 67 Alignment of definition of “tobacco product” {#section-67}

In the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3), in section 35 (interpretation of Part 1), in subsection (1), for the definition of “tobacco product” substitute—
“tobacco product” means a product consisting wholly or partly of tobacco and intended to be smoked, sniffed, sucked, chewed or consumed in any other way,
.

## 68 Alignment of definition of “vaping product” {#section-68}

Schedule 8 contains provision for the purposes of aligning the definition of “vaping product” in the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) with that used elsewhere in this Act.

## 69 Extension of retailer register etc {#section-69}

Schedule 9 contains amendments to the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) for the purposes of extending Chapter 2 of Part 1 of that Act (register of tobacco and nicotine vapour product retailers) so that it applies in relation to herbal smoking products and nicotine products.

## 70 Crown application of 2010 Act {#section-70}

In section 36 of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) (Crown application), in subsection (3), after “on the application” insert “of the Scottish Ministers or”.

## 71 Power to extend 2010 Act to other products {#section-71}

(1) The Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) is amended as follows.
(2) After section 34 insert—
Power to extend this Part to other products
34A (1) The Scottish Ministers may by regulations amend this Part for the purpose of extending any provision that applies in relation to a tobacco product to—
(a) a device of a specified description which enables a tobacco product to be consumed otherwise than by being smoked (for example, a heated tobacco device);
(b) an item which is intended to form part of such a device.
(2) Before making regulations under this section the Scottish Ministers must consult any persons they consider it appropriate to consult.
(3) The Scottish Ministers may by regulations amend this Part for the purpose of extending any provision that applies in relation to a tobacco product to—
(a) some or all smoking related products;
(b) if not falling within paragraph (a), a filter that does not form part of a tobacco product or herbal smoking product.
(4) The Scottish Ministers may by regulations amend this Part for the purpose of extending to filters any provision made by sections 9A to 9C in relation to a relevant oral tobacco product.
(3) In section 40 (orders and regulations), in subsection (4), at the appropriate place insert—
section 34A
.

## 72 Age of sale for tobacco products etc {#section-72}

For Article 3 of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) substitute—
Sale of tobacco etc
3 (1) It is an offence to sell any of the following to a person born on or after 1 January 2009—
(a) a tobacco product;
(b) a herbal smoking product;
(c) cigarette papers.
(2) It is a defence for a person charged with an offence under this Article to prove—
(a) that they took such steps as may be specified in regulations made by the Department to verify that the customer was born before 1 January 2009, or
(b) that they otherwise took all reasonable steps to avoid the commission of the offence.
(3) Regulations may not be made by the Department under paragraph (2)(a) unless a draft of the regulations has been laid before and approved by a resolution of the Assembly.
(4) A person guilty of an offence under this Article is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

## 74 Tobacco vending machines {#section-74}

After Article 4A of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section 73 of this Act) insert—
Tobacco vending machines
4B (1) A person commits an offence if the person has the management or control of premises on which a tobacco vending machine is available for use.
(2) A person guilty of an offence under this Article is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(3) In this Article “tobacco vending machine” means a machine from which any of the following products may be bought or from which they are dispensed to a customer in connection with a sale—
(a) tobacco products,
(b) herbal smoking products, or
(c) cigarette papers.

## 75 Sale of unpackaged cigarettes {#section-75}

After Article 4B of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section 74 of this Act) insert—
Sale of unpackaged cigarettes
4C (1) It is an offence for a tobacco retailer to sell cigarettes that are not in their original packaging.
(2) A person guilty of an offence under this Article is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3) In this Article “original packaging” means the retail packaging in which the cigarettes were supplied to the tobacco retailer for the purpose of sale.

## 76 Age of sale notice at point of sale {#section-76}

After Article 4C of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section 75 of this Act) insert—
Age of sale notice at point of sale
4D (1) A tobacco retailer must display an age of sale notice at any premises at which they sell tobacco products.
(2) For the purposes of this Article an “age of sale notice” is a notice containing the following statement—
It is illegal to sell tobacco products to anyone born on or after 1 January 2009
.
(3) The notice must be displayed in a prominent position where it is readily visible to people at each point of sale of tobacco products.
(4) The notice must comply with any requirements set out in regulations made by the Department as to the size or appearance of—
(a) the statement on the notice, or
(b) any other aspect of the notice.
(5) Regulations under paragraph (4) are subject to negative resolution.
(6) A person who fails to display an age of sale notice as required by this Article commits an offence.
(7) It is a defence for a person charged with an offence under this Article to prove that they took all reasonable steps to avoid the commission of the offence.
(8) A person guilty of an offence under this Article is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

## 77 Ban on manufacture of snus etc {#section-77}

After Article 4D of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section 76 of this Act) insert—
Snus etc
Ban on manufacture of snus etc
4E (1) It is an offence to manufacture a relevant oral tobacco product.
(2) In paragraph (1) “relevant oral tobacco product” means a tobacco product that—
(a) is intended for oral use,
(b) is not intended to be inhaled or chewed, and
(c) consists wholly or partly of tobacco in powder or particulate form.
(3) A person guilty of an offence under this Article is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 6 months, or a fine not exceeding the statutory maximum, or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.

## 78 Ban on sales of snus etc {#section-78}

After Article 4E of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section 77 of this Act) insert—
Ban on sales of snus etc
4F (1) It is an offence to—
(a) sell a relevant oral tobacco product, or
(b) offer or expose a relevant oral tobacco product for sale.
(2) In paragraph (1) “relevant oral tobacco product” has the meaning given by Article 4E(2).
(3) It is a defence for a person charged with an offence under this Article to prove that they took all reasonable steps to avoid the commission of the offence.
(4) A person guilty of an offence under this Article is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 6 months, or a fine not exceeding the statutory maximum, or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.

## 79 Possession of snus etc with intent to supply {#section-79}

(1) After Article 4F of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section 78 of this Act) insert—
Possession of snus etc with intent to supply
4G (1) It is an offence for a person to have a relevant oral tobacco product in their possession with intent to supply it to another in the course of business.
(2) In paragraph (1) “relevant oral tobacco product” has the meaning given by Article 4E(2).
(3) A person guilty of an offence under this Article is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 6 months, or a fine not exceeding the statutory maximum, or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.

## 80 Sale of vaping or nicotine products to under 18s {#section-80}

After Article 4G of Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section 79 of this Act) insert—
Vaping and nicotine products
Sale of vaping or nicotine products to under 18s
4H (1) It is an offence to sell a vaping product or nicotine product to a person who is under the age of 18.
(2) It is a defence for a person charged with an offence under this Article to prove—
(a) that they took such steps as may be specified in regulations made by the Department to verify that the customer was at least 18 years old, or
(b) that they otherwise took all reasonable steps to avoid the commission of the offence.
(3) Regulations may not be made by the Department under paragraph (2)(a) unless a draft of the regulations has been laid before and approved by a resolution of the Assembly.
(4) A person guilty of an offence under this Article is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

## 81 Purchase of vaping or nicotine products on behalf of under 18s {#section-81}

(1) The Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) is amended as follows.
(2) After Article 4H (inserted by section 80 of this Act) substitute—
Purchase of vaping or nicotine products on behalf of under 18s
4I (1) It is an offence for a person aged 18 or over to buy, or attempt to buy, a vaping product or nicotine product on behalf of a person who is under the age of 18.
(2) It is a defence for a person charged with an offence under this Article to prove that they had no reason to suspect that the other person was under the age of 18.
(3) A person guilty of an offence under this Article is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(3) In Article 4A (purchase of tobacco or nicotine products on behalf of persons under 18)—
(a) in paragraph (1), for “tobacco, cigarette papers or a relevant nicotine product” substitute “tobacco products, herbal smoking products or cigarette papers”;
(b) in the heading, for “or nicotine products” substitute “etc”.

## 82 Vaping and nicotine product vending machines {#section-82}

After Article 4I of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section 81 of this Act) insert—
Vaping and nicotine product vending machines
4J (1) A person commits an offence if the person has the management or control of premises on which a vape vending machine or a nicotine product vending machine is available for use.
(2) A person guilty of an offence under this Article is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(3) In this Article—
“nicotine product vending machine” means a machine—
from which nicotine products may be bought, or
from which they are dispensed to a customer in connection with a sale;
“vape vending machine” means a machine—
from which vaping products may be bought, or
from which they are dispensed to a customer in connection with a sale.

## 83 Displays of products and prices in Northern Ireland {#section-83}

After Article 4J of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section 82) insert—
Displays of products or prices
Displays of products or prices
4K (1) The Department may by regulations impose prohibitions, requirements or limitations on retailers in relation to—
(a) the display, in the course of business, of relevant products in a place where those products are offered for sale;
(b) the display, in the course of business, of empty retail packaging of relevant products in a place where those products are offered for sale;
(c) the display, in the course of business, of prices of relevant products in a place where those products are offered for sale.
(2) In paragraph (1) “relevant product” means—
(a) tobacco products,
(b) tobacco related devices,
(c) herbal smoking products,
(d) cigarette papers,
(e) vaping products, or
(f) nicotine products.
(3) In paragraph (1)(a) a reference to a product includes anything that represents the product and that is intended to be exchanged for it at the point of sale.
(4) Regulations under paragraph (1) may create offences in relation to a failure to comply with the regulations.
(5) The regulations must provide for any offence to be triable on indictment or summarily and punishable—
(a) on summary conviction, by imprisonment for a term not exceeding 6 months, or a fine not exceeding the statutory maximum, or both;
(b) on conviction on indictment, by imprisonment for a term not exceeding 2 years, or a fine, or both.
(6) Before making regulations under this Article the Department must consult any persons it considers it appropriate to consult.
(7) Regulations may not be made by the Department under this Article unless a draft of the regulations has been laid before and approved by a resolution of the Assembly.

## 84 Free distribution and discount of products {#section-84}

After Article 4K of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section 83) insert—
Free distribution and discounts
Free distribution and discounts of products
4L (1) A person commits an offence if—
(a) the person—
(i) gives away a product or coupon to a member of the public or sells a product or coupon at a substantial discount, or
(ii) causes or permits that to happen, and
(b) either—
(i) their purpose in doing so is to promote a relevant product, or
(ii) the effect of their doing so will be to promote a relevant product and they know, or have reason to suspect, that will be the effect.
(2) In paragraph (1) “relevant product” means—
(a) a tobacco product,
(b) a herbal smoking product,
(c) cigarette papers,
(d) a vaping product, or
(e) a nicotine product.
(3) Where a person is charged with an offence under this Article of giving away a vaping product or nicotine product, or a coupon for such a product, it is a defence for the person to prove that the product or coupon was given away in accordance with arrangements made by a public authority.
(4) A person guilty of an offence under this Article is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 6 months, or a fine not exceeding the statutory maximum, or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.
(5) In this Article “coupon” means anything (whether in physical or electronic form) which, by itself or together with something else, can be redeemed for a product or service or for cash or any other benefit.

## 85 Programme of enforcement action by district councils {#section-85}

Before Article 7 of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) insert—
Enforcement
Programme of enforcement action by district councils
6A (1) Each district council must, at least once a year, consider—
(a) whether it is appropriate to carry out a programme of enforcement action in its area, and
(b) if so, what that programme should involve.
(2) In paragraph (1) “programme of enforcement action” means a programme involving one or more of the following—
(a) the investigation of complaints in respect of an alleged offence under—
(i) this Part or regulations under Article 4K, or
(ii) the Tobacco Retailers Act (Northern Ireland) 2014;
(b) the bringing of prosecutions in respect of such an offence;
(c) the taking of other measures intended to reduce the incidence of such offences.

## 86 Interpretation of 1978 Order {#section-86}

For Article 7 of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) substitute—
Interpretation
Interpretation of Part 2
7 In this Part—
“cigarette papers” includes anything intended to be used for encasing tobacco products or herbal smoking products for the purpose of enabling them to be smoked;
“filter” means a filter that is intended to be used when smoking a tobacco product or herbal smoking product (including a filter that forms part of, or that is intended to be inserted into, an item such as a cigarette holder or pipe);
“herbal smoking product” means a product consisting wholly or partly of vegetable matter and intended to be smoked but not containing tobacco;
“medical device” has the meaning given by the Medical Devices Regulations 2002 (S.I. 2002/618);
“medicinal product” has the meaning given by the Human Medicines Regulations 2012 (S.I. 2012/1916);
“nicotine product” has the meaning given by Article 7A;
“premises” means any place (including a vehicle or moveable structure);
“retail packaging”, in relation to a thing, means the packaging in which it is, or is intended to be, presented for sale by retail;
“sell” means sell by retail;
“tobacco product” means a product consisting wholly or partly of tobacco and intended to be smoked, sniffed, sucked, chewed or consumed in any other way;
“tobacco related device” means—
a device, other than a vape, which enables a tobacco product to be consumed (for example, a heated tobacco device or pipe), or
an item which is intended to form part of such a device;
“tobacco retailer” means a person who carries on a business involving the sale of tobacco products by retail;
“vape” means—
a device which—
vaporises substances, other than tobacco, for the purpose of inhalation through a mouthpiece (whether or not it also vaporises tobacco), and
is not a medical device or a medicinal product, or
an item which is intended to form part of a device within paragraph (a) (including anything intended to be attached to it with a view to imparting flavour);
“vaping product” means—
a vape, or
a vaping substance;
“vaping substance” means a substance, other than tobacco, that is intended to be vaporised by a vape;
“vaporises” includes aerosolises;
“vehicle” means every type of vehicle, including a vessel, aircraft and hovercraft.
Meaning of nicotine product
7A (1) In this Part “nicotine product” means—
(a) a device which is intended to enable nicotine to be delivered into the human body,
(b) an item which is intended to form part of a device within sub-paragraph (a),
(c) nicotine, or any substance containing nicotine, which is intended to be delivered into the human body, or
(d) an item containing anything within sub-paragraph (c).
(2) But the following are not “nicotine products” for the purposes of this Article—
(a) a tobacco product;
(b) a herbal smoking product;
(c) cigarette papers;
(d) any device which is intended to be used for the consumption of tobacco products;
(e) a vaping product;
(f) a medical device;
(g) a medicinal product.

## 87 Extension of retailer register {#section-87}

Schedule 10 amends the Tobacco Retailers Act (Northern Ireland) 2014 (c. 4 (N.I.)) to extend certain provisions about the registration of tobacco retailers so that they apply in relation to retailers of vaping products and nicotine products.

## 88 Prohibition of retail sales of tobacco products etc without a licence {#section-88}

(1) After section 4 of the Tobacco Retailers Act (Northern Ireland) 2014 (c. 4 (N.I.)) insert—
Licensing of retail sales of tobacco products etc
Prohibition of retail sales of tobacco products etc without a licence
4A (1) An individual must not do any of the following things except under the authority of and in accordance with a personal licence—
(a) sell relevant products;
(b) expose relevant products for sale;
(c) possess relevant products for the purpose of their sale (by the individual or another person).
(2) A person must not use or permit the use of premises for any of the following things except under the authority of and in accordance with a premises licence—
(a) the storage of relevant products for the purpose of their sale (by the person or another person);
(b) the exposure of relevant products for sale;
(c) the supply of relevant products to retail customers.
(3) Regulations may create exceptions to the prohibition in subsection (1) or (2).
(4) Regulations must make provision for and in connection with the grant of personal licences and premises licences.
(5) Before making regulations under this section the Department must consult any persons the Department considers it appropriate to consult.
(6) Schedule 1 makes further provision about regulations under subsection (4).
(7) In this section—
“grant” includes variation or renewal;
“licensing authority” has the meaning given by paragraph 2 of Schedule 1;
“personal licence” means a licence that is granted by a licensing authority and authorises an individual to do the things mentioned in subsection (1)(a), (b) and (c);
“premises licence” means a licence that is granted by a licensing authority and authorises the use of premises by a person for the things mentioned in subsection (2)(a), (b) and (c);
“relevant products” means—
tobacco products;
herbal smoking products;
cigarette papers;
vaping products;
nicotine products;
“sell” means sell by retail;
“supply” includes despatch.
Offences in connection with licences
4B (1) A person who breaches the prohibition in section 4A(1) or (2) commits an offence.
(2) A person commits an offence if—
(a) the person provides information to a licensing authority—
(i) in, or in connection with, an application for the grant of a personal licence or a premises licence, or
(ii) in pursuance of any other obligation imposed by or under regulations made under section 4A(4),
(b) the information is false or misleading in a material respect, and
(c) the person knows, or ought reasonably to know, that the information is false or misleading in a material respect.
(3) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(4) The court by which a person is convicted of an offence under subsection (1) may order the relevant products to which the offence relates, and any container for them, to be forfeited and either destroyed or dealt with in such other manner as the court may order.
(5) In this section—
“grant” includes variation or renewal;
“licensing authority” has the meaning given by paragraph 2 of Schedule 1;
“personal licence” has the meaning given by section 4A(7);
“premises licence” has the meaning given by section 4A(7);
“relevant product” has the meaning given by section 4A(7).
Financial penalties for breach of licence conditions
4C (1) A council may impose a financial penalty on a person if satisfied that—
(a) the person has breached a condition attached to a personal licence or a premises licence, and
(b) the breach of that condition does not constitute an offence under section 4B.
(2) The amount of the financial penalty must not exceed £2,500.
(3) Regulations may amend the amount specified in subsection (2) for the purpose of reflecting inflation.
(4) Schedule 2 makes further provision about the imposition of financial penalties under this section.
(5) In this section “personal licence” and “premises licence” have the meaning given by section 4A(7).
(2) Schedule 11 inserts new Schedule 1 to the Tobacco Retailers Act (Northern Ireland) 2014, relating to the grant of personal licences and premises licences.
(3) Schedule 12 inserts new Schedule 2 to the Tobacco Retailers Act (Northern Ireland) 2014, relating to the imposition of financial penalties.
(4) Schedule 13 contains consequential amendments relating to the licensing of retail sales of tobacco products etc.

## 89 Power to extend legislation to other products {#section-89}

(1) After Article 6A of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section 85 of this Act) insert—
Power to extend this Part
Power to extend this Part to other products
6B (1) The Department may by regulations amend this Part for the purpose of extending any provision that applies in relation to a tobacco product to—
(a) a filter that does not form part of a tobacco product or herbal smoking product;
(b) a tobacco related device.
(2) The Department may by regulations amend this Part for the purpose of extending to filters any provision made by Articles 4E to 4G in relation to a relevant oral tobacco product.
(3) Before making regulations under this Article the Department must consult any persons it considers it appropriate to consult.
(4) Regulations may not be made by the Department under this Article unless a draft of the regulations has been laid before and approved by a resolution of the Assembly.
(2) After section 21 of the Tobacco Retailers Act (Northern Ireland) 2014 (c. 4 (N.I.)) insert—
Power to extend Act to other products
21A (1) The Department may by regulations amend this Act for the purpose of extending any provision that applies in relation to a tobacco product to—
(a) a filter that does not form part of a tobacco product or herbal smoking product;
(b) a device of a specified description which enables a tobacco product to be consumed (for example, a heated tobacco device or pipe);
(c) an item which is intended to form part of such a device.
(2) Before making regulations under this section the Department must consult any persons the Department considers it appropriate to consult.
(3) In section 24 of that Act, in subsection (2), for “or 21(4) or (5)” substitute “, 21(4) or (5) or 21A”.

## 90 Consequential and other amendments {#section-90}

(1) See Schedule 14 for consequential amendments coming into force at the end of the period of 6 months beginning with the day on which this Act is passed.
(2) See Schedule 15 for consequential amendments coming into force on 1 January 2027.

## 91 Transitional provision {#section-91}

In relation to times before 1 January 2027, Article 6A(2) of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section 85 of this Act) has effect as if it included a reference to an offence under Article 5 of the Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991 (S.I. 1991/2872 (N.I. 25)) (display of warning statements).

## 92 Power of officer of Revenue and Customs to seize and detain snus etc {#section-92}

(1) An officer of Revenue and Customs may, for the purpose of facilitating the exercise by an enforcement authority of any of its functions in relation to the enforcement of a relevant offence, seize any relevant oral tobacco products that have been imported and detain them for not more than 48 hours.
(2) Any products seized and detained under this section must be dealt with during their period of detention in such manner as the Commissioners for His Majesty’s Revenue and Customs may direct.
(3) For the purposes of calculating the 48-hour period mentioned in subsection (1) any period falling on a non-working day is to be disregarded.
(4) In this section—
“enforcement authority”—
in relation to England or Wales, means a local weights and measures authority;
in relation to Scotland, means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
in relation to Northern Ireland, means a district council;
“non-working day” means—
a Saturday or Sunday, or
a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom;
“relevant offence” means an offence under any of the following (which relate to possession of relevant oral tobacco products with intent to supply)—
section 9 (England and Wales);
section 9C of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) (Scotland);
Article 4G of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26));
“relevant oral tobacco product” means a tobacco product that—
is intended for oral use,
is not intended to be inhaled or chewed, and
consists wholly or partly of tobacco in powder or particulate form.

## 93 Extension of section 92 to filters {#section-93}

(1) The Secretary of State may by regulations amend section 92 for the purpose of extending it to a relevant offence that involves possession of a filter with intent to supply it to another in the course of business.
(2) In subsection (1)—
“filter” means a filter that is intended to be used when smoking a tobacco product or herbal smoking product (including a filter that forms part of, or that is intended to be inserted into, an item such as a cigarette holder or pipe);
“herbal smoking product” means a product consisting wholly or partly of vegetable matter and intended to be smoked but not containing tobacco;
“relevant offence” means an offence created by virtue of regulations under—
section 48(2),
section 34A(4) of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3), or
Article 6B(2) of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26));
“tobacco product” means a product consisting wholly or partly of tobacco and intended to be smoked, sniffed, sucked, chewed or consumed in any other way.
(3) Regulations under this section are subject to the affirmative resolution procedure.

## 94 Retail packaging {#section-94}

(1) The Secretary of State may by regulations make provision about the retail packaging of—
(a) tobacco products;
(b) tobacco related devices;
(c) herbal smoking products;
(d) cigarette papers;
(e) filters;
(f) vaping products;
(g) nicotine products.
(2) The regulations may, in particular, impose prohibitions, requirements or limitations in relation to the production, importation or supply of such products in the course of business.
(3) Provision made by the regulations may, in particular, include provision about—
(a) the markings on packaging (including the use of branding, trademarks or logos);
(b) the information provided on packaging or otherwise supplied with a product;
(c) the appearance of packaging;
(d) the materials used for packaging;
(e) the texture of packaging;
(f) the size of packaging;
(g) the shape of packaging;
(h) the means by which packaging is opened;
(i) any features of packaging which could be used to distinguish between different brands;
(j) the number of individual products contained in an individual packet;
(k) the quantity of a product contained in an individual packet.
(4) Regulations under this section are subject to the affirmative resolution procedure.

## 95 Features of products {#section-95}

(1) The Secretary of State may by regulations make provision about—
(a) the markings on—
(i) tobacco products,
(ii) tobacco related devices,
(iii) herbal smoking products,
(iv) cigarette papers,
(v) filters;
(vi) vaping products, or
(vii) nicotine products,
including the use of branding, trademarks or logos;
(b) the information provided on such products;
(c) the appearance of such products;
(d) the size of such products or their components;
(e) the shape of such products;
(f) any features of such products which could be used to distinguish between different brands;
(g) any technological features of a tobacco related device or vaping product.
(2) The regulations may, in particular, impose prohibitions, requirements or limitations in relation to the production, importation or supply of such products in the course of business.
(3) Regulations under subsection (1)(g) may include provision about software for use in connection with technological features to which the regulations relate.
(4) Regulations under this section are subject to the affirmative resolution procedure.

## 96 Contents and flavour {#section-96}

(1) The Secretary of State may by regulations make provision about—
(a) the substances that may be included in a relevant product or the amount of any given substance that may be included;
(b) the flavour of relevant products;
(c) any product intended to be used in connection with a relevant product with a view to imparting flavour.
(2) In this section “relevant products” means—
(a) tobacco products,
(b) tobacco related devices,
(c) herbal smoking products,
(d) cigarette papers,
(e) filters,
(f) vaping products, or
(g) nicotine products.
(3) The regulations may, in particular, impose prohibitions, requirements or limitations in relation to the production, importation or supply of such products in the course of business.
(4) The regulations may, in particular, make provision about how the flavour of a product is to be determined, including provision for a determination to be made by a person authorised for the purpose by the Secretary of State.
(5) Regulations under this section are subject to the affirmative resolution procedure.

## 97 Substances released into human body and emissions {#section-97}

(1) The Secretary of State may by regulations make provision about the nature and amount of the substances that may be released into the body of a person using or of the emissions that may be released by—
(a) tobacco products;
(b) tobacco related devices;
(c) herbal smoking products;
(d) cigarette papers;
(e) filters;
(f) vaping products;
(g) nicotine products.
(2) The regulations may, in particular, impose prohibitions, requirements or limitations in relation to the production, importation or supply of such products in the course of business.
(3) The regulations may, in particular, make provision about how the nature and amount of substances or emissions released by a product are to be determined, including provision for a determination to be made by a person authorised for the purpose by the Secretary of State.
(4) Regulations under this section are subject to the affirmative resolution procedure.

## 98 Non-compliant images {#section-98}

(1) The Secretary of State may by regulations prohibit a person from doing the following in the course of business—
(a) publishing an image of the retail packaging of a relevant product from which it is possible to tell that the requirements of regulations under section 94 have not been complied with;
(b) publishing an image of a relevant product from which it is possible to tell that the requirements of regulations under section 95 have not been complied with;
(c) causing the publication of an image of the kind mentioned in paragraph (a) or (b).
(2) In this section “relevant product” means—
(a) a tobacco product,
(b) a tobacco related device,
(c) a herbal smoking product,
(d) cigarette papers,
(e) filters,
(f) a vaping product, or
(g) a nicotine product.
(3) Regulations under this section are subject to the affirmative resolution procedure.

## 99 Registration {#section-99}

(1) The Secretary of State may by regulations make provision for the establishment of a register of—
(a) tobacco products;
(b) tobacco related devices;
(c) herbal smoking products;
(d) cigarette papers;
(e) filters;
(f) vaping products;
(g) nicotine products.
(2) The regulations may impose prohibitions or limitations on the supply of an unregistered product in the course of business.
(3) The regulations may, in particular, make provision—
(a) about who is to keep the register;
(b) about eligibility for registration or continued registration;
(c) requiring a person to provide the registrar with information that relates to the product or producer;
(d) about the content of the register;
(e) about the expiry, renewal, cancellation or suspension of a product’s registration;
(f) about the publication of the register;
(g) for fees to be payable in respect of registration or continued registration (which may be set at a level that takes into account the cost of exercising functions under or in connection with any regulations under this Part).
(4) Regulations made by virtue of subsection (3)(c) may, in particular, require the provision of—
(a) the reasons for an ingredient’s inclusion in the product;
(b) images (for example, an image of the product or its label or packaging);
(c) information relevant to any risks or suspected risks to human health or safety posed by the product;
(d) information about substances released into the body of a person using the product or about the emissions released by the product;
(e) information about the producer’s operations;
(f) information about any individual nominated by the producer in accordance with regulations under section 102 (responsible person).
(5) Regulations made by virtue of subsection (3)(g) may include provision about the use of fee income (including provision authorising its retention or payment into the Consolidated Fund).
(6) Regulations under this section are subject to the affirmative resolution procedure.

## 100 Information {#section-100}

(1) The Secretary of State may by regulations—
(a) require a producer or importer of any of the following products to provide information that relates to the product or its producer to a person specified in the regulations—
(i) tobacco products;
(ii) tobacco related devices;
(iii) herbal smoking products;
(iv) cigarette papers;
(v) filters;
(vi) vaping products;
(vii) nicotine products;
(b) make provision about the publication of information provided under the regulations.
(2) The regulations may, in particular, require the provision of—
(a) any information of a kind mentioned in section 99(4)(a) to (f);
(b) sales data or market research relating to the product.
(3) The regulations may, in particular, make provision about when and how information must be provided.
(4) Regulations under this section are subject to the affirmative resolution procedure.

## 101 Studies {#section-101}

(1) The Secretary of State may by regulations require a producer of a relevant product—
(a) to carry out a study in relation to the product or an ingredient in it, and
(b) to submit a report on the results of the study to a person specified in the regulations.
(2) In this section “relevant product” means—
(a) a tobacco product,
(b) a tobacco related device,
(c) a herbal smoking product,
(d) cigarette papers,
(e) filters,
(f) a vaping product, or
(g) a nicotine product.
(3) The regulations may, in particular, make provision about—
(a) when and how a study is to be carried out and a report submitted;
(b) the questions that a study must address;
(c) the content and structure of a report.
(4) Regulations under this section are subject to the affirmative resolution procedure.

## 102 Responsible person {#section-102}

(1) The Secretary of State may by regulations require a producer of any of the following to nominate an individual to be responsible for information that is, or that has to be, provided to a person in accordance with regulations under sections 99 to 101—
(a) tobacco products,
(b) tobacco related devices,
(c) herbal smoking products,
(d) cigarette papers,
(e) filters,
(f) vaping products, or
(g) nicotine products.
(2) The regulations may, in particular, make provision about who is eligible to be nominated, including provision requiring a nominee to be resident in, or to have another connection to, the United Kingdom.
(3) The regulations must prohibit a producer from nominating an individual without the individual’s consent.
(4) Regulations under this section are subject to the affirmative resolution procedure.

## 103 Testing {#section-103}

(1) The Secretary of State may by regulations require a person specified in the regulations to carry out tests with a view to determining whether a product complies with a requirement imposed by regulations under this Part.
(2) The regulations may, in particular, make provision—
(a) about how and when tests are to be carried out;
(b) about who may carry out tests on behalf of the person specified under subsection (1);
(c) about the selection of products for testing;
(d) about the provision of samples by producers;
(e) for charges to be payable in respect of tests (which may be set at a level that takes into account the cost of exercising functions under or in connection with any regulations under this Part).
(3) Regulations made by virtue of subsection (2)(e) may include provision about the use of charges received (including provision authorising its retention or payment into the Consolidated Fund).
(4) Regulations under this section are subject to the affirmative resolution procedure.

## 104 Product safety {#section-104}

(1) The Secretary of State may, for the purpose of minimising the risks to human health and safety posed by relevant products, make regulations—
(a) requiring producers or importers to have processes in place for collecting information about the effect of their products on human health and safety;
(b) conferring power on the Secretary of State, in circumstances specified in the regulations, to—
(i) impose a prohibition or limitation on the supply of a product by a producer or importer;
(ii) require a producer or importer to recall a product.
(2) In this section “relevant products” means—
(a) tobacco products,
(b) tobacco related devices,
(c) herbal smoking products,
(d) cigarette papers,
(e) filters,
(f) vaping products, or
(g) nicotine products.
(3) Regulations under this section are subject to the affirmative resolution procedure.

## 105 Matters dealt with by 2016 Regulations {#section-105}

(1) The Secretary of State may by regulations make provision—
(a) that is similar to or that corresponds to any provision of the Tobacco and Related Products Regulations 2016 (S.I. 2016/507), other than Part 7 of those Regulations, or
(b) that applies a provision of those Regulations, with or without modifications, to any of the following to which it would not otherwise apply—
(i) tobacco products,
(ii) tobacco related devices,
(iii) herbal smoking products,
(iv) cigarette papers,
(v) filters,
(vi) vaping products, or
(vii) nicotine products,
so far as that provision could not otherwise be made under this Part.
(2) The reference in subsection (1) to the Tobacco and Related Products Regulations 2016 (S.I. 2016/507) is to that instrument as it has effect on the day on which this Act is passed.
(3) Regulations under this section are subject to the affirmative resolution procedure.

## 106 Treatment of 2016 Regulations {#section-106}

The Tobacco and Related Products Regulations 2016 (S.I. 2016/507), so far as they contain provision that could be made under a regulation-making power conferred by this Part, are treated for the purposes of section 14 of the Interpretation Act 1978 (implied power to amend or revoke) as having been made under that power.

## 107 Offences {#section-107}

(1) Regulations under this Part may create an offence in relation to a failure to comply with the regulations.
(2) Regulations under sections 99 to 101 may create an offence in relation to the provision of false or misleading information to a person in purported compliance with an obligation under the regulations.
(3) Regulations under section 102 may provide that, if a producer commits an offence by reason of—
(a) a failure to provide information required by regulations under sections 99 to 101, or
(b) the provision of false or misleading information to a person in purported compliance with an obligation under such regulations,
the offence is also committed by the person nominated by the producer in accordance with regulations under section 102.
(4) Subsection (3) does not limit the power to create offences by virtue of subsections (1) and (2) (and, in particular, to make others liable for offences committed by a body).
(5) Regulations under this Part creating an offence—
(a) may provide for it to be punishable with a term of imprisonment or a fine (or both);
(b) may not provide for the maximum term of imprisonment to exceed 2 years.

## 108 Enforcement {#section-108}

(1) Regulations under this Part may include provision about enforcement.
(2) The provision that may be made about enforcement includes—
(a) provision conferring functions on the relevant enforcement authorities;
(b) provision for the appropriate national authority to—
(i) direct, in relation to cases of a particular description or a particular case, that any function conferred on a relevant enforcement authority by virtue of the regulations is to be carried out by the appropriate national authority and not by the relevant enforcement authority;
(ii) take over the conduct of any proceedings from a relevant enforcement authority in respect of an offence under this Part.
(3) The provision that may be made about enforcement includes—
(a) provision conferring on a relevant enforcement authority the power to prohibit a person, for a period of up to 6 months, from supplying a product, if the authority has reasonable grounds to suspect that there has been a breach of regulations under this Part in relation to that product;
(b) provision for the forfeiture of products—
(i) in England and Wales or Northern Ireland, by court order;
(ii) in Scotland, by order of a sheriff;
(c) provision similar or corresponding to section 92 (HMRC seizure powers).
(4) Provision made by virtue of subsection (3)(a) may include—
(a) provision for compensation to be payable by a relevant enforcement authority in specified circumstances;
(b) provision about the resolution of disputes about compensation.
(5) Regulations under this section may include provision conferring jurisdiction on a court or tribunal, including—
(a) provision conferring jurisdiction to order a person to reimburse a relevant enforcement authority’s expenditure in specified circumstances;
(b) provision about appeals.
(6) In this section—
“appropriate national authority” means—
in relation to England, the Secretary of State,
in relation to Wales, the Welsh Ministers,
in relation to Scotland, the Scottish Ministers, and
in relation to Northern Ireland, the Department of Health;
“relevant enforcement authority” means—
in relation to England, a local weights and measures authority,
in relation to Wales, a local weights and measures authority,
in relation to Scotland, a local weights and measures authority, and
in relation to Northern Ireland, a district council;
“supplying” includes—
agreeing to supply;
offering or exposing for supply.

## 109 Sub-delegation {#section-109}

Regulations under this Part may confer discretions.

## 110 Power to make provision binding the Crown {#section-110}

(1) Regulations under this Part may include provision binding the Crown.
(2) Regulations under this Part which include provision binding the Crown—
(a) must provide that the Crown is not criminally liable as a result of any such provision, and
(b) may confer power on the High Court in England and Wales or Northern Ireland, or the Court of Session in Scotland, to declare unlawful any act or omission for which the Crown would be criminally liable if it were not for provision made by virtue of paragraph (a).
(3) Provision made by virtue of subsection (2)(b) which confers power on the Court of Session to make a declaration must provide that such a declaration may only be made on an application by the Scottish Ministers or a local weights and measures authority in Scotland.
(4) Provision made by virtue of this section does not affect the application of regulations under this Part in relation to persons in the public service of the Crown.

## 111 Power to amend legislation {#section-111}

The consequential provision that may be made by regulations under this Part by virtue of section 172(1)(a) includes provision amending, repealing or revoking any legislation (whenever passed or made).

## 112 Consequential repeal {#section-112}

In the Children and Families Act 2014 omit section 94.

## 113 Enforcement of 2016 Regulations {#section-113}

In Schedule 15 to the Digital Markets, Competition and Consumers Act 2024 (consumer protection enactments), in Part 1—
(a) in the second part of the Table (secondary legislation) at the appropriate place insert—
The Tobacco and Related Products Regulations 2016 (S.I. 2016/507) | All public designated enforcers, other than— the Department for the Economy in Northern Ireland; the Department of Health in Northern Ireland; the Department for Infrastructure in Northern Ireland; an enforcement authority within the meaning of section 120(15) of the Communications Act 2003 (regulation of premium rate services); the Maritime and Coastguard Agency; the Office for the Traffic Commissioner; the Secretary of State. All private enforcers.
;
(b) in the fifth part of the Table (saved legislation) omit the entry for the Tobacco Products (Manufacture, Presentation and Sale) (Safety) Regulations 2002 (S.I. 2002/3041).

## 114 Consultation {#section-114}

Before making regulations under this Part the Secretary of State must consult any persons the Secretary of State considers it appropriate to consult.

## 115 Consent to regulations under Part 5 {#section-115}

Before making regulations under this Part the Secretary of State must obtain the consent of—
(a) the Welsh Ministers, if the regulations contain provision which would be within the legislative competence of Senedd Cymru if contained in an Act of the Senedd;
(b) the Scottish Ministers, if the regulations contain provision which would be within the legislative competence of the Scottish Parliament if contained in an Act of the Scottish Parliament;
(c) the Executive Office in Northern Ireland, if the regulations contain provision which—
(i) would be within the legislative competence of the Northern Ireland Assembly if contained in an Act of the Assembly, and
(ii) would not, if it were contained in a Bill for an Act of the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.

## 116 Interpretation of Part 5 {#section-116}

In this Part—
“cigarette papers” includes anything intended to be used for encasing tobacco products or herbal smoking products for the purpose of enabling them to be smoked;
“filter” means a filter that is intended to be used when smoking a tobacco product or herbal smoking product (including a filter that forms part of, or that is intended to be inserted into, an item such as a cigarette holder or pipe);
“herbal smoking product” means a product consisting wholly or partly of vegetable matter and intended to be smoked but not containing tobacco;
“importer”, in relation to a product, means a person who imports the product into the United Kingdom in the course of business;
“medical device” has the meaning given by the Medical Devices Regulations 2002 (S.I. 2002/618);
“medicinal product” has the meaning given by the Human Medicines Regulations 2012 (S.I. 2012/1916);
“nicotine product” has the meaning given by section 117;
“packaging”, in relation to a product, means—
the external packaging of the product (including any wrapper),
the internal packaging of the product, or
any other material attached to or included with the product or anything within paragraph (a) or (b);
“production”, in relation to a product, means—
the manufacture of the product, or
the putting of a name, trademark or other distinguishing mark on the product by a person, the effect of which is to hold the person out as being the manufacturer of the product;
(whether in the United Kingdom or elsewhere);
“retail packaging”, in relation to a product, means the packaging in which it is, or is intended to be, presented for sale by retail;
“supply”, in relation to a product, includes—
offering or agreeing to supply it, or
exposing or possessing it for supply;
“tobacco product” means a product consisting wholly or partly of tobacco and intended to be smoked, sniffed, sucked, chewed or consumed in any other way;
“tobacco related device” means—
a device, other than a vape, which enables a tobacco product to be consumed (for example, a heated tobacco device or pipe), or
an item which is intended to form part of a device within paragraph (a);
“vape” means—
a device which—
vaporises substances, other than tobacco, for the purpose of inhalation through a mouthpiece (whether or not it also vaporises tobacco), and
is not a medical device or a medicinal product, or
an item which is intended to form part of a device within paragraph (a) (including anything intended to be attached to it with a view to imparting flavour);
“vaping product” means—
a vape, or
a vaping substance;
“vaping substance” means a substance, other than tobacco, that is intended to be vaporised by a vape;
“vaporises” includes aerosolises (and “vaporised” is to be construed accordingly).

## 117 Meaning of “nicotine product” {#section-117}

(1) In this Part “nicotine product” means—
(a) a device which is intended to enable nicotine to be delivered into the human body,
(b) an item which is intended to form part of a device within paragraph (a),
(c) nicotine, or any substance containing nicotine, which is intended to be delivered into the human body, or
(d) an item containing anything within paragraph (c).
(2) But the following are not “nicotine products” for the purposes of this section—
(a) a tobacco product;
(b) a herbal smoking product;
(c) cigarette papers;
(d) any device which is intended to be used for the consumption of tobacco products or herbal smoking products;
(e) a vaping product;
(f) a medical device;
(g) a medicinal product.

## 131 Sponsorship: vaping and nicotine and other products {#section-131}

(1) A person commits an offence if—
(a) the person is party to an agreement entered into on or after the day on which this section comes into force,
(b) under the agreement, a party to it, acting in the course of business, makes a contribution towards something,
(c) the purpose of anything done on or after the specified date as a result of the agreement is, or its effect will be, to promote in the United Kingdom—
(i) a herbal smoking product,
(ii) cigarette papers,
(iii) a vaping product, or
(iv) a nicotine product, and
(d) the person knew or had reason to suspect—
(i) that the contribution referred to in paragraph (b) was made in the course of business, and
(ii) that the action referred to in paragraph (c) had that purpose or would have that effect.
(2) A person who commits an offence under this section is liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both;
(b) on summary conviction—
(i) in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;
(ii) in Scotland, to imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both;
(iii) in Northern Ireland, to imprisonment for a term not exceeding 6 months, or a fine not exceeding the statutory maximum, or both.
(3) In subsection (1) “specified date” means a date specified by the Secretary of State by regulations.

## 138 Alignment of definition of “tobacco product” in old legislation {#section-138}

In section 1 of the Tobacco Advertising and Promotion Act 2002 (interpretation), for the definition of “tobacco product” substitute—
“tobacco product” means a product consisting wholly or partly of tobacco and intended to be smoked, sniffed, sucked, chewed or consumed in any other way.

## 140 Crown application {#section-140}

(1) This Part and regulations made under it bind the Crown.
(2) Nothing in this Part or regulations made under it makes the Crown criminally liable.
(3) The High Court in England and Wales or Northern Ireland, or the Court of Session in Scotland, may declare unlawful any act or omission for which the Crown would be criminally liable if it were not for subsection (2).
(4) The power of the Court of Session to make a declaration under subsection (3) may only be made on an application by—
(a) the Scottish Ministers, or
(b) a local weights and measures authority in Scotland.
(5) Subsection (2) does not affect the criminal liability of persons in the service of the Crown.

## 141 Interpretation of Part 6 {#section-141}

In this Part—
“cigarette papers” has the meaning given by section 116;
“distributes” includes making available;
“enforcement authority” has the meaning given by section 135(2);
“filter” has the meaning given by section 116;
“herbal smoking product” has the meaning given by section 116;
“nicotine product” has the meaning given by section 117;
“tobacco product” has the meaning given by section 116;
“vaping product” has the meaning given by section 116.

## 165 Review of Act {#section-165}

(1) The Secretary of State must—
(a) carry out a review of the operation of this Act during the relevant period, and
(b) prepare and lay before Parliament a report setting out the conclusions of that review.
(2) In carrying out the review the Secretary of State must, in particular—
(a) consider any evidence as to the economic or health impacts of the Act, and
(b) consult—
(i) the Welsh Ministers,
(ii) the Scottish Ministers, and
(iii) the Department of Health in Northern Ireland.
(3) In this section “the relevant period” means such period as the Secretary of State considers appropriate being a period of not less than 4 years, nor more than 7 years, beginning with the day on which this Act is passed.

## 166 Application to Parliament {#section-166}

To the extent that this Act or regulations made under it would not (but for this section) apply in relation to the Parliamentary Estate, they do so apply.

## 168 Power of Secretary of State to make consequential provision {#section-168}

(1) The Secretary of State may by regulations make provision that is consequential on this Act.
(2) Regulations under this section may amend, repeal or revoke legislation passed or made before, or in the same Session as, this Act (including provision made by this Act).
(3) Regulations under this section that amend, repeal or revoke primary legislation are subject to the affirmative resolution procedure.
(4) Any other regulations under this section are subject to the negative resolution procedure.
(5) In this section “primary legislation” means—
(a) an Act of Parliament,
(b) an Act of the Scottish Parliament,
(c) an Act or Measure of Senedd Cymru, or
(d) Northern Ireland legislation.

## 169 Power of Scottish Ministers to make consequential provision {#section-169}

(1) The Scottish Ministers may by regulations make provision that is consequential on any of the following—
(a) Part 2 (sale and distribution);
(b) sections 148 to 152 and Schedule 18 (smoke-free places, vape-free places and other free-from places: Scotland).
(2) Regulations under this section may amend, repeal or revoke provision made by or under—
(a) an Act passed—
(i) before this Act, or
(ii) later in the same session of Parliament as this Act, or
(b) an Act of the Scottish Parliament passed before this Act.
(3) Regulations under this section that amend or repeal provision made by an Act of the Scottish Parliament, or an Act, are subject to the affirmative resolution procedure.
(4) Any other regulations under this section are subject to the negative resolution procedure.

## 170 Power of Welsh Ministers to make consequential provision {#section-170}

(1) The Welsh Ministers may by regulations make provision that is consequential on any of the following—
(a) Part 1 (sale and distribution);
(b) sections 153 to 158 and Schedule 19 (smoke-free places, vape-free places and other free-from places: Wales).
(2) The only provision that may be made by virtue of this section is provision that would be within the legislative competence of Senedd Cymru if contained in an Act of the Senedd.
(3) Regulations under this section may amend, repeal or revoke provision made by or under—
(a) an Act passed—
(i) before this Act, or
(ii) later in the same session of Parliament as this Act, or
(b) an Act or Measure of Senedd Cymru passed before this Act.
(4) Regulations under this section that amend or repeal provision made by an Act or Measure of Senedd Cymru, or an Act, are subject to the affirmative resolution procedure.
(5) Any other regulations under this section are subject to the negative resolution procedure.

## 171 Power of Northern Ireland department to make consequential provision {#section-171}

(1) A Northern Ireland department may by regulations make provision that is consequential on any of the following—
(a) Part 3 (sale and distribution);
(b) sections 159 to 163 and Schedule 20 (smoke-free places, vape-free places and other free-from places: Northern Ireland).
(2) Regulations under this section may amend, repeal or revoke provision made by or under—
(a) an Act passed—
(i) before this Act, or
(ii) later in the same session of Parliament as this Act, or
(b) Northern Ireland legislation passed or made before this Act.
(3) Regulations under this section that amend, repeal or revoke any provision of an Act or Northern Ireland legislation are subject to the affirmative resolution procedure.
(4) Any other regulations under this section are subject to the negative resolution procedure.

## 172 Regulations: general {#section-172}

(1) A power to make regulations under any provision of this Act includes power to make—
(a) consequential, supplementary, incidental, transitional or saving provision;
(b) different provision for different purposes;
(c) different provision for different parts of the United Kingdom.
(2) This section does not apply to regulations under section 175, 176 or 177.

## 173 Regulations and orders: procedure {#section-173}

(1) Regulations made by the Secretary of State under this Act are to be made by statutory instrument.
(2) For regulations made under this Act by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (definition of “Scottish statutory instrument”).
(3) Regulations or orders made by the Welsh Ministers under this Act are to be made by Welsh statutory instrument.
(4) Any power of a Northern Ireland department to make regulations or orders under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
(5) Where regulations under this Act are “subject to the affirmative resolution procedure”, the regulations—
(a) if made by the Secretary of State, may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament;
(b) if made by the Welsh Ministers, are subject to the Senedd approval procedure (see Part 2A of the Legislation (Wales) Act 2019 (anaw 4));
(c) if made by the Scottish Ministers, are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10));
(d) if made by a Northern Ireland department, may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
(6) Where regulations under this Act are “subject to the negative resolution procedure”—
(a) if made by the Secretary of State, the statutory instrument containing them is subject to annulment in pursuance of a resolution of either House of Parliament;
(b) if made by the Welsh Ministers, the regulations are subject to the Senedd annulment procedure (see Part 2A of the Legislation (Wales) Act 2019 (anaw 4));
(c) if made by the Scottish Ministers, the regulations are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10));
(d) if made by a Northern Ireland department, the regulations are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) as if they were a statutory instrument within the meaning of that Act.
(7) Any provision that may be made by the Secretary of State or a Northern Ireland department in regulations under this Act subject to the negative resolution procedure may be made by them in regulations subject to the affirmative resolution procedure.
(8) See also—
(a) section 33 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (combining Scottish subordinate legislation subject to different procedures);
(b) section 37G of the Legislation (Wales) Act 2019 (anaw 4) (combining Welsh subordinate legislation subject to different procedures).

## 174 Extent {#section-174}

(1) An amendment or repeal made by this Act has the same extent as the provision amended or repealed.
(2) Subject to that—
(a) Part 1 extends to England and Wales only;
(b) Part 2 extends to Scotland only;
(c) Part 3 extends to Northern Ireland only;
(d) Parts 4, 5 and 6 and this Part extend to England and Wales, Scotland and Northern Ireland.

## 175 Commencement: Parts 1 to 4 {#section-175}

(1) Parts 1 to 4 of this Act (sale and distribution etc) come into force at the end of the period of 6 months beginning with the day on which it is passed, except as provided by subsections (2) to (8) .
(2) Any provision of, or amendment made by, Parts 1 to 3 so far as it confers a power to make regulations or relates to the exercise of the power, comes into force on the day on which this Act is passed.
(3) The following (which relate to the age of sale of tobacco etc) come into force on 1 January 2027 (so far as not in force by virtue of subsection (2))—
(a) sections 1, 2, 5, 6 and 44(2) and Schedule 7;
(b) section 52;
(c) sections 72, 73, 76 and 90(2) and Schedule 15.
(4) Sections 16 to 18 and Schedules 1 and 2 (licensing of retail sales of tobacco products etc in England) come into force (so far as not in force by virtue of subsection (2)) on such day as the Secretary of State may by regulations appoint.
(5) The following provisions come into force (so far as not in force by virtue of subsection (2)) on such day as the Welsh Ministers may by order appoint—
(a) sections 19 to 22 and Schedules 3 and 4 (licensing of retail sales of tobacco products etc in Wales);
(b) section 43 and Schedule 5 (handing over tobacco etc to underage people in Wales).
(6) Section 67 (alignment of definition of “tobacco product” in Scottish legislation) comes into force on the day on which this Act is passed.
(7) The following provisions come into force (so far as not in force by virtue of subsection (2)) on such day as the Scottish Ministers may by regulations appoint—
(a) section 63 (age verification in relation to tobacco and vaping products etc);
(b) section 69 and Schedule 9 (extension of retailer register etc in Scotland).
(8) The following come into force (so far as not in force by virtue of subsection (2)) on such day as the Department of Health in Northern Ireland may by order appoint—
(a) section 87 and Schedule 10 (extension of retailer register in Northern Ireland);
(b) section 88 and Schedules 11 to 13 (licensing of retail sales of tobacco products etc in Northern Ireland).
(9) Regulations or orders under this section may appoint different days for different purposes.

## 176 Commencement: Parts 5 to 8 {#section-176}

(1) Part 5 (product and information requirements etc) comes into force on the day on which this Act is passed.
(2) In Part 6 (advertising and sponsorship)—
(a) section 138 comes into force on the day on which this Act is passed;
(b) sections 131, 140 and 141 come into force at the end of the period of 2 months beginning with the day on which this Act is passed;
(c) the other provisions come into force on such day as the Secretary of State may by regulations appoint.
(3) In Part 7 (smoke-free places, vape-free places and other free-from places)—
(a) sections 142 to 147 and 164 and Schedule 17 come into force on such day as the Secretary of State may by regulations appoint;
(b) sections 148 to 152 and Schedule 18 come into force on such day as the Scottish Ministers may by regulations appoint;
(c) sections 153 to 158 and Schedule 19 come into force on such day as the Welsh Ministers may by order appoint;
(d) sections 159 to 163 and Schedule 20 come into force on such day as the Department of Health in Northern Ireland may by order appoint.
(4) This Part comes into force on the day on which this Act is passed, apart from section 167 and Schedule 21 which come into force on such day as the Secretary of State may by regulations appoint.
(5) Regulations or orders under this section may appoint different days for different purposes.

## 177 Transitional provision {#section-177}

(1) The Welsh Ministers may by regulations make transitional or saving provision in connection with the coming into force of—
(a) sections 19 to 22 and Schedules 3 and 4 (licensing of retail sales of tobacco products etc in Wales);
(b) section 43 and Schedule 5 (handing over tobacco etc to underage people);
(c) sections 153 to 158 and Schedule 19 (smoke-free places, vape-free places and other free-from places: Wales).
(2) The Scottish Ministers may by regulations make transitional or saving provision in connection with the coming into force of—
(a) Part 2 (sale and distribution: Scotland);
(b) sections 148 to 152 and Schedule 18 (smoke-free places, vape-free places and other free-from places: Scotland).
(3) The Department of Health in Northern Ireland may by regulations make transitional or saving provision in connection with the coming into force of—
(a) Part 3 (sale and distribution: Northern Ireland);
(b) sections 159 to 163 and Schedule 20 (smoke-free places, vape-free places and other free-from places: Northern Ireland).
(4) The Secretary of State may by regulations make transitional or saving provision in connection with the coming into force of any provision of this Act.
(5) Transitional provision and savings made under this section are additional, and without prejudice, to those made by or under any other provision of this Act.
(6) A power conferred by subsections (1) to (4) includes power to make different provision for different purposes.
(7) A requirement imposed under or by virtue of this Act to consult any persons may be satisfied by consultation carried out before this Act comes into force.

## 178 Short title {#section-178}

This Act may be cited as the Tobacco and Vapes Act 2026.

## Schedule 1 Retail licensing scheme: England {#schedule-1}

Section 16(6)
Introduction
1 This Schedule is about the provision that may be made by regulations under section 16(4).
Licensing authority
2 The regulations must specify a description of local authority (a “licensing authority”) which is to grant licences.
Grant of licence
3 (1) The regulations may—
(a) prohibit a licensing authority from granting a licence unless satisfied as to a matter specified in the regulations;
(b) require a licensing authority to have regard, in deciding whether to grant a licence, to a matter specified in the regulations.
(2) The provision that may be made under sub-paragraph (1)(a) includes—
(a) provision prohibiting a licensing authority from granting a premises licence in respect of premises within an area of a description specified in the regulations;
(b) provision limiting the number of licensed premises within an area of a description specified in the regulations.
(3) The regulations may make provision requiring a licensing authority not to grant a premises licence unless the premises have been inspected in accordance with the regulations.
Licence fee
4 (1) The regulations may authorise a licensing authority to charge a fee in respect of an application for the grant of a licence (which may be set at a level that takes into account the cost of exercising functions under or in connection with sections 16 to 18 or the regulations).
(2) Any such fee must not exceed an amount specified in, or determined in accordance with, the regulations.
(3) The regulations may require a licensing authority to pay a proportion of any amount received by virtue of sub-paragraph (1) to any other person with functions under or in connection with sections 16 to 18 or the regulations.
Licence conditions
5 (1) The regulations may make provision for the grant of a licence subject to conditions.
(2) Provision of the kind mentioned in sub-paragraph (1) may—
(a) enable a licensing authority to attach conditions to a licence;
(b) require a licensing authority to attach to a licence a condition specified in the regulations.
(3) The provision that may be made under sub-paragraph (1) includes provision prohibiting or restricting the sale of relevant products within an area of a description specified in the regulations.
Duration etc of licence
6 (1) The regulations may make provision about the duration, renewal, variation, suspension or revocation of licences.
(2) The provision that may be made under sub-paragraph (1) includes provision conferring power on a court by which a person is convicted of an offence under section 17 to vary, suspend or revoke a licence.
Publication of licence information
7 The regulations may make provision for the publication by a licensing authority of information relating to licences granted by the licensing authority.
Reviews and appeals
8 (1) The regulations must specify the circumstances in which a person may request a review of a decision taken under the regulations.
(2) The regulations must confer a right of appeal to the magistrates’ court against a decision taken on a review.
(3) The regulations may contain provision about time limits for requesting reviews or initiating appeals.
Guidance
9 The regulations may require a licensing authority, in carrying out functions under the regulations, to have regard to guidance published by the Secretary of State.
Sub-delegation
10 The regulations may confer discretions.
Interpretation
11 In this Schedule—
“grant” includes vary or renew;
“licence” means a personal licence or a premises licence;
“licensing authority” has the meaning given by paragraph 2;
“local authority” means—
a county council in England;
a district council in England;
a London borough council;
the Common Council of the City of London (in its capacity as a local authority), the Sub-Treasurer of the Inner Temple or the Under Treasurer of the Middle Temple;
the Council of the Isles of Scilly;
“personal licence” has the meaning given by section 16(8);
“premises licence” has the meaning given by section 16(8);
“relevant products” has the meaning given by section 16(8).

## Schedule 3 Retail licensing scheme: Wales {#schedule-3}

Section 19(6)
Introduction
1 This Schedule is about the provision that may be made by regulations under section 19(4).
Grant of licence
2 (1) The regulations may—
(a) prohibit a licensing authority from granting a licence unless satisfied as to a matter specified in the regulations;
(b) require a licensing authority to have regard, in deciding whether to grant a licence, to a matter specified in the regulations.
(2) The provision that may be made under sub-paragraph (1)(a) includes—
(a) provision prohibiting a licensing authority from granting a premises licence in respect of premises within an area of a description specified in the regulations;
(b) provision limiting the number of licensed premises within an area of a description specified in the regulations.
(3) The regulations may make provision requiring a licensing authority not to grant a premises licence unless the premises have been inspected in accordance with the regulations.
Licence fee
3 (1) The regulations may authorise a licensing authority to charge a fee in respect of an application for the grant of a licence (which may be set at a level that takes into account the cost of exercising functions under or in connection with sections 19 to 21 or the regulations).
(2) Any such fee must not exceed an amount specified in, or determined in accordance with, the regulations.
(3) The regulations may require a licensing authority to pay a proportion of any amount received by virtue of sub-paragraph (1) to any other person with functions under sections 19 to 21 or the regulations.
Licence conditions
4 (1) The regulations may make provision for the grant of a licence subject to conditions.
(2) Provision of the kind mentioned in sub-paragraph (1) may—
(a) enable a licensing authority to attach conditions to a licence;
(b) require a licensing authority to attach to a licence a condition specified in the regulations.
(3) The provision that may be made under sub-paragraph (1) includes provision prohibiting or restricting the sale of relevant products within an area of a description specified in the regulations.
Duration etc of licence
5 (1) The regulations may make provision about the duration, renewal, variation, suspension or revocation of licences.
(2) The provision that may be made under sub-paragraph (1) includes provision conferring power on a court by which a person is convicted of an offence under section 20 to vary, suspend or revoke a licence.
Publication of licence information
6 The regulations may make provision for the publication by a licensing authority of information relating to licences granted by the licensing authority.
Reviews and appeals
7 (1) The regulations must specify the circumstances in which a person may request a review of a decision taken under the regulations.
(2) The regulations must confer a right of appeal to the magistrates’ court against a decision taken on a review.
(3) The regulations may contain provision about time limits for requesting reviews or initiating appeals.
Guidance
8 The regulations may require a licensing authority, in carrying out functions under the regulations, to have regard to guidance published by the Welsh Ministers.
Sub-delegation
9 The regulations may confer discretions.
Interpretation
10 In this Schedule—
“grant” includes vary or renew;
“licence” means a personal licence or a premises licence;
“licensing authority”, in relation to the doing of things or the use of premises in a county or county borough in Wales, means the council of the county or county borough;
“personal licence” has the meaning given by section 19(8);
“premises licence” has the meaning given by section 19(8);
“relevant products” has the meaning given by section 19(8).

## Schedule 5 Handing over tobacco etc to underage people in Wales {#schedule-5}

Section 43
10 In the Welsh language text, after section 54 insert—
Pŵer i ymestyn y Bennod hon i gynhyrchion eraill
54A Caiff Gweinidogion Cymru drwy reoliadau ddiwygio’r Bennod hon at ddiben ymestyn unrhyw ddarpariaeth sy’n gymwys mewn perthynas â chynhyrchion tybaco i—
(a) dyfais o ddisgrifiad penodedig sy’n galluogi cynnyrch tybaco i gael ei ddefnyddio (er enghraifft, dyfais cynhesu tybaco neu bibell);
(b) eitem y bwriedir iddi ffurfio rhan o ddyfais o’r fath.
11 In the English language text, after section 54 insert—
Power to extend this Chapter to other products
54A (1) The Welsh Ministers may by regulations amend this Chapter for the purpose of extending any provision that applies in relation to a tobacco product to—
(a) a device of a specified description which enables a tobacco product to be consumed (for example, a heated tobacco device or pipe);
(b) an item which is intended to form part of such a device.
(2) Before making regulations under this section the Welsh Ministers must consult any persons the Welsh Ministers consider it appropriate to consult.
14 In the Welsh language text of section 123, in subsection (2), for “neu 50(2)” substitute “, 50(2) neu 54A”.
15 In the English language text of section 123, in subsection (2)(a), for “or 50(2)” substitute “, 50(2) or 54A”.

## Schedule 6 Part 1: consequential amendments commencing after 6 months {#schedule-6}

Section 44
Children and Young Persons Act 1933
1 The Children and Young Persons Act 1933 is amended as follows.
2 Omit sections 12A to 12D and the italic heading before those sections.
3 Omit section 102.
Children and Young Persons (Protection from Tobacco) Act 1991
4 The Children and Young Persons (Protection from Tobacco) Act 1991 is amended as follows.
5 Omit sections 3 and 3A.
6 (1) Section 4 is amended as follows.
(2) Omit subsection (2).
(3) In subsections (3) and (4) omit “or (2).”
(4) In the heading omit “and on vending machines”.
7 Omit section 5.
Tobacco Advertising and Promotion Act 2002
8 The Tobacco Advertising and Promotion Act 2002 is amended as follows.
9 Omit section 9.
10 In section 17, in subsection (1) omit “9(5),”.
Health Act 2006
11 The Health Act 2006 is amended as follows.
12 Omit Chapter 2 of Part 1.
13 (1) Section 79 is amended as follows.
(2) In subsection (4) omit paragraph (b).
(3) In subsection (4A) omit paragraph (b) (but not the “or” at the end).
Criminal Justice and Immigration Act 2008
14 In the Criminal Justice and Immigration Act 2008 omit section 143 and the italic heading before that section.
Regulatory Enforcement and Sanctions Act 2008
15 (1) Schedule 3 to the Regulatory Enforcement and Sanctions Act 2008 is amended as follows.
(2) At the appropriate place insert—
Tobacco and Vapes Act 2026, Parts 1, 5 and 6
.
(3) Omit the reference to section 92 of the Children and Families Act 2014.
Health Act 2009
16 The Health Act 2009 is amended as follows.
17 Omit section 22.
18 In Schedule 4 omit paragraph 1 and the italic heading before that paragraph.
Children and Families Act 2014
19 The Children and Families Act 2014 is amended as follows.
20 (1) Section 91 is amended as follows.
(2) In the heading omit “, nicotine products”.
(3) In subsection (1), for “, cigarette papers or a relevant nicotine product” substitute “or cigarette papers”.
(4) Omit subsection (5).
(5) Omit subsection (8).
21 Omit sections 92 and 93.
22 In section 135, in subsection (6) omit paragraph (d).
Tobacco and Related Products Regulations 2016 (S.I. 2016/507)
23 In the Tobacco and Related Products Regulations 2016 omit regulation 17.
Public Health (Wales) Act 2017 (anaw 2)
24 The Public Health (Wales) Act 2017 is amended as follows.
25 (1) Section 32 is amended as follows.
(2) In subsection (2)—
(a) in the Welsh language text, for “adran 12A o Ddeddf Plant a Phobl Ifanc 1933 (p.12)” substitute “adran 23 o Ddeddf Tybaco a Fêps 2026”;
(b) in the English language text, for “section 12A of the Children and Young Persons Act 1933 (c. 12)” substitute “section 23 of the Tobacco and Vapes Act 2026”.
(3) In subsection (3)—
(a) in the Welsh language text, for “adran 12B o Ddeddf Plant a Phobl Ifanc 1933 (p.12)” substitute “adran 28 o Ddeddf Tybaco a Fêps 2026”;
(b) the English language text, for “section 12B of the Children and Young Persons Act 1933 (c. 12)” substitute “section 28 of the Tobacco and Vapes Act 2026”.
26 Omit Chapter 3 of Part 3.
27 Omit section 54.
28 In Schedule 2 omit paragraph 17.
Digital Markets, Competition and Consumers Act 2024
29 In Schedule 15 to the Digital Markets, Competition and Consumers Act 2024, in Part 1, in the first part of the Table (Acts of Parliament), at the appropriate place (according to alphabetical order of Acts mentioned) insert—
Tobacco and Vapes Act 2026 | All public designated enforcers, other than— the Department for the Economy in Northern Ireland; the Department of Health in Northern Ireland; the Department for Infrastructure in Northern Ireland; an enforcement authority within the meaning of section 120(15) of the Communications Act 2003 (regulation of premium rate services); the Maritime and Coastguard Agency; the Office for the Traffic Commissioner; the Secretary of State. All private designated enforcers.

## Schedule 8 Alignment of definition of “vaping product” in Scottish legislation {#schedule-8}

Section 68
Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3)
1 The Tobacco and Primary Medical Services (Scotland) Act 2010 is amended as follows.
2 For the heading of Part 1 substitute “Tobacco, vaping and nicotine products”.
3 In the heading of Chapter 2 of Part 1, for “nicotine vapour” substitute “vaping”.
4 In section 10 (register of tobacco and nicotine vapour product retailers)—
(a) in subsection (1), for “nicotine vapour” substitute “vaping”;
(b) in the heading, for “nicotine vapour” substitute “vaping”.
5 In section 11 (application for registration and addition of premises etc.), in subsections (2)(b) and (c), (2A)(b) and (c), (3)(b), (4)(b) and (5), for “nicotine vapour”, in each place it occurs, substitute “vaping”.
6 In section 12 (certificates of registration), in subsection (2)(b) and (c), for “nicotine vapour” substitute “vaping”.
7 In section 13 (duty to notify registrar of changes), in subsection (1)(c), for “nicotine vapour” substitute “vaping”.
8 In section 14 (changes to and removal from register), in subsections (2), (3)(b) and (5)(b), for “nicotine vapour” substitute “vaping”.
9 In the italic heading before section 15, for “nicotine vapour” substitute “vaping”.
10 In section 15 (tobacco and nicotine vapour product banning orders)—
(a) in subsections (1), (2), (3), (4)(c) and (6), for “nicotine vapour” substitute “vaping”;
(b) in the heading, for “nicotine vapour” substitute “vaping”.
11 In section 16 (tobacco and nicotine vapour product banning orders: ancillary orders)—
(a) in subsections (1)(a) and (b), (2)(a)(i) and (ii) and (b)(i), (ii) and (iii), (3)(b), (4) and (5), for “nicotine vapour” substitute “vaping”;
(b) in the heading, for “nicotine vapour” substitute “vaping”.
12 In section 17 (tobacco and nicotine vapour product banning orders etc.: appeals)—
(a) in subsections (1) and (3), for “nicotine vapour” substitute “vaping”;
(b) in the heading, for “nicotine vapour” substitute “vaping”.
13 In section 18 (tobacco and nicotine vapour product banning orders etc.: notification to Scottish Ministers)—
(a) in subsection (1), for “nicotine vapour” substitute “vaping”;
(b) in the heading, for “nicotine vapour” substitute “vaping”.
14 In section 19 (tobacco and nicotine vapour product banning orders: display of notices)—
(a) in subsections (1)(a), (3)(a) and (c) and (4), for “nicotine vapour” substitute “vaping”;
(b) in the heading, for “nicotine vapour” substitute “vaping”.
15 In section 20 (offences relating to the register), in subsections (1), (2), (2A) and (4), for “nicotine vapour”, in each place it occurs, substitute “vaping”.
16 In the italic heading above section 21, for “nicotine vapour” substitute “vaping”.
17 In section 21 (public inspection of the register), in subsection (1)(b) and (c), for “nicotine vapour” substitute “vaping”.
18 In section 35 (interpretation), in subsection (1)—
(a) omit the definition of “nicotine vapour product business”;
(b) in the definition of “tobacco or nicotine vapour product business”, for “nicotine vapour” substitute “vaping” in both places;
(c) at the appropriate places insert—
“medical device” has the meaning given by the Medical Devices Regulations 2002 (S.I. 2002/618),
;
“medicinal product” has the meaning given by the Human Medicines Regulations 2012 (S.I. 2012/1916),
;
“vape” means—
a device which—
vaporises substances, other than tobacco, for the purpose of inhalation through a mouthpiece (whether or not it also vaporises tobacco), and
is not a medical device or a medicinal product, or
an item which is intended to form part of a device within paragraph (a) (including anything intended to be attached to it with a view to imparting flavour),
;
“vaping product” means—
a vape, or
a vaping substance,
;
“vaping product business” means a business involving the sale of vaping products by retail,
;
“vaping substance” means a substance, other than tobacco, that is intended to be vaporised by a vape,
;
“vaporises” includes aerosolises (and “vaporised” is to be construed accordingly).
19 Omit section 35A (meaning of “nicotine vapour product”).
Transitional provision
20 In any legislation passed at a time before this Schedule comes into force, and in any instrument or other document made before that time under or for the purposes of the Tobacco and Primary Medical Services (Scotland) Act 2010, any reference to a nicotine vapour product (within the meaning of section 35A of that Act before its repeal by this Schedule) is to be read, in relation to times after this Schedule comes into force, as a reference to a vaping product (within the meaning of section 35 of that Act).

## Schedule 9 Extension of retailer register etc: Scotland {#schedule-9}

Section 69
1 The Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) is amended as follows.
2 In the heading of Part 1, after “Tobacco,” insert “herbal smoking,”.
3 In the heading of Chapter 2 of Part 1, for “and vaping” substitute “, herbal smoking, vaping and nicotine”.
4 In section 10 (register of tobacco and nicotine vapour product retailers)—
(a) for subsection (1) substitute—
(1) The Scottish Ministers must keep a register (referred to in this Part as “the Register”) of persons carrying on one or more of the following (each of which is a “registrable business”)—
(a) a tobacco business,
(b) a herbal smoking product business,
(c) a vaping product business,
(d) a nicotine product business.
;
(b) after subsection (2) insert—
(3) References in this Chapter to a kind of registrable business are to a kind mentioned in subsection (1)(a), (b), (c) or (d).
(c) in the heading, for “and vaping” substitute “, herbal smoking, vaping and nicotine”.
5 (1) Section 11 (application for registration and addition of premises etc.) is amended as follows.
(2) In subsection (2)(b) and (c), for “tobacco or vaping product” substitute “registrable”.
(3) For subsection (2A) substitute—
(2A) An application under subsection (1) must state, in relation to each of the premises included in it, each kind of registrable business that the applicant proposes to carry on at the premises.
(4) In subsection (3)(b)—
(a) for “tobacco and vaping product banning order” substitute “banning order”;
(b) for “tobacco or vaping product business” substitute “registrable business”.
(5) For subsection (4)(b) substitute—
(b) the addresses of the premises at which the applicant proposes to carry on a registrable business, noting, in relation to each of the premises, each kind of registrable business that the applicant proposes to carry on at the premises, and
.
(6) For subsection (5) substitute—
(5) On granting an application under subsection (1)(b), the Scottish Ministers must amend the applicant’s entry in the Register so as to include the address of the further premises at which the applicant proposes to carry on a registrable business, noting, in relation to each of the premises, each kind of registrable business that the applicant proposes to carry on at the premises.
6 In section 12 (certificates of registration), for subsection (2) substitute—
(2) A certificate issued under subsection (1) must state each kind of registrable business noted in the applicant’s entry in the Register in relation to the premises.
7 In section 13 (duty to notify certain changes), in subsection (1), for paragraph (c) substitute—
(c) the fact that the person is no longer carrying on a herbal smoking product business at an address noted in the person’s entry in the Register,
(d) the fact that the person is no longer carrying on a vaping product business at an address noted in the person’s entry in the Register,
(e) the fact that the person is no longer carrying on a nicotine product business at an address noted in the person’s entry in the Register.
8 In section 14 (changes to and removal from register)—
(a) in subsection (2) omit “tobacco and vaping product”;
(b) in subsection (3)(b), for “tobacco or vaping product” substitute “registrable”;
(c) in subsection (5)(b), for “tobacco or vaping product” substitute “registrable”.
9 In the italic heading before section 15 omit “Tobacco and vaping product”.
10 In section 15 (tobacco and vaping product banning orders)—
(a) in subsections (1), (2) and (3), for “tobacco or vaping product” substitute “registrable”;
(b) in subsection (4)(c)—
(i) after “, tobacco products” insert “, herbal smoking products”;
(ii) for “or vaping products” substitute “, vaping products or nicotine products”;
(c) in subsection (6) omit “tobacco and vaping product”;
(d) in the heading omit “Tobacco and vaping product”.
11 In section 16 (tobacco and vaping product banning orders: ancillary orders)—
(a) in subsections (1)(a) and (b) omit “tobacco and vaping product”;
(b) in subsection (2)(a)(i) and (ii) and (b)(i), (ii) and (iii), for “tobacco or vaping product” substitute “registrable”;
(c) in subsections (3)(b), (4) and (5) omit “tobacco and vaping product”;
(d) in the heading omit “Tobacco and vaping product”.
12 In section 17 (tobacco and vaping product banning orders etc.: appeals)—
(a) in subsections (1) and (3) omit “tobacco and vaping product”;
(b) in the heading omit “Tobacco and vaping product”.
13 In section 18 (tobacco and vaping product banning orders etc.: notification to Scottish Ministers)—
(a) in subsection (1) omit “tobacco and vaping product”;
(b) in the heading omit “Tobacco and vaping product”.
14 In section 19 (tobacco and vaping product banning orders: display of notices)—
(a) in subsections (1)(a) and (3)(a) and (c) omit “tobacco and vaping product”;
(b) in subsection (4)—
(i) after “tobacco products” insert “, herbal smoking products”;
(ii) for “or vaping products” substitute “, vaping products or nicotine products”;
(c) in the heading omit “Tobacco and vaping product”.
15 In section 20 (offences relating to the register)—
(a) in subsection (1), for “tobacco or vaping product” substitute “registrable”;
(b) for subsections (2) and (2A) substitute—
(2) A registered person who carries on a registrable business at premises other than those noted in the person’s entry in the Register as premises at which the person carries on that kind of registrable business commits an offence.
;
(c) in subsection (4) omit “tobacco and vaping product”;
(d) in subsection (6)(a), in the words before sub-paragraph (i) omit “, (2A)”.
16 In the italic heading above section 21, for “and vaping” substitute “, herbal smoking, vaping and nicotine”.
17 In section 21 (public inspection of register), for subsection (1) substitute—
(1) On the basis of information contained in the Register, the Scottish Ministers must make available for public inspection a list of premises, specifying for each of those premises each kind of registrable business carried on or proposed to be carried on there.
18 In section 22 (council access to Register), in subsection (2), for “may by” substitute “may be”.
19 In section 35 (interpretation), in subsection (1)—
(a) omit the definitions of “tobacco or vaping product business” and “tobacco retailing banning order”;
(b) at the appropriate places insert—
“banning order” has the meaning given in section 15(6),
;
“herbal smoking product business” means a business involving the sale of herbal smoking products by retail,
;
“nicotine product business” means a business involving the sale of nicotine products by retail,
;
“registrable business” has the meaning given in section 10(1) (and references to a kind of registrable business have the meaning given in section 10(3)),
.

## Schedule 10 Extension of retailer register: Northern Ireland {#schedule-10}

Section 87
1 The Tobacco Retailers Act (Northern Ireland) 2014 (c. 4 (N.I.)) is amended as follows.
2 In the italic heading before section 1, after “tobacco” insert “, vaping product and nicotine product”.
3 In section 1 (register of tobacco retailers)—
(a) for subsection (1) substitute—
(1) The registration authority must, in accordance with the provisions of this Act, maintain a register (“the Register”) of persons carrying on one or more of the following (each of which is a “registrable business”)—
(a) a tobacco business;
(b) a vaping product business;
(c) a nicotine product business.
;
(b) in subsection (2)(a), for “tobacco” substitute “registrable”;
(c) after subsection (6) insert—
(7) References in this Act to a kind of registrable business are to a kind mentioned in subsection (1)(a), (b) or (c).
;
(d) in the heading, after “tobacco” insert “, vaping product and nicotine product”.
4 In section 2 (application for registration)—
(a) in subsection (1)—
(i) omit the “or” at the end of paragraph (a);
(ii) at the end of paragraph (b) insert
; or
(c) to add further kinds of registrable business in relation to premises the address of which is noted in the person’s entry in the Register.
;
(b) in subsection (2)—
(i) in paragraphs (b) and (c), for “tobacco” substitute “registrable”;
(ii) after paragraph (c) insert—
(ca) where it is an application under subsection (1)(a) or (b), state, in relation to each of the premises to which the application relates, each kind of registrable business that the applicant proposes to carry on at the premises;
(cb) where it is an application under subsection (1)(c), state, in relation to each of the premises to which the application relates, each further kind of registrable business that the applicant proposes to carry on at the premises;
;
(c) in subsection (5)—
(i) in paragraph (b), for “tobacco” substitute “registrable”;
(ii) after paragraph (b) insert—
(ba) in relation to each of those premises, each kind of registrable business that the applicant proposes to carry on at the premises;
;
(d) in subsection (6)—
(i) in paragraph (a), for “tobacco” substitute “registrable”;
(ii) after paragraph (a) insert—
(aa) in relation to each of those premises, each kind of registrable business that the applicant proposes to carry on at the premises;
;
(e) after subsection (6) insert—
(6A) On granting an application under subsection (1)(c) the registration authority must enter the following information in the Register—
(a) in relation to each of the premises to which the application relates, each further kind of registrable business the applicant proposes to carry on at the premises;
(b) any other information which the Department may direct the authority to include.
5 In section 3 (duty to notify certain changes), in subsection (1), after paragraph (b) insert
;
(c) the fact that the person is no longer carrying on a vaping product business at an address noted in the person’s entry in the Register;
(d) the fact that the person is no longer carrying on a nicotine product business at an address noted in the person’s entry in the Register.
6 In section 4 (changes to and removal from the Register), in subsections (3)(b) and (4)(b), for “tobacco” substitute “registrable”.
7 In section 10 (offences)—
(a) in subsection (1), for “tobacco” substitute “registrable”;
(b) for subsection (2) substitute—
(2) A registered person who carries on a registrable business at premises other than those noted in the person’s entry in the Register as premises at which the person proposes to carry on that kind of registrable business commits an offence.
8 In section 22 (interpretation), in subsection (1), at the appropriate places insert—
“nicotine product business” means a business involving the sale of nicotine products by retail;
;
““registrable business” has the meaning given in section 1(1) (and references to a kind of registrable business have the meaning given in section 1(7));
;
““vaping product business” means a business involving the sale of vaping products by retail;
.

## Schedule 11 Retail licensing scheme in Northern Ireland {#schedule-11}

Section 88(2)
In the Tobacco Retailers Act (Northern Ireland) 2014 (c. 4 (N.I.)), after section 26 insert—
Schedule 1
Retail licensing scheme
Section 4A(6)
Introduction
1 This Schedule is about the provision that may be made by regulations under section 4A(4).
Licensing authority
2 The regulations must specify a council (a “licensing authority”) which is to grant licences.
Grant of licence
3 (1) The regulations may—
(a) prohibit a licensing authority from granting a licence unless satisfied as to a matter specified in the regulations;
(b) require a licensing authority to have regard, in deciding whether to grant a licence, to a matter specified in the regulations.
(2) The provision that may be made under sub-paragraph (1)(a) includes—
(a) provision prohibiting a licensing authority from granting a premises licence in respect of premises within an area of a description specified in the regulations;
(b) provision limiting the number of licensed premises within an area of a description specified in the regulations.
(3) The regulations may make provision requiring a licensing authority not to grant a premises licence unless the premises have been inspected in accordance with the regulations.
Licence fee
4 (1) The regulations may authorise a licensing authority to charge a fee in respect of an application for the grant of a licence (which may be set at a level that takes into account the cost of exercising functions under or in connection with sections 4A to 4C or the regulations).
(2) Any such fee must not exceed an amount specified in, or determined in accordance with, the regulations.
(3) The regulations may make provision for the payment by a licensing authority of a proportion of any amount received by virtue of sub-paragraph (1) to any other person with functions under or in connection with sections 4A to 4C or the regulations.
Licence conditions
5 (1) The regulations may make provision for the grant of a licence subject to conditions.
(2) Provision of the kind mentioned in sub-paragraph (1) may—
(a) enable a licensing authority to attach conditions to a licence;
(b) require a licensing authority to attach to a licence a condition specified in the regulations.
(3) The provision that may be made under sub-paragraph (1) includes provision prohibiting or restricting the sale of relevant products within an area of a description specified in the regulations.
Duration etc of licence
6 (1) The regulations may make provision about the duration, renewal, variation, suspension or revocation of licences.
(2) The provision that may be made under sub-paragraph (1) includes provision conferring power on a court by which a person is convicted of an offence under section 4B to vary, suspend or revoke a licence.
Publication of licence information
7 The regulations may make provision for the publication by a licensing authority of information relating to licences granted by the licensing authority.
Reviews and appeals
8 (1) The regulations must specify the circumstances in which a person may request a review of a decision taken under the regulations.
(2) The regulations must confer a right of appeal to a magistrates’ court against a decision taken on a review.
(3) The regulations may contain provision about time limits for requesting reviews or initiating appeals.
Guidance
9 The regulations may require a licensing authority, in carrying out functions under the regulations, to have regard to guidance published by the Department.
Sub-delegation
10 The regulations may confer discretions.
Interpretation
11 In this Schedule—
“grant” includes vary or renew;
“licence” means a personal licence or a premises licence;
“licensing authority” has the meaning given by paragraph 2;
“personal licence” has the meaning given by section 4A(7);
“premises licence” has the meaning given by section 4A(7);
“relevant products” has the meaning given by section 4A(7).

## Schedule 12 Financial penalties for breach of retail licence conditions in Northern Ireland {#schedule-12}

Section 88(3)
After Schedule 1 to the Tobacco Retailers Act (Northern Ireland) 2014 (c. 4 (N.I.)) (inserted by Schedule 11 to this Act) insert—
Schedule 2
Financial penalties for breach of retail licence conditions
Section 4C(4)
Introduction
1 This Schedule makes further provision in connection with the imposition of financial penalties under section 4C.
Notices of intent
2 (1) A council must, before imposing a financial penalty on a person, give the person written notice (a “notice of intent”) of the proposed financial penalty.
(2) A notice of intent must specify—
(a) the amount of the proposed financial penalty,
(b) the reasons for proposing to impose the penalty,
(c) information about the right to make representations under paragraph 3, and
(d) the date by which any representations must be made.
(3) The date specified under sub-paragraph (2)(d) must be a date more than 28 days after the day on which the notice of intent is given to the person.
(4) The council may at any time withdraw the notice of intent, or amend it to reduce the amount of the proposed financial penalty, by giving written notice to the person.
Right to make representations
3 (1) A person who is given a notice of intent under paragraph 2 may make written representations to the council that issued the notice about the proposal to impose a financial penalty.
(2) Any representations must be made within the period (“the period for representations”) ending with the date specified under paragraph 2(2)(d).
Final notices
4 (1) After the end of the period for representations the council must decide whether to impose a financial penalty on the person.
(2) If the council decides to impose a financial penalty on the person, the council must give the person written notice (a “final notice”) imposing the penalty.
(3) A final notice must specify—
(a) the amount of the financial penalty,
(b) the reasons for imposing the penalty,
(c) the date by which the penalty must be paid,
(d) information about the right of appeal under paragraph 5, and
(e) the consequence of failure to comply with the final notice.
(4) The date specified under sub-paragraph (3)(c) must be a date more than 28 days after the day on which the final notice is given to the person.
(5) The council may at any time withdraw a final notice, or amend it to reduce the amount of the financial penalty, by giving written notice to the person.
(6) A final notice may not be given more than 28 days after the last day of the period for representations.
Appeals
5 (1) A person on whom a financial penalty is imposed under section 4C may appeal to the magistrates’ court against—
(a) the decision to impose the penalty, or
(b) the amount of the penalty.
(2) An appeal under this paragraph must be brought before the end of the period of 28 days beginning with the day after the day on which the final notice is given to the person in accordance with paragraph 4.
(3) On an appeal under this paragraph the magistrates’ court may confirm, reduce or cancel the penalty.
(4) If a person appeals under this paragraph, the final notice is suspended until the appeal is finally determined, withdrawn or abandoned.
Recovery
6 (1) This paragraph applies if a person fails to pay the whole or part of a financial penalty before the end of the period within which the person is required to pay the penalty.
(2) The council that imposed the financial penalty may recover the unpaid amount of the penalty as if it were payable under an order of a county court.
Use of proceeds
7 (1) A council may use any sums it receives in pursuance of final notices given under paragraph 4 (its “financial penalty receipts”) only for the purposes of its functions under this Act.
(2) A council must supply the Department with such information relating to its use of its financial penalty receipts as the Department may require.
(3) Regulations may make provision for what a council is to do with its financial penalty receipts—
(a) pending their being used for the purposes mentioned in sub-paragraph (1);
(b) if they are not used for those purposes within a period of time specified in the regulations and beginning with their receipt.
(4) The provision that may be made under sub-paragraph (3)(b) includes (in particular) provision for the payment of sums to a person (including the Department) other than the council.
(5) Regulations may make provision for accounting arrangements in respect of a council's financial penalty receipts.
(6) Before making regulations under this paragraph, the Department must consult—
(a) councils, and
(b) such other persons as the Department considers appropriate.

## Schedule 14 Part 3: consequential and other amendments commencing after 6 months {#schedule-14}

Section 90
Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26))
1 The Health and Personal Social Services (Northern Ireland) Order 1978 is amended as follows.
2 In the heading of Part 2 of that Order omit “to persons apparently under 18”.
3 Before Article 3 insert a new italic heading “Tobacco products etc”.
4 In Article 3(1), after “tobacco” insert “product, herbal smoking product”.
5 Omit Article 4.
6 In Article 5(1) and (2), after “tobacco” insert “products, herbal smoking products”.
7 In Article 6—
(a) for “this Part” substitute “Article 3 or 5”;
(b) in paragraphs (a) and (b), after “tobacco” insert “products, herbal smoking products”;
(c) in the words after paragraph (b), after “tobacco” insert “products or herbal smoking products”.
Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991 (S.I. 1991/2872 (N.I. 25))
8 The Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991 is amended as follows.
9 Omit Article 4.
10 Omit Article 4A.
11 (1) Article 5 is amended as follows.
(2) In paragraph (1)—
(a) for “tobacco is” substitute “tobacco products are”;
(b) after “the tobacco” insert “products”;
(c) after “sale of tobacco” insert “products”.
(3) Omit paragraph (2).
(4) In paragraphs (3) and (4) omit “or (2)”.
(5) In paragraph (6), for the definition of “tobacco” substitute—
“tobacco product” has the meaning given by Article 7 of the Health and Personal Social Services (Northern Ireland) Order 1978.
(6) In the heading omit “and on vending machines”.
12 Omit Article 6.
13 In Article 7 omit paragraphs (2) and (3).
Tobacco Retailers Act (Northern Ireland) 2014 (c. 4 (N.I.))
14 The Tobacco Retailers Act (Northern Ireland) 2014 is amended as follows.
15 In section 2, in subsection (3)(b), for “tobacco” substitute “a tobacco product or herbal smoking product”.
16 In section 4, in subsection (2)(b), for “tobacco” substitute “a tobacco product or herbal smoking product”.
17 In the italic heading before section 5, for “or nicotine” substitute “, vape or nicotine”.
18 (1) Section 5 is amended as follows.
(2) In subsection (1)(a) and (b), for “or nicotine” substitute “, vape or nicotine”.
(3) In subsection (4), for “of any tobacco, cigarette papers or nicotine products to any person” substitute
to any person of any one or more of the following—
(a) tobacco products;
(b) herbal smoking products;
(c) cigarette papers;
(d) vaping products;
(e) nicotine products.
(4) In subsection (5) omit “of tobacco, cigarette papers or nicotine products”.
(5) In subsection (8)(b)(i) and (ii), for “or nicotine” substitute “, vape or nicotine”.
(6) In subsection (13)(a), for “or nicotine” substitute “, vape or nicotine”.
(7) In subsection (14)—
(a) for “and section 6 “tobacco or nicotine offence”” substitute ““tobacco, vape or nicotine offence””;
(b) in paragraph (a), after “Article 3” insert “or 4H”;
(c) after paragraph (a) insert—
(aa) an offence committed under Article 4B or 4J of the Health and Personal Social Services (Northern Ireland) Order 1978 in respect of a machine kept on any premises (which are accordingly “the premises in relation to which the offence is committed”);
;
(d) omit paragraph (b);
(e) in paragraph (c), for “tobacco” substitute “a tobacco product or herbal smoking product”;
(f) at the end of paragraph (d) insert “or”;
(g) omit paragraphs (e), (g) and (h).
19 (1) Section 6 is amended as follows.
(2) In subsection (1)(a) and (b), for “or nicotine” substitute “, vape or nicotine”.
(3) In subsection (4)—
(a) in paragraphs (a) and (b), for “tobacco, cigarette papers or nicotine products” substitute “tobacco products, herbal smoking products, cigarette papers, vaping products or nicotine products”;
(b) in paragraphs (c) and (d), for “tobacco or nicotine products” substitute “tobacco products, herbal smoking products, cigarette papers, vaping products or nicotine products”.
(4) In subsection (6)(a) and (b), for “or nicotine” substitute “, vape or nicotine”.
(5) In subsection (7), for “or nicotine” substitute “, vape or nicotine”.
(6) For subsection (8) substitute—
(8) In this section “tobacco, vape or nicotine offence” means—
(a) an offence committed under Article 3 or 4H of the Health and Personal Social Services (Northern Ireland) Order 1978 on any premises (which are accordingly “the premises in relation to which the offence is committed”);
(b) an offence committed under Article 4B or 4J of the Health and Personal Social Services (Northern Ireland) Order 1978 in respect of a machine kept on any premises (which are accordingly “the premises in relation to which the offence is committed”);
(c) an offence relating to a tobacco product or herbal smoking product committed under section 170 or 170B of the Customs and Excise Management Act 1979 on any premises in Northern Ireland (which are accordingly “the premises in relation to which the offence is committed”);
(d) an offence committed under section 8F, 8G or 8H of the Tobacco Products Duty Act 1979 on any premises in Northern Ireland (which are accordingly “the premises in relation to which the offence is committed”); or
(e) an offence committed under section 10 in respect of any premises (which are accordingly “the premises in relation to which the offence is committed”).
20 In section 8, in subsection (4), for “tobacco, cigarette papers or nicotine products” substitute “tobacco products, herbal smoking products, cigarette papers, vaping products or nicotine products”.
21 (1) Section 9 (restricted premises orders: no tobacco in retail area) is amended as follows.
(2) In the heading, for “or nicotine products” substitute “, vaping products or nicotine products”.
(3) In subsection (2), for “tobacco, cigarette papers or nicotine products” substitute “tobacco products, herbal smoking products, cigarette papers, vaping products or nicotine products”.
(4) In subsection (3), for “tobacco, cigarette papers and nicotine products” substitute “tobacco products, herbal smoking products, cigarette papers, vaping products and nicotine products”.
22 In section 10, in subsection (4)(a), for “tobacco, cigarette papers or nicotine products” substitute “tobacco products, herbal smoking products, cigarette papers, vaping products or nicotine products”.
23 In section 11, in subsection (1)(a)—
(a) in sub-paragraph (ii), for “Article 3, 4 or 4A” substitute “any provision made by or under Part 2”;
(b) in sub-paragraph (iii) omit “4, 4A or”;
(c) omit sub-paragraphs (iv) and (v).
24 In section 12, in subsection (1)—
(a) in paragraph (b), for “Article 3, 4 or 4A” substitute “any provision made by or under Part 2”;
(b) in paragraph (c) omit “4, 4A or”;
(c) omit paragraphs (d) and (e).
25 (1) Section 16 is amended as follows.
(2) In subsection (1)(a) and (b), for “or nicotine” substitute “, vape or nicotine”.
(3) For subsection (3) substitute—
(3) In this section “tobacco, vape or nicotine offence” means an offence falling within section 5(14) or 6(8).
26 In section 22, in subsection (1)—
(a) omit the definition of “cigarettes”;
(b) for the definition of “nicotine product” substitute—
“nicotine product” has the meaning given by Article 7 of the Health and Personal Social Services (Northern Ireland) Order 1978;
;
(c) for the definition of “tobacco” substitute—
“tobacco product” has the meaning given by Article 7 of the Health and Personal Social Services (Northern Ireland) Order 1978;
;
(d) in the definition of “tobacco business”, for “tobacco” substitute “tobacco products, herbal smoking products”;
(e) at the appropriate places insert—
“cigarette papers” has the meaning given by Article 7 of the Health and Personal Social Services (Northern Ireland) Order 1978;
;
“filter” means a filter that is intended to be used when smoking a tobacco product or herbal smoking product (including a filter that forms part of, or that is intended to be inserted into, an item such as a cigarette holder or pipe);
;
“herbal smoking product” has the meaning given by Article 7 of the Health and Personal Social Services (Northern Ireland) Order 1978;
;
“vaping product” has the meaning given by Article 7 of the Health and Personal Social Services (Northern Ireland) Order 1978;
.
Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 (c. 26 (N.I.))
27 The Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 is amended as follows.
28 In the heading of Part 1, for “Sale or use” substitute “Use”.
29 Omit sections 1 to 4.
30 Omit sections 6 and 7.
Health Act 2009
31 In the Health Act 2009 omit section 23.
Digital Markets, Competition and Consumers Act 2024
32 (1) The Digital Markets, Competition and Consumers Act 2024 is amended as follows.
(2) In section 151 (consumer protection law: enforcers), in subsection (1), after paragraph (h) insert—
(ha) every district council in Northern Ireland;
.
(3) In Schedule 15 (consumer protection enactments), in Part 1, in the Table—
(a) in the entry relating to Article 5 of the Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991 (S.I. 1991/2872 (N.I. 25)), in column 2, in paragraph (1), before sub-paragraph (a) insert—
(aa) the Department for the Economy in Northern Ireland;
;
(b) in the entry relating to Articles 3 and 4 of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26))—
(i) in column 1, for “Articles 3 and 4” substitute “Part 2”;
(ii) in column 2, in paragraph (1), before sub-paragraph (a) insert—
(aa) the Department for the Economy in Northern Ireland;
.