Tobacco and Vapes Act 2026

Schedule 14 Part 3: consequential and other amendments commencing after 6 months

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; .