Tobacco and Vapes Act 2026

Schedule 8 Alignment of definition of “vaping product” in Scottish legislation

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).