170 Power of Welsh Ministers to make consequential provision
(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
(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.
(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.
(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).
(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.
(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.
(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.
(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.
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).
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
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
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
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
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
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
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
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
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;
.