United Kingdom · statute
Ask the law about thisMore laws of United KingdomFor machines: Markdown
In force since 2026-10-29, as the publisher states.
Copy read on 2026-11-08. The page it was read from
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
sha256 da030511ff23f9339852d1426101f5b9d86e352e0e02dd4a33d38898bc234000
No one has proposed a change to this act yet.
(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.
Propose a changeSections 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).
Propose a change(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).
Propose a change(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.
Propose a change(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.
Propose a change(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.
Propose a changeIn 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.
Propose a change(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.
Propose a change(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; .
Propose a change(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”.
Propose a changeOmit section 7 of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) (confiscation of tobacco products from people under 18).
Propose a change(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, .
Propose a change(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”.
Propose a changeAfter 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.
Propose a changeAfter 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.
Propose a change(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.
Propose a change(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).
Propose a changeBefore 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.
Propose a change(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).
Propose a change(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) .
Propose a change(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.
Propose a change(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”.
Propose a changeIn 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, .
Propose a changeSchedule 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.
Propose a changeSchedule 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.
Propose a changeIn 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”.
Propose a change(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 .
Propose a changeFor 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.
Propose a changeAfter 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.
Propose a changeAfter 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.
Propose a changeAfter 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.
Propose a changeAfter 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.
Propose a changeAfter 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.
Propose a change(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.
Propose a changeAfter 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.
Propose a change(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”.
Propose a changeAfter 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.
Propose a changeAfter 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.
Propose a changeAfter 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.
Propose a changeBefore 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.
Propose a change