For Article 7 of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) substitute—
Interpretation
Interpretation of Part 2
7 In this Part—
“cigarette papers” includes anything intended to be used for encasing tobacco products or herbal smoking products for the purpose of enabling them to be smoked;
“filter” means a filter that is intended to be used when smoking a tobacco product or herbal smoking product (including a filter that forms part of, or that is intended to be inserted into, an item such as a cigarette holder or pipe);
“herbal smoking product” means a product consisting wholly or partly of vegetable matter and intended to be smoked but not containing tobacco;
“medical device” has the meaning given by the Medical Devices Regulations 2002 (S.I. 2002/618);
“medicinal product” has the meaning given by the Human Medicines Regulations 2012 (S.I. 2012/1916);
“nicotine product” has the meaning given by Article 7A;
“premises” means any place (including a vehicle or moveable structure);
“retail packaging”, in relation to a thing, means the packaging in which it is, or is intended to be, presented for sale by retail;
“sell” means sell by retail;
“tobacco product” means a product consisting wholly or partly of tobacco and intended to be smoked, sniffed, sucked, chewed or consumed in any other way;
“tobacco related device” means—
a device, other than a vape, which enables a tobacco product to be consumed (for example, a heated tobacco device or pipe), or
an item which is intended to form part of such a device;
“tobacco retailer” means a person who carries on a business involving the sale of tobacco products by retail;
“vape” means—
a device which—
vaporises substances, other than tobacco, for the purpose of inhalation through a mouthpiece (whether or not it also vaporises tobacco), and
is not a medical device or a medicinal product, or
an item which is intended to form part of a device within paragraph (a) (including anything intended to be attached to it with a view to imparting flavour);
“vaping product” means—
a vape, or
a vaping substance;
“vaping substance” means a substance, other than tobacco, that is intended to be vaporised by a vape;
“vaporises” includes aerosolises;
“vehicle” means every type of vehicle, including a vessel, aircraft and hovercraft.
Meaning of nicotine product
7A (1) In this Part “nicotine product” means—
(a) a device which is intended to enable nicotine to be delivered into the human body,
(b) an item which is intended to form part of a device within sub-paragraph (a),
(c) nicotine, or any substance containing nicotine, which is intended to be delivered into the human body, or
(d) an item containing anything within sub-paragraph (c).
(2) But the following are not “nicotine products” for the purposes of this Article—
(a) a tobacco product;
(b) a herbal smoking product;
(c) cigarette papers;
(d) any device which is intended to be used for the consumption of tobacco products;
(e) a vaping product;
(f) a medical device;
(g) a medicinal product.
Schedule 10 amends the Tobacco Retailers Act (Northern Ireland) 2014 (c. 4 (N.I.)) to extend certain provisions about the registration of tobacco retailers so that they apply in relation to retailers of vaping products and nicotine products.
88 Prohibition of retail sales of tobacco products etc without a licence
(1) After section 4 of the Tobacco Retailers Act (Northern Ireland) 2014 (c. 4 (N.I.)) insert—
Licensing of retail sales of tobacco products etc
Prohibition of retail sales of tobacco products etc without a licence
4A (1) An individual must not do any of the following things except under the authority of and in accordance with a personal licence—
(a) sell relevant products;
(b) expose relevant products for sale;
(c) possess relevant products for the purpose of their sale (by the individual or another person).
(2) A person must not use or permit the use of premises for any of the following things except under the authority of and in accordance with a premises licence—
(a) the storage of relevant products for the purpose of their sale (by the person or another person);
(b) the exposure of relevant products for sale;
(c) the supply of relevant products to retail customers.
(3) Regulations may create exceptions to the prohibition in subsection (1) or (2).
(4) Regulations must make provision for and in connection with the grant of personal licences and premises licences.
(5) Before making regulations under this section the Department must consult any persons the Department considers it appropriate to consult.
(6) Schedule 1 makes further provision about regulations under subsection (4).
(7) In this section—
“grant” includes variation or renewal;
“licensing authority” has the meaning given by paragraph 2 of Schedule 1;
“personal licence” means a licence that is granted by a licensing authority and authorises an individual to do the things mentioned in subsection (1)(a), (b) and (c);
“premises licence” means a licence that is granted by a licensing authority and authorises the use of premises by a person for the things mentioned in subsection (2)(a), (b) and (c);
“relevant products” means—
tobacco products;
herbal smoking products;
cigarette papers;
vaping products;
nicotine products;
“sell” means sell by retail;
“supply” includes despatch.
Offences in connection with licences
4B (1) A person who breaches the prohibition in section 4A(1) or (2) commits an offence.
(2) A person commits an offence if—
(a) the person provides information to a licensing authority—
(i) in, or in connection with, an application for the grant of a personal licence or a premises licence, or
(ii) in pursuance of any other obligation imposed by or under regulations made under section 4A(4),
(b) the information is false or misleading in a material respect, and
(c) the person knows, or ought reasonably to know, that the information is false or misleading in a material respect.
(3) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(4) The court by which a person is convicted of an offence under subsection (1) may order the relevant products to which the offence relates, and any container for them, to be forfeited and either destroyed or dealt with in such other manner as the court may order.
(5) In this section—
“grant” includes variation or renewal;
“licensing authority” has the meaning given by paragraph 2 of Schedule 1;
“personal licence” has the meaning given by section 4A(7);
“premises licence” has the meaning given by section 4A(7);
“relevant product” has the meaning given by section 4A(7).
Financial penalties for breach of licence conditions
4C (1) A council may impose a financial penalty on a person if satisfied that—
(a) the person has breached a condition attached to a personal licence or a premises licence, and
(b) the breach of that condition does not constitute an offence under section 4B.
(2) The amount of the financial penalty must not exceed £2,500.
(3) Regulations may amend the amount specified in subsection (2) for the purpose of reflecting inflation.
(4) Schedule 2 makes further provision about the imposition of financial penalties under this section.
(5) In this section “personal licence” and “premises licence” have the meaning given by section 4A(7).
(2) Schedule 11 inserts new Schedule 1 to the Tobacco Retailers Act (Northern Ireland) 2014, relating to the grant of personal licences and premises licences.
(3) Schedule 12 inserts new Schedule 2 to the Tobacco Retailers Act (Northern Ireland) 2014, relating to the imposition of financial penalties.
(4) Schedule 13 contains consequential amendments relating to the licensing of retail sales of tobacco products etc.
(1) After Article 6A of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section 85 of this Act) insert—
Power to extend this Part
Power to extend this Part to other products
6B (1) The Department may by regulations amend this Part for the purpose of extending any provision that applies in relation to a tobacco product to—
(a) a filter that does not form part of a tobacco product or herbal smoking product;
(b) a tobacco related device.
(2) The Department may by regulations amend this Part for the purpose of extending to filters any provision made by Articles 4E to 4G in relation to a relevant oral tobacco product.
(3) Before making regulations under this Article the Department must consult any persons it considers it appropriate to consult.
(4) Regulations may not be made by the Department under this Article unless a draft of the regulations has been laid before and approved by a resolution of the Assembly.
(2) After section 21 of the Tobacco Retailers Act (Northern Ireland) 2014 (c. 4 (N.I.)) insert—
Power to extend Act to other products
21A (1) The Department may by regulations amend this Act for the purpose of extending any provision that applies in relation to a tobacco product to—
(a) a filter that does not form part of a tobacco product or herbal smoking product;
(b) a device of a specified description which enables a tobacco product to be consumed (for example, a heated tobacco device or pipe);
(c) an item which is intended to form part of such a device.
(2) Before making regulations under this section the Department must consult any persons the Department considers it appropriate to consult.
(3) In section 24 of that Act, in subsection (2), for “or 21(4) or (5)” substitute “, 21(4) or (5) or 21A”.
(1) See Schedule 14 for consequential amendments coming into force at the end of the period of 6 months beginning with the day on which this Act is passed.
(2) See Schedule 15 for consequential amendments coming into force on 1 January 2027.
In relation to times before 1 January 2027, Article 6A(2) of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section 85 of this Act) has effect as if it included a reference to an offence under Article 5 of the Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991 (S.I. 1991/2872 (N.I. 25)) (display of warning statements).
92 Power of officer of Revenue and Customs to seize and detain snus etc
(1) An officer of Revenue and Customs may, for the purpose of facilitating the exercise by an enforcement authority of any of its functions in relation to the enforcement of a relevant offence, seize any relevant oral tobacco products that have been imported and detain them for not more than 48 hours.
(2) Any products seized and detained under this section must be dealt with during their period of detention in such manner as the Commissioners for His Majesty’s Revenue and Customs may direct.
(3) For the purposes of calculating the 48-hour period mentioned in subsection (1) any period falling on a non-working day is to be disregarded.
(4) In this section—
“enforcement authority”—
in relation to England or Wales, means a local weights and measures authority;
in relation to Scotland, means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
in relation to Northern Ireland, means a district council;
“non-working day” means—
a Saturday or Sunday, or
a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom;
“relevant offence” means an offence under any of the following (which relate to possession of relevant oral tobacco products with intent to supply)—
section 9 (England and Wales);
section 9C of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) (Scotland);
Article 4G of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26));
“relevant oral tobacco product” means a tobacco product that—
is intended for oral use,
is not intended to be inhaled or chewed, and
consists wholly or partly of tobacco in powder or particulate form.
(1) The Secretary of State may by regulations amend section 92 for the purpose of extending it to a relevant offence that involves possession of a filter with intent to supply it to another in the course of business.
(2) In subsection (1)—
“filter” means a filter that is intended to be used when smoking a tobacco product or herbal smoking product (including a filter that forms part of, or that is intended to be inserted into, an item such as a cigarette holder or pipe);
“herbal smoking product” means a product consisting wholly or partly of vegetable matter and intended to be smoked but not containing tobacco;
“relevant offence” means an offence created by virtue of regulations under—
section 48(2),
section 34A(4) of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3), or
Article 6B(2) of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26));
“tobacco product” means a product consisting wholly or partly of tobacco and intended to be smoked, sniffed, sucked, chewed or consumed in any other way.
(3) Regulations under this section are subject to the affirmative resolution procedure.
(1) The Secretary of State may by regulations make provision about the retail packaging of—
(a) tobacco products;
(b) tobacco related devices;
(c) herbal smoking products;
(d) cigarette papers;
(e) filters;
(f) vaping products;
(g) nicotine products.
(2) The regulations may, in particular, impose prohibitions, requirements or limitations in relation to the production, importation or supply of such products in the course of business.
(3) Provision made by the regulations may, in particular, include provision about—
(a) the markings on packaging (including the use of branding, trademarks or logos);
(b) the information provided on packaging or otherwise supplied with a product;
(c) the appearance of packaging;
(d) the materials used for packaging;
(e) the texture of packaging;
(f) the size of packaging;
(g) the shape of packaging;
(h) the means by which packaging is opened;
(i) any features of packaging which could be used to distinguish between different brands;
(j) the number of individual products contained in an individual packet;
(k) the quantity of a product contained in an individual packet.
(4) Regulations under this section are subject to the affirmative resolution procedure.
(1) The Secretary of State may by regulations make provision about—
(a) the markings on—
(i) tobacco products,
(ii) tobacco related devices,
(iii) herbal smoking products,
(iv) cigarette papers,
(v) filters;
(vi) vaping products, or
(vii) nicotine products,
including the use of branding, trademarks or logos;
(b) the information provided on such products;
(c) the appearance of such products;
(d) the size of such products or their components;
(e) the shape of such products;
(f) any features of such products which could be used to distinguish between different brands;
(g) any technological features of a tobacco related device or vaping product.
(2) The regulations may, in particular, impose prohibitions, requirements or limitations in relation to the production, importation or supply of such products in the course of business.
(3) Regulations under subsection (1)(g) may include provision about software for use in connection with technological features to which the regulations relate.
(4) Regulations under this section are subject to the affirmative resolution procedure.
(1) The Secretary of State may by regulations make provision about—
(a) the substances that may be included in a relevant product or the amount of any given substance that may be included;
(b) the flavour of relevant products;
(c) any product intended to be used in connection with a relevant product with a view to imparting flavour.
(2) In this section “relevant products” means—
(a) tobacco products,
(b) tobacco related devices,
(c) herbal smoking products,
(d) cigarette papers,
(e) filters,
(f) vaping products, or
(g) nicotine products.
(3) The regulations may, in particular, impose prohibitions, requirements or limitations in relation to the production, importation or supply of such products in the course of business.
(4) The regulations may, in particular, make provision about how the flavour of a product is to be determined, including provision for a determination to be made by a person authorised for the purpose by the Secretary of State.
(5) Regulations under this section are subject to the affirmative resolution procedure.
97 Substances released into human body and emissions
(1) The Secretary of State may by regulations make provision about the nature and amount of the substances that may be released into the body of a person using or of the emissions that may be released by—
(a) tobacco products;
(b) tobacco related devices;
(c) herbal smoking products;
(d) cigarette papers;
(e) filters;
(f) vaping products;
(g) nicotine products.
(2) The regulations may, in particular, impose prohibitions, requirements or limitations in relation to the production, importation or supply of such products in the course of business.
(3) The regulations may, in particular, make provision about how the nature and amount of substances or emissions released by a product are to be determined, including provision for a determination to be made by a person authorised for the purpose by the Secretary of State.
(4) Regulations under this section are subject to the affirmative resolution procedure.
(1) The Secretary of State may by regulations prohibit a person from doing the following in the course of business—
(a) publishing an image of the retail packaging of a relevant product from which it is possible to tell that the requirements of regulations under section 94 have not been complied with;
(b) publishing an image of a relevant product from which it is possible to tell that the requirements of regulations under section 95 have not been complied with;
(c) causing the publication of an image of the kind mentioned in paragraph (a) or (b).
(2) In this section “relevant product” means—
(a) a tobacco product,
(b) a tobacco related device,
(c) a herbal smoking product,
(d) cigarette papers,
(e) filters,
(f) a vaping product, or
(g) a nicotine product.
(3) Regulations under this section are subject to the affirmative resolution procedure.
(1) The Secretary of State may by regulations make provision for the establishment of a register of—
(a) tobacco products;
(b) tobacco related devices;
(c) herbal smoking products;
(d) cigarette papers;
(e) filters;
(f) vaping products;
(g) nicotine products.
(2) The regulations may impose prohibitions or limitations on the supply of an unregistered product in the course of business.
(3) The regulations may, in particular, make provision—
(a) about who is to keep the register;
(b) about eligibility for registration or continued registration;
(c) requiring a person to provide the registrar with information that relates to the product or producer;
(d) about the content of the register;
(e) about the expiry, renewal, cancellation or suspension of a product’s registration;
(f) about the publication of the register;
(g) for fees to be payable in respect of registration or continued registration (which may be set at a level that takes into account the cost of exercising functions under or in connection with any regulations under this Part).
(4) Regulations made by virtue of subsection (3)(c) may, in particular, require the provision of—
(a) the reasons for an ingredient’s inclusion in the product;
(b) images (for example, an image of the product or its label or packaging);
(c) information relevant to any risks or suspected risks to human health or safety posed by the product;
(d) information about substances released into the body of a person using the product or about the emissions released by the product;
(e) information about the producer’s operations;
(f) information about any individual nominated by the producer in accordance with regulations under section 102 (responsible person).
(5) Regulations made by virtue of subsection (3)(g) may include provision about the use of fee income (including provision authorising its retention or payment into the Consolidated Fund).
(6) Regulations under this section are subject to the affirmative resolution procedure.
(1) The Secretary of State may by regulations—
(a) require a producer or importer of any of the following products to provide information that relates to the product or its producer to a person specified in the regulations—
(i) tobacco products;
(ii) tobacco related devices;
(iii) herbal smoking products;
(iv) cigarette papers;
(v) filters;
(vi) vaping products;
(vii) nicotine products;
(b) make provision about the publication of information provided under the regulations.
(2) The regulations may, in particular, require the provision of—
(a) any information of a kind mentioned in section 99(4)(a) to (f);
(b) sales data or market research relating to the product.
(3) The regulations may, in particular, make provision about when and how information must be provided.
(4) Regulations under this section are subject to the affirmative resolution procedure.
(1) The Secretary of State may by regulations require a producer of a relevant product—
(a) to carry out a study in relation to the product or an ingredient in it, and
(b) to submit a report on the results of the study to a person specified in the regulations.
(2) In this section “relevant product” means—
(a) a tobacco product,
(b) a tobacco related device,
(c) a herbal smoking product,
(d) cigarette papers,
(e) filters,
(f) a vaping product, or
(g) a nicotine product.
(3) The regulations may, in particular, make provision about—
(a) when and how a study is to be carried out and a report submitted;
(b) the questions that a study must address;
(c) the content and structure of a report.
(4) Regulations under this section are subject to the affirmative resolution procedure.
(1) The Secretary of State may by regulations require a producer of any of the following to nominate an individual to be responsible for information that is, or that has to be, provided to a person in accordance with regulations under sections 99 to 101—
(a) tobacco products,
(b) tobacco related devices,
(c) herbal smoking products,
(d) cigarette papers,
(e) filters,
(f) vaping products, or
(g) nicotine products.
(2) The regulations may, in particular, make provision about who is eligible to be nominated, including provision requiring a nominee to be resident in, or to have another connection to, the United Kingdom.
(3) The regulations must prohibit a producer from nominating an individual without the individual’s consent.
(4) Regulations under this section are subject to the affirmative resolution procedure.
(1) The Secretary of State may by regulations require a person specified in the regulations to carry out tests with a view to determining whether a product complies with a requirement imposed by regulations under this Part.
(2) The regulations may, in particular, make provision—
(a) about how and when tests are to be carried out;
(b) about who may carry out tests on behalf of the person specified under subsection (1);
(c) about the selection of products for testing;
(d) about the provision of samples by producers;
(e) for charges to be payable in respect of tests (which may be set at a level that takes into account the cost of exercising functions under or in connection with any regulations under this Part).
(3) Regulations made by virtue of subsection (2)(e) may include provision about the use of charges received (including provision authorising its retention or payment into the Consolidated Fund).
(4) Regulations under this section are subject to the affirmative resolution procedure.
(1) The Secretary of State may, for the purpose of minimising the risks to human health and safety posed by relevant products, make regulations—
(a) requiring producers or importers to have processes in place for collecting information about the effect of their products on human health and safety;
(b) conferring power on the Secretary of State, in circumstances specified in the regulations, to—
(i) impose a prohibition or limitation on the supply of a product by a producer or importer;
(ii) require a producer or importer to recall a product.
(2) In this section “relevant products” means—
(a) tobacco products,
(b) tobacco related devices,
(c) herbal smoking products,
(d) cigarette papers,
(e) filters,
(f) vaping products, or
(g) nicotine products.
(3) Regulations under this section are subject to the affirmative resolution procedure.
(1) The Secretary of State may by regulations make provision—
(a) that is similar to or that corresponds to any provision of the Tobacco and Related Products Regulations 2016 (S.I. 2016/507), other than Part 7 of those Regulations, or
(b) that applies a provision of those Regulations, with or without modifications, to any of the following to which it would not otherwise apply—
(i) tobacco products,
(ii) tobacco related devices,
(iii) herbal smoking products,
(iv) cigarette papers,
(v) filters,
(vi) vaping products, or
(vii) nicotine products,
so far as that provision could not otherwise be made under this Part.
(2) The reference in subsection (1) to the Tobacco and Related Products Regulations 2016 (S.I. 2016/507) is to that instrument as it has effect on the day on which this Act is passed.
(3) Regulations under this section are subject to the affirmative resolution procedure.
The Tobacco and Related Products Regulations 2016 (S.I. 2016/507), so far as they contain provision that could be made under a regulation-making power conferred by this Part, are treated for the purposes of section 14 of the Interpretation Act 1978 (implied power to amend or revoke) as having been made under that power.
(1) Regulations under this Part may create an offence in relation to a failure to comply with the regulations.
(2) Regulations under sections 99 to 101 may create an offence in relation to the provision of false or misleading information to a person in purported compliance with an obligation under the regulations.
(3) Regulations under section 102 may provide that, if a producer commits an offence by reason of—
(a) a failure to provide information required by regulations under sections 99 to 101, or
(b) the provision of false or misleading information to a person in purported compliance with an obligation under such regulations,
the offence is also committed by the person nominated by the producer in accordance with regulations under section 102.
(4) Subsection (3) does not limit the power to create offences by virtue of subsections (1) and (2) (and, in particular, to make others liable for offences committed by a body).
(5) Regulations under this Part creating an offence—
(a) may provide for it to be punishable with a term of imprisonment or a fine (or both);
(b) may not provide for the maximum term of imprisonment to exceed 2 years.
(1) Regulations under this Part may include provision about enforcement.
(2) The provision that may be made about enforcement includes—
(a) provision conferring functions on the relevant enforcement authorities;
(b) provision for the appropriate national authority to—
(i) direct, in relation to cases of a particular description or a particular case, that any function conferred on a relevant enforcement authority by virtue of the regulations is to be carried out by the appropriate national authority and not by the relevant enforcement authority;
(ii) take over the conduct of any proceedings from a relevant enforcement authority in respect of an offence under this Part.
(3) The provision that may be made about enforcement includes—
(a) provision conferring on a relevant enforcement authority the power to prohibit a person, for a period of up to 6 months, from supplying a product, if the authority has reasonable grounds to suspect that there has been a breach of regulations under this Part in relation to that product;
(b) provision for the forfeiture of products—
(i) in England and Wales or Northern Ireland, by court order;
(ii) in Scotland, by order of a sheriff;
(c) provision similar or corresponding to section 92 (HMRC seizure powers).
(4) Provision made by virtue of subsection (3)(a) may include—
(a) provision for compensation to be payable by a relevant enforcement authority in specified circumstances;
(b) provision about the resolution of disputes about compensation.
(5) Regulations under this section may include provision conferring jurisdiction on a court or tribunal, including—
(a) provision conferring jurisdiction to order a person to reimburse a relevant enforcement authority’s expenditure in specified circumstances;
(b) provision about appeals.
(6) In this section—
“appropriate national authority” means—
in relation to England, the Secretary of State,
in relation to Wales, the Welsh Ministers,
in relation to Scotland, the Scottish Ministers, and
in relation to Northern Ireland, the Department of Health;
“relevant enforcement authority” means—
in relation to England, a local weights and measures authority,
in relation to Wales, a local weights and measures authority,
in relation to Scotland, a local weights and measures authority, and
in relation to Northern Ireland, a district council;
“supplying” includes—
agreeing to supply;
offering or exposing for supply.
(1) Regulations under this Part may include provision binding the Crown.
(2) Regulations under this Part which include provision binding the Crown—
(a) must provide that the Crown is not criminally liable as a result of any such provision, and
(b) may confer power on the High Court in England and Wales or Northern Ireland, or the Court of Session in Scotland, to declare unlawful any act or omission for which the Crown would be criminally liable if it were not for provision made by virtue of paragraph (a).
(3) Provision made by virtue of subsection (2)(b) which confers power on the Court of Session to make a declaration must provide that such a declaration may only be made on an application by the Scottish Ministers or a local weights and measures authority in Scotland.
(4) Provision made by virtue of this section does not affect the application of regulations under this Part in relation to persons in the public service of the Crown.
The consequential provision that may be made by regulations under this Part by virtue of section 172(1)(a) includes provision amending, repealing or revoking any legislation (whenever passed or made).
In Schedule 15 to the Digital Markets, Competition and Consumers Act 2024 (consumer protection enactments), in Part 1—
(a) in the second part of the Table (secondary legislation) at the appropriate place insert—
The Tobacco and Related Products Regulations 2016 (S.I. 2016/507) | All public designated enforcers, other than— the Department for the Economy in Northern Ireland; the Department of Health in Northern Ireland; the Department for Infrastructure in Northern Ireland; an enforcement authority within the meaning of section 120(15) of the Communications Act 2003 (regulation of premium rate services); the Maritime and Coastguard Agency; the Office for the Traffic Commissioner; the Secretary of State. All private enforcers.
;
(b) in the fifth part of the Table (saved legislation) omit the entry for the Tobacco Products (Manufacture, Presentation and Sale) (Safety) Regulations 2002 (S.I. 2002/3041).
Before making regulations under this Part the Secretary of State must obtain the consent of—
(a) the Welsh Ministers, if the regulations contain provision which would be within the legislative competence of Senedd Cymru if contained in an Act of the Senedd;
(b) the Scottish Ministers, if the regulations contain provision which would be within the legislative competence of the Scottish Parliament if contained in an Act of the Scottish Parliament;
(c) the Executive Office in Northern Ireland, if the regulations contain provision which—
(i) would be within the legislative competence of the Northern Ireland Assembly if contained in an Act of the Assembly, and
(ii) would not, if it were contained in a Bill for an Act of the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.
In this Part—
“cigarette papers” includes anything intended to be used for encasing tobacco products or herbal smoking products for the purpose of enabling them to be smoked;
“filter” means a filter that is intended to be used when smoking a tobacco product or herbal smoking product (including a filter that forms part of, or that is intended to be inserted into, an item such as a cigarette holder or pipe);
“herbal smoking product” means a product consisting wholly or partly of vegetable matter and intended to be smoked but not containing tobacco;
“importer”, in relation to a product, means a person who imports the product into the United Kingdom in the course of business;
“medical device” has the meaning given by the Medical Devices Regulations 2002 (S.I. 2002/618);
“medicinal product” has the meaning given by the Human Medicines Regulations 2012 (S.I. 2012/1916);
“nicotine product” has the meaning given by section 117;
“packaging”, in relation to a product, means—
the external packaging of the product (including any wrapper),
the internal packaging of the product, or
any other material attached to or included with the product or anything within paragraph (a) or (b);
“production”, in relation to a product, means—
the manufacture of the product, or
the putting of a name, trademark or other distinguishing mark on the product by a person, the effect of which is to hold the person out as being the manufacturer of the product;
(whether in the United Kingdom or elsewhere);
“retail packaging”, in relation to a product, means the packaging in which it is, or is intended to be, presented for sale by retail;
“supply”, in relation to a product, includes—
offering or agreeing to supply it, or
exposing or possessing it for supply;
“tobacco product” means a product consisting wholly or partly of tobacco and intended to be smoked, sniffed, sucked, chewed or consumed in any other way;
“tobacco related device” means—
a device, other than a vape, which enables a tobacco product to be consumed (for example, a heated tobacco device or pipe), or
an item which is intended to form part of a device within paragraph (a);
“vape” means—
a device which—
vaporises substances, other than tobacco, for the purpose of inhalation through a mouthpiece (whether or not it also vaporises tobacco), and
is not a medical device or a medicinal product, or
an item which is intended to form part of a device within paragraph (a) (including anything intended to be attached to it with a view to imparting flavour);
“vaping product” means—
a vape, or
a vaping substance;
“vaping substance” means a substance, other than tobacco, that is intended to be vaporised by a vape;
“vaporises” includes aerosolises (and “vaporised” is to be construed accordingly).
(1) In this Part “nicotine product” means—
(a) a device which is intended to enable nicotine to be delivered into the human body,
(b) an item which is intended to form part of a device within paragraph (a),
(c) nicotine, or any substance containing nicotine, which is intended to be delivered into the human body, or
(d) an item containing anything within paragraph (c).
(2) But the following are not “nicotine products” for the purposes of this section—
(a) a tobacco product;
(b) a herbal smoking product;
(c) cigarette papers;
(d) any device which is intended to be used for the consumption of tobacco products or herbal smoking products;
(e) a vaping product;
(f) a medical device;
(g) a medicinal product.
131 Sponsorship: vaping and nicotine and other products
(1) A person commits an offence if—
(a) the person is party to an agreement entered into on or after the day on which this section comes into force,
(b) under the agreement, a party to it, acting in the course of business, makes a contribution towards something,
(c) the purpose of anything done on or after the specified date as a result of the agreement is, or its effect will be, to promote in the United Kingdom—
(i) a herbal smoking product,
(ii) cigarette papers,
(iii) a vaping product, or
(iv) a nicotine product, and
(d) the person knew or had reason to suspect—
(i) that the contribution referred to in paragraph (b) was made in the course of business, and
(ii) that the action referred to in paragraph (c) had that purpose or would have that effect.
(2) A person who commits an offence under this section is liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both;
(b) on summary conviction—
(i) in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;
(ii) in Scotland, to imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both;
(iii) in Northern Ireland, to imprisonment for a term not exceeding 6 months, or a fine not exceeding the statutory maximum, or both.
(3) In subsection (1) “specified date” means a date specified by the Secretary of State by regulations.
138 Alignment of definition of “tobacco product” in old legislation
In section 1 of the Tobacco Advertising and Promotion Act 2002 (interpretation), for the definition of “tobacco product” substitute—
“tobacco product” means a product consisting wholly or partly of tobacco and intended to be smoked, sniffed, sucked, chewed or consumed in any other way.
(1) This Part and regulations made under it bind the Crown.
(2) Nothing in this Part or regulations made under it makes the Crown criminally liable.
(3) The High Court in England and Wales or Northern Ireland, or the Court of Session in Scotland, may declare unlawful any act or omission for which the Crown would be criminally liable if it were not for subsection (2).
(4) The power of the Court of Session to make a declaration under subsection (3) may only be made on an application by—
(a) the Scottish Ministers, or
(b) a local weights and measures authority in Scotland.
(5) Subsection (2) does not affect the criminal liability of persons in the service of the Crown.
In this Part—
“cigarette papers” has the meaning given by section 116;
“distributes” includes making available;
“enforcement authority” has the meaning given by section 135(2);
“filter” has the meaning given by section 116;
“herbal smoking product” has the meaning given by section 116;
“nicotine product” has the meaning given by section 117;
“tobacco product” has the meaning given by section 116;
“vaping product” has the meaning given by section 116.
(1) The Secretary of State must—
(a) carry out a review of the operation of this Act during the relevant period, and
(b) prepare and lay before Parliament a report setting out the conclusions of that review.
(2) In carrying out the review the Secretary of State must, in particular—
(a) consider any evidence as to the economic or health impacts of the Act, and
(b) consult—
(i) the Welsh Ministers,
(ii) the Scottish Ministers, and
(iii) the Department of Health in Northern Ireland.
(3) In this section “the relevant period” means such period as the Secretary of State considers appropriate being a period of not less than 4 years, nor more than 7 years, beginning with the day on which this Act is passed.
To the extent that this Act or regulations made under it would not (but for this section) apply in relation to the Parliamentary Estate, they do so apply.
168 Power of Secretary of State to make consequential provision
(1) The Secretary of State may by regulations make provision that is consequential on this Act.
(2) Regulations under this section may amend, repeal or revoke legislation passed or made before, or in the same Session as, this Act (including provision made by this Act).
(3) Regulations under this section that amend, repeal or revoke primary legislation are subject to the affirmative resolution procedure.
(4) Any other regulations under this section are subject to the negative resolution procedure.
(5) In this section “primary legislation” means—
(a) an Act of Parliament,
(b) an Act of the Scottish Parliament,
(c) an Act or Measure of Senedd Cymru, or
(d) Northern Ireland legislation.
169 Power of Scottish Ministers to make consequential provision
(1) The Scottish Ministers may by regulations make provision that is consequential on any of the following—
(a) Part 2 (sale and distribution);
(b) sections 148 to 152 and Schedule 18 (smoke-free places, vape-free places and other free-from places: Scotland).
(2) Regulations under this section may amend, repeal or revoke provision made by or under—
(a) an Act passed—
(i) before this Act, or
(ii) later in the same session of Parliament as this Act, or
(b) an Act of the Scottish Parliament passed before this Act.
(3) Regulations under this section that amend or repeal provision made by an Act of the Scottish Parliament, or an Act, are subject to the affirmative resolution procedure.
(4) Any other regulations under this section are subject to the negative resolution procedure.