Legalize / United Kingdom / Public General Act

Tobacco and Vapes Act 2026

Type Public General Act

Publication 2026-04-29

Last updated 2026-07-21

State In force

Department Statute Law Database

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

Part 1 — Sale and distribution: England and Wales

Sale of tobacco etc

1

(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;

(2) It is a defence for a person charged with an offence under this section to prove—

(a) that they took such steps as may be specified in regulations made by the Secretary of State 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) Before making regulations under subsection (2)(a) 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.

(4) Regulations under subsection (2)(a) are subject to the affirmative resolution procedure.

(5) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Purchase of tobacco etc on behalf of others

2

(1) It is an offence for a person aged 18 or over to buy, or attempt to buy, any of the following on behalf of a person born on or after 1 January 2009—

(a) a tobacco product;

(b) a herbal smoking product;

(2) It is a defence for a person charged with an offence under this section to prove that they had no reason to suspect that the other person was born on or after 1 January 2009.

(3) It is a defence for a person charged with an offence under this section in respect of cigarette papers to prove that they had no reason to suspect that the other person intended to use the papers for smoking.

(4) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Tobacco vending machines

3

(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 who commits an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(3) In this section “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

Sale of unpackaged cigarettes

4

(1) It is an offence for a tobacco retailer to sell cigarettes that are not in their original packaging.

(2) A person who commits an offence under this section 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 tobacco retailer for the purpose of sale.

Age of sale notice at point of sale: England

5

(1) A tobacco retailer who sells tobacco products on premises in England must display an age of sale notice on those premises.

(2) For the purposes of this section 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 Secretary of State as to the size or appearance of—

(a) the statement to be displayed on the notice, or

(b) any other aspect of the notice.

(5) Regulations under subsection (4) are subject to the negative resolution procedure.

(6) A person who fails to display an age of sale notice as required by this section commits an offence.

(7) 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.

(8) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Age of sale notice at point of sale: Wales

6

(1) A tobacco retailer who sells tobacco products on premises in Wales must display an age of sale notice on those premises.

(2) For the purposes of this section an “age of sale notice” is a notice containing both the following statements—

It is illegal to sell tobacco products to anyone born on or after 1 January 2009

Mae’n anghyfreithlon gwerthu cynhyrchion tybaco i unrhyw un a anwyd ar neu ar ôl 1 Ionawr 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 Welsh Ministers as to the size or appearance of—

(a) the statement to be displayed on the notice, or

(b) any other aspect of the notice.

(5) Regulations under subsection (4) are subject to the negative resolution procedure.

(6) A person who fails to display an age of sale notice as required by this section commits an offence.

(7) 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.

(8) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Snus etc

Ban on manufacture of snus etc

7

(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

(3) A person who commits an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.

Ban on sales of snus etc

8

(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 7 (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 who commits an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.

Possession of snus etc with intent to supply

9

(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 7 (2).

(3) A person who commits an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.

Sale of vaping and nicotine products etc

Sale of vaping or nicotine products to under 18s

10

(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 section to prove—

(a) that they took such steps as may be specified in regulations made by the Secretary of State 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) Before making regulations under subsection (2)(a) 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.

(4) Regulations under subsection (2)(a) are subject to the affirmative resolution procedure.

(5) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Purchase of vaping or nicotine products on behalf of under 18s

11

(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 section to prove that they had no reason to suspect that the other person was under the age of 18.

(3) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Vaping and nicotine product vending machines

12

(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) But subsection (1) does not apply in relation to a vape vending machine made available for use in a mental health hospital if the machine is in an area that is intended wholly or mainly for inpatients.

(3) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(4) In this section—

“mental health hospital” means an institution (or part of an institution) maintained wholly or mainly for the reception and treatment of inpatients who— are aged 18 or over, and are suffering from mental disorder (within the meaning of the Mental Health Act 1983);

“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.

Displays of products or prices

Displays of products or prices in England

13

(1) The Secretary of State 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 in England where the products are offered for sale;

(b) the display, in the course of business, of empty retail packaging of relevant products in a place in England where the products are offered for sale;

(c) the display, in the course of business, of prices of relevant products in a place in England where the products are offered for sale.

(2) In subsection (1) “relevant products” means—

(a) tobacco products,

(b) tobacco related devices,

(d) cigarette papers,

(e) vaping products, or

(f) 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 either way and punishable—

(a) on summary conviction, by imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, 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 section the Secretary of State must consult any persons the Secretary of State considers it appropriate to consult.

(7) Regulations under this section are subject to the affirmative resolution procedure.

Displays of products or prices in Wales

14

(1) The Welsh 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 in Wales where the products are offered for sale;

(b) the display, in the course of business, of empty retail packaging of relevant products in a place in Wales where the products are offered for sale;

(c) the display, in the course of business, of prices of relevant products in a place in Wales where the products are offered for sale.

(2) In subsection (1) “relevant products” means—

(a) tobacco products,

(b) tobacco related devices,

(d) cigarette papers,

(e) vaping products, or

(f) 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 either way and punishable—

(a) on summary conviction, by imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, 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 section the Welsh Ministers must consult any persons they consider it appropriate to consult.

(7) Regulations under this section are subject to the affirmative resolution procedure.

Free distribution and discounts

Free distribution and discount of products

15

(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 subsection (1) “relevant product” means—

(a) a tobacco product,

(b) a herbal smoking product,

(d) a vaping product, or

(e) a nicotine product.

(3) Where a person is charged with an offence under this section 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 who commits an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.

(5) 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.

Retail licensing: England

Prohibition of retail sales of tobacco products etc in England without a licence

16

(1) An individual must not do any of the following things in England except under the authority of and in accordance with a personal licence—

(a) sell relevant products;

(b) expose relevant products for sale;

(2) A person must not use or permit the use of premises in England 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;

(3) The Secretary of State may by regulations create exceptions to the prohibition in subsection (1) or (2).

(4) The Secretary of State must by regulations make provision for and in connection with the grant of personal licences and premises licences.

(5) Before making regulations under this section the Secretary of State making them must consult any persons that the Secretary of State considers it appropriate to consult.

(6) Schedule 1 makes further provision about regulations under subsection (4).

(7) Regulations under this section are subject to the affirmative resolution procedure.

(8) 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;

“supply” includes despatch.

Offences in connection with licences: England

17

(1) A person who breaches the prohibition in section 16 (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 16 (4),

(b) the information is false or misleading in a material respect, and

(3) A person who commits an offence under this section is liable on summary conviction to a fine.

(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 16 (8);

“premises licence” has the meaning given by section 16 (8);

“relevant product” has the meaning given by section 16 (8).

Financial penalties for breach of licence conditions: England

18

(1) A local weights and measures authority or relevant district council in England 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 17.

(2) The amount of the financial penalty must not exceed £2,500.

(3) The Secretary of State may by regulations 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) Regulations under this section are subject to the negative resolution procedure.

(6) In this section—

“personal licence” has the meaning given by section 16 (8);

“premises licence” has the meaning given by section 16 (8);

“relevant district council” means a district council that— is specified as a licensing authority under paragraph 2 of Schedule 1, and is not a local weights and measures authority.

Retail licensing: Wales

Prohibition of retail sales of tobacco products etc in Wales without a licence

19

(1) An individual must not do any of the following things in Wales except under the authority of and in accordance with a personal licence—

(a) sell relevant products;

(b) expose relevant products for sale;

(2) A person must not use or permit the use of premises in Wales 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;

(3) The Welsh Ministers may by regulations create exceptions to the prohibition in subsection (1) or (2).

(4) The Welsh Ministers must by regulations make provision for and in connection with the grant of personal licences and premises licences.

(5) Before making regulations under this section the Welsh Ministers must consult any persons that the Welsh Ministers consider it appropriate to consult.

(6) Schedule 3 makes further provision about regulations under subsection (4).

(7) Regulations under this section are subject to the affirmative resolution procedure.

(8) In this section—

“grant” includes variation or renewal;

“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” 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;

“supply” includes despatch.

Offences in connection with licences: Wales

20

(1) A person who breaches the prohibition in section 19 (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 19 (4),

(b) the information is false or misleading in a material respect, and

(3) A person who commits an offence under this section is liable on summary conviction to a fine.

(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”, 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 product” has the meaning given by section 19 (8).

Financial penalties for breach of licence conditions: Wales

21

(1) A local weights and measures authority in Wales 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 20.

(2) The amount of the financial penalty must not exceed £2,500.

(3) The Welsh Ministers may by regulations amend the amount specified in subsection (2) for the purpose of reflecting inflation.

(4) Schedule 4 makes further provision about the imposition of financial penalties under this section.

(5) Regulations under this section are subject to the negative resolution procedure.

(6) In this section “personal licence” and “premises licence” have the meaning given by section 19 (8).

Repeal of register of retailers of tobacco and nicotine products in Wales etc

22

In the Public Health (Wales) Act 2017 (anaw 2), in Part 3 (tobacco and nicotine products) omit Chapter 2 (retailers of tobacco and nicotine products).

Restricted premises orders

23

(1) Where a person convicted of a relevant offence is a persistent offender, the person who brought the proceedings for the offence may by complaint to a magistrates’ court apply for a restricted premises order to be made in respect of the premises in relation to which the offence was committed (“the relevant premises”).

(2) A magistrates’ court may make the restricted premises order only if satisfied that the applicant has complied with section 24 (1) (notice to interested persons).

(3) A “restricted premises order” is an order prohibiting the sale on the relevant premises of any one or more of the following—

(a) tobacco products;

(b) herbal smoking products;

(d) vaping products;

(e) nicotine products.

(4) The prohibition imposed by a restricted premises order applies to sales whether made by the offender or any other person.

(5) A restricted premises order has effect for the period specified in the order, which may not exceed one year.

(6) A restricted premises order is a local land charge and in respect of that charge the applicant for the order is the originating authority for the purposes of the Local Land Charges Act 1975.

(7) A person convicted of a relevant offence is a “persistent offender” for the purposes of this section if, on at least two other occasions within the period of two years ending with the date of the offence, the person committed a relevant offence in relation to the relevant premises.

(8) In this section “relevant offence” means—

(a) an offence under any of the following provisions of this Part—

(i) section 1 (sale of tobacco etc to people born on or after 1 January 2009);

(ii) section 3 (tobacco vending machines);

(iii) section 10 (sale of vaping or nicotine products to under 18s);

(iv) section 12 (vaping and nicotine product vending machines);

(b) an offence under any of the following (which are repealed by this Act)—

(i) section 7 of the Children and Young Persons Act 1933 (sale of tobacco, etc., to under 18s);

(ii) section 3A of the Children and Young Persons (Protection from Tobacco) Act 1991 (tobacco vending machines);

(iii) section 92 of the Children and Families Act 2014 (sale of nicotine products to under 18s).

Restricted premises orders: interested persons

24

(1) An applicant for a restricted premises order must, after making reasonable enquiries, give notice of the application to anyone appearing to the applicant to be an interested person.

(2) An interested person may make representations to the court as to why the order should not be made.

(3) If a restricted premises order is made without an interested person having been given a notice under subsection (1), and without them having made representations to the court, the person may by complaint apply to the court for an order varying or discharging the restricted premises order.

(4) On an application under subsection (3) the court may, after hearing the interested person and the applicant for the restricted premises order, make such order varying or discharging the restricted premises order as it considers appropriate.

(5) In this section “interested person”, in relation to an application for a restricted premises order, means—

(a) the occupier of the premises, and

(b) any other person who has an interest in the premises.

Restricted premises orders: appeals

25

An appeal against an order made under section 23 or 24 may be brought to the Crown Court.

Breach of restricted premises orders

26

(1) A person commits an offence if the person—

(a) sells anything in breach of a restricted premises order, and

(b) knows, or ought reasonably to know, that the sale is in breach of the order.

(2) It is a defence for a person charged with an offence under this section to prove that the person took all reasonable steps to avoid the commission of the offence.

(3) A person who commits an offence under this section is liable on summary conviction to a fine.

Power to extend restricted premises orders in Wales

27

(1) The Welsh Ministers may by regulations amend section 23 so as to add an offence to the definition of “relevant offence” where that offence is committed on premises in Wales.

(2) Regulations may be made under subsection (1) only if the additional offence relates to tobacco products, herbal smoking products, cigarette papers, vaping products or nicotine products.

(3) Before making regulations under this section the Welsh Ministers must consult any persons that they consider it appropriate to consult.

(4) Regulations under this section are subject to the affirmative resolution procedure.

Restricted sale orders

28

(1) Where a person convicted of a relevant offence is a persistent offender, the person who brought the proceedings for the offence may by complaint to a magistrates’ court apply for a restricted sale order against the offender.

(2) A “restricted sale order” is an order prohibiting the offender—

(a) from selling any one or more of the following—

(i) tobacco products,

(ii) herbal smoking products,

(iii) cigarette papers,

(iv) vaping products,

(v) nicotine products;

(b) from having any management functions in respect of any premises in so far as those functions relate to the sale of anything listed in paragraph (a)(i) to (v).

(3) A restricted sale order has effect for the period specified in the order, which may not exceed one year.

(4) A person convicted of a relevant offence is a “persistent offender” for the purposes of this section if, on at least two other occasions within the period of two years ending with the date of the offence, the person committed a relevant offence.

(5) In this section “relevant offence” means—

(a) an offence under any of the following provisions of this Part—

(i) section 1 (sale of tobacco etc to people born on or after 1 January 2009);

(ii) section 3 (tobacco vending machines);

(iii) section 10 (sale of vaping or nicotine products to under 18s);

(iv) section 12 (vaping and nicotine product vending machines);

(b) an offence under any of the following (which are repealed by this Act)—

(i) section 7 of the Children and Young Persons Act 1933 (sale of tobacco, etc., to under 18s);

(ii) section 3A of the Children and Young Persons (Protection from Tobacco) Act 1991 (tobacco vending machines);

(iii) section 92 of the Children and Families Act 2014 (sale of nicotine products to under 18s).

Restricted sale orders: appeals

29

An appeal against an order made under section 28 may be brought to the Crown Court.

Breach of restricted sale orders

30

(1) A person who fails to comply with a restricted sale order commits an offence.

(2) It is a defence for a person charged with an offence under this section to prove that the person took all reasonable steps to avoid the commission of the offence.

(3) A person who commits an offence under this section is liable on summary conviction to a fine.

Offences by bodies

Liability of others for certain offences committed by bodies

31

(1) Where an offence under section 26 is committed by a body and the offence is committed with the consent or connivance of a relevant person in relation to the body, or a person purporting to act in the capacity of a relevant person in relation to the body, the person (as well as the body) commits the offence and is liable to be proceeded against and punished accordingly.

(2) Where any other offence under this Part, or under any regulations under section 13 or 14—

(a) is committed with the consent or connivance of a relevant person in relation to the body, or a person purporting to act in the capacity of a relevant person in relation to the body, or

(b) is attributable to neglect on the part of such a person,

the person (as well as the body) commits the offence and is liable to be proceeded against and punished accordingly.

(3) In this section—

“body” means— a body corporate, a partnership, or an unincorporated association;

“relevant person” means— in relation to a body corporate other than one whose affairs are managed by its members, a director, manager, secretary or other similar officer of the body; in relation to a limited liability partnership or other body corporate whose affairs are managed by its members, a member who exercises functions of management with respect to it; in relation to a limited partnership, a general partner (within the meaning given by section 3 of the Limited Partnerships Act 1907); in relation to any other partnership, a partner; in relation to an unincorporated association, a person who exercises functions of management with respect to it.

Enforcement functions

Enforcement authorities

32

(1) It is the duty of each relevant enforcement authority in England and local weights and measures authority in Wales to enforce within its area the provisions of this Part and any regulations under section 13 or 14.

(2) In this Part “relevant enforcement authority in England” means—

(a) a local weights and measures authority in England, and

(b) in relation to the enforcement of sections 16 to 18 (retail licensing: England), in addition, any district council in England that—

(i) is specified as a licensing authority under paragraph 2 of Schedule 1, and

(ii) is not a local weights and measures authority.

(3) In Schedule 5 to the Consumer Rights Act 2015 (investigatory powers), in paragraph 10 (enforcer’s legislation), at the appropriate place (according to date of enactment) insert—

section 32 of the Tobacco and Vapes Act 2026.

Programme of enforcement action: England

33

(1) Each relevant enforcement authority in England 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 subsection (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 this Part or any regulations under section 13;

(b) the bringing of prosecutions in respect of such an offence;

Programme of enforcement action: Wales

34

(1) Each local weights and measures authority in Wales 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 subsection (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 that is a listed offence;

(b) the bringing of prosecutions in respect of a listed offence;

(3) In this section “listed offence” means—

(a) an offence under any provision of this Part or regulations under section 14, or

(b) an offence under either of the following provisions of the Public Health (Wales) Act 2017 (anaw 2)—

section 51A (offence of handing over tobacco etc. to people born on or after 1 January 2009);

section 52 (offence of handing over vaping or nicotine products to under 18s).

Powers of ministers to take over enforcement

Power of ministers to take over enforcement functions

35

(1) The Secretary of State may direct that, in relation to cases of a particular description or a particular case, the duty imposed by section 32 (1) on a relevant enforcement authority in England is to be discharged by the Secretary of State and not by the authority.

(2) The Welsh Ministers may direct that, in relation to cases of a particular description or a particular case, the duty imposed by section 32 (1) on a local weights and measures authority in Wales is to be discharged by the Welsh Ministers and not by the authority.

Power of ministers to take over proceedings

36

(1) The Secretary of State may take over the conduct of any proceedings from a relevant enforcement authority in England in respect of an offence committed under this Part or any regulations under section 13.

(2) The Welsh Ministers may take over the conduct of any proceedings from a local weights and measures authority in Wales in respect of an offence committed under this Part or any regulations under section 14.

Fixed penalties: England

Fixed penalty notices: England

37

(1) A relevant enforcement authority in England that has reason to believe that a person has committed an offence under, or under regulations made under, any of the following may give the person a fixed penalty notice in respect of the offence—

section 1 (sale of tobacco etc to people born on or after 1 January 2009);

section 2 (purchase of tobacco etc on behalf of others);

section 5 (age of sale notice at point of sale: England);

section 10 (sale of vaping or nicotine products to under 18s);

section 11 (purchase of vaping or nicotine products on behalf of under 18s);

section 13 (displays of products or prices in England);

section 15 (free distribution and discount of products);

section 17 (offences in connection with retail licences: England).

(2) A fixed penalty notice is a notice offering a person the opportunity to discharge any liability to conviction for the offence to which the notice relates by payment of an amount specified in the notice within the relevant period.

(3) The amount specified in a fixed penalty notice in respect of an offence under section 17 must be an amount equal to level 4 on the standard scale of fines for summary offences.

(4) The amount specified in a fixed penalty notice in respect of any other offence must be £200.

(5) For the purposes of this section “the relevant period” is the period of 28 days beginning with the day on which the fixed penalty notice is given.

(6) A fixed penalty notice must explain—

(a) that the relevant enforcement authority in England has reason to believe that the person has committed the offence, and why,

(b) the effect of subsection (7), and

(7) Where a fixed penalty notice has been given to a person (and has not been withdrawn)—

(a) no proceedings may be instituted for the offence before the end of the relevant period, and

(b) the person may not be convicted of the offence if the person pays—

(i) the full amount of the fixed penalty in the notice before the end of the relevant period, or

(ii) 50% of that amount before the end of the period of 14 days beginning with the day on which the relevant period starts.

(8) Where proceedings are instituted for the offence after the end of the relevant period, that period is to be disregarded for the purposes of calculating the period mentioned in section 127(1) of the Magistrates’ Courts Act 1980.

(9) A fixed penalty notice given under this section may be withdrawn by the relevant enforcement authority in England that gave it at any time before a payment is made in pursuance of the notice.

Fixed penalties in England: use of proceeds

38

(1) Any sums received by a relevant enforcement authority in England in pursuance of a fixed penalty notice must be used in connection with any functions they have under or under regulations made under—

(a) this Act;

(b) Part 1 of the Health Act 2006;

(2) In this section “fixed penalty notice” means a fixed penalty notice given under section 37.

Power to change amount of fixed penalties: England

39

(1) The Secretary of State may by regulations amend section 37 in relation to the giving of fixed penalty notices in respect of any offence other than an offence under section 17 so as to—

(a) change the amount which must be specified in notices, or

(b) change the percentage discount for early payment.

(2) The amount mentioned in subsection (1)(a) must not be changed to an amount that exceeds level 3 on the standard scale of fines for summary offences.

(3) Regulations under this section are subject to the affirmative resolution procedure.

Fixed penalties: Wales

Fixed penalty notices: Wales

40

(1) A local weights and measures authority in Wales that has reason to believe that a person has committed an offence under, or under regulations made under, any of the following may give the person a fixed penalty notice in respect of the offence—

section 1 (sale of tobacco etc to people born on or after 1 January 2009);

section 2 (purchase of tobacco etc on behalf of others);

section 6 (age of sale notice at point of sale: Wales);

section 10 (sale of vaping or nicotine products to under 18s);

section 11 (purchase of vaping or nicotine products on behalf of under 18s);

section 14 (displays of products or prices in Wales);

section 15 (free distribution and discount of products);

section 20 (offences in connection with retail licences: Wales).

(2) A fixed penalty notice is a notice offering a person the opportunity to discharge any liability to conviction for the offence to which the notice relates by payment of an amount specified in the notice within the relevant period.

(3) The amount specified in a fixed penalty notice in respect of an offence under section 20 must be an amount equal to level 4 on the standard scale of fines for summary offences.

(4) The amount specified in a fixed penalty notice in respect of any other offence must be £200.

(5) For the purposes of this section “the relevant period” is the period of 28 days beginning with the day on which the fixed penalty notice is given.

(6) A fixed penalty notice must explain—

(a) that the local weights and measures authority has reason to believe that the person has committed the offence, and why,

(b) the effect of subsection (7), and

(7) Where a fixed penalty notice has been given to a person (and has not been withdrawn)—

(a) no proceedings may be instituted for the offence before the end of the relevant period, and

(b) the person may not be convicted of the offence if the person pays—

(i) the full amount of the fixed penalty in the notice before the end of the relevant period, or

(ii) 50% of that amount before the end of the period of 14 days beginning with the day on which the relevant period starts.

(8) Where proceedings are instituted for the offence after the end of the relevant period, that period is to be disregarded for the purposes of calculating the period mentioned in section 127(1) of the Magistrates’ Courts Act 1980.

(9) A fixed penalty notice given under this section may be withdrawn by the local weights and measures authority that gave it at any time before a payment is made in pursuance of the notice.

Fixed penalties in Wales: use of proceeds

41

(1) Any sums received by a local weights and measures authority in Wales in pursuance of a fixed penalty notice must be used in connection with their functions under or under regulations made under—

(a) this Act;

(b) the Tobacco and Related Products Regulations 2016 (S.I. 2016/507);

(2) In this section “fixed penalty notice” means a fixed penalty notice given under section 40.

Power to change amount of fixed penalties: Wales

42

(1) The Welsh Ministers may by regulations amend section 40 in relation to the giving of fixed penalty notices in respect of any offence other than an offence under section 20 so as to—

(a) change the amount which must be specified in notices, or

(b) change the percentage discount for early payment.

(2) The amount mentioned in subsection (1)(a) must not be changed to an amount that exceeds level 3 on the standard scale of fines for summary offences.

(3) Regulations under this section are subject to the affirmative resolution procedure.

Handing over tobacco etc to underage people in Wales

43

Schedule 5 contains amendments to Chapter 4 of Part 3 of the Public Health (Wales) Act 2017 (anaw 2) (handing over tobacco, cigarettes and nicotine products to persons under 18), including—

(a) amendments extending that Chapter to all vaping products,

(b) amendments conferring a power to extend the products to which that Chapter applies, and

Consequential, transitional and transitory provision

Consequential amendments to do with Part 1

44

(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.

Application of programmes of enforcement to old age of sale offences

45

Sections 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).

Application of fixed penalty regime to old age of sale offences

46

(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).

Transitional provision: general

47

(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.

Powers to adjust scope

Power to extend Part 1 to other products

48

(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.

Crown application

49

(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.

Interpretation etc

Interpretation of Part 1

50

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 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.

Meaning of “nicotine product”

51

(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),

(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;

(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.

Part 2 — Sale and distribution: Scotland

Sale of tobacco etc

Age of sale for tobacco products etc

52

(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)—

(a) in subsection (1), for “under the age of 18” substitute “born on or after 1 January 2009”;

(b) in subsection (2)(a), for “under the age of 18 (“the customer”) to be aged 18 or over” substitute “born on or after 1 January 2009 (“the customer”) to have been born before that date”;

(6) In this section “sell” means sell by retail.

(d) in the heading, for “under 18” substitute “born on or after 1 January 2009”.

(3) In section 4B (age verification policy)—

(a) for subsection (3) substitute—

(3) An “age verification policy”— (a) in relation to a tobacco business or herbal smoking product business, is a policy that steps are to be taken to establish the age of a person attempting to buy a tobacco product, herbal smoking product or cigarette papers on the premises (the “customer”) if it appears to the person selling the tobacco product, herbal smoking product or cigarette papers that the customer may have been born on or after 1 January 2009 (or such earlier date as may be specified in the policy); (b) in relation to a vaping product business or nicotine product business, is a policy that steps are to be taken to establish the age of a person attempting to buy a vaping product, or a nicotine product, on the premises (the “customer”) if it appears to the person selling the product that the customer may be under the age of 25 (or such older age as may be specified in the policy). (3A) In relation to times before the end of 2033, the reference in subsection (3)(a) to the customer being born on or after 1 January 2009 (or such earlier date as may be specified in the policy) has effect as a reference to the customer being under the age of 25 (or such older age as may be specified in the policy).

(b) in subsection (4), for “(3)” substitute “(3)(b)”.

(4) In section 6 (purchase of tobacco products on behalf of persons under 18)—

(a) in subsection (1), for “under the age of 18” substitute “born on or after 1 January 2009”;

(b) in the heading, for “under 18” substitute “born on or after 1 January 2009”.

(5) In section 8 (display of warning statements), in subsection (2)(a), for “under the age of 18” substitute “born on or after 1 January 2009”.

Sale of unpackaged cigarettes

53

(1) The Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) is amended as follows.

(2) After section 4D insert—

(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;

Repeal of offence of purchasing tobacco products by under 18s

54

(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”.

Repeal of power to confiscate tobacco products from persons under 18

55

Omit section 7 of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) (confiscation of tobacco products from people under 18).

Extension of tobacco legislation to herbal smoking products

56

(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,

Power to make provision about warning statements

57

(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”.

Snus etc

Ban on manufacture of snus etc

58

After section 9 of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) insert—

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.