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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

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(9A) (1) It is an offence to manufacture a relevant oral tobacco product. (2) In subsection (1) “relevant oral tobacco product” means a tobacco product that— (a) is intended for oral use, (b) is not intended to be inhaled or chewed, and (c) consists wholly or partly of tobacco in powder or particulate form. (3) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.

Ban on sales of snus etc

59

After section 9A of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) (inserted by section 58 of this Act) insert—

(9B) (1) It is an offence to— (a) sell a relevant oral tobacco product, or (b) offer or expose a relevant oral tobacco product for sale. (2) In subsection (1) “relevant oral tobacco product” has the meaning given by section 9A (2). (3) It is a defence for a person charged with an offence under this section to prove that they took all reasonable steps to avoid the commission of the offence. (4) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.

Possession of snus etc with intent to supply

60

(1) After section 9B of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) (inserted by section 59 of this Act) insert—

(9C) (1) It is an offence for a person to have a relevant oral tobacco product in their possession with intent to supply it to another in the course of business. (2) In subsection (1) “relevant oral tobacco product” has the meaning given by section 9A (2). (3) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.

Vaping and nicotine products

Extension of offences to vaping and nicotine products

61

(1) The Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) is amended in accordance with subsections (2) to (7).

(2) In the italic heading before section 4, for “and nicotine vapour” substitute “, vaping and nicotine”.

(3) In section 4A (sale of nicotine vapour products to persons under 18)—

(a) in subsection (1), for “nicotine vapour” substitute “vaping product or nicotine”;

(b) in the heading, for “nicotine vapour” substitute “vaping and nicotine”.

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

(a) in subsection (1)(a) and (b), for “tobacco or nicotine vapour product business” substitute “relevant business”;

(b) after subsection (1) insert—

(1A) In this section “relevant business” means a business which involves the sale of one or more of the following by retail— (a) tobacco products; (b) herbal smoking products; (c) vaping products; (d) nicotine products.

(2) Subsection (1) does not apply in relation to premises from which— (a) a product mentioned in subsection (1A) or cigarette papers are, in pursuance of a sale, despatched for delivery to different premises, and (b) no other relevant business is carried on.

(d) in subsection (3)—

(i) for “tobacco product, cigarette papers or a nicotine vapour product” substitute “product mentioned in subsection (1A) or cigarette papers”;

(ii) for “the tobacco product, cigarette papers or nicotine vapour product” substitute “the product”;

(e) in subsection (5)(b) and (c), for “tobacco product, cigarette papers or a nicotine vapour product” substitute “product mentioned in subsection (1A) or cigarette papers”;

(f) in subsection (6), for “tobacco or nicotine vapour product business” substitute “relevant business”.

(5) In section 4C (sale of tobacco or nicotine vapour products by persons under 18)—

(a) in subsection (1), for “or a nicotine vapour” substitute “, a vaping product or a nicotine”;

(b) in the heading, for “or nicotine vapour” substitute “, vaping or nicotine”.

(6) In section 6A (purchase of nicotine vapour products on behalf of persons under 18)—

(a) in subsection (1), for “nicotine vapour” substitute “vaping or nicotine”;

(b) in the heading for “nicotine vapour” substitute “vaping or nicotine”.

(7) For section 9 substitute—

(9) (1) A person who has the management or control of premises on which a prohibited vending machine is available for use commits an offence. (2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale. (3) In this section, “prohibited vending machine” means a machine from which any of the following products may be bought or from which they are dispensed to a customer in connection with a sale— (a) tobacco products; (b) herbal smoking products; (c) cigarette papers; (d) vaping products; (e) nicotine products.

(8) In the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14) omit section 7 (power to extend vending machine prohibition).

Meaning of “nicotine product”

62

Before section 36 of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) insert—

(35B) (1) In this Part, a “nicotine product” is— (a) a device which is intended to enable nicotine to be delivered into the human body, (b) an item which is intended to form part of a device within paragraph (a), (c) nicotine, or any substance containing nicotine, which is intended to be delivered into the human body, or (d) an item containing anything within paragraph (c). (2) But the following are not nicotine products— (a) a tobacco product; (b) a smoking related product; (c) a herbal smoking product; (d) any device which is intended to be used for the consumption of tobacco products or herbal smoking products; (e) a vaping product; (f) a medicinal product; (g) a medical device.

Age verification

Age verification in relation to tobacco and vaping products etc

63

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

(2) In section 4 (age restrictions on sale of tobacco products etc)—

(a) in subsection (2), for paragraph (b) substitute—

(b) the accused had taken such steps as may be prescribed to establish the customer’s age.

(b) omit subsections (3) and (4).

(3) In section 4A (age restrictions on sale of vaping products etc)—

(a) in subsection (2), for paragraph (b) substitute—

(b) the accused had taken such steps as may be prescribed to establish the customer’s age.

(b) omit subsections (3) and (4).

(4) In section 4B (age verification policy), in subsection (5) omit paragraph (b).

Displays of products or prices

Displays of vaping and nicotine products

64

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

(2) After section 3 insert—

(3A) (1) The Scottish Ministers may by regulations impose prohibitions, requirements or limitations on retailers in relation to— (a) the display, in the course of business, of relevant products in a place where those products are offered for sale; (b) the display, in the course of business, of empty retail packaging of relevant products in a place where those products are offered for sale; (c) the display, in the course of business, of prices of relevant products in a place where those products are offered for sale. (2) In subsection (1) “relevant products” means— (a) herbal smoking products, (b) vaping products, or (c) nicotine products. (3) In subsection (1)(a) a reference to a product includes anything that represents the product and that is intended to be exchanged for it at the point of sale. (4) Regulations under this section may create offences in relation to a failure to comply with the regulations. (5) The regulations must provide for any offence to be triable summarily and punishable with a fine not exceeding level 4 on the standard scale. (6) For the purposes of subsection (1), a website is not a place. (7) Before making regulations under this section the Scottish Ministers must consult any persons they consider it appropriate to consult.

(3) In each of the following provisions after “Chapter 1 or 2” insert “or any regulations made under those Chapters”—

section 15(3)(d) and (4)(b);

section 16(3)(a);

section 26(2)(a);

section 27(1);

section 32(1) and (4).

(4) In section 26(2)(b), after “Chapters” insert “or any regulations made under those Chapters”.

(5) In section 33 (presumption as to contents of container), in subsection (1), at the end insert “or under regulations made under section 3A”.

(6) In section 34 (offences by bodies corporate etc), in subsection (1)(a), after “this Act” insert “or regulations made under it”.

(7) In section 40 (orders and regulations), in subsection (4), at the appropriate place insert—

section 3A (1)

Free distribution and discounts

Free distribution and discount of products

65

(1) In the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3), after section 8 insert—

(8A) (1) A person commits an offence if— (a) the person— (i) gives away a product or coupon to a member of the public or sells by retail a product or coupon at a substantial discount, or (ii) causes or permits that to happen, and (b) either— (i) their purpose in doing so is to promote a relevant product, or (ii) the effect of their doing so will be to promote a relevant product and they know, or have reason to suspect, that will be the effect. (2) In subsection (1) “relevant product” means— (a) a tobacco product, (b) a herbal smoking product, (c) a smoking related product, (d) a vaping product, or (e) a nicotine product. (3) A person who commits an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both. (4) In this section “coupon” means anything (whether in physical or electronic form) which, by itself or together with something else, can be redeemed for a product or service or for cash or any other benefit. (8B) (1) Where a person is charged with an offence under section 8A of giving away a vaping product or nicotine product, or a coupon for such a product, it is a defence for the person to prove that the product or coupon was given away in accordance with arrangements made by a public authority. (2) The Scottish Ministers may by regulations create further defences to the offence under section 8A of giving away a vaping product or nicotine product or a coupon for such a product. (3) Regulations under this section may amend this Part.

(2) In section 40 of that Act (orders and regulations), in subsection (4), at the appropriate place insert—

section 8B

(3) In the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 omit section 18.

Alignment of definitions

Alignment of definition of “filter” etc

66

(1) Section 35 of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) (interpretation of Part 1) is amended as follows.

(2) In subsection (1), at the appropriate place insert—

“filter” means a filter that is intended to be used when smoking a tobacco product or herbal smoking product (including a filter that forms part of, or that is intended to be inserted into, an item such as a cigarette holder or pipe);

(3) In subsection (2), for “cigarette filters” substitute “filters that do not form part of a tobacco product or herbal smoking product”.

(4) In subsection (3), after “order” insert “amend this section so as to”.

Alignment of definition of “tobacco product”

67

In the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3), in section 35 (interpretation of Part 1), in subsection (1), for the definition of “tobacco product” substitute—

“tobacco product” means a product consisting wholly or partly of tobacco and intended to be smoked, sniffed, sucked, chewed or consumed in any other way,

Alignment of definition of “vaping product”

68

Schedule 8 contains provision for the purposes of aligning the definition of “vaping product” in the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) with that used elsewhere in this Act.

Extension of retailer register etc

69

Schedule 9 contains amendments to the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) for the purposes of extending Chapter 2 of Part 1 of that Act (register of tobacco and nicotine vapour product retailers) so that it applies in relation to herbal smoking products and nicotine products.

Miscellaneous

Crown application of 2010 Act

70

In section 36 of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) (Crown application), in subsection (3), after “on the application” insert “of the Scottish Ministers or”.

Power to extend 2010 Act to other products

71

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

(2) After section 34 insert—

(34A) (1) The Scottish Ministers may by regulations amend this Part for the purpose of extending any provision that applies in relation to a tobacco product to— (a) a device of a specified description which enables a tobacco product to be consumed otherwise than by being smoked (for example, a heated tobacco device); (b) an item which is intended to form part of such a device. (2) Before making regulations under this section the Scottish Ministers must consult any persons they consider it appropriate to consult. (3) The Scottish Ministers may by regulations amend this Part for the purpose of extending any provision that applies in relation to a tobacco product to— (a) some or all smoking related products; (b) if not falling within paragraph (a), a filter that does not form part of a tobacco product or herbal smoking product. (4) The Scottish Ministers may by regulations amend this Part for the purpose of extending to filters any provision made by sections 9A to 9C in relation to a relevant oral tobacco product.

(3) In section 40 (orders and regulations), in subsection (4), at the appropriate place insert—

section 34A

Part 3 — Sale and distribution: Northern Ireland

Sale of tobacco etc

Age of sale for tobacco products etc

72

For Article 3 of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) substitute—

(3) (1) It is an offence to sell any of the following to a person born on or after 1 January 2009— (a) a tobacco product; (b) a herbal smoking product; (c) cigarette papers. (2) It is a defence for a person charged with an offence under this Article to prove— (a) that they took such steps as may be specified in regulations made by the Department to verify that the customer was born before 1 January 2009, or (b) that they otherwise took all reasonable steps to avoid the commission of the offence. (3) Regulations may not be made by the Department under paragraph (2)(a) unless a draft of the regulations has been laid before and approved by a resolution of the Assembly. (4) A person guilty of an offence under this Article is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Purchase of tobacco on behalf of others

73

For Article 4A of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) substitute—

(4A) (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; (c) cigarette papers. (2) It is a defence for a person charged with an offence under this Article to prove that they had no reason to suspect that the other person was born on or after 1 January 2009. (3) It is a defence for a person charged with an offence under this Article 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 guilty of an offence under this Article is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Tobacco vending machines

74

After Article 4A of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section 73 of this Act) insert—

(4B) (1) A person commits an offence if the person has the management or control of premises on which a tobacco vending machine is available for use. (2) A person guilty of an offence under this Article is liable on summary conviction to a fine not exceeding level 5 on the standard scale. (3) In this Article “tobacco vending machine” means a machine from which any of the following products may be bought or from which they are dispensed to a customer in connection with a sale— (a) tobacco products, (b) herbal smoking products, or (c) cigarette papers.

Sale of unpackaged cigarettes

75

After Article 4B of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section 74 of this Act) insert—

(4C) (1) It is an offence for a tobacco retailer to sell cigarettes that are not in their original packaging. (2) A person guilty of an offence under this Article is liable on summary conviction to a fine not exceeding level 3 on the standard scale. (3) In this Article “original packaging” means the retail packaging in which the cigarettes were supplied to the tobacco retailer for the purpose of sale.

Age of sale notice at point of sale

76

After Article 4C of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section 75 of this Act) insert—

(4D) (1) A tobacco retailer must display an age of sale notice at any premises at which they sell tobacco products. (2) For the purposes of this Article an “age of sale notice” is a notice containing the following statement— It is illegal to sell tobacco products to anyone born on or after 1 January 2009 (3) The notice must be displayed in a prominent position where it is readily visible to people at each point of sale of tobacco products. (4) The notice must comply with any requirements set out in regulations made by the Department as to the size or appearance of— (a) the statement on the notice, or (b) any other aspect of the notice. (5) Regulations under paragraph (4) are subject to negative resolution. (6) A person who fails to display an age of sale notice as required by this Article commits an offence. (7) It is a defence for a person charged with an offence under this Article to prove that they took all reasonable steps to avoid the commission of the offence. (8) A person guilty of an offence under this Article is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Snus etc

Ban on manufacture of snus etc

77

After Article 4D of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section 76 of this Act) insert—

(4E) (1) It is an offence to manufacture a relevant oral tobacco product. (2) In paragraph (1) “relevant oral tobacco product” means a tobacco product that— (a) is intended for oral use, (b) is not intended to be inhaled or chewed, and (c) consists wholly or partly of tobacco in powder or particulate form. (3) A person guilty of an offence under this Article is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months, or a fine not exceeding the statutory maximum, or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.

Ban on sales of snus etc

78

After Article 4E of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section 77 of this Act) insert—

(4F) (1) It is an offence to— (a) sell a relevant oral tobacco product, or (b) offer or expose a relevant oral tobacco product for sale. (2) In paragraph (1) “relevant oral tobacco product” has the meaning given by Article 4E (2). (3) It is a defence for a person charged with an offence under this Article to prove that they took all reasonable steps to avoid the commission of the offence. (4) A person guilty of an offence under this Article is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months, or a fine not exceeding the statutory maximum, or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.

Possession of snus etc with intent to supply

79

(1) After Article 4F of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section 78 of this Act) insert—

(4G) (1) It is an offence for a person to have a relevant oral tobacco product in their possession with intent to supply it to another in the course of business. (2) In paragraph (1) “relevant oral tobacco product” has the meaning given by Article 4E (2). (3) A person guilty of an offence under this Article is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months, or a fine not exceeding the statutory maximum, or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.

Vaping and nicotine products

Sale of vaping or nicotine products to under 18s

80

After Article 4G of Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section 79 of this Act) insert—

(4H) (1) It is an offence to sell a vaping product or nicotine product to a person who is under the age of 18. (2) It is a defence for a person charged with an offence under this Article to prove— (a) that they took such steps as may be specified in regulations made by the Department to verify that the customer was at least 18 years old, or (b) that they otherwise took all reasonable steps to avoid the commission of the offence. (3) Regulations may not be made by the Department under paragraph (2)(a) unless a draft of the regulations has been laid before and approved by a resolution of the Assembly. (4) A person guilty of an offence under this Article is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

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

81

(1) The Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) is amended as follows.

(2) After Article 4H (inserted by section 80 of this Act) substitute—

(4I) (1) It is an offence for a person aged 18 or over to buy, or attempt to buy, a vaping product or nicotine product on behalf of a person who is under the age of 18. (2) It is a defence for a person charged with an offence under this Article to prove that they had no reason to suspect that the other person was under the age of 18. (3) A person guilty of an offence under this Article is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(3) In Article 4A (purchase of tobacco or nicotine products on behalf of persons under 18)—

(a) in paragraph (1), for “tobacco, cigarette papers or a relevant nicotine product” substitute “tobacco products, herbal smoking products or cigarette papers”;

(b) in the heading, for “or nicotine products” substitute “etc”.

Vaping and nicotine product vending machines

82

After Article 4I of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section 81 of this Act) insert—

(4J) (1) A person commits an offence if the person has the management or control of premises on which a vape vending machine or a nicotine product vending machine is available for use. (2) A person guilty of an offence under this Article is liable on summary conviction to a fine not exceeding level 5 on the standard scale. (3) In this Article— - “nicotine product vending machine” means a machine— from which nicotine products may be bought, or from which they are dispensed to a customer in connection with a sale; - “vape vending machine” means a machine— from which vaping products may be bought, or from which they are dispensed to a customer in connection with a sale.

Displays of products or prices

Displays of products and prices in Northern Ireland

83

After Article 4J of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section 82) insert—

(4K) (1) The Department may by regulations impose prohibitions, requirements or limitations on retailers in relation to— (a) the display, in the course of business, of relevant products in a place where those products are offered for sale; (b) the display, in the course of business, of empty retail packaging of relevant products in a place where those products are offered for sale; (c) the display, in the course of business, of prices of relevant products in a place where those products are offered for sale. (2) In paragraph(1) “relevant product” means— (a) tobacco products, (b) tobacco related devices, (c) herbal smoking products, (d) cigarette papers, (e) vaping products, or (f) nicotine products. (3) In paragraph (1)(a) a reference to a product includes anything that represents the product and that is intended to be exchanged for it at the point of sale. (4) Regulations under paragraph (1) may create offences in relation to a failure to comply with the regulations. (5) The regulations must provide for any offence to be triable on indictment or summarily and punishable— (a) on summary conviction, by imprisonment for a term not exceeding 6 months, or a fine not exceeding the statutory maximum, or both; (b) on conviction on indictment, by imprisonment for a term not exceeding 2 years, or a fine, or both. (6) Before making regulations under this Article the Department must consult any persons it considers it appropriate to consult. (7) Regulations may not be made by the Department under this Article unless a draft of the regulations has been laid before and approved by a resolution of the Assembly.

Free distribution and discounts

Free distribution and discount of products

84

After Article 4K of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section 83) insert—

(4L) (1) A person commits an offence if— (a) the person— (i) gives away a product or coupon to a member of the public or sells a product or coupon at a substantial discount, or (ii) causes or permits that to happen, and (b) either— (i) their purpose in doing so is to promote a relevant product, or (ii) the effect of their doing so will be to promote a relevant product and they know, or have reason to suspect, that will be the effect. (2) In paragraph (1) “relevant product” means— (a) a tobacco product, (b) a herbal smoking product, (c) cigarette papers, (d) a vaping product, or (e) a nicotine product. (3) Where a person is charged with an offence under this Article of giving away a vaping product or nicotine product, or a coupon for such a product, it is a defence for the person to prove that the product or coupon was given away in accordance with arrangements made by a public authority. (4) A person guilty of an offence under this Article is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months, or a fine not exceeding the statutory maximum, or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both. (5) In this Article “coupon” means anything (whether in physical or electronic form) which, by itself or together with something else, can be redeemed for a product or service or for cash or any other benefit.

Enforcement

Programme of enforcement action by district councils

85

Before Article 7 of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) insert—

(6A) (1) Each district council must, at least once a year, consider— (a) whether it is appropriate to carry out a programme of enforcement action in its area, and (b) if so, what that programme should involve. (2) In paragraph (1) “programme of enforcement action” means a programme involving one or more of the following— (a) the investigation of complaints in respect of an alleged offence under— (i) this Part or regulations under Article 4K, or (ii) the Tobacco Retailers Act (Northern Ireland) 2014; (b) the bringing of prosecutions in respect of such an offence; (c) the taking of other measures intended to reduce the incidence of such offences.

Interpretation of 1978 Order

86

For Article 7 of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) substitute—

(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. (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.

Retailer register and licensing

Extension of retailer register

87

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.

Prohibition of retail sales of tobacco products etc without a licence

88

(1) After section 4 of the Tobacco Retailers Act (Northern Ireland) 2014 (c. 4 (N.I.)) insert—

(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. (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). (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.

Powers to extend legislation

Power to extend legislation to other products

89

(1) After Article 6Aof 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—

(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—

(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”.

Consequential etc, transitional and transitory provision

Consequential and other amendments

90

(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.

Transitional provision

91

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).

Part 4 — Snus etc: seizure and detention powers

Power of officer of Revenue and Customs to seize and detain snus etc

92

(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.

Extension of section 92 to filters

93

(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.

Part 5 — Product and information requirements etc

Product requirements etc

Retail packaging

94

(1) The Secretary of State may by regulations make provision about the retail packaging of—

(a) tobacco products;

(b) tobacco related devices;

(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;

(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.

Features of products

95

(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;

(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.

Contents and flavour

96

(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;

(2) In this section “relevant products” means—

(a) tobacco products,

(b) tobacco related devices,

(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.

Substances released into human body and emissions

97

(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;

(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.

Non-compliant images

98

(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;

(2) In this section “relevant product” means—

(a) a tobacco product,

(b) a tobacco related device,

(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.

Registration and information requirements

Registration

99

(1) The Secretary of State may by regulations make provision for the establishment of a register of—

(a) tobacco products;

(b) tobacco related devices;

(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;

(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);

(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.

Information

100

(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.

Studies

101

(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,

(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;

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

Responsible person

102

(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,

(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.

Quality control and safety

Testing

103

(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);

(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.

Product safety

104

(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,

(d) cigarette papers,

(e) filters,

(f) vaping products, or

(g) nicotine products.

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

Matters dealt with by 2016 Regulations

105

(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.

Treatment of 2016 Regulations

106

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.

Supplementary and miscellaneous

Offences

107

(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.

Enforcement

108

(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;

(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.

Sub-delegation

109

Regulations under this Part may confer discretions.

Power to make provision binding the Crown

110

(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.

Power to amend legislation

111

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).

Consequential repeal

112

In the Children and Families Act 2014 omit section 94.

Enforcement of 2016 Regulations

113

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).

Consultation

114

Before making regulations under this Part the Secretary of State must consult any persons the Secretary of State considers it appropriate to consult.

115

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;

(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.

Interpretation

Interpretation of Part 5

116

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).

Meaning of “nicotine product”

117

(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 6 — Advertising and sponsorship

Advertising

Publishing advertisements

118

(1) A person commits an offence if—

(a) the person, acting in the course of business, publishes an advertisement in the United Kingdom whose purpose is or effect will be to promote—

(i) a tobacco product,

(ii) a herbal smoking product,

(iii) cigarette papers,

(iv) a vaping product, or

(v) a nicotine product, and

(b) the person knows or has reason to suspect—

(i) that what they are publishing is or contains the advertisement, and

(ii) that the advertisement has that purpose or will 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.

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