Tobacco and Vapes Act 2026

• (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;

• (c) provision similar or corresponding to section 92 (HMRC seizure powers).

• (4) Provision made by virtue of subsection (3)(a) may include—

• (a) provision for compensation to be payable by a relevant enforcement authority in specified circumstances;

• (b) provision about the resolution of disputes about compensation.

• (5) Regulations under this section may include provision conferring jurisdiction on a court or tribunal, including—

• (a) provision conferring jurisdiction to order a person to reimburse a relevant enforcement authority’s expenditure in specified circumstances;

• (b) provision about appeals.

• (6) In this section—

• “appropriate national authority” means— in relation to England, the Secretary of State, in relation to Wales, the Welsh Ministers, in relation to Scotland, the Scottish Ministers, and in relation to Northern Ireland, the Department of Health;

• “relevant enforcement authority” means— in relation to England, a local weights and measures authority, in relation to Wales, a local weights and measures authority, in relation to Scotland, a local weights and measures authority, and in relation to Northern Ireland, a district council;

• “supplying” includes— agreeing to supply; offering or exposing for supply.

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 and consent

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.

Consent to regulations under Part 5

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;

• (c) the Executive Office in Northern Ireland, if the regulations contain provision which—

• (i) would be within the legislative competence of the Northern Ireland Assembly if contained in an Act of the Assembly, and

• (ii) would not, if it were contained in a Bill for an Act of the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.

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),

• (c) nicotine, or any substance containing nicotine, which is intended to be delivered into the human body, or

• (d) an item containing anything within paragraph (c).

• (2) But the following are not “nicotine products” for the purposes of this section—

• (a) a tobacco product;

• (b) a herbal smoking product;

• (c) cigarette papers;

• (d) any device which is intended to be used for the consumption of tobacco products or herbal smoking products;

• (e) a vaping product;

• (f) a medical device;

• (g) a medicinal product.

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.

Designing advertisements

119

• (1) A person commits an offence if—

• (a) the person, acting in the course of business, designs an advertisement 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 the advertisement has that purpose or will have that effect, and

• (ii) that the advertisement will be published in the United Kingdom.

• (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.

Printing advertisements

120

• (1) A person commits an offence if—

• (a) the person, acting in the course of business, prints an advertisement 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 printing is or contains the advertisement,

• (ii) that the advertisement has that purpose or will have that effect, and

• (iii) that the advertisement will be published in the United Kingdom.

• (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.

Distributing advertisements

121

• (1) A person commits an offence if—

• (a) the person, acting in the course of business, distributes 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 distributing 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.

Causing publication, designing, printing or distribution

122

• (1) A person commits an offence if—

• (a) the person, acting in the course of business, causes the publication or distribution in the United Kingdom of an advertisement 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 they are causing the publication or distribution of the advertisement,

• (ii) that the advertisement has that purpose or will have that effect, and

• (iii) that the advertisement will be published or distributed in the United Kingdom.

• (2) A person commits an offence if—

• (a) the person, acting in the course of business, causes the designing or printing of an advertisement 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 they are causing the designing or printing of the advertisement,

• (ii) that the advertisement has that purpose or will have that effect, and

• (iii) that the advertisement will be published in the United Kingdom.

• (3) 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.

Internet services

123

• (1) A person who carries on any business in the United Kingdom commits an offence if—

• (a) the person, acting in the course of business, provides an internet service by means of which an advertisement is published or distributed in the United Kingdom,

• (b) the advertisement’s 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

• (c) the person knows or has reason to suspect—

• (i) that the advertisement will be published or distributed in the United Kingdom by means of the service that they provide, and

• (ii) that the advertisement has that purpose or will have that effect.

• (2) A person who carries on any business in the United Kingdom commits an offence if—

• (a) the person, acting in the course of business, provides an internet service by means of which an advertisement is published or distributed in the United Kingdom,

• (b) the advertisement’s 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,

• (c) the person becomes aware of the circumstances set out in paragraphs (a) and (b), and

• (d) the person fails to take all reasonable steps to prevent the advertisement from being further viewed by or distributed to the public in the United Kingdom.

• (3) 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.

• (4) In this section “internet service” means a service that is made available by means of the internet.

• (5) For the purposes of subsection (4) a service is “made available by means of the internet” even where it is made available by means of a combination of—

• (a) the internet, and

• (b) an electronic communications service.

• (6) “Electronic communications service” has the same meaning as in the Communications Act 2003 (see section 32(2) of that Act).

Exceptions for internet service providers (conduits, caching and hosting)

124

• (1) An internet service provider does not commit an offence under section 118, 121, 122 or 123 by—

• (a) providing access to a communication network, or

• (b) transmitting, in a communication network, information provided by a user, if the provider does not—

• (i) initiate the transmission,

• (ii) select the recipient of the transmission, or

• (iii) select or modify the information contained in the transmission.

• (2) The references in subsection (1) to providing access to, or transmitting information in, a communication network include storing the information transmitted so far as the storage—

• (a) is automatic, intermediate and transient,

• (b) is solely for the purpose of carrying out the transmission in the network, and

• (c) is for no longer than is reasonably necessary for the transmission.

• (3) An internet service provider does not commit an offence under section 118, 121, 122 or 123 by storing information provided by a user for transmission in a communication network if—

• (a) the storage of the information—

• (i) is automatic, intermediate and temporary, and

• (ii) is solely for the purpose of making more efficient the onward transmission of the information to other users at their request, and

• (b) the internet service provider—

• (i) does not modify the information,

• (ii) complies with any conditions attached to having access to the information, and

• (iii) upon knowing of a matter within subsection (4), promptly removes the information or disables access to it.

• (4) The matters within this subsection are—

• (a) that the information at the initial source of the transmission has been removed from the network;

• (b) that access to the information has been disabled;

• (c) that a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information.

• (5) An internet service provider does not commit an offence under section 118, 121, 122 or 123(1) by storing information provided by a user who is not acting under the authority or control of the provider if—

• (a) when the information was provided, the provider did not know that it was or contained a relevant advertisement, and

• (b) upon knowing that the information is or contains a relevant advertisement, the provider promptly removes the information or disables access to it.

• (6) In this section—

• “internet service provider” means a provider of— a service that is made available by means of the internet, or a service that provides access to the internet;

• “relevant advertisement” means an advertisement whose purpose is, or effect will be, to promote— a tobacco product, a herbal smoking product, cigarette papers, a vaping product, or a nicotine product;

• “user”, in relation to an internet service provider, means a user of a service provided by the internet service provider.

• (7) In the definition of “internet service provider” in subsection (6), a reference to the internet includes a combination of the internet and an electronic communications service (as defined by section 32(2) of the Communications Act 2003).

Advertising defences: general

125

• (1) Where a person is charged with an offence under any of sections 118 to 123 in relation to an advertisement it is a defence for the person to show that—

• (a) it is, or is contained in, a communication that is made in the course of business which is part of a relevant trade and it is made for the purpose of that trade and directed solely at relevant persons involved in that trade (see subsection (2)),

• (b) it is, or is contained in, a reply to a particular request by an individual for information about a tobacco product, a herbal smoking product, cigarette papers, a vaping product or a nicotine product, or

• (c) it is contained in a publication, other than in an in-flight magazine—

• (i) which is printed outside the United Kingdom, and

• (ii) whose principal market is not the United Kingdom (or any part of the United Kingdom).

• (2) For the purposes of subsection (1)(a)—

• “relevant person”: a person is a “relevant person” involved in a relevant trade if the person is engaged in, or employed by, a business which is part of that trade and the person— is responsible for making decisions on behalf of that business about the purchase of tobacco products, herbal smoking products, cigarette papers, vaping products or nicotine products which are to be sold in the course of the business, occupies a position in the management structure of the business which is equivalent in seniority to, or of greater seniority than, that of a person who is responsible as mentioned in paragraph (a), or is responsible for the conduct of the business or is a member of the board of directors or other body of persons (however described) that is responsible for the conduct of the business;

• “relevant trade” means— the tobacco products trade, the herbal smoking products trade, the cigarette papers trade, the vaping products trade, or the nicotine products trade.

• (3) Where in accordance with subsection (1) it is a defence for a person charged with an offence to show a particular matter, the person is taken to show that matter if—

• (a) sufficient evidence of the matter is adduced to raise an issue with respect to it, and

• (b) the contrary is not proved beyond reasonable doubt.

Advertising defence: public health campaigns

126

• (1) Where a person is charged with an offence under any of sections 118 to 123 in relation to an advertisement whose purpose is to promote vaping products or nicotine products in general, or a category of such products, it is a defence for the person to show that they knew or reasonably believed that they were acting in accordance with arrangements made by a public authority.

• (2) A public authority may only make such arrangements for the purposes of promoting or protecting public health.

• (3) Where in accordance with subsection (1) it is a defence for a person charged with an offence to show a particular matter, the person is taken to show that matter if—

• (a) sufficient evidence of the matter is adduced to raise an issue with respect to it, and

• (b) the contrary is not proved beyond reasonable doubt.

• (4) A reference in this section to a “category” of vaping products or nicotine products does not include a brand.

Specialist tobacconists

127

• (1) A person does not commit an offence under any of sections 118 to 122 in relation to an advertisement whose purpose is or effect will be to promote a tobacco product if the advertisement—

• (a) is in a specialist tobacconist,

• (b) is not visible from outside the specialist tobacconist,

• (c) is not for cigarettes or hand-rolling tobacco, and

• (d) complies with the requirements (if any) specified by the appropriate national authority in regulations as to the inclusion of health warnings and information.

• (2) Regulations under subsection (1) are subject to the negative resolution procedure.

• (3) In this section—

• “appropriate national authority”— in relation to specialist tobacconists in England, means the Secretary of State, in relation to specialist tobacconists in Wales, means the Welsh Ministers, in relation to specialist tobacconists in Scotland, means the Scottish Ministers, and in relation to specialist tobacconists in Northern Ireland, means the Department of Health in Northern Ireland;

• “shop” includes a self-contained part of a shop (and, in relation to a self-contained part of a shop, “premises” means that self-contained part);

• “specialist tobacconist” means a shop selling tobacco products by retail (whether or not it also sells other things) more than half of whose sales on the premises in question derive from the sale of cigars, snuff, pipe tobacco and smoking accessories.

• (4) For the purposes of determining whether a shop is a specialist tobacconist, the sales are to be measured by sale price—

• (a) during the most recent period of 12 months for which accounts are available, or

• (b) during the period for which the shop has been established, if it has not been established long enough for 12 months’ accounts to be available.

Exclusion for advertisements that are displays

128

• (1) No offence is committed under this Part by the display of something that amounts to an advertisement if the display of that thing is subject to the law relating to displays.

• (2) For this purpose, the display of something is “subject to the law relating to displays” if—

• (a) regulations could be made in respect of the display under section 13 (England);

• (b) the display falls within section 1(1) of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) (whether or not an offence is committed under that section in respect of it) or regulations could be made in respect of the display under section 3 or 3A of that Act (Scotland);

• (c) regulations could be made in respect of the display under section 14 (Wales);

• (d) regulations could be made in respect of the display under Article 4K of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) (Northern Ireland).

Brandsharing

Brandsharing

129

• (1) The Secretary of State may by regulations make provision prohibiting or restricting brandsharing in relation to—

• (a) tobacco products;

• (b) herbal smoking products;

• (c) cigarette papers;

• (d) vaping products;

• (e) nicotine products.

• (2) In subsection (1) “brandsharing”, in relation to such a product (a “relevant product”), means—

• (a) the use in connection with a service or product (other than the relevant product) of anything which is the same as, or similar to, a name, emblem or any other feature identified with the relevant product, or

• (b) the use in connection with the relevant product of anything which is the same as, or similar to, a name, emblem or other feature identified with a service or product other than the relevant product,

where the purpose of the use is, or the effect of the use will be, to promote the relevant product.

• (3) Regulations under this section may create offences in relation to a failure to comply with the regulations.

• (4) The regulations must provide for any offence to be triable either way and punishable—

• (a) on conviction on indictment, by imprisonment for a term not exceeding 2 years, or a fine, or both;

• (b) on summary conviction—

• (i) in England and Wales, by imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;

• (ii) in Scotland, by imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both;

• (iii) in Northern Ireland, by imprisonment for a term not exceeding 6 months, or a fine not exceeding the statutory maximum, or both.

• (5) Before making regulations under this section the Secretary of State must obtain the consent of—

• (a) 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;

• (b) the Department of Health in Northern Ireland, if the regulations contain provision which—

• (i) would be within the legislative competence of the Northern Ireland Assembly if contained in an Act of the Assembly, and

• (ii) would not, if it were contained in a Bill for an Act of the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.

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

Sponsorship

Sponsorship: tobacco products

130

• (1) A person commits an offence if—

• (a) the person is party to an agreement (entered into at any time),

• (b) under the agreement, a party to it, acting in the course of business, makes a contribution towards something,

• (c) the purpose of anything done as a result of the agreement is, or its effect will be, to promote a tobacco product in the United Kingdom, and

• (d) the person knew or had reason to suspect—

• (i) that the contribution referred to in paragraph (b) was made in the course of business, and

• (ii) that the action referred to in paragraph (c) had that purpose or would have that effect.

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

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

• (b) on summary conviction—

• (i) in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;

• (ii) in Scotland, to imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both;

• (iii) in Northern Ireland, to imprisonment for a term not exceeding 6 months, or a fine not exceeding the statutory maximum, or both.

Sponsorship: vaping and nicotine and other products

131

• (1) A person commits an offence if—

• (a) the person is party to an agreement entered into on or after the day on which this section comes into force,

• (b) under the agreement, a party to it, acting in the course of business, makes a contribution towards something,

• (c) the purpose of anything done on or after the specified date as a result of the agreement is, or its effect will be, to promote in the United Kingdom—

• (i) a herbal smoking product,

• (ii) cigarette papers,

• (iii) a vaping product, or

• (iv) a nicotine product, and

• (d) the person knew or had reason to suspect—

• (i) that the contribution referred to in paragraph (b) was made in the course of business, and

• (ii) that the action referred to in paragraph (c) had that purpose or would have that effect.

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

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

• (b) on summary conviction—

• (i) in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;

• (ii) in Scotland, to imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both;

• (iii) in Northern Ireland, to imprisonment for a term not exceeding 6 months, or a fine not exceeding the statutory maximum, or both.

• (3) In subsection (1) “specified date” means a date specified by the Secretary of State by regulations.

Audiovisual services and radio broadcasting

Audiovisual services and radio broadcasting

132

This Part does not apply in relation to anything included in—

• (a) a service falling within section 211(1) of the Communications Act 2003 (independent television services regulated by the Office of Communications) which is not an additional television service (within the meaning of Part 3 of that Act),

• (b) a service which—

• (i) falls within section 245(1) of the Communications Act 2003 (independent radio services regulated by the Office of Communications), and

• (ii) is not a digital additional sound service (within the meaning of Part 3 of that Act),

• (c) an on-demand programme service (within the meaning given by section 368A of the Communications Act 2003),

• (d) a non-UK on-demand programme service that is a Tier 1 service (within the meaning given by sections 368AA and 368HA of the Communications Act 2003 respectively), or

• (e) a service provided by the British Broadcasting Corporation or Sianel Pedwar Cymru (the body corporate so named by section 56 of the Broadcasting Act 1990).

Extension of provisions about audiovisual and radio broadcasting

133

Schedule 16 contains—

• (a) amendments to extend certain provisions of the Communications Act 2003 to all vaping products and to herbal smoking products, cigarette papers and nicotine products, and

• (b) other amendments to that Act made in consequence of this Part.

Offences by bodies

Liability of others for offences committed by bodies

134

• (1) Where an offence under this Part or under regulations made under it—

• (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.

• (2) 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

Enforcement authorities

135

• (1) It is the duty of an enforcement authority to enforce within its area the provisions of this Part.

• (2) In this Part “enforcement authority” means—

• (a) in relation to England and Wales, local weights and measures authorities,

• (b) in relation to Scotland, local weights and measures authorities, and

• (c) in relation to Northern Ireland, district councils.

Power of ministers etc to take over enforcement functions

136

• (1) The appropriate national authority may direct that, in relation to cases of a particular description or in a particular case, the duty imposed on an enforcement authority by section 135 is to be discharged by the appropriate national authority and not by the enforcement authority.

• (2) In subsection (1) “appropriate national authority”—

• (a) in relation to the giving of a direction to an enforcement authority in England, means the Secretary of State,

• (b) in relation to the giving of a direction to an enforcement authority in Wales, means the Welsh Ministers,

• (c) in relation to the giving of a direction to an enforcement authority in Scotland, means the Scottish Ministers, and

• (d) in relation to the giving of a direction to an enforcement authority in Northern Ireland, means the Department of Health in Northern Ireland.

Power of ministers etc to take over proceedings

137

• (1) The Secretary of State may take over the conduct of any proceedings from an enforcement authority in England in respect of an offence committed under this Part.

• (2) The Welsh Ministers may take over the conduct of any proceedings from an enforcement authority in Wales in respect of an offence committed under this Part.

• (3) The Department of Health in Northern Ireland may take over the conduct of any proceedings from an enforcement authority in Northern Ireland in respect of an offence committed under this Part.

Alignment of definition in old advertising legislation pending replacement

Alignment of definition of “tobacco product” in old legislation

138

In section 1 of the Tobacco Advertising and Promotion Act 2002 (interpretation), for the definition of “tobacco product” substitute—

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

Power to extend advertising legislation

Power to extend Part 6 and Communications Act 2003 to other products

139

• (1) The Secretary of State may by regulations amend this Part or any provision of the Communications Act 2003 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 Secretary of State must consult any persons the Secretary of State considers it appropriate to consult.

• (3) Before making regulations under this section the Secretary of State must obtain the consent of—

• (a) the Welsh Ministers, if the regulations contain provision which would be within the legislative competence of Senedd Cymru if contained in an Act of the Senedd;

• (b) the Scottish Ministers, if the regulations contain provision which would be within the legislative competence of the Scottish Parliament if contained in an Act of the Scottish Parliament;

• (c) the Department of Health in Northern Ireland, if the regulations contain provision which—

• (i) would be within the legislative competence of the Northern Ireland Assembly if contained in an Act of the Assembly, and

• (ii) would not, if it were contained in a Bill for an Act of the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.

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

Crown application

Crown application

140

• (1) This Part and regulations made under it bind the Crown.

• (2) Nothing in this Part or regulations made under it makes the Crown criminally liable.

• (3) The High Court in England and Wales or Northern Ireland, or the Court of Session in Scotland, may declare unlawful any act or omission for which the Crown would be criminally liable if it were not for subsection (2).

• (4) The power of the Court of Session to make a declaration under subsection (3) may only be made on an application by—

• (a) the Scottish Ministers, or

• (b) a local weights and measures authority in Scotland.

• (5) Subsection (2) does not affect the criminal liability of persons in the service of the Crown.

Interpretation

Interpretation of Part 6

141

In this Part—

• “cigarette papers” has the meaning given by section 116;

• “distributes” includes making available;

• “enforcement authority” has the meaning given by section 135(2);

• “filter” has the meaning given by section 116;

• “herbal smoking product” has the meaning given by section 116;

• “nicotine product” has the meaning given by section 117;

• “tobacco product” has the meaning given by section 116;

• “vaping product” has the meaning given by section 116.

Part 7 — Smoke-free places, vape-free places and other free-from places

England

Addition of smoke-free places in England

142

• (1) The Health Act 2006 is amended as follows.

• (2) For section 4 substitute—

(4) (1) The Secretary of State may make regulations designating as smoke-free any place in England that— (a) is a workplace, or (b) is open to the public, and is not smoke-free under section 2. (2) If the place is used as a place of work or open to the public only some of the time the regulations must provide for it to be smoke-free only when so used. (3) The regulations may, in particular— (a) provide for places or vehicles to be smoke-free, in specified circumstances, at specified times or if specified conditions are satisfied (or any combination of those); (b) provide for exceptions, which may be framed by reference to the designation by a person of areas which are not smoke-free. (4) Before making regulations under this section the Secretary of State must consult any persons the Secretary of State considers it appropriate to consult.

• (3) In section 5 (vehicles)—

• (a) in subsection (2), for paragraph (d) substitute—

(d) for exceptions, which may be framed by reference to the designation by a person of areas which are not smoke-free.

• (b) after subsection (3) insert—

(3A) Before making regulations under this section the Secretary of State must consult any persons the Secretary of State considers it appropriate to consult.

Smoke-free premises: recasting of power to exempt performers

143

• (1) In the Health Act 2006—

• (a) in section 3, omit subsections (5) and (8) (power to exempt premises by references to performers);

• (b) in section 6, in subsection (9) omit from “(and references” to the end;

• (c) in section 7—

• (i) in subsection (1), in paragraph (a) omit “(including premises which” to the end;

• (ii) for subsection (3) substitute—

(3) The Secretary of State may by regulations create defences to the offence under subsection (2) for the purpose of allowing a performer to smoke during a performance where that is justified in order to preserve the artistic integrity of the performance.

• (iii) in subsection (5), for “in subsection” substitute “under or by virtue of subsection (3) or”;

• (d) in section 8—

• (i) omit subsection (2);

• (ii) after subsection (5) insert—

(5A) The Secretary of State may by regulations create defences to the offence under subsection (4) for the purpose of allowing a performer to smoke during a performance where that is justified in order to preserve the artistic integrity of the performance.

• (iii) in subsection (6), after “subsection (5)” insert “or (5A)”;

• (iv) in subsection (8) omit from “(and references” to the end;

• (e) in section 79, for “7(6), 8(7)” substitute “7(3) or (6), 8(5A) or (7)”.

• (2) Regulation 6 of the Smoke-free (Exemptions and Vehicles) Regulations (S.I. 2007/765) is revoked.

No-smoking signs in England

144

• (1) Section 6 of the Health Act 2006 (no-smoking signs) is amended as follows.

• (2) For subsection (1) substitute—

(1) A person who occupies or is concerned in the management of smoke-free premises must make sure that no-smoking signs are displayed in or near those premises in accordance with any requirements imposed by regulations made by the Secretary of State for the purposes of this subsection. (1A) The regulations may, in particular, impose requirements about— (a) the content or appearance of a sign (for example, requirements as to its size, design, colour, or wording); (b) how and where signs are to be displayed.

• (3) After subsection (2) insert—

(2A) Regulations under subsection (2) may, in particular, include any provision that may be made by regulations under subsection (1).

• (4) Omit subsections (3) and (4).

Vape-free places in England

145

• (1) The Health Act 2006 is amended as follows.

• (2) After section 8 insert—

(8A) This Chapter makes provision for the prohibition of the use of certain vapes in places and vehicles in England that are designated vape-free under section 8B. (8B) (1) The Secretary of State may make regulations designating places or vehicles in England as vape-free. (2) Only smoke-free places may be designated as vape-free. (3) The regulations may, in particular— (a) provide for places or vehicles to be vape-free, in specified circumstances, at specified times or if specified conditions are satisfied (or any combination of those); (b) provide for exceptions, which may be framed by reference to the designation by a person of areas which are not vape-free. (4) The regulations may, in particular, frame the circumstances in which a vehicle is vape-free by reference to— (a) whether a person under the age of 18 is present; (b) its location. (5) The power to make regulations under this section is not exercisable in relation to— (a) any ship or hovercraft in relation to which regulations could be made under section 85 of the Merchant Shipping Act 1995 (safety and health on ships), including that section as applied by any Order in Council under section 1(1)(h) of the Hovercraft Act 1968, or (b) persons on any such ship or hovercraft. (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) References in this Part, however expressed, to places or vehicles that are vape-free, are to places or vehicles so far as they are vape-free by virtue of regulations under this section. (8) In this section “smoke-free place” has the meaning given by section 7(1). (8C) (1) A person who uses a relevant vape in a vape-free place or vehicle commits an offence. (2) It is a defence for a person charged with an offence under this section to show that they did not know, and could not reasonably have been expected to know, that it was a vape-free place or vehicle. (3) The Secretary of State may by regulations create defences to the offence under this section for the purpose of allowing a performer to use a vape during a performance where that is justified in order to preserve the artistic integrity of the performance. (4) If a person charged with an offence under this section relies on a defence under or by virtue of subsection (2) or (3), and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not. (5) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 1 on the standard scale. (6) In this Part “relevant vape” means a vape that is not a heated tobacco device. (8D) (1) A person who controls or is concerned in the management of a vape-free place must cause a person using a relevant vape there to stop using the vape. (2) The driver of a vape-free vehicle, and any other person specified in regulations made by the Secretary of State, must cause a person using a relevant vape in the vehicle to stop using the vape. (3) A person who fails to comply with the duty in subsection (1) or (2) commits an offence. (4) It is a defence for a person charged with an offence under subsection (3) to show— (a) that they took reasonable steps to cause the person in question to stop using the vape, (b) that they did not know, and could not reasonably have been expected to know, that the person in question was using a vape, or (c) that on other grounds it was reasonable for them not to comply with the duty. (5) The Secretary of State may by regulations create defences to the offence under subsection (3) for the purpose of allowing a performer to use a vape during a performance where that is justified in order to preserve the artistic integrity of the performance. (6) If a person charged with an offence under this section relies on a defence under or by virtue of subsection (4) or (5), and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not. (7) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale. (8E) (1) A person who occupies or is concerned in the management of a vape-free place must make sure that no-vaping signs are displayed in or near that place in accordance with any requirements imposed by regulations made by the Secretary of State for the purposes of this subsection. (2) A person who has management responsibilities for a vape-free vehicle must make sure that no-vaping signs are displayed in that vehicle in accordance with any requirements imposed by regulations made by the Secretary of State for the purposes of this subsection. (3) Regulations under subsection (1) or (2) may, in particular, impose requirements about— (a) the content or appearance of a sign (for example, requirements as to its size, design, colour, or wording); (b) how and where signs are to be displayed. (4) The Secretary of State may by regulations create exceptions to the duty in subsection (2). (5) A person who fails to comply with the duty in subsection (1) or (2) commits an offence. (6) It is a defence for a person charged with an offence under subsection (5) to show— (a) that they did not know, and could not reasonably have been expected to know, that the place or vehicle was vape-free, (b) that they did not know, and could not reasonably have been expected to know, that no-vaping signs complying with the requirements of this section were not being displayed in accordance with the requirements of this section, or (c) that on other grounds it was reasonable for them not to comply with the duty. (7) If a person charged with an offence under subsection (5) relies on a defence in subsection (6), and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not. (8) A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (3) Sections 9 to 11 (and the italic heading before section 9) become a new Chapter 1C of Part 1, with the heading “Enforcement”.

• (4) Section 12 becomes a new Chapter 1D of Part 1, with the heading “General”.

• (5) In section 79 (orders and regulations), in subsection (4)(a), after “8(5A) or (7)” (inserted by section 143) insert “, 8B, 8C(3), 8D(5)”.

Heated tobacco-free places in England

146

• (1) The Health Act 2006 is amended as follows.

• (2) After section 8E (inserted by section 145 of this Act) insert—

(8F) This Chapter makes provision for the prohibition of the use of heated tobacco devices in places and vehicles in England that are designated heated tobacco-free under section 8G. (8G) (1) The Secretary of State may make regulations designating places or vehicles in England as heated tobacco-free. (2) Only smoke-free places may be designated as heated tobacco-free. (3) The regulations may, in particular— (a) provide for places or vehicles to be heated tobacco-free, in specified circumstances, at specified times or if specified conditions are satisfied (or any combination of those); (b) provide for exceptions, which may be framed by reference to the designation by a person of areas which are not heated tobacco-free. (4) The regulations may, in particular, frame the circumstances in which a vehicle is heated tobacco-free by reference to— (a) whether a person under the age of 18 is present; (b) its location. (5) The power to make regulations under this section is not exercisable in relation to— (a) any ship or hovercraft in relation to which regulations could be made under section 85 of the Merchant Shipping Act 1995 (safety and health on ships), including that section as applied by any Order in Council under section 1(1)(h) of the Hovercraft Act 1968, or (b) persons on any such ship or hovercraft. (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) References in this Part, however expressed, to places or vehicles that are heated tobacco-free, are to places or vehicles so far as they are heated tobacco-free by virtue of regulations under this section. (8) In this section “smoke-free place” has the meaning given by section 7(1). (8H) (1) A person who uses a heated tobacco device in a heated tobacco-free place or vehicle commits an offence. (2) It is a defence for a person charged with an offence under this section to show that they did not know, and could not reasonably have been expected to know, that it was a heated tobacco-free place or vehicle. (3) The Secretary of State may by regulations create defences to the offence under this section for the purpose of allowing a performer to use a heated tobacco device during a performance where that is justified in order to preserve the artistic integrity of the performance. (4) If a person charged with an offence under this section relies on the defence under or by virtue of subsection (2) or (3), and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not. (5) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 1 on the standard scale. (8I) (1) A person who controls or is concerned in the management of a heated tobacco-free place must cause a person using a heated tobacco device there to stop using the device. (2) The driver of a heated tobacco-free vehicle, and any other person specified in regulations made by the Secretary of State, must cause a person using a heated tobacco device in the vehicle to stop using the device. (3) A person who fails to comply with the duty in subsection (1) or (2) commits an offence. (4) It is a defence for a person charged with an offence under subsection (3) to show— (a) that they took reasonable steps to cause the person in question to stop using the heated tobacco device, (b) that they did not know, and could not reasonably have been expected to know, that the person in question was using a heated tobacco device, or (c) that on other grounds it was reasonable for them not to comply with the duty. (5) The Secretary of State may by regulations create defences to the offence under subsection (3) for the purpose of allowing a performer to use a heated tobacco device during a performance where that is justified in order to preserve the artistic integrity of the performance. (6) If a person charged with an offence under this section relies on a defence under or by virtue of subsection (4) or (5), and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not. (7) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale. (8J) (1) A person who occupies or is concerned in the management of a heated tobacco-free place must make sure that signs are displayed in or near that place in accordance with any requirements imposed by regulations made by the Secretary of State for the purposes of this subsection. (2) A person who has management responsibilities for a heated tobacco-free vehicle must to make sure that signs are displayed in that vehicle in accordance with any requirements imposed by regulations made by the Secretary of State for the purposes of this subsection. (3) The signs must indicate that the use of heated tobacco devices is prohibited in the place or vehicle. (4) Regulations under subsection (1) or (2) may, in particular, impose requirements about— (a) the content or appearance of a sign (for example, requirements as to its size, design, colour, or wording); (b) how and where signs are to be displayed. (5) The Secretary of State may by regulations create exceptions to the duty in subsection (2). (6) A person who fails to comply with the duty in subsection (1) or (2) commits an offence. (7) It is a defence for a person charged with an offence under subsection (6) to show— (a) that they did not know, and could not reasonably have been expected to know, that the place or vehicle was heated tobacco-free, (b) that they did not know, and could not reasonably have been expected to know, that signs complying with the requirements of this section were not being displayed in accordance with the requirements of this section, or (c) that on other grounds it was reasonable for them not to comply with the duty. (8) If a person charged with an offence under subsection (6) relies on a defence in subsection (7), and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not. (9) A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (3) In section 79 (orders and regulations), in subsection (4)(a), after “, 8D(5),” (inserted by section 145 of this Act) insert “, 8G, 8H(3), 8I(5)”.

Amendments consequential on sections 142 to 146

147

Schedule 17 contains amendments consequential on sections 142 to 146.

Scotland

No-smoking premises in Scotland

148

• (1) In the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13)—

• (a) in section 4 (meaning of “no-smoking premises” etc), for subsections (2) to (9) substitute—

(2) In this Part, “no-smoking premises” means such premises as are prescribed by regulations made by the Scottish Ministers. (3) Premises other than vehicles may be prescribed as no-smoking premises only if they are— (a) wholly or substantially enclosed, (b) workplaces, or (c) open to the public. (4) If premises that are not wholly or substantially enclosed are used as a place of work, or open to the public, only some of the time, regulations prescribing them as no-smoking premises must provide for them to be no-smoking premises only when so used. (5) The power to prescribe no-smoking premises may not be used to prescribe a ship or hovercraft in relation to which regulations could be made under section 85 of the Merchant Shipping Act 1995 (safety and health on ships), including that section as applied by any Order in Council under section 1(1)(h) of the Hovercraft Act 1968. (6) Regulations prescribing premises as no smoking-premises may, in particular— (a) provide for them to be no-smoking premises, in specified circumstances, at specified times or if specified conditions are satisfied (or any combination of those); (b) provide for exceptions, which may be framed by reference to the designation by a person of areas in which smoking is permitted. (7) The Scottish Ministers must consult such persons as they consider appropriate before making any regulations under this section. (8) The Scottish Ministers may by regulations define or elaborate the meaning of “wholly or substantially enclosed” in subsection (3)(a). (9) In this section— - “open to the public”: premises are open to the public if the public or a section of the public has access to them, whether by invitation or not, and whether on payment or not; - “premises” includes any place, including a moveable structure or vehicle, other than an aircraft; - “vehicle” means every type of vehicle, including a vessel; - “work” includes voluntary work; - “workplace” means— a place of work used by more than one person (even if the persons who work there do so at different times, or only intermittently), or a place of work where members of the public might attend for the purpose of seeking or receiving goods or services from the person or persons working there (even if members of the public are not always present).

• (b) omit sections 4A to 4D (provision about smoking outside hospitals).

• (2) In regulation 3 of the Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006 (S.S.I. 2006/90) (“no-smoking premises”)—

• (a) in paragraph (1), for the words from “the premises or classes of premises specified” to the end substitute

premises or classes of premises that are— (a) specified in Schedule 1 to these Regulations, and (b) wholly or substantially enclosed, subject to paragraph (2).

• (b) for paragraph (2) substitute—

(2) But “no smoking-premises” does not include anything specified in Schedule 2 to these Regulations.

• (c) in paragraph (3)—

• (i) for the words before paragraph (a) substitute “In this regulation”;

• (ii) omit paragraph (a);

• (iii) omit paragraph (f).

No-smoking signs in Scotland

149

• (1) The Smoking, Health and Social Care (Scotland) Act 2005 (asp 13) is amended as follows.

• (2) For section 3 substitute—