Legalize
Legalize / United Kingdom / Public General Act

Tobacco and Vapes Act 2026

Type Public General Act
Publication 2026-04-29
Last updated 2026-07-21
State In force
Department Statute Law Database
Source legislation.gov.uk
PDF Download
articles Not indexed
Reform history JSON API

(17B) (1) Regulations may designate places or vehicles in Wales as vape-free. (2) Only smoke-free premises or smoke-free vehicles may be designated as vape-free. (3) The regulations may, among other things— (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) an aircraft, (b) a hovercraft, or (c) a ship in relation to which regulations could be made under section 85 of the Merchant Shipping Act 1995 (safety and health on ships). (6) Before making regulations under this section the Welsh Ministers must consult any persons the Welsh Ministers consider it appropriate to consult. (7) In this section— - “smoke-free premises” (“mangre di-fwg”) has the same meaning as in Chapter 1 (see sections 7 to 14); - “smoke-free vehicle” (“cerbyd di-fwg”) has the same meaning as in Chapter 1 (see section 15). (17C) (1) A person commits an offence if the person uses a relevant vape— (a) in a vape-free place; (b) in a vape-free vehicle. (2) It is a defence for a person charged with an offence under this section to show— (a) that the person did not know, and could not reasonably have been expected to know, that the place or vehicle concerned was a vape-free place or a vape-free vehicle, or (b) that— (i) the person using the vape was using it when performing in a performance, (ii) that the use of the vape was justified to preserve the artistic integrity of the performance, and (iii) that the vape was not being used to vaporise a substance containing nicotine. (3) If a person charged with an offence under this section relies on a defence in subsection (2), 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. (4) 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. (5) In this Chapter “relevant vape” means a vape that is not a heated tobacco device. (17D) (1) A person who controls or is concerned in the management of a place that is vape-free must take reasonable steps to 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, must take reasonable steps to 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 this section to show that they did not know, and could not reasonably have been expected to know, that the person in question was using a vape. (5) It is a defence for a person charged with an offence under this section to show— (a) that the person using the vape was using it when performing in a performance, (b) that the use of the vape was justified to preserve the artistic integrity of the performance, and (c) that the vape was not being used to vaporise a substance containing nicotine. (6) If a person charged with an offence under this section relies on the defence in 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. (17E) (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. (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. (3) Regulations under subsection (1) or (2) may, among other things, 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) Regulations may 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 this section to show— (a) that the person did not know, and could not reasonably have been expected to know, that the place or vehicle was vape-free, (b) that the person 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 the person not to comply with the duty. (7) If a person charged with an offence under this section 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 this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale. (9) This section does not apply in respect of any premises used to any extent as a dwelling. (17F) In this Chapter— - “heated tobacco device” (“dyfais cynhesu tybaco”) means a device that heats tobacco to generate a vapour or an aerosol for the purpose of inhalation through a mouthpiece (whether or not it can also heat other matter to produce a vapour or aerosol); - “performance” (“perfformiad”) includes— the performance of a play or a performance given in connection with the making of a film or television programme, and a rehearsal; - “relevant vape” (“fêp perthnasol”) has the meaning given by section 17C(5); - “vape” (“fêp”) has the meaning given by section 50 of the Tobacco and Vapes Act 2026; - “vaporises” (“anweddu”) has the meaning given by section 50 of the Tobacco and Vapes Act 2026.

  • (4) In the Welsh language text and the English language text of section 123, in subsection (2)(a), before “or 50(2)” insert “17B(1),”.

Heated tobacco-free places in Wales

157
  • (1) The Public Health (Wales) Act 2017 (anaw 2) is amended as follows.
  • (2) In the Welsh language text, after section 17F (inserted by section 156) insert—

(17G) (1) Caiff rheoliadau ddynodi mannau neu gerbydau yng Nghymru yn rhai dim tybaco wedi ei gynhesu. (2) Dim ond mangreoedd di-fwg neu cherbydau di-fwg y caniateir eu dynodi’n rhai dim tybaco wedi ei gynhesu. (3) Caiff y rheoliadau, ymhlith pethau eraill— (a) darparu i fannau neu gerbydau fod yn rhai dim tybaco wedi ei gynhesu, o dan amgylchiadau penodedig, ar adegau penodedig neu os yw amodau penodedig wedi eu bodloni (neu unrhyw gyfuniad o’r rhain); (b) darparu ar gyfer eithriadau, y gellir eu llunio drwy gyfeirio at y dynodiad gan berson o ardaloedd nad ydynt yn rhai dim tybaco wedi ei gynhesu. (4) Caiff y rheoliadau, yn benodol, lunio’r amgylchiadau lle mae cerbyd yn un dim tybaco wedi ei gynhesu drwy gyfeirio at— (a) a oes person o dan 18 oed yn bresennol; (b) ei leoliad. (5) Nid yw’r pŵer i wneud rheoliadau o dan yr adran hon yn arferadwy mewn perthynas ag— (a) awyren, (b) hofrenfad, nac (c) llong y gellid gwneud rheoliadau mewn perthynas â hi o dan adran 85 o Ddeddf Llongau Masnach 1995 (diogelwch ac iechyd ar longau). (6) Cyn gwneud rheoliadau o dan yr adran hon, rhaid i Weinidogion Cymru ymgynghori ag unrhyw bersonau y mae Gweinidogion Cymru yn ystyried ei bod yn briodol ymgynghori â hwy. (7) Yn yr adran hon— - mae i “cerbyd di-fwg” (“smoke-free vehicle”) yr un ystyr ag ym Mhennod 1 (gweler adran 15); - mae i “mangre di-fwg” (“smoke-free premises”) yr un ystyr ag ym Mhennod 1 (gweler adrannau 7 i 14). (17H) (1) Mae person yn cyflawni trosedd os yw’r person yn defnyddio dyfais cynhesu tybaco— (a) mewn man dim tybaco wedi ei gynhesu; (b) mewn cerbyd dim tybaco wedi ei gynhesu. (2) Mae’n amddiffyniad i berson sydd wedi ei gyhuddo o drosedd o dan yr adran hon ddangos nad oedd y person yn gwybod, ac na ellid bod wedi disgwyl yn rhesymol iddo wybod, fod y man neu’r cerbyd o dan sylw yn fan dim tybaco wedi ei gynhesu neu’n gerbyd dim tybaco wedi ei gynhesu. (3) Os yw person sydd wedi ei gyhuddo o drosedd o dan yr adran hon yn dibynnu ar yr amddiffyniad yn is-adran (2), ac y dygir tystiolaeth sy’n ddigonol i godi mater mewn cysylltiad â’r amddiffyniad hwnnw, rhaid i’r llys gymryd bod yr amddiffyniad wedi ei fodloni oni bai bod yr erlyniad yn profi y tu hwnt i amheuaeth resymol nad yw wedi ei fodloni. (4) Mae person sy’n euog o drosedd o dan yr adran hon yn agored ar euogfarn ddiannod i ddirwy nad yw’n uwch na lefel 1 ar y raddfa safonol. (17I) (1) Rhaid i berson a chanddo reolaeth dros fan dim tybaco wedi ei gynhesu neu sy’n ymwneud â rheoli man dim tybaco wedi ei gynhesu gymryd camau rhesymol i beri i berson sy’n defnyddio dyfais cynhesu tybaco yno beidio â defnyddio’r ddyfais. (2) Rhaid i yrrwr cerbyd dim tybaco wedi ei gynhesu, ac unrhyw berson arall a bennir mewn rheoliadau, gymryd camau rhesymol i beri i berson sy’n defnyddio dyfais cynhesu tybaco yn y cerbyd beidio â defnyddio’r ddyfais. (3) Mae person sy’n methu â chydymffurfio â’r ddyletswydd yn is-adran (1) neu (2) yn cyflawni trosedd. (4) Mae’n amddiffyniad i berson sydd wedi ei gyhuddo o drosedd o dan yr adran hon ddangos nad oedd yn gwybod, ac na ellid bod wedi disgwyl yn rhesymol iddo wybod, fod y person o dan sylw yn defnyddio dyfais cynhesu tybaco. (5) Os yw person sydd wedi ei gyhuddo o drosedd o dan yr adran hon yn dibynnu ar yr amddiffyniad yn is-adran (4), ac y dygir tystiolaeth sy’n ddigonol i godi mater mewn cysylltiad â’r amddiffyniad hwnnw, rhaid i’r llys gymryd bod yr amddiffyniad wedi ei fodloni oni bai bod yr erlyniad yn profi y tu hwnt i amheuaeth resymol nad yw wedi ei fodloni. (6) Mae person sy’n euog o drosedd o dan yr adran hon yn agored ar euogfarn ddiannod i ddirwy nad yw’n uwch na lefel 4 ar y raddfa safonol. (17J) (1) Rhaid i berson sy’n meddiannu man dim tybaco wedi ei gynhesu neu sy’n ymwneud â rheoli man dim tybaco wedi ei gynhesu sicrhau bod arwyddion yn cael eu harddangos yn y man hwnnw neu’n agos ato yn unol ag unrhyw ofynion a osodir gan reoliadau. (2) Rhaid i berson sydd â chyfrifoldebau rheoli am gerbyd di-gynhesu tybaco sicrhau bod arwyddion yn cael eu harddangos yn y cerbyd hwnnw yn unol ag unrhyw ofynion a osodir gan reoliadau. (3) Rhaid i’r arwyddion ddynodi bod y defnydd o ddyfeisiau cynhesu tybaco wedi ei wahardd yn y man neu’r cerbyd. (4) Caiff rheoliadau o dan is-adran (1) neu (2), ymhlith pethau eraill, osod gofynion ynghylch— (a) cynnwys neu ymddangosiad arwydd (er enghraifft, gofynion o ran ei faint, ei ddyluniad, ei liw neu ei eiriad); (b) sut a ble y mae arwyddion i gael eu harddangos. (5) Caiff rheoliadau greu eithriadau i'r ddyletswydd yn is-adran (2). (6) Mae person sy’n methu â chydymffurfio â’r ddyletswydd yn is-adran (1) neu (2) yn cyflawni trosedd. (7) Mae’n amddiffyniad i berson sydd wedi ei gyhuddo o drosedd o dan yr adran hon ddangos— (a) nad oedd y person yn gwybod, ac na ellid bod wedi disgwyl yn rhesymol iddo wybod, fod y man neu’r cerbyd yn un dim tybaco wedi ei gynhesu, (b) nad oedd y person yn gwybod, ac na ellid bod wedi disgwyl yn rhesymol iddo wybod, nad oedd arwyddion sy’n cydymffurfio â gofynion yr adran hon yn cael eu harddangos yn unol â gofynion yr adran hon, neu (c) ei bod, ar seiliau eraill, yn rhesymol i’r person beidio â chydymffurfio â’r ddyletswydd. (8) Os yw person sydd wedi ei gyhuddo o drosedd o dan yr adran hon yn dibynnu ar amddiffyniad yn is-adran (7), ac y dygir tystiolaeth sy’n ddigonol i godi mater mewn cysylltiad â’r amddiffyniad hwnnw, rhaid i’r llys gymryd bod yr amddiffyniad wedi ei fodloni oni bai bod yr erlyniad yn profi y tu hwnt i amheuaeth resymol nad yw wedi ei fodloni. (9) Mae person sy’n euog o drosedd o dan yr adran hon yn agored ar euogfarn ddiannod i ddirwy nad yw’n uwch na lefel 3 ar y raddfa safonol. (10) Nid yw’r adran hon yn gymwys mewn cysylltiad ag unrhyw fangre a ddefnyddir i unrhyw raddau fel annedd. (17K) Yn y Bennod hon, ystyr “dyfais cynhesu tybaco” yw dyfais sy’n cynhesu tybaco i gynhyrchu anwedd neu erosol at ddiben mewnanadlu drwy ddarn i’w roi yn y geg (pa un a yw hefyd yn gallu cynhesu sylwedd arall i gynhyrchu anwedd neu erosol ai peidio).

  • (3) In the English language text, after section 17F (inserted by section 156) insert—

(17G) (1) Regulations may designate places or vehicles in Wales as heated tobacco-free. (2) Only smoke-free premises or smoke-free vehicles may be designated as heated tobacco-free. (3) The regulations may, among other things— (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) an aircraft, (b) a hovercraft, or (c) a ship in relation to which regulations could be made under section 85 of the Merchant Shipping Act 1995 (safety and health on ships). (6) Before making regulations under this section the Welsh Ministers must consult any persons the Welsh Ministers consider it appropriate to consult. (7) In this section— - “smoke-free premises” (“mangre di-fwg”) has the same meaning as in Chapter 1 (see sections 7 to 14); - “smoke-free vehicle” (“cerbyd di-fwg”) has the same meaning as in Chapter 1 (see section 15). (17H) (1) A person commits an offence if the person uses a heated tobacco device— (a) in a heated tobacco-free place; (b) in a heated tobacco-free vehicle. (2) It is a defence for a person charged with an offence under this section to show that the person did not know, and could not reasonably have been expected to know, that the place or vehicle concerned was a heated tobacco-free place or a heated tobacco-free vehicle. (3) If a person charged with an offence under this section relies on the defence in subsection (2), 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. (4) 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. (17I) (1) A person who controls or is concerned in the management of a place that is heated tobacco-free must take reasonable steps to 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, must take reasonable steps to 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 this section to show 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. (5) If a person charged with an offence under this section relies on the defence in subsection (4), 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. (6) 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. (17J) (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. (2) A person who has management responsibilities for a heated tobacco-free vehicle must make sure that signs are displayed in that vehicle in accordance with any requirements imposed by regulations. (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, among other things, 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) Regulations may 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 this section to show— (a) that the person did not know, and could not reasonably have been expected to know, that the place or vehicle was heated tobacco-free, (b) that the person 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 the person not to comply with the duty. (8) If a person charged with an offence under this section 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 this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale. (10) This section does not apply in respect of any premises used to any extent as a dwelling. (17K) In this Chapter, “heated tobacco device” means a device that heats tobacco to generate a vapour or an aerosol for the purpose of inhalation through a mouthpiece (whether or not it can also heat other matter to produce a vapour or aerosol).

  • (4) In the Welsh language text and the English language text of section 123, in subsection (2)(a), after “17B(1),” (inserted by section 156 of this Act) insert “17G(1)”.

Amendments consequential on sections 153 to 157

158

Schedule 19 contains amendments consequential on sections 153 to 157.

Northern Ireland

Additional smoke-free places in Northern Ireland

159
  • (2) For Article 5 substitute—

(5) (1) The Department may make regulations designating as smoke-free any place that— (a) is a workplace, or (b) is open to the public, and is not smoke-free under Article 3. (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 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 Article the Department must consult any persons that the Department considers it appropriate to consult.

  • (3) In Article 6 (vehicles)—
  • (a) in paragraph (2), for sub-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 paragraph (2) insert—

(3) Before making regulations under this Article the Department must consult any persons the Department considers it appropriate to consult.

No-smoking signs in Northern Ireland

160
  • (1) Article 7 of the Smoking (Northern Ireland) Order 2006 (S.I. 2006/2957 (N.I. 20)) (no-smoking signs) is amended as follows.
  • (2) For paragraph (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. (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 paragraph (2) insert—

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

  • (4) Omit paragraphs (3) and (4).

Vape-free places in Northern Ireland

161
  • (2) Articles 1 and 2 become Part 1, with the heading “Introductory”, and the italic heading before Article 1 is omitted.
  • (3) In Article 2 (interpretation), in paragraph (3) insert at the appropriate place—
  • “vape-free place”: see Article 9A;
  • “vape-free vehicle”: see Article 9A;
  • (4) Articles 3 to 9 (and the italic heading before Article 3) become Part 2, with the heading “Smoking”.
  • (5) After Article 9 insert—

(9A) (1) Regulations may designate places or vehicles 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) Before making regulations under this Article the Department must consult any persons it considers it appropriate to consult. (6) References in this Order, however expressed, to places or vehicles which are vape-free are to those places or vehicles so far as they are vape-free by virtue of regulations under this Article. (7) In this Article “smoke-free place” has the meaning given by Article 8(1). (9B) (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. (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. (3) Regulations under paragraph (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) Regulations may create exceptions to the duty in paragraph (2). (5) A person who fails to comply with the duty in paragraph (1) or (2) commits an offence. (6) It is a defence for a person charged with an offence under paragraph (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 Article were not being displayed in accordance with the requirements of this Article, 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 paragraph (5) relies on a defence in paragraph (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 paragraph (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. (9C) (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 paragraph (1) to show— (a) that they did not know, and could not reasonably have been expected to know, that it was a vape-free place or vehicle, or (b) that— (i) the person was using the vape when performing in a performance, (ii) that the use of the vape was justified to preserve the artistic integrity of the performance, and (iii) that the vape was not being used to vaporise a substance containing nicotine. (3) If a person charged with an offence under this Article relies on a defence in paragraph (2), 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. (4) 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. (9D) (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, 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 paragraph (1) or (2) commits an offence. (4) It is a defence for a person charged with an offence under paragraph (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) It is a defence for a person charged with an offence under paragraph (3) to show— (a) that the person using the vape was using it when performing in a performance, (b) that the use of the vape was justified to preserve the artistic integrity of the performance, and (c) that the vape was not being used to vaporise a substance containing nicotine. (6) If a person charged with an offence under this Article relies on a defence in paragraph (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 Article is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

  • (6) Articles 10 to 13 become Part 5, with the heading “Enforcement”, and the italic heading before Article 10 is omitted.
  • (7) Articles 14 to 17 (and the italic heading before Article 14) become Part 6, with the heading “Miscellaneous and supplementary”.
  • (8) In Article 15 (regulations), in paragraph (3)(a), after “6” insert “, 9A”.

Heated tobacco-free places in Northern Ireland

162
  • (2) In Article 2 (interpretation), in paragraph (3) insert at the appropriate place—
  • “heated tobacco-free place”: see Article 9E;
  • “heated tobacco-free vehicle”: see Article 9E;
  • (3) After Article 9D (inserted by section 161 of this Act) insert—

(9E) (1) Regulations may designate places or vehicles 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) Before making regulations under this Article the Department must consult any persons it considers it appropriate to consult. (6) References in this Order, however expressed, to places or vehicles which are heated tobacco-free are to those places or vehicles so far as they are heated tobacco-free by virtue of regulations under this Article. (7) In this Article “smoke-free place” has the meaning given by Article 8(1). (9F) (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. (2) A person who has management responsibilities for a heated tobacco-free vehicle must make sure that signs are displayed in that vehicle in accordance with any requirements imposed by regulations. (3) The signs must indicate that the use of heated tobacco devices is prohibited in the place or vehicle. (4) Regulations under paragraph (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) Regulations may create exceptions to the duty in paragraph (2). (6) A person who fails to comply with the duty in paragraph (1) or (2) commits an offence. (7) It is a defence for a person charged with an offence under paragraph (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 Article were not being displayed in accordance with the requirements of this Article, 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 paragraph (6) relies on a defence in paragraph (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 paragraph (6) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. (9G) (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 paragraph (1) 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) If a person charged with an offence under this Article relies on the defence in paragraph (2), 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. (4) 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. (9H) (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, 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 paragraph (1) or (2) commits an offence. (4) It is a defence for a person charged with an offence under paragraph (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) If a person charged with an offence under paragraph (3) relies on a defence in paragraph (4), 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. (6) A person guilty of an offence under paragraph (3) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

  • (4) In Article 15 (regulations), in paragraph (3)(a), after “, 9A” (inserted by section 161 of this Act) insert “, 9E”.

Amendments consequential on sections 159 to 162

163

Schedule 20 contains amendments consequential on sections 159 to 162.

Ships

Power to prohibit vaping etc on ships

164
  • (1) Section 85 of the Merchant Shipping Act 1995 (safety and health on ships) is amended as follows.
  • (2) In subsection (8)—
  • (a) in the words before paragraph (a)—
  • (i) after “prohibition of smoking” insert “or the use of relevant vapes or heated tobacco devices”;
  • (ii) for “smoking provisions” substitute “relevant provisions”;
  • (b) in paragraph (a), for “smoking provisions” substitute “relevant provisions”;
  • (c) in paragraph (b), at the end insert “in relation to the relevant provisions”;
  • (d) in paragraph (c)—
  • (i) after “enforcement functions” insert “in relation to the relevant provisions”;
  • (ii) after “authorised officers have” insert “in relation to smoking”;
  • (iii) for “(which confers powers of entry, etc., on authorised officers of enforcement authorities in relation to the enforcement of the provisions of that Act in relation to smoking)” substitute “(powers of entry)”;
  • (e) for paragraph (d) substitute—

(d) in relation to an offence of smoking or using a relevant vape or heated tobacco device in a place where to do so is prohibited under the relevant provisions, for purposes corresponding to those of section 9 and Schedule 1 to the Health Act 2006 (fixed penalties).

  • (f) omit the words after paragraph (d).
  • (3) After subsection (8) insert—

(9) In subsection (8)— - “heated tobacco device” means a device that heats tobacco to generate a vapour or an aerosol for the purpose of inhalation through a mouthpiece (whether or not it can also heat other matter to produce a vapour or aerosol); - “relevant vape” means a vape that is not a heated tobacco device; - “smoking” has the same meaning as in Chapter 1 of Part 1 of the Health Act 2006; - “vape” has the meaning given by section 50 of the Tobacco and Vapes Act 2026.

Part 8 — General

Review of Act

165
  • (1) The Secretary of State must—
  • (a) carry out a review of the operation of this Act during the relevant period, and
  • (b) prepare and lay before Parliament a report setting out the conclusions of that review.
  • (2) In carrying out the review the Secretary of State must, in particular—
  • (a) consider any evidence as to the economic or health impacts of the Act, and
  • (b) consult—
  • (i) the Welsh Ministers,
  • (ii) the Scottish Ministers, and
  • (iii) the Department of Health in Northern Ireland.
  • (3) In this section “the relevant period” means such period as the Secretary of State considers appropriate being a period of not less than 4 years, nor more than 7 years, beginning with the day on which this Act is passed.

Application to Parliament

166

To the extent that this Act or regulations made under it would not (but for this section) apply in relation to the Parliamentary Estate, they do so apply.

Further consequential amendments

167

Schedule 21 contains further consequential amendments.

Power of Secretary of State to make consequential provision

168
  • (1) The Secretary of State may by regulations make provision that is consequential on this Act.
  • (2) Regulations under this section may amend, repeal or revoke legislation passed or made before, or in the same Session as, this Act (including provision made by this Act).
  • (3) Regulations under this section that amend, repeal or revoke primary legislation are subject to the affirmative resolution procedure.
  • (4) Any other regulations under this section are subject to the negative resolution procedure.
  • (5) In this section “primary legislation” means—
  • (a) an Act of Parliament,
  • (b) an Act of the Scottish Parliament,
  • (c) an Act or Measure of Senedd Cymru, or
  • (d) Northern Ireland legislation.

Power of Scottish Ministers to make consequential provision

169
  • (1) The Scottish Ministers may by regulations make provision that is consequential on any of the following—
  • (a) Part 2 (sale and distribution);
  • (2) Regulations under this section may amend, repeal or revoke provision made by or under—
  • (a) an Act passed—
  • (i) before this Act, or
  • (ii) later in the same session of Parliament as this Act, or
  • (b) an Act of the Scottish Parliament passed before this Act.
  • (3) Regulations under this section that amend or repeal provision made by an Act of the Scottish Parliament, or an Act, are subject to the affirmative resolution procedure.
  • (4) Any other regulations under this section are subject to the negative resolution procedure.

Power of Welsh Ministers to make consequential provision

170
  • (1) The Welsh Ministers may by regulations make provision that is consequential on any of the following—
  • (a) Part 1 (sale and distribution);
  • (2) The only provision that may be made by virtue of this section is provision that would be within the legislative competence of Senedd Cymru if contained in an Act of the Senedd.
  • (3) Regulations under this section may amend, repeal or revoke provision made by or under—
  • (a) an Act passed—
  • (i) before this Act, or
  • (ii) later in the same session of Parliament as this Act, or
  • (b) an Act or Measure of Senedd Cymru passed before this Act.
  • (4) Regulations under this section that amend or repeal provision made by an Act or Measure of Senedd Cymru, or an Act, are subject to the affirmative resolution procedure.
  • (5) Any other regulations under this section are subject to the negative resolution procedure.

Power of Northern Ireland department to make consequential provision

171
  • (1) A Northern Ireland department may by regulations make provision that is consequential on any of the following—
  • (a) Part 3 (sale and distribution);
  • (2) Regulations under this section may amend, repeal or revoke provision made by or under—
  • (a) an Act passed—
  • (i) before this Act, or
  • (ii) later in the same session of Parliament as this Act, or
  • (b) Northern Ireland legislation passed or made before this Act.
  • (3) Regulations under this section that amend, repeal or revoke any provision of an Act or Northern Ireland legislation are subject to the affirmative resolution procedure.
  • (4) Any other regulations under this section are subject to the negative resolution procedure.

Regulations: general

172
  • (1) A power to make regulations under any provision of this Act includes power to make—
  • (a) consequential, supplementary, incidental, transitional or saving provision;
  • (b) different provision for different purposes;
  • (c) different provision for different parts of the United Kingdom.

Regulations and orders: procedure

173
  • (1) Regulations made by the Secretary of State under this Act are to be made by statutory instrument.
  • (2) For regulations made under this Act by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (definition of “Scottish statutory instrument”).
  • (3) Regulations or orders made by the Welsh Ministers under this Act are to be made by Welsh statutory instrument.
  • (4) Any power of a Northern Ireland department to make regulations or orders under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
  • (5) Where regulations under this Act are “subject to the affirmative resolution procedure”, the regulations—
  • (a) if made by the Secretary of State, may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament;
  • (b) if made by the Welsh Ministers, are subject to the Senedd approval procedure (see Part 2A of the Legislation (Wales) Act 2019 (anaw 4));
  • (c) if made by the Scottish Ministers, are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10));
  • (d) if made by a Northern Ireland department, may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
  • (6) Where regulations under this Act are “subject to the negative resolution procedure”—
  • (a) if made by the Secretary of State, the statutory instrument containing them is subject to annulment in pursuance of a resolution of either House of Parliament;
  • (b) if made by the Welsh Ministers, the regulations are subject to the Senedd annulment procedure (see Part 2A of the Legislation (Wales) Act 2019 (anaw 4));
  • (c) if made by the Scottish Ministers, the regulations are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10));
  • (d) if made by a Northern Ireland department, the regulations are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) as if they were a statutory instrument within the meaning of that Act.
  • (7) Any provision that may be made by the Secretary of State or a Northern Ireland department in regulations under this Act subject to the negative resolution procedure may be made by them in regulations subject to the affirmative resolution procedure.
  • (8) See also—
  • (a) section 33 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (combining Scottish subordinate legislation subject to different procedures);
  • (b) section 37G of the Legislation (Wales) Act 2019 (anaw 4) (combining Welsh subordinate legislation subject to different procedures).

Extent

174
  • (1) An amendment or repeal made by this Act has the same extent as the provision amended or repealed.
  • (2) Subject to that—
  • (a) Part 1 extends to England and Wales only;
  • (b) Part 2 extends to Scotland only;
  • (c) Part 3 extends to Northern Ireland only;
  • (d) Parts 4, 5 and 6 and this Part extend to England and Wales, Scotland and Northern Ireland.

Commencement: Parts 1 to 4

175
  • (1) Parts 1 to 4 of this Act (sale and distribution etc) come into force at the end of the period of 6 months beginning with the day on which it is passed, except as provided by subsections (2) to (8) .
  • (2) Any provision of, or amendment made by, Parts 1 to 3 so far as it confers a power to make regulations or relates to the exercise of the power, comes into force on the day on which this Act is passed.
  • (3) The following (which relate to the age of sale of tobacco etc) come into force on 1 January 2027 (so far as not in force by virtue of subsection (2))—
  • (b) section 52;
  • (4) Sections 16 to 18 and Schedules 1 and 2 (licensing of retail sales of tobacco products etc in England) come into force (so far as not in force by virtue of subsection (2)) on such day as the Secretary of State may by regulations appoint.
  • (5) The following provisions come into force (so far as not in force by virtue of subsection (2)) on such day as the Welsh Ministers may by order appoint—
  • (a) sections 19 to 22 and Schedules 3 and 4 (licensing of retail sales of tobacco products etc in Wales);
  • (6) Section 67 (alignment of definition of “tobacco product” in Scottish legislation) comes into force on the day on which this Act is passed.
  • (7) The following provisions come into force (so far as not in force by virtue of subsection (2)) on such day as the Scottish Ministers may by regulations appoint—
  • (a) section 63 (age verification in relation to tobacco and vaping products etc);
  • (8) The following come into force (so far as not in force by virtue of subsection (2)) on such day as the Department of Health in Northern Ireland may by order appoint—
  • (a) section 87 and Schedule 10 (extension of retailer register in Northern Ireland);
  • (b) section 88 and Schedules 11 to 13 (licensing of retail sales of tobacco products etc in Northern Ireland).
  • (9) Regulations or orders under this section may appoint different days for different purposes.

Commencement: Parts 5 to 8

176
  • (1) Part 5 (product and information requirements etc) comes into force on the day on which this Act is passed.
  • (2) In Part 6 (advertising and sponsorship)—
  • (a) section 138 comes into force on the day on which this Act is passed;
  • (b) sections 131, 140 and 141 come into force at the end of the period of 2 months beginning with the day on which this Act is passed;
  • (c) the other provisions come into force on such day as the Secretary of State may by regulations appoint.
  • (3) In Part 7 (smoke-free places, vape-free places and other free-from places)—
  • (d) sections 159 to 163 and Schedule 20 come into force on such day as the Department of Health in Northern Ireland may by order appoint.
  • (4) This Part comes into force on the day on which this Act is passed, apart from section 167 and Schedule 21 which come into force on such day as the Secretary of State may by regulations appoint.
  • (5) Regulations or orders under this section may appoint different days for different purposes.

Transitional provision

177
  • (1) The Welsh Ministers may by regulations make transitional or saving provision in connection with the coming into force of—
  • (2) The Scottish Ministers may by regulations make transitional or saving provision in connection with the coming into force of—
  • (a) Part 2 (sale and distribution: Scotland);
  • (3) The Department of Health in Northern Ireland may by regulations make transitional or saving provision in connection with the coming into force of—
  • (a) Part 3 (sale and distribution: Northern Ireland);
  • (4) The Secretary of State may by regulations make transitional or saving provision in connection with the coming into force of any provision of this Act.
  • (5) Transitional provision and savings made under this section are additional, and without prejudice, to those made by or under any other provision of this Act.
  • (6) A power conferred by subsections (1) to (4) includes power to make different provision for different purposes.
  • (7) A requirement imposed under or by virtue of this Act to consult any persons may be satisfied by consultation carried out before this Act comes into force.

Short title

178

This Act may be cited as the Tobacco and Vapes Act 2026.

Schedule 1 — Retail licensing scheme: England

Introduction

1

This Schedule is about the provision that may be made by regulations under section 16(4).

Licensing authority

2

The regulations must specify a description of local authority (a “licensing authority”) which is to grant licences.

Grant of licence

3
  • (1) The regulations may—
  • (a) prohibit a licensing authority from granting a licence unless satisfied as to a matter specified in the regulations;
  • (b) require a licensing authority to have regard, in deciding whether to grant a licence, to a matter specified in the regulations.
  • (a) provision prohibiting a licensing authority from granting a premises licence in respect of premises within an area of a description specified in the regulations;
  • (b) provision limiting the number of licensed premises within an area of a description specified in the regulations.
  • (3) The regulations may make provision requiring a licensing authority not to grant a premises licence unless the premises have been inspected in accordance with the regulations.

Licence fee

4
  • (1) The regulations may authorise a licensing authority to charge a fee in respect of an application for the grant of a licence (which may be set at a level that takes into account the cost of exercising functions under or in connection with sections 16 to 18 or the regulations).
  • (2) Any such fee must not exceed an amount specified in, or determined in accordance with, the regulations.
  • (3) The regulations may require a licensing authority to pay a proportion of any amount received by virtue of sub-paragraph (1) to any other person with functions under or in connection with sections 16 to 18 or the regulations.

Licence conditions

5
  • (1) The regulations may make provision for the grant of a licence subject to conditions.
  • (a) enable a licensing authority to attach conditions to a licence;
  • (b) require a licensing authority to attach to a licence a condition specified in the regulations.
  • (3) The provision that may be made under sub-paragraph (1) includes provision prohibiting or restricting the sale of relevant products within an area of a description specified in the regulations.

Duration etc of licence

6
  • (1) The regulations may make provision about the duration, renewal, variation, suspension or revocation of licences.
  • (2) The provision that may be made under sub-paragraph (1) includes provision conferring power on a court by which a person is convicted of an offence under section 17 to vary, suspend or revoke a licence.

Publication of licence information

7

The regulations may make provision for the publication by a licensing authority of information relating to licences granted by the licensing authority.

Reviews and appeals

8
  • (1) The regulations must specify the circumstances in which a person may request a review of a decision taken under the regulations.
  • (2) The regulations must confer a right of appeal to the magistrates’ court against a decision taken on a review.
  • (3) The regulations may contain provision about time limits for requesting reviews or initiating appeals.

Guidance

9

The regulations may require a licensing authority, in carrying out functions under the regulations, to have regard to guidance published by the Secretary of State.

Sub-delegation

10

The regulations may confer discretions.

Interpretation

11

In this Schedule—

  • “grant” includes vary or renew;
  • “licence” means a personal licence or a premises licence;
  • “licensing authority” has the meaning given by paragraph 2;
  • “local authority” means— a county council in England; a district council in England; a London borough council; the Common Council of the City of London (in its capacity as a local authority), the Sub-Treasurer of the Inner Temple or the Under Treasurer of the Middle Temple; the Council of the Isles of Scilly;
  • “relevant products” has the meaning given by section 16(8).

Schedule 2 — Financial penalties for breach of retail licence conditions: England

Introduction

1
  • (1) This Schedule makes further provision in connection with the imposition of financial penalties under section 18.
  • (2) In this Schedule “relevant district council” has the meaning given by section 18(6).

Notices of intent

2
  • (1) A local weights and measures authority or relevant district council must, before imposing a financial penalty on a person, give the person written notice (a “notice of intent”) of the proposed financial penalty.
  • (2) A notice of intent must specify—
  • (a) the amount of the proposed financial penalty,
  • (b) the reasons for proposing to impose the penalty,
  • (c) information about the right to make representations under paragraph 3, and
  • (d) the date by which any representations must be made.
  • (3) The date specified under sub-paragraph (2)(d) must be a date more than 28 days after the day on which the notice of intent is given to the person.
  • (4) The local weights and measures authority or relevant district council may at any time withdraw the notice of intent, or amend it to reduce the amount of the proposed financial penalty, by giving written notice to the person.

Right to make representations

3
  • (1) A person who is given a notice of intent under paragraph 2 may make written representations to the local weights and measures authority or relevant district council that issued the notice about the proposal to impose a financial penalty.
  • (2) Any representations must be made within the period (“the period for representations”) ending with the date specified under paragraph 2(2)(d).

Final notices

4
  • (1) After the end of the period for representations the local weights and measures authority or relevant district council must decide whether to impose a financial penalty on the person.
  • (2) If the local weights and measures authority or relevant district council decides to impose a financial penalty on the person, the authority or council must give the person written notice (a “final notice”) imposing the penalty.
  • (3) A final notice must specify—
  • (a) the amount of the financial penalty,
  • (b) the reasons for imposing the penalty,
  • (c) the date by which the penalty must be paid,
  • (d) information about the right of appeal under paragraph 5, and
  • (e) the consequences of failure to comply with the final notice.
  • (4) The date specified under sub-paragraph (3)(c) must be a date more than 28 days after the day on which the final notice is given to the person.
  • (5) The local weights and measures authority or relevant district council may at any time withdraw a final notice, or amend it to reduce the amount of the financial penalty, by giving written notice to the person.
  • (6) A final notice may not be given more than 28 days after the last day of the period for representations.

Appeals

5
  • (1) A person on whom a financial penalty is imposed under section 18 may appeal to the magistrates’ court against—
  • (a) the decision to impose the penalty, or
  • (b) the amount of the penalty.
  • (2) An appeal under this paragraph must be brought before the end of the period of 28 days beginning with the day after the day on which the final notice is given to the person in accordance with paragraph 4.
  • (3) On an appeal under this paragraph the magistrates’ court may confirm, reduce or cancel the penalty.
  • (4) If a person appeals under this paragraph, the final notice is suspended until the appeal is finally determined, withdrawn or abandoned.

Recovery

6
  • (1) This paragraph applies if a person fails to pay the whole or part of a financial penalty before the end of the period within which the person is required to pay the penalty.
  • (2) The local weights and measures authority or relevant district council that imposed the financial penalty may recover the unpaid amount of the penalty as if it were payable under an order of the county court.

Use of proceeds

7
  • (1) Any sums received in pursuance of final notices given under paragraph 4 must be paid into the Consolidated Fund.
  • (2) But before paying such sums into the Consolidated Fund the local weights and measures authority or relevant district council may deduct—
  • (a) the costs of investigating the matters to which the final notices relate, and
  • (b) the costs of issuing the notices.

Schedule 3 — Retail licensing scheme: Wales

Introduction

1

This Schedule is about the provision that may be made by regulations under section 19(4).

Grant of licence

2
  • (1) The regulations may—
  • (a) prohibit a licensing authority from granting a licence unless satisfied as to a matter specified in the regulations;
  • (b) require a licensing authority to have regard, in deciding whether to grant a licence, to a matter specified in the regulations.
  • (a) provision prohibiting a licensing authority from granting a premises licence in respect of premises within an area of a description specified in the regulations;
  • (b) provision limiting the number of licensed premises within an area of a description specified in the regulations.
  • (3) The regulations may make provision requiring a licensing authority not to grant a premises licence unless the premises have been inspected in accordance with the regulations.

Licence fee

3
  • (1) The regulations may authorise a licensing authority to charge a fee in respect of an application for the grant of a licence (which may be set at a level that takes into account the cost of exercising functions under or in connection with sections 19 to 21 or the regulations).
  • (2) Any such fee must not exceed an amount specified in, or determined in accordance with, the regulations.
  • (3) The regulations may require a licensing authority to pay a proportion of any amount received by virtue of sub-paragraph (1) to any other person with functions under sections 19 to 21 or the regulations.

Licence conditions

4
  • (1) The regulations may make provision for the grant of a licence subject to conditions.
  • (a) enable a licensing authority to attach conditions to a licence;
  • (b) require a licensing authority to attach to a licence a condition specified in the regulations.
  • (3) The provision that may be made under sub-paragraph (1) includes provision prohibiting or restricting the sale of relevant products within an area of a description specified in the regulations.

Duration etc of licence

5
  • (1) The regulations may make provision about the duration, renewal, variation, suspension or revocation of licences.
  • (2) The provision that may be made under sub-paragraph (1) includes provision conferring power on a court by which a person is convicted of an offence under section 20 to vary, suspend or revoke a licence.

Publication of licence information

6

The regulations may make provision for the publication by a licensing authority of information relating to licences granted by the licensing authority.

Reviews and appeals

7
  • (1) The regulations must specify the circumstances in which a person may request a review of a decision taken under the regulations.
  • (2) The regulations must confer a right of appeal to the magistrates’ court against a decision taken on a review.
  • (3) The regulations may contain provision about time limits for requesting reviews or initiating appeals.

Guidance

8

The regulations may require a licensing authority, in carrying out functions under the regulations, to have regard to guidance published by the Welsh Ministers.

Sub-delegation

9

The regulations may confer discretions.

Interpretation

10

In this Schedule—

  • “grant” includes vary or renew;
  • “licence” means a personal licence or a premises licence;
  • “licensing authority”, in relation to the doing of things or the use of premises in a county or county borough in Wales, means the council of the county or county borough;
  • “relevant products” has the meaning given by section 19(8).

Schedule 4 — Financial penalties for breach of retail licence conditions: Wales

Introduction

1

This Schedule makes further provision in connection with the imposition of financial penalties under section 21.

Notices of intent

2
  • (1) A local weights and measures authority must, before imposing a financial penalty on a person, give the person written notice (a “notice of intent”) of the proposed financial penalty.
  • (2) A notice of intent must specify—
  • (a) the amount of the proposed financial penalty,
  • (b) the reasons for proposing to impose the penalty,
  • (c) information about the right to make representations under paragraph 3, and
  • (d) the date by which any representations must be made.
  • (3) The date specified under sub-paragraph (2)(d) must be a date more than 28 days after the day on which the notice of intent is given to the person.
  • (4) The local weights and measures authority may at any time withdraw the notice of intent, or amend it to reduce the amount of the proposed financial penalty, by giving written notice to the person.

Right to make representations

3
  • (1) A person who is given a notice of intent under paragraph 2 may make written representations to the local weights and measures authority that issued the notice about the proposal to impose a financial penalty.
  • (2) Any representations must be made within the period (“the period for representations”) ending with the date specified under paragraph 2(2)(d).

Final notices

4
  • (1) After the end of the period for representations the local weights and measures authority must decide whether to impose a financial penalty on the person.
  • (2) If the local weights and measures authority decides to impose a financial penalty on the person, the authority must give the person written notice (a “final notice”) imposing the penalty.
  • (3) A final notice must specify—
  • (a) the amount of the financial penalty,
  • (b) the reasons for imposing the penalty,
  • (c) the date by which the penalty must be paid,
  • (d) information about the right of appeal under paragraph 5, and
  • (e) the consequences of failure to comply with the final notice.
  • (4) The date specified under sub-paragraph (3)(c) must be a date more than 28 days after the day on which the final notice is given to the person.
  • (5) The local weights and measures authority may at any time withdraw a final notice, or amend it to reduce the amount of the financial penalty, by giving written notice to the person.
  • (6) A final notice may not be given more than 28 days after the last day of the period for representations.

Appeals

5

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

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