Tobacco and Vapes Act 2026

• (1) A person on whom a financial penalty is imposed under section 21 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• (4) If a person appeals under this paragraph, the final notice is suspended until the appeal is finally determined, withdrawn or abandoned.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 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 Welsh Consolidated Fund.

• (2) But before paying such sums into the Welsh Consolidated Fund the local weights and measures authority may deduct—

• (a) the costs of investigating the matters to which the final notices relate, and

• (b) the costs of issuing the notices.

Schedule 5 — Handing over tobacco etc to underage people in Wales

1

The Public Health (Wales) Act 2017 (anaw 2) is amended as follows.

2

In the heading of Part 3—

• (a) in the Welsh language text, after “tybaco” insert “, cynhyrchion fepio”;

• (b) in the English language text, after “tobacco” insert “, vaping products”.

3

In the heading of Chapter 4 of Part 3—

• (a) in the Welsh language text omit “i bersonau o dan 18 oed”;

• (b) in the English language text omit “to persons under 18”.

4

In the Welsh language text, before section 52 insert—

(51A) (1) Mae person (“A”) yn cyflawni trosedd— (a) os yw A, mewn cysylltiad â threfniadau o dan adran 53, yn rhoi yng Nghymru gynhyrchion tybaco, cynhyrchion smygu llysieuol neu bapurau sigaréts i berson a anwyd ar neu ar ôl 1 Ionawr 2009 (“B”), (b) os nad yw’r rhoi yn digwydd naill ai— (i) yng nghwrs crefft, proffesiwn, busnes neu gyflogaeth B, neu (ii) yng ngŵydd person arall a anwyd cyn 1 Ionawr 2009, (c) os yw A, ar adeg y rhoi, yn gwybod bod cynhyrchion tybaco, cynhyrchion smygu llysieuol neu bapurau sigaréts (pa un bynnag sy’n gymwys) yn cael eu rhoi, a (d) pan roddir y cynhyrchion tybaco, y cynhyrchion smygu llysieuol neu’r papurau sigaréts, os nad ydynt mewn pecyn— (i) sydd wedi ei selio, a (ii) sydd â chyfeiriad arno, at ddiben ei ddanfon i’r cyfeiriad hwnnw yn unol â threfniadau o fewn adran 53. (2) Ystyr “pecyn” yn isadran (1)(d) yw pecyn yn ychwanegol at y pecyn gwreiddiol y mae’r cynhyrchion tybaco, y cynhyrchion smygu llysieuol neu’r papurau sigaréts wedi eu cyflenwi ynddo at ddiben eu gwerthu drwy fanwerthu gan eu gwneuthurwr neu eu mewnforiwr. (3) 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. (4) Pan fo person (“y cyhuddedig”) wedi ei gyhuddo o drosedd o dan yr adran hon oherwydd ymddygiad y cyhuddedig ei hun (ac eithrio yn rhinwedd adran 44 o Ddeddf Llysoedd Ynadon 1980 (p.43) (helpwyr ac anogwyr)) mae’n amddiffyniad i’r cyhuddedig ddangos— (a) bod y cyhuddedig yn credu, pan ddigwyddodd y rhoi, fod y person y rhoddwyd y cynhyrchion tybaco, y cynhyrchion smygu llysieuol neu’r papurau sigaréts iddo, neu berson arall a oedd yn bresennol ar adeg y rhoi, wedi cael ei eni cyn 1 Ionawr 2009, a (b) naill ai— (i) bod y cyhuddedig wedi cymryd camau rhesymol i gadarnhau oedran y person hwnnw, neu (ii) na allai neb fod wedi amau’n rhesymol o olwg y person hwnnw fod y person wedi cael ei eni ar neu ar ôl 1 Ionawr 2009. (5) At ddibenion is-adran (4)(b), mae’r cyhuddedig i gael ei drin fel pe bai wedi cymryd camau rhesymol i gadarnhau oedran person— (a) os gofynnodd y cyhuddedig i’r person hwnnw am dystiolaeth o oedran y person hwnnw, a (b) pe bai’r dystiolaeth wedi argyhoeddi person rhesymol. (6) Pan fo person wedi ei gyhuddo o drosedd o dan yr adran hon oherwydd gweithred neu ddiffyg person arall, neu yn rhinwedd cymhwyso adran 44 o Ddeddf Llysoedd Ynadon 1980 (p.43) (helpwyr ac anogwyr), mae’n amddiffyniad dangos i’r person gymryd rhagofalon rhesymol ac arfer diwydrwydd dyladwy i osgoi cyflawni’r drosedd.

5

In the English language text, before section 52 insert—

(51A) (1) A person (“A”) commits an offence if— (a) in connection with arrangements under section 53, A hands over in Wales tobacco products, herbal smoking products or cigarette papers to a person born on or after 1 January 2009 (“B”), (b) the handing over does not take place either— (i) in the course of B’s trade, profession, business or employment, or (ii) in the presence of another person who was born before 1 January 2009, (c) at the time of the handing over, A knows that tobacco products, herbal smoking products or cigarette papers (whichever is the case) are being handed over, and (d) when handed over, the tobacco products, herbal smoking products or cigarette papers are not contained in a package that— (i) is sealed, and (ii) has an address on it, for the purpose of its delivery to that address in accordance with arrangements within section 53. (2) “Package” in subsection (1)(d) means a package in addition to the original package in which the tobacco products, herbal smoking products or cigarette papers were supplied for the purpose of retail sale by their manufacturer or importer. (3) 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. (4) Where a person (“the accused”) is charged with an offence under this section by reason of the accused’s own conduct (and otherwise than by virtue of section 44 of the Magistrates’ Courts Act 1980 (c.43) (aiders and abettors)) it is a defence for the accused to show— (a) that the accused believed, when the handing over took place, that the person to whom the tobacco products, herbal smoking products or cigarette papers were handed over, or another person present at the time of the handing over, was born before 1 January 2009, and (b) either— (i) that the accused had taken reasonable steps to establish the age of that person, or (ii) that nobody could reasonably have suspected from that person’s appearance that the person was born on or after 1 January 2009. (5) For the purposes of subsection (4)(b), the accused is to be treated as having taken reasonable steps to establish the age of a person if— (a) the accused asked that person for evidence of that person’s age, and (b) the evidence would have convinced a reasonable person. (6) Where a person is charged with an offence under this section by reason of the act or default of another person, or by virtue of the application of section 44 of the Magistrates’ Courts Act 1980 (c.43) (aiders and abettors), it is a defence to show that the person took reasonable precautions and exercised due diligence to avoid committing the offence.

6

• (1) The Welsh language text of section 52 is amended as follows.

• (2) In the heading, for “tybaco etc.” substitute “cynhyrchion fepio a chynhyrchion nicotin”.

• (3) In subsection (1)—

• (a) in paragraph (a), for “dybaco, papurau sigaréts neu gynhyrchion nicotin” substitute “gynhyrchion fepio neu”;

• (b) in paragraph (c), for “tybaco neu bapurau sigaréts neu gynhyrchion nicotin” substitute “cynhyrchion fepio neu”;

• (c) in paragraph (d), for “tybaco, y papurau sigaréts neu’r cynhyrchion nicotin” substitute “cynhyrchion fepio neu’r”.

• (4) In subsection (2), for “tybaco, y papurau sigaréts neu’r cynhyrchion nicotin” substitute “cynhyrchion fepio neu”.

• (5) In subsection (4)(a), for “tybaco, y papurau sigaréts neu’r cynhyrchion nicotin” substitute “cynhyrchion fepio neu”.

• (6) Omit subsection (7).

7

• (1) The English language text of section 52 is amended as follows.

• (2) In the heading, for “tobacco etc.” substitute “vaping and nicotine products”.

• (3) In subsection (1)—

• (a) in paragraph (a), for “tobacco, cigarette papers or” substitute “vaping products or”;

• (b) in paragraph (c), for “tobacco or cigarette papers or” substitute “vaping products or”;

• (c) in paragraph (d), for “tobacco, cigarette papers or” substitute “vaping products or”.

• (4) In subsection (2), for “tobacco, cigarette papers or” substitute “vaping products or”.

• (5) In subsection (4)(a), for “tobacco, cigarette papers or” substitute “vaping products or”.

• (6) Omit subsection (7).

8

• (1) The Welsh language text of section 53 is amended as follows.

• (2) In subsection (1)—

• (a) in the words before paragraph (a), for “tybaco, papurau sigaréts neu gynhyrchion nicotin” substitute “cynnyrch perthnasol”;

• (b) in paragraph (a), for “tybaco, y papurau sigaréts neu’r cynhyrchion nicotin gael eu danfon” substitute “cynnyrch perthnasol gael ei ddanfon”;

• (c) in paragraph (b), for “tybaco, y papurau sigaréts neu’r cynhyrchion nicotin o dan sylw” substitute “cynnyrch perthnasol”.

• (3) In subsection (2)—

• (a) in the words before paragraph (a), for “tybaco, papurau sigaréts neu gynhyrchion nicotin” substitute “cynnyrch perthnasol”;

• (b) in paragraph (a), for “tybaco, y papurau sigaréts neu’r cynhyrchion nicotin gael eu casglu” substitute “cynnyrch perthnasol gael ei gasglu”;

• (c) in paragraph (b), for “tybaco, y papurau sigaréts neu’r cynhyrchion nicotin o dan sylw” substitute “cynnyrch perthnasol”.

• (4) After subsection (3) insert—

(4) Yn yr adran hon ystyr “cynnyrch perthnasol” yw— (a) cynnyrch tybaco, (b) cynnyrch smygu llysieuol, (c) papurau sigaréts, (d) cynnyrch fepio, neu (e) cynnyrch nicotin.

9

• (1) The English language text of section 53 is amended as follows.

• (2) In subsection (1)—

• (a) in the words before paragraph (a), for “tobacco, cigarette papers or nicotine products” substitute “a relevant product”;

• (b) in paragraph (a), for “tobacco, cigarette papers or nicotine products” substitute “relevant product”;

• (c) in paragraph (b), for “tobacco, cigarette papers or nicotine products concerned” substitute “relevant product”.

• (3) In subsection (2)—

• (a) in the words before paragraph (a), for “tobacco, cigarette papers or nicotine products” substitute “a relevant product”;

• (b) in paragraph (a), for “tobacco, cigarette papers or nicotine products” substitute “relevant product”;

• (c) in paragraph (b), for “tobacco, cigarette papers or nicotine products concerned” substitute “relevant product”.

• (4) After subsection (3) insert—

(4) In this section “relevant product” means— (a) a tobacco product, (b) a herbal smoking product, (c) cigarette papers, (d) a vaping product, or (e) a nicotine product.

10

In the Welsh language text, after section 54 insert—

(54A) Caiff Gweinidogion Cymru drwy reoliadau ddiwygio’r Bennod hon at ddiben ymestyn unrhyw ddarpariaeth sy’n gymwys mewn perthynas â chynhyrchion tybaco i— (a) dyfais o ddisgrifiad penodedig sy’n galluogi cynnyrch tybaco i gael ei ddefnyddio (er enghraifft, dyfais cynhesu tybaco neu bibell); (b) eitem y bwriedir iddi ffurfio rhan o ddyfais o’r fath.

11

In the English language text, after section 54 insert—

(54A) (1) The Welsh Ministers may by regulations amend this Chapter for the purpose of extending any provision that applies in relation to a tobacco product to— (a) a device of a specified description which enables a tobacco product to be consumed (for example, a heated tobacco device or pipe); (b) an item which is intended to form part of such a device. (2) Before making regulations under this section the Welsh Ministers must consult any persons the Welsh Ministers consider it appropriate to consult.

12

For the Welsh language text of section 55 substitute—

(55) Yn y Bennod hon— - ystyr “cyflogaeth” (“employment”) yw unrhyw gyflogaeth, pa un ai â thâl neu’n ddi-dâl, ac mae’n cynnwys— gwaith o dan gontract am wasanaethau neu fel deiliad swydd, a profiad gwaith a ddarperir yn unol â chwrs neu raglen hyfforddi neu yng nghwrs hyfforddiant ar gyfer cyflogaeth; - mae i “cynnyrch fepio” yr ystyr a roddir i “vaping product” gan adran 50 o Ddeddf Tybaco a Fêps 2026; - mae i “cynnyrch nicotin” yr ystyr a roddir i “nicotine product” gan adran 50 o Ddeddf Tybaco a Fêps 2026; - mae i “cynnyrch smygu llysieuol” yr ystyr a roddir i “herbal smoking product” gan adran 50 o Ddeddf Tybaco a Fêps 2026; - mae i “cynnyrch tybaco” yr ystyr a roddir i “tobacco product” gan adran 50 o Ddeddf Tybaco a Fêps 2026; - mae “papurau sigaréts” (“cigarette papers”) yn cynnwys unrhyw beth y bwriedir iddo gael ei ddefnyddio ar gyfer cau am gynhyrchion tybaco neu gynhyrchion smygu llysieuol at y diben o alluogi iddynt gael eu smygu.

13

For the English language text of section 55 substitute—

(55) In this Chapter— - “cigarette papers” (“papurau sigaréts”) includes anything intended to be used for encasing tobacco products or herbal smoking products for the purpose of enabling them to be smoked; - “employment” (“cyflogaeth”) means any employment, whether paid or unpaid, and includes— work under a contract for services or as an office holder, and work experience provided pursuant to a training course or programme or in the course of training for employment; - “herbal smoking product” (“cynnyrch smygu llysieuol”) has the meaning given by section 50 of the Tobacco and Vapes Act 2026; - “nicotine product” (“cynnyrch nicotin”) has the meaning given by section 50 of the Tobacco and Vapes Act 2026; - “tobacco product” (“cynnyrch tybaco”) has the meaning given by section 50 of the Tobacco and Vapes Act 2026; - “vaping product” (“cynnyrch fepio”) has the meaning given by section 50 of the Tobacco and Vapes Act 2026.

14

In the Welsh language text of section 123, in subsection (2), for “neu 50(2)” substitute “, 50(2) neu 54A”.

15

In the English language text of section 123, in subsection (2)(a), for “or 50(2)” substitute “, 50(2) or 54A”.

Schedule 6 — Part 1: consequential amendments commencing after 6 months

Children and Young Persons Act 1933

1

The Children and Young Persons Act 1933 is amended as follows.

2

Omit sections 12A to 12D and the italic heading before those sections.

3

Omit section 102.

Children and Young Persons (Protection from Tobacco) Act 1991

4

The Children and Young Persons (Protection from Tobacco) Act 1991 is amended as follows.

5

Omit sections 3 and 3A.

6

• (1) Section 4 is amended as follows.

• (2) Omit subsection (2).

• (3) In subsections (3) and (4) omit “or (2).”

• (4) In the heading omit “and on vending machines”.

7

Omit section 5.

Tobacco Advertising and Promotion Act 2002

8

The Tobacco Advertising and Promotion Act 2002 is amended as follows.

9

Omit section 9.

10

In section 17, in subsection (1) omit “9(5),”.

Health Act 2006

11

The Health Act 2006 is amended as follows.

12

Omit Chapter 2 of Part 1.

13

• (1) Section 79 is amended as follows.

• (2) In subsection (4) omit paragraph (b).

• (3) In subsection (4A) omit paragraph (b) (but not the “or” at the end).

Criminal Justice and Immigration Act 2008

14

In the Criminal Justice and Immigration Act 2008 omit section 143 and the italic heading before that section.

Regulatory Enforcement and Sanctions Act 2008

15

• (1) Schedule 3 to the Regulatory Enforcement and Sanctions Act 2008 is amended as follows.

• (2) At the appropriate place insert—

• Tobacco and Vapes Act 2026, Parts 1, 5 and 6

• (3) Omit the reference to section 92 of the Children and Families Act 2014.

Health Act 2009

16

The Health Act 2009 is amended as follows.

17

Omit section 22.

18

In Schedule 4 omit paragraph 1 and the italic heading before that paragraph.

Children and Families Act 2014

19

The Children and Families Act 2014 is amended as follows.

20

• (1) Section 91 is amended as follows.

• (2) In the heading omit “, nicotine products”.

• (3) In subsection (1), for “, cigarette papers or a relevant nicotine product” substitute “or cigarette papers”.

• (4) Omit subsection (5).

• (5) Omit subsection (8).

21

Omit sections 92 and 93.

22

In section 135, in subsection (6) omit paragraph (d).

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

23

In the Tobacco and Related Products Regulations 2016 omit regulation 17.

Public Health (Wales) Act 2017 (anaw 2)

24

The Public Health (Wales) Act 2017 is amended as follows.

25

• (1) Section 32 is amended as follows.

• (2) In subsection (2)—

• (a) in the Welsh language text, for “adran 12A o Ddeddf Plant a Phobl Ifanc 1933 (p.12)” substitute “adran 23 o Ddeddf Tybaco a Fêps 2026”;

• (b) in the English language text, for “section 12A of the Children and Young Persons Act 1933 (c. 12)” substitute “section 23 of the Tobacco and Vapes Act 2026”.

• (3) In subsection (3)—

• (a) in the Welsh language text, for “adran 12B o Ddeddf Plant a Phobl Ifanc 1933 (p.12)” substitute “adran 28 o Ddeddf Tybaco a Fêps 2026”;

• (b) the English language text, for “section 12B of the Children and Young Persons Act 1933 (c. 12)” substitute “section 28 of the Tobacco and Vapes Act 2026”.

26

Omit Chapter 3 of Part 3.

27

Omit section 54.

28

In Schedule 2 omit paragraph 17.

Digital Markets, Competition and Consumers Act 2024

29

In Schedule 15 to the Digital Markets, Competition and Consumers Act 2024, in Part 1, in the first part of the Table (Acts of Parliament), at the appropriate place (according to alphabetical order of Acts mentioned) insert—

Tobacco and Vapes Act 2026	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 designated enforcers.

Schedule 7 — Part 1: consequential amendments commencing on 1 January 2027

Children and Young Persons Act 1933

1

In the Children and Young Persons Act 1933 omit section 7.

Protection of Children (Tobacco) Act 1986

2

The Protection of Children (Tobacco) Act 1986 is repealed.

Children and Young Persons (Protection from Tobacco) Act 1991

3

The Children and Young Persons (Protection from Tobacco) Act 1991 is repealed.

Local Government etc (Scotland) Act 1994

4

In Schedule 13 to the Local Government etc (Scotland) Act 1994 omit paragraph 169 and the italic heading before that paragraph.

Police Reform Act 2002

5

In Schedule 5 to the Police Reform Act 2002 omit paragraph 6 and the italic heading before that paragraph.

Courts Act 2003

6

In Schedule 8 to the Courts Act 2003 omit paragraph 72.

Regulatory Enforcement and Sanctions Act 2008

7

The Regulatory Enforcement and Sanctions Act 2008 is amended as follows.

8

In Schedule 3 omit the reference to the Children and Young Persons (Protection from Tobacco) Act 1991.

9

• (1) Schedule 6 is amended as follows.

• (2) Omit the reference to section 7(1) of the Children and Young Persons Act 1933.

• (3) Omit the reference to the Children and Young Persons (Protection from Tobacco) Act 1991.

Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3)

10

In Schedule 2 to the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) omit paragraph 2 and the italic heading before that paragraph.

Police Reform and Social Responsibility Act 2011

11

In Schedule 16 to the Police Reform and Social Responsibility Act 2011 omit paragraph 67.

Children and Families Act 2014

12

In the Children and Families Act 2014 omit section 91.

Digital Markets, Competition and Consumers Act 2024

13

In Schedule 15 to the Digital Markets, Competition and Consumers Act 2024, in Part 1, in the Table omit the entries relating to—

• (a) section 7(1) and (2) of the Children and Young Persons Act 1933;

• (b) section 4 of the Children and Young Persons (Protection from Tobacco) Act 1991.

Schedule 8 — Alignment of definition of “vaping product” in Scottish legislation

Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3)

1

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

2

For the heading of Part 1 substitute “Tobacco, vaping and nicotine products”.

3

In the heading of Chapter 2 of Part 1, for “nicotine vapour” substitute “vaping”.

4

In section 10 (register of tobacco and nicotine vapour product retailers)—

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

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

5

In section 11 (application for registration and addition of premises etc.), in subsections (2)(b) and (c), (2A)(b) and (c), (3)(b), (4)(b) and (5), for “nicotine vapour”, in each place it occurs, substitute “vaping”.

6

In section 12 (certificates of registration), in subsection (2)(b) and (c), for “nicotine vapour” substitute “vaping”.

7

In section 13 (duty to notify registrar of changes), in subsection (1)(c), for “nicotine vapour” substitute “vaping”.

8

In section 14 (changes to and removal from register), in subsections (2), (3)(b) and (5)(b), for “nicotine vapour” substitute “vaping”.

9

In the italic heading before section 15, for “nicotine vapour” substitute “vaping”.

10

In section 15 (tobacco and nicotine vapour product banning orders)—

• (a) in subsections (1), (2), (3), (4)(c) and (6), for “nicotine vapour” substitute “vaping”;

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

11

In section 16 (tobacco and nicotine vapour product banning orders: ancillary orders)—

• (a) in subsections (1)(a) and (b), (2)(a)(i) and (ii) and (b)(i), (ii) and (iii), (3)(b), (4) and (5), for “nicotine vapour” substitute “vaping”;

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

12

In section 17 (tobacco and nicotine vapour product banning orders etc.: appeals)—

• (a) in subsections (1) and (3), for “nicotine vapour” substitute “vaping”;

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

13

In section 18 (tobacco and nicotine vapour product banning orders etc.: notification to Scottish Ministers)—

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

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

14

In section 19 (tobacco and nicotine vapour product banning orders: display of notices)—

• (a) in subsections (1)(a), (3)(a) and (c) and (4), for “nicotine vapour” substitute “vaping”;

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

15

In section 20 (offences relating to the register), in subsections (1), (2), (2A) and (4), for “nicotine vapour”, in each place it occurs, substitute “vaping”.

16

In the italic heading above section 21, for “nicotine vapour” substitute “vaping”.

17

In section 21 (public inspection of the register), in subsection (1)(b) and (c), for “nicotine vapour” substitute “vaping”.

18

In section 35 (interpretation), in subsection (1)—

• (a) omit the definition of “nicotine vapour product business”;

• (b) in the definition of “tobacco or nicotine vapour product business”, for “nicotine vapour” substitute “vaping” in both places;

• (c) at the appropriate places insert—

• “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),

• “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 product business” means a business involving the sale of vaping products by retail,

• “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).

19

Omit section 35A (meaning of “nicotine vapour product”).

Transitional provision

20

In any legislation passed at a time before this Schedule comes into force, and in any instrument or other document made before that time under or for the purposes of the Tobacco and Primary Medical Services (Scotland) Act 2010, any reference to a nicotine vapour product (within the meaning of section 35A of that Act before its repeal by this Schedule) is to be read, in relation to times after this Schedule comes into force, as a reference to a vaping product (within the meaning of section 35 of that Act).

Schedule 9 — Extension of retailer register etc: Scotland

1

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

2

In the heading of Part 1, after “Tobacco,” insert “herbal smoking,”.

3

In the heading of Chapter 2 of Part 1, for “and vaping” substitute “, herbal smoking, vaping and nicotine”.

4

In section 10 (register of tobacco and nicotine vapour product retailers)—

• (a) for subsection (1) substitute—

(1) The Scottish Ministers must keep a register (referred to in this Part as “the Register”) of persons carrying on one or more of the following (each of which is a “registrable business”)— (a) a tobacco business, (b) a herbal smoking product business, (c) a vaping product business, (d) a nicotine product business.

• (b) after subsection (2) insert—

(3) References in this Chapter to a kind of registrable business are to a kind mentioned in subsection (1)(a), (b), (c) or (d).

• (c) in the heading, for “and vaping” substitute “, herbal smoking, vaping and nicotine”.

5

• (1) Section 11 (application for registration and addition of premises etc.) is amended as follows.

• (2) In subsection (2)(b) and (c), for “tobacco or vaping product” substitute “registrable”.

• (3) For subsection (2A) substitute—

(2A) An application under subsection (1) must state, in relation to each of the premises included in it, each kind of registrable business that the applicant proposes to carry on at the premises.

• (4) In subsection (3)(b)—

• (a) for “tobacco and vaping product banning order” substitute “banning order”;

• (b) for “tobacco or vaping product business” substitute “registrable business”.

• (5) For subsection (4)(b) substitute—

(b) the addresses of the premises at which the applicant proposes to carry on a registrable business, noting, in relation to each of the premises, each kind of registrable business that the applicant proposes to carry on at the premises, and

• (6) For subsection (5) substitute—

(5) On granting an application under subsection (1)(b), the Scottish Ministers must amend the applicant’s entry in the Register so as to include the address of the further premises at which the applicant proposes to carry on a registrable business, noting, in relation to each of the premises, each kind of registrable business that the applicant proposes to carry on at the premises.

6

In section 12 (certificates of registration), for subsection (2) substitute—

(2) A certificate issued under subsection (1) must state each kind of registrable business noted in the applicant’s entry in the Register in relation to the premises.

7

In section 13 (duty to notify certain changes), in subsection (1), for paragraph (c) substitute—

(c) the fact that the person is no longer carrying on a herbal smoking product business at an address noted in the person’s entry in the Register, (d) the fact that the person is no longer carrying on a vaping product business at an address noted in the person’s entry in the Register, (e) the fact that the person is no longer carrying on a nicotine product business at an address noted in the person’s entry in the Register.

8

In section 14 (changes to and removal from register)—

• (a) in subsection (2) omit “tobacco and vaping product”;

• (b) in subsection (3)(b), for “tobacco or vaping product” substitute “registrable”;

• (c) in subsection (5)(b), for “tobacco or vaping product” substitute “registrable”.

9

In the italic heading before section 15 omit “Tobacco and vaping product”.

10

In section 15 (tobacco and vaping product banning orders)—

• (a) in subsections (1), (2) and (3), for “tobacco or vaping product” substitute “registrable”;

• (b) in subsection (4)(c)—

• (i) after “, tobacco products” insert “, herbal smoking products”;

• (ii) for “or vaping products” substitute “, vaping products or nicotine products”;

• (c) in subsection (6) omit “tobacco and vaping product”;

• (d) in the heading omit “Tobacco and vaping product”.

11

In section 16 (tobacco and vaping product banning orders: ancillary orders)—

• (a) in subsections (1)(a) and (b) omit “tobacco and vaping product”;

• (b) in subsection (2)(a)(i) and (ii) and (b)(i), (ii) and (iii), for “tobacco or vaping product” substitute “registrable”;

• (c) in subsections (3)(b), (4) and (5) omit “tobacco and vaping product”;

• (d) in the heading omit “Tobacco and vaping product”.

12

In section 17 (tobacco and vaping product banning orders etc.: appeals)—

• (a) in subsections (1) and (3) omit “tobacco and vaping product”;

• (b) in the heading omit “Tobacco and vaping product”.

13

In section 18 (tobacco and vaping product banning orders etc.: notification to Scottish Ministers)—

• (a) in subsection (1) omit “tobacco and vaping product”;

• (b) in the heading omit “Tobacco and vaping product”.

14

In section 19 (tobacco and vaping product banning orders: display of notices)—

• (a) in subsections (1)(a) and (3)(a) and (c) omit “tobacco and vaping product”;

• (b) in subsection (4)—

• (i) after “tobacco products” insert “, herbal smoking products”;

• (ii) for “or vaping products” substitute “, vaping products or nicotine products”;

• (c) in the heading omit “Tobacco and vaping product”.

15

In section 20 (offences relating to the register)—

• (a) in subsection (1), for “tobacco or vaping product” substitute “registrable”;

• (b) for subsections (2) and (2A) substitute—

(2) A registered person who carries on a registrable business at premises other than those noted in the person’s entry in the Register as premises at which the person carries on that kind of registrable business commits an offence.

• (c) in subsection (4) omit “tobacco and vaping product”;

• (d) in subsection (6)(a), in the words before sub-paragraph (i) omit “, (2A)”.

16

In the italic heading above section 21, for “and vaping” substitute “, herbal smoking, vaping and nicotine”.

17

In section 21 (public inspection of register), for subsection (1) substitute—

(1) On the basis of information contained in the Register, the Scottish Ministers must make available for public inspection a list of premises, specifying for each of those premises each kind of registrable business carried on or proposed to be carried on there.

18

In section 22 (council access to Register), in subsection (2), for “may by” substitute “may be”.

19

In section 35 (interpretation), in subsection (1)—

• (a) omit the definitions of “tobacco or vaping product business” and “tobacco retailing banning order”;

• (b) at the appropriate places insert—

• “banning order” has the meaning given in section 15(6),

• “herbal smoking product business” means a business involving the sale of herbal smoking products by retail,

• “nicotine product business” means a business involving the sale of nicotine products by retail,

• “registrable business” has the meaning given in section 10(1) (and references to a kind of registrable business have the meaning given in section 10(3)),

Schedule 10 — Extension of retailer register: Northern Ireland

1

The Tobacco Retailers Act (Northern Ireland) 2014 (c. 4 (N.I.)) is amended as follows.

2

In the italic heading before section 1, after “tobacco” insert “, vaping product and nicotine product”.

3

In section 1 (register of tobacco retailers)—

• (a) for subsection (1) substitute—

(1) The registration authority must, in accordance with the provisions of this Act, maintain a register (“the Register”) of persons carrying on one or more of the following (each of which is a “registrable business”)— (a) a tobacco business; (b) a vaping product business; (c) a nicotine product business.

• (b) in subsection (2)(a), for “tobacco” substitute “registrable”;

• (c) after subsection (6) insert—

(7) References in this Act to a kind of registrable business are to a kind mentioned in subsection (1)(a), (b) or (c).

• (d) in the heading, after “tobacco” insert “, vaping product and nicotine product”.

4

In section 2 (application for registration)—

• (a) in subsection (1)—

• (i) omit the “or” at the end of paragraph (a);

• (ii) at the end of paragraph (b) insert

; or (c) to add further kinds of registrable business in relation to premises the address of which is noted in the person’s entry in the Register.

• (b) in subsection (2)—

• (i) in paragraphs (b) and (c), for “tobacco” substitute “registrable”;

• (ii) after paragraph (c) insert—

(ca) where it is an application under subsection (1)(a) or (b), state, in relation to each of the premises to which the application relates, each kind of registrable business that the applicant proposes to carry on at the premises; (cb) where it is an application under subsection (1)(c), state, in relation to each of the premises to which the application relates, each further kind of registrable business that the applicant proposes to carry on at the premises;

• (c) in subsection (5)—

• (i) in paragraph (b), for “tobacco” substitute “registrable”;

• (ii) after paragraph (b) insert—

(ba) in relation to each of those premises, each kind of registrable business that the applicant proposes to carry on at the premises;

• (d) in subsection (6)—

• (i) in paragraph (a), for “tobacco” substitute “registrable”;

• (ii) after paragraph (a) insert—

(aa) in relation to each of those premises, each kind of registrable business that the applicant proposes to carry on at the premises;

• (e) after subsection (6) insert—

(6A) On granting an application under subsection (1)(c) the registration authority must enter the following information in the Register— (a) in relation to each of the premises to which the application relates, each further kind of registrable business the applicant proposes to carry on at the premises; (b) any other information which the Department may direct the authority to include.

5

In section 3 (duty to notify certain changes), in subsection (1), after paragraph (b) insert

; (c) the fact that the person is no longer carrying on a vaping product business at an address noted in the person’s entry in the Register; (d) the fact that the person is no longer carrying on a nicotine product business at an address noted in the person’s entry in the Register.

6

In section 4 (changes to and removal from the Register), in subsections (3)(b) and (4)(b), for “tobacco” substitute “registrable”.

7

In section 10 (offences)—

• (a) in subsection (1), for “tobacco” substitute “registrable”;

• (b) for subsection (2) substitute—

(2) A registered person who carries on a registrable business at premises other than those noted in the person’s entry in the Register as premises at which the person proposes to carry on that kind of registrable business commits an offence.

8

In section 22 (interpretation), in subsection (1), at the appropriate places insert—

• “nicotine product business” means a business involving the sale of nicotine products by retail;

• ““registrable business” has the meaning given in section 1(1) (and references to a kind of registrable business have the meaning given in section 1(7));

• ““vaping product business” means a business involving the sale of vaping products by retail;

Schedule 11 — Retail licensing scheme in Northern Ireland

In the Tobacco Retailers Act (Northern Ireland) 2014 (c. 4 (N.I.)), after section 26 insert—

Schedule 1 (1) This Schedule is about the provision that may be made by regulations under section 4A(4). (2) The regulations must specify a council (a “licensing authority”) which is to grant licences. (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. (2) The provision that may be made under sub-paragraph (1)(a) includes— (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. (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 4A to 4C 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 make provision for the payment by a licensing authority of a proportion of any amount received by virtue of sub-paragraph (1) to any other person with functions under or in connection with sections 4A to 4C or the regulations. (5) (1) The regulations may make provision for the grant of a licence subject to conditions. (2) Provision of the kind mentioned in sub-paragraph (1) may— (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. (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 4B to vary, suspend or revoke a licence. (7) The regulations may make provision for the publication by a licensing authority of information relating to licences granted by the licensing authority. (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 a magistrates’ court against a decision taken on a review. (3) The regulations may contain provision about time limits for requesting reviews or initiating appeals. (9) The regulations may require a licensing authority, in carrying out functions under the regulations, to have regard to guidance published by the Department. (10) The regulations may confer discretions. (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; - “personal licence” has the meaning given by section 4A(7); - “premises licence” has the meaning given by section 4A(7); - “relevant products” has the meaning given by section 4A(7).

Schedule 12 — Financial penalties for breach of retail licence conditions in Northern Ireland

After Schedule 1 to the Tobacco Retailers Act (Northern Ireland) 2014 (c. 4 (N.I.)) (inserted by Schedule 11 to this Act) insert—

Schedule 2 (1) This Schedule makes further provision in connection with the imposition of financial penalties under section 4C. (2) (1) A 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 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. (3) (1) A person who is given a notice of intent under paragraph 2 may make written representations to the 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). (4) (1) After the end of the period for representations the council must decide whether to impose a financial penalty on the person. (2) If the council decides to impose a financial penalty on the person, the 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 consequence 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 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. (5) (1) A person on whom a financial penalty is imposed under section 4C 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. (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 council that imposed the financial penalty may recover the unpaid amount of the penalty as if it were payable under an order of a county court. (7) (1) A council may use any sums it receives in pursuance of final notices given under paragraph 4 (its “financial penalty receipts”) only for the purposes of its functions under this Act. (2) A council must supply the Department with such information relating to its use of its financial penalty receipts as the Department may require. (3) Regulations may make provision for what a council is to do with its financial penalty receipts— (a) pending their being used for the purposes mentioned in sub-paragraph (1); (b) if they are not used for those purposes within a period of time specified in the regulations and beginning with their receipt. (4) The provision that may be made under sub-paragraph (3)(b) includes (in particular) provision for the payment of sums to a person (including the Department) other than the council. (5) Regulations may make provision for accounting arrangements in respect of a council's financial penalty receipts. (6) Before making regulations under this paragraph, the Department must consult— (a) councils, and (b) such other persons as the Department considers appropriate.

Schedule 13 — Licensing of retail sales of tobacco products etc: consequential amendments

Tobacco Retailers Act (Northern Ireland) 2014 (c. 4 (N.I.))

1

The Tobacco Retailers Act (Northern Ireland) 2014 is amended as follows.

2

Omit sections 1 to 4 (and the italic heading before section 1).

3

In section 5, in subsection (14)—

• (a) after paragraph (d) insert—

(da) an offence committed under section 4B on or in respect of any premises (which are accordingly “the premises in relation to which the offence is committed”).

• (b) omit paragraph (f).

4

In section 6, in subsection (8) (as inserted by Schedule 14 to this Act)—

• (a) after paragraph (d) insert—

(da) an offence committed under section 4B on or in respect of any premises (which are accordingly “the premises in relation to which the offence is committed”).

• (b) omit paragraph (e).

5

Omit the italic heading before section 10.

6

• (1) Section 10 is amended as follows.

• (2) Omit subsections (1), (2) and (3).

• (3) In subsection (9), omit paragraphs (a) and (b).

• (4) In the heading, after “Offences” insert “in connection with restricted premises orders and restricted sales orders”.

7

In the italic heading before section 11, for “Enforcement” substitute “General enforcement”.

8

In section 11, in subsection (1)(a)(i), after “section” insert “4B or”.

9

In section 12, in subsection (1)(a)—

• (a) after “section” insert “4B or”;

• (b) omit “(1), (2), (3),”.

10

• (1) Section 16 is amended as follows.

• (2) In subsection (1)—

• (a) omit “, the registration authority” in each place it occurs;

• (b) before paragraph (a) insert—

(za) financial penalties imposed under section 4C by that council;

• (3) In subsection (2), omit “or the registration authority” in each place it occurs.

11

Omit section 21.

12

In section 22, in subsection (1) omit the following definitions—

• (a) “nicotine product business”;

• (b) “the Register”;

• (c) “registered”, “unregistered”, and “the registration authority”;

• (d) “registrable business”;

• (e) “tobacco business”;

• (f) “vaping product business”.

13

In section 23, omit subsections (3) and (4).

14

In section 24, in subsection (2), for “2(7)” substitute “4A”.

This Act

15

• (1) This Act is amended as follows.

• (2) Omit section 87 and Schedule 10.

• (3) In Schedule 14, omit paragraphs 14 and 16.

• (4) In Schedule 15, omit paragraph 9.

Schedule 14 — Part 3: consequential and other amendments commencing after 6 months

Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26))

1

The Health and Personal Social Services (Northern Ireland) Order 1978 is amended as follows.

2

In the heading of Part 2 of that Order omit “to persons apparently under 18”.

3

Before Article 3 insert a new italic heading “Tobacco products etc”.

4

In Article 3(1), after “tobacco” insert “product, herbal smoking product”.

5

Omit Article 4.

6

In Article 5(1) and (2), after “tobacco” insert “products, herbal smoking products”.

7

In Article 6—

• (a) for “this Part” substitute “Article 3 or 5”;

• (b) in paragraphs (a) and (b), after “tobacco” insert “products, herbal smoking products”;

• (c) in the words after paragraph (b), after “tobacco” insert “products or herbal smoking products”.

Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991 (S.I. 1991/2872 (N.I. 25))

8

The Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991 is amended as follows.

9

Omit Article 4.

10

Omit Article 4A.

11

• (1) Article 5 is amended as follows.

• (2) In paragraph (1)—

• (a) for “tobacco is” substitute “tobacco products are”;

• (b) after “the tobacco” insert “products”;

• (c) after “sale of tobacco” insert “products”.

• (3) Omit paragraph (2).

• (4) In paragraphs (3) and (4) omit “or (2)”.

• (5) In paragraph (6), for the definition of “tobacco” substitute—

• “tobacco product” has the meaning given by Article 7 of the Health and Personal Social Services (Northern Ireland) Order 1978.

• (6) In the heading omit “and on vending machines”.

12

Omit Article 6.

13

In Article 7 omit paragraphs (2) and (3).

Tobacco Retailers Act (Northern Ireland) 2014 (c. 4 (N.I.))

14

The Tobacco Retailers Act (Northern Ireland) 2014 is amended as follows.

15

In section 2, in subsection (3)(b), for “tobacco” substitute “a tobacco product or herbal smoking product”.

16

In section 4, in subsection (2)(b), for “tobacco” substitute “a tobacco product or herbal smoking product”.

17

In the italic heading before section 5, for “or nicotine” substitute “, vape or nicotine”.

18

• (1) Section 5 is amended as follows.

• (2) In subsection (1)(a) and (b), for “or nicotine” substitute “, vape or nicotine”.

• (3) In subsection (4), for “of any tobacco, cigarette papers or nicotine products to any person” substitute

to any person of any one or more of the following— (a) tobacco products; (b) herbal smoking products; (c) cigarette papers; (d) vaping products; (e) nicotine products.

• (4) In subsection (5) omit “of tobacco, cigarette papers or nicotine products”.

• (5) In subsection (8)(b)(i) and (ii), for “or nicotine” substitute “, vape or nicotine”.

• (6) In subsection (13)(a), for “or nicotine” substitute “, vape or nicotine”.

• (7) In subsection (14)—

• (a) for “and section 6 “tobacco or nicotine offence”” substitute ““tobacco, vape or nicotine offence””;

• (b) in paragraph (a), after “Article 3” insert “or 4H”;

• (c) after paragraph (a) insert—

(aa) an offence committed under Article 4B or 4J of the Health and Personal Social Services (Northern Ireland) Order 1978 in respect of a machine kept on any premises (which are accordingly “the premises in relation to which the offence is committed”);

• (d) omit paragraph (b);

• (e) in paragraph (c), for “tobacco” substitute “a tobacco product or herbal smoking product”;

• (f) at the end of paragraph (d) insert “or”;

• (g) omit paragraphs (e), (g) and (h).

19

• (1) Section 6 is amended as follows.

• (2) In subsection (1)(a) and (b), for “or nicotine” substitute “, vape or nicotine”.

• (3) In subsection (4)—

• (a) in paragraphs (a) and (b), for “tobacco, cigarette papers or nicotine products” substitute “tobacco products, herbal smoking products, cigarette papers, vaping products or nicotine products”;

• (b) in paragraphs (c) and (d), for “tobacco or nicotine products” substitute “tobacco products, herbal smoking products, cigarette papers, vaping products or nicotine products”.

• (4) In subsection (6)(a) and (b), for “or nicotine” substitute “, vape or nicotine”.

• (5) In subsection (7), for “or nicotine” substitute “, vape or nicotine”.

• (6) For subsection (8) substitute—

(8) In this section “tobacco, vape or nicotine offence” means— (a) an offence committed under Article 3 or 4H of the Health and Personal Social Services (Northern Ireland) Order 1978 on any premises (which are accordingly “the premises in relation to which the offence is committed”); (b) an offence committed under Article 4B or 4J of the Health and Personal Social Services (Northern Ireland) Order 1978 in respect of a machine kept on any premises (which are accordingly “the premises in relation to which the offence is committed”); (c) an offence relating to a tobacco product or herbal smoking product committed under section 170 or 170B of the Customs and Excise Management Act 1979 on any premises in Northern Ireland (which are accordingly “the premises in relation to which the offence is committed”); (d) an offence committed under section 8F, 8G or 8H of the Tobacco Products Duty Act 1979 on any premises in Northern Ireland (which are accordingly “the premises in relation to which the offence is committed”); or (e) an offence committed under section 10 in respect of any premises (which are accordingly “the premises in relation to which the offence is committed”).

20

In section 8, in subsection (4), for “tobacco, cigarette papers or nicotine products” substitute “tobacco products, herbal smoking products, cigarette papers, vaping products or nicotine products”.

21

• (1) Section 9 (restricted premises orders: no tobacco in retail area) is amended as follows.

• (2) In the heading, for “or nicotine products” substitute “, vaping products or nicotine products”.

• (3) In subsection (2), for “tobacco, cigarette papers or nicotine products” substitute “tobacco products, herbal smoking products, cigarette papers, vaping products or nicotine products”.

• (4) In subsection (3), for “tobacco, cigarette papers and nicotine products” substitute “tobacco products, herbal smoking products, cigarette papers, vaping products and nicotine products”.

22

In section 10, in subsection (4)(a), for “tobacco, cigarette papers or nicotine products” substitute “tobacco products, herbal smoking products, cigarette papers, vaping products or nicotine products”.

23

In section 11, in subsection (1)(a)—

• (a) in sub-paragraph (ii), for “Article 3, 4 or 4A” substitute “any provision made by or under Part 2”;

• (b) in sub-paragraph (iii) omit “4, 4A or”;

• (c) omit sub-paragraphs (iv) and (v).

24

In section 12, in subsection (1)—

• (a) in paragraph (b), for “Article 3, 4 or 4A” substitute “any provision made by or under Part 2”;

• (b) in paragraph (c) omit “4, 4A or”;

• (c) omit paragraphs (d) and (e).

25

• (1) Section 16 is amended as follows.

• (2) In subsection (1)(a) and (b), for “or nicotine” substitute “, vape or nicotine”.

• (3) For subsection (3) substitute—

(3) In this section “tobacco, vape or nicotine offence” means an offence falling within section 5(14) or 6(8).

26

In section 22, in subsection (1)—

• (a) omit the definition of “cigarettes”;

• (b) for the definition of “nicotine product” substitute—

• “nicotine product” has the meaning given by Article 7 of the Health and Personal Social Services (Northern Ireland) Order 1978;

• (c) for the definition of “tobacco” substitute—

• “tobacco product” has the meaning given by Article 7 of the Health and Personal Social Services (Northern Ireland) Order 1978;

• (d) in the definition of “tobacco business”, for “tobacco” substitute “tobacco products, herbal smoking products”;

• (e) at the appropriate places insert—

• “cigarette papers” has the meaning given by Article 7 of the Health and Personal Social Services (Northern Ireland) Order 1978;

• “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” has the meaning given by Article 7 of the Health and Personal Social Services (Northern Ireland) Order 1978;

• “vaping product” has the meaning given by Article 7 of the Health and Personal Social Services (Northern Ireland) Order 1978;

Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 (c. 26 (N.I.))

27

The Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 is amended as follows.

28

In the heading of Part 1, for “Sale or use” substitute “Use”.

29

Omit sections 1 to 4.

30

Omit sections 6 and 7.

Health Act 2009

31

In the Health Act 2009 omit section 23.

Digital Markets, Competition and Consumers Act 2024

32

• (1) The Digital Markets, Competition and Consumers Act 2024 is amended as follows.

• (2) In section 151 (consumer protection law: enforcers), in subsection (1), after paragraph (h) insert—

(ha) every district council in Northern Ireland;

• (3) In Schedule 15 (consumer protection enactments), in Part 1, in the Table—

• (a) in the entry relating to Article 5 of the Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991 (S.I. 1991/2872 (N.I. 25)), in column 2, in paragraph (1), before sub-paragraph (a) insert—

(aa) the Department for the Economy in Northern Ireland;

• (b) in the entry relating to Articles 3 and 4 of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26))—

• (i) in column 1, for “Articles 3 and 4” substitute “Part 2”;

• (ii) in column 2, in paragraph (1), before sub-paragraph (a) insert—

(aa) the Department for the Economy in Northern Ireland;

Schedule 15 — Part 3: consequential amendments commencing on 1 January 2027

Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)

1

In the Health and Personal Social Services (Northern Ireland) Order 1978 omit Articles 5 and 6.

Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991 (S.I. 1991/2872 (N.I. 25))

2

The Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991 is revoked.

Police (Northern Ireland) Act 2003

3

• (1) Schedule 2A to the Police (Northern Ireland) Act 2003 is amended as follows.

• (2) Omit paragraph 7 and the italic heading before it.

• (3) In paragraph 8—

• (a) omit sub-paragraph (2);

• (b) in sub-paragraphs (3), (4) and (5) omit “or (2)”.

Smoking (Northern Ireland) Order 2006 (S.I. 2006/2957 (N.I. 20))

4

The Smoking (Northern Ireland) Order 2006 is amended as follows.

5

In Article 1, in paragraph (3)(h), for “14 to” substitute “15 and”.

6

Omit Article 14 (power to change age of sale for tobacco, etc).

7

In Article 15, in paragraph (3)(a) omit “or 14”.

Tobacco Retailers Act (Northern Ireland) 2014 (c. 4 (N.I.))

8

The Tobacco Retailers Act (Northern Ireland) 2014 is amended as follows.

9

In section 1, in subsection (4) omit paragraph (c).

10

In section 11, in subsection (1)(a) omit sub-paragraph (iii).

11

In section 12, in subsection (1) omit paragraph (c).

12

Omit section 18.

Digital Markets, Competition and Consumers Act 2024

13

In Schedule 15 to the Digital Markets, Competition and Consumers Act 2024, in Part 1, in the Table omit the entry relating to Article 5 of the Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991 (S.I. 1991/2872 (N.I. 25)).

Schedule 16 — Advertising etc: audiovisual and radio broadcasting

1

The Communications Act 2003 is amended as follows.

2

In section 319 (OFCOM’s standards code for television and radio) for subsections (10) and (11) substitute—

(10) So far as relating to product placement falling within paragraph 4(ba), (bb), (bc), (bd), (bg) or (bh) of Schedule 11A (herbal smoking products, cigarette papers and nicotine products) subsection (2)(fa) does not apply in relation to programmes the production of which began before the coming into force of paragraph 7 of Schedule 16 to the Tobacco and Vapes Act 2026. (11) So far as relating to product placement falling within paragraph 4(be) of Schedule 11A (vaping products), subsection (2)(fa)— (a) does not apply in relation to programmes the production of which began before 20 May 2016, and (b) in relation to the product placement of— (i) vaping substances that do not contain nicotine, or (ii) vapes which are intended solely for use with substances that do not contain nicotine, does not apply in relation to programmes the production of which began before the coming into force of paragraph 7 of Schedule 16 to the Tobacco and Vapes Act 2026. (11A) So far as relating to product placement falling within paragraph 4(bf) of Schedule 11A (undertakings whose principal activity is the manufacture or sale of vaping products) subsection (2)(fa)— (a) does not apply in relation to programmes the production of which began before 1 November 2020, and (b) in relation to product placement by or on behalf of an undertaking whose principal activity is the manufacture or sale of— (i) vaping substances that do not contain nicotine, or (ii) vapes which are intended solely for use with substances that do not contain nicotine, (or both) does not apply in relation to programmes the production of which began before the coming into force of paragraph 7 of Schedule 16 to the Tobacco and Vapes Act 2026. (11B) In subsections (11) and (11A) “vape” and “vaping substance” have the meaning given by section 116 of the Tobacco and Vapes Act 2026.

3

• (1) Section 368F (on-demand programme services: prohibited advertising) is amended as follows.

• (2) In subsection (1), for paragraph (aa) substitute—

(aa) herbal smoking products; (ab) cigarette papers;

• (3) After subsection (1) insert—

(1A) Advertising of vaping products or nicotine products is only permitted in an on-demand programme service if— (a) the advertising relates to those products in general or to a category of those products, but not to a particular brand, and (b) the inclusion of the advertising in the service is in accordance with arrangements made by a public authority. (1B) A public authority may only make such arrangements for the purposes of promoting or protecting public health.

4

• (1) Section 368G (on-demand programme services: prohibited sponsorship) is amended as follows.

• (2) In subsection (1)—

• (a) in paragraph (a), after “other tobacco products” insert “, herbal smoking products or cigarette papers”;

• (b) in paragraph (b), after “other tobacco products” insert “, herbal smoking products or cigarette papers (or of two or more of those products)”.

• (3) In subsection (1A)—

• (a) in paragraph (a), for “electronic cigarettes or electronic cigarette refill containers” substitute “vaping products or nicotine products”;

• (b) in paragraph (b), for “electronic cigarettes or electronic cigarette refill containers” substitute “vaping products or nicotine products (or both)”.

5

• (1) Section 368H (on-demand programme services: prohibited product placement) is amended as follows.

• (2) In subsection (4)—

• (a) in paragraph (b), after “tobacco products” insert “(or both)”;

• (b) for paragraphs (ba) and (bb) substitute—

(ba) it is of herbal smoking products, (bb) it is by or on behalf of an undertaking whose principal activity is the manufacture or sale of herbal smoking products, (bc) it is of cigarette papers, (bd) it is by or on behalf of an undertaking whose principal activity is the manufacture or sale of cigarette papers, (be) it is of vaping products, (bf) it is by or on behalf of an undertaking whose principal activity is the manufacture or sale of vaping products, (bg) it is of nicotine products, (bh) it is by or on behalf of an undertaking whose principal activity is the manufacture or sale of nicotine products, or

• (3) For subsections (15A) and (15B) substitute—

(15A) Subsection (4)(ba), (bb), (bc), (bd), (bg) and (bh) do not apply in relation to programmes the production of which began before the coming into force of paragraph 5 of Schedule 16 to the Tobacco and Vapes Act 2026. (15B) Subsection (4)(be)— (a) does not apply in relation to programmes the production of which began before 20 May 2016, and (b) in relation to the product placement of— (i) vaping substances that do not contain nicotine, or (ii) vapes which are intended solely for use with substances that do not contain nicotine, does not apply in relation to programmes the production of which began before the coming into force of paragraph 5 of Schedule 16 to the Tobacco and Vapes Act 2026. (15BA) Subsection (4)(bf)— (a) does not apply in relation to programmes the production of which began before 1 November 2020, and (b) in relation to product placement by or on behalf of an undertaking whose principal activity is the manufacture or sale of— (i) vaping substances that do not contain nicotine, or (ii) vapes which are intended solely for use with substances that do not contain nicotine, (or both) does not apply in relation to programmes the production of which began before the coming into force of paragraph 5 of Schedule 16 to the Tobacco and Vapes Act 2026. (15BB) In subsections (15B) and (15BA) “vape” and “vaping substance” have the meaning given by section 116 of the Tobacco and Vapes Act 2026.

6

In section 368R (interpretation of Part 4A), in subsection (1)—

• (a) omit the definitions of “electronic cigarette” and “electronic cigarette refill container”;

• (b) at the appropriate places insert—

• “cigarette papers” has the meaning given by section 116 of the Tobacco and Vapes Act 2026;

• “herbal smoking product” has the meaning given by section 116 of the Tobacco and Vapes Act 2026;

• “nicotine product” has the meaning given by section 116 of the Tobacco and Vapes Act 2026;

• (c) for the definition of “tobacco product” substitute—

• “tobacco product” has the meaning given by section 116 of the Tobacco and Vapes Act 2026;
• “vaping product” has the meaning given by section 116 of the Tobacco and Vapes Act 2026.

7

• (1) Schedule 11A (restrictions on product placement) is amended as follows.

• (2) In paragraph 4—

• (a) in paragraph (b), after “tobacco products” insert “(or both)”;

• (b) for paragraphs (ba) and (bb) substitute—

(ba) of herbal smoking products; (bb) by or on behalf of an undertaking whose principal activity is the manufacture or sale of herbal smoking products; (bc) of cigarette papers; (bd) by or on behalf of an undertaking whose principal activity is the manufacture or sale of cigarette papers; (be) of vaping products; (bf) by or on behalf of an undertaking whose principal activity is the manufacture or sale of vaping products; (bg) of nicotine products; (bh) by or on behalf of an undertaking whose principal activity is the manufacture or sale of nicotine products; or

• (3) In paragraph 9—

• (a) omit the definitions of “electronic cigarette” and “electronic cigarette refill container”;

• (b) for the definition of “tobacco product” substitute—

• “tobacco product” has the meaning given by section 116 of the Tobacco and Vapes Act 2026;

• (c) at the appropriate places insert—

• “cigarette papers” has the meaning given by section 116 of the Tobacco and Vapes Act 2026;

• “herbal smoking product” has the meaning given by section 116 of the Tobacco and Vapes Act 2026;

• “nicotine product” has the meaning given by section 116 of the Tobacco and Vapes Act 2026;

• “vaping product” has the meaning given by section 116 of the Tobacco and Vapes Act 2026.

Schedule 17 — Amendments consequential on sections 142 to 146

1

The Health Act 2006 is amended as follows.

2

• (1) Section 2 is amended as follows.

• (2) For subsection (2) substitute—

(2) Premises in England are smoke-free if they are workplaces; they are smoke-free all the time.

• (3) In subsection (3), for “used as a place of work mentioned in subsection (2)” substitute “a workplace”.

• (4) For subsections (7) and (8) substitute—