Tobacco and Vapes Act 2026

• (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—

(7) In this Part “workplace” means— (a) a place of work used by more than one person (even if the persons who work there do so at different times, or only intermittently), or (b) a place of work where members of the public might attend for the purpose of seeking or receiving goods or services from the person or persons working there (even if members of the public are not always present).

3

• (1) Section 9 (fixed penalties) is amended as follows.

• (2) In subsection (1), for “or 7(2)” substitute “7(2), 8C(1), 8E(5), 8H(1) or 8J(6)”.

• (3) In subsection (1A), after “section 8(4)” insert “8D(3), 8I(3)”.

4

In section 10 (enforcement), in subsections (1), (3) and (5), for “Chapter”, in each place it occurs, substitute “Part”.

5

In section 11 (obstruction etc of officers), in subsections (1) and (2), for “Chapter” substitute “Part”.

6

• (1) Section 12 (interpretation) is amended as follows.

• (2) In subsection (1), for “Chapter” substitute “Part”.

• (3) At the appropriate places insert—

• “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);

• “heated tobacco-free place”: see section 8G;

• “heated tobacco-free vehicle”: see section 8G;

• “open to the public”: premises and places are open to the public if the public or a section of the public has access to them, whether by invitation or not, and whether on payment or not;

• “performance” 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” has the meaning given by section 8C(6);

• “vape” has the meaning given by section 50 of the Tobacco and Vapes Act 2026;

• “vape-free place”: see section 8B;

• “vape-free vehicle”: see section 8B;

• “vaporises” has the meaning given by section 50 of the Tobacco and Vapes Act 2026;

• “work” includes voluntary work;

• “workplace” has the meaning given by section 2(7).

• (4) In subsection (3), for “Chapter” substitute “Part”.

7

In Schedule 2 (powers of entry etc), in paragraphs, 2(a), 3, 4 and 6(1)(a) omit “Chapter 1 of”.

Schedule 18 — Amendments consequential on sections 148 to 151

1

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

2

• (1) Section 5 is amended as follows.

• (2) In the heading, for “sections 1 to 3 and 4A to 4C” substitute “Chapters 1 to 3”.

• (3) In subsection (1), for “section 1, 2, 3, 4A, 4B or 4C(5)” substitute “any provision of Chapter 1, 2 or 3 creating an offence”.

3

In section 6, in subsection (2), omit “under section 1, 3, 4A, 4B or 4C(5)”.

4

• (1) Section 7 is amended as follows.

• (2) For subsection (1) substitute—

(1) An authorised officer of the appropriate council may— (a) enter and search any no-smoking premises in order to ascertain whether an offence under section 1, 2 or 3 has been or is being committed there; (b) enter and search any vape-free premises in order to ascertain whether an offence under Chapter 2 has been or is being committed there; (c) enter and search any heated tobacco-free premises in order to ascertain whether an offence under Chapter 3 has been or is being committed there.

• (3) Omit subsection (1A).

• (4) In subsection (3)(a)(i), for “section 1, 2, 3, 4A, 4B or 4C(5)” substitute “Chapter 1, 2 or 3”.

• (5) In subsection (5), for the definition of “the appropriate council” substitute—

• “the appropriate council” means the council in the area in which those premises are.

5

After section 8 insert—

(8A) In this Part— - “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); - “heated tobacco-free premises” has the meaning given by section 4L(1); - “no-smoking premises” has the meaning given by section 4(2); - “performance” 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” has the meaning given by section 4E(6); - “smoke” has the meaning given by section 4(1); - “vape” has the meaning given by section 35 of the Tobacco and Primary Medical Services (Scotland) Act 2010; - “vape-free premises” has the meaning given by section 4H(1); - “vaporises” has the meaning given by section 35 of the Tobacco and Primary Medical Services (Scotland) Act 2010.

6

In section 40, in subsection (3)(a) omit “or 4D(2)(a) or (4)(a)”.

7

• (1) Schedule 1 is amended as follows.

• (2) In the heading, for “sections 1, 2, 3, 4A, 4B and 4C(5)” substitute “Part 1”.

• (3) In paragraph 1—

• (a) in sub-paragraph (1A), after paragraph (c) insert—

(d) an offence under Chapter 2 in vape-free premises within the area of the council, (e) an offence under Chapter 3 in vape-free premises within the area of the council,

• (b) in sub-paragraphs (2) and (3), for “section 1, 2, 3, 4A, 4B or 4C(5)” substitute “Chapter 1, 2 or 3”.

8

In paragraph 2, for “section 1, 2, 3, 4A, 4B or 4C(5)” substitute “Chapter 1, 2 or 3”.

9

In paragraph 4, in sub-paragraph (1), for “section 1, 2, 3, 4A, 4B or 4C(5)“ substitute “Chapter 1, 2 or 3”.

Schedule 19 — Amendments consequential on sections 153 to 157

1

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

2

In the Welsh language text, after section 17 insert—

(17A) (1) Yn y Bennod hon— - ystyr “cartref gofal i oedolion” (“adult care home”) yw mangre lle y darperir gwasanaeth cartref gofal o fewn yr ystyr a roddir gan baragraff 1 o Atodlen 1 i Ddeddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 (dccc 2) i bersonau sy’n 18 oed neu’n hŷn; - mae “cerbyd” (“vehicle”) yn cynnwys trên, tram, cwch neu long, hofrenfad ac awyren; - mae “cyfarpar maes chwarae” (“playground equipment”) yn cynnwys (er enghraifft) siglen, llithren, pwll tywod, neu ramp, ond nid yw’n cynnwys cyfarpar â modur (megis cyfarpar sy’n rhedeg ar fodur trydanol); - mae i “Cymru” yr ystyr a roddir i “Wales” gan adran 158(1) o Ddeddf Llywodraeth Cymru 2006 (p.32); - mae i “disgybl cofrestredig” yr ystyr a roddir i “registered pupil” gan adran 434(5) o Ddeddf Addysg 1996 (p.56); - ystyr “gofal plant” (“childcare”) yw (yn ddarostyngedig i is-adran (2)) unrhyw ffurf ar ofal ar gyfer plentyn, ac eithrio gofal a ddarperir ar gyfer plentyn gan riant, perthynas neu riant maeth i’r plentyn, ac mae’n cynnwys— addysg ar gyfer plentyn, a unrhyw weithgaredd arall o dan oruchwyliaeth ar gyfer plentyn; - ystyr “hosbis i oedolion” (“adult hospice”) yw mangre a ddefnyddir yn gyfan gwbl neu’n bennaf ar gyfer darparu gofal lliniarol i bersonau sy’n 18 oed neu’n hŷn, sy’n dioddef o glefyd sy’n gwaethygu ac sydd yn ei gyfnodau olaf, gan neu ar ran sefydliad â’i brif swyddogaeth yw darparu gofal o’r fath; - mae “mangre” (“premises”) yn cynnwys— unrhyw fan; strwythur symudol ac eithrio cerbyd; stondin; pabell; gosodiad alltraeth o fewn yr ystyr a roddir i “offshore installation” yn Neddf Gweithiau Mwynau (Gosodiadau Alltraeth) 1971 (p.61) (gweler adran 12 o’r Ddeddf honno); - ystyr “perthynas” (“relative”), mewn perthynas â phlentyn, yw llys-riant, mam-gu/nain, tad-cu/taid, modryb, ewythr, brawd neu chwaer (gan gynnwys unrhyw berson sydd yn y berthynas honno yn rhinwedd priodas neu bartneriaeth sifil neu berthynas deuluol barhaus); - ystyr “plentyn” (“child”) yw person o dan 18 oed; - mae “rhiant” (“parent”) yn cynnwys unrhyw berson a chanddo gyfrifoldeb rhiant (o fewn yr ystyr a roddir i “parental responsibility” yn adran 3 o Ddeddf Plant 1989 (p.41)) dros blentyn; - mae i “ysbyty” yr ystyr a roddir i “hospital” gan adran 206 o Ddeddf y Gwasanaeth Iechyd Gwladol (Cymru) 2006 (p.42); - mae i “ysgol” yr ystyr a roddir i “school” gan adran 4 o Ddeddf Addysg 1996 (p.56); - mae “ysmygu” (“smoking” a “smokes”) i gael ei ddarllen yn unol ag adran 4. (2) Nid yw cyfeiriadau yn y Bennod hon at “gofal plant” yn cynnwys— (a) addysg (neu unrhyw weithgaredd arall o dan oruchwyliaeth) a ddarperir gan ysgol yn ystod oriau ysgol ar gyfer disgybl cofrestredig, na (b) unrhyw ffurf ar ofal iechyd ar gyfer plentyn. (3) At ddibenion is-adran (1) mae person yn rhiant maeth mewn perthynas â phlentyn os yw’r person— (a) yn rhiant maeth awdurdod lleol (o fewn yr ystyr a roddir gan adran 197 o Ddeddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 (dccc 4)), neu (b) yn maethu’r plentyn yn breifat. (4) Mae cyfeiriadau yn y Bennod hon at “annedd” yn cynnwys tir a fwynheir gyda mangre pan fo’r fangre ei hun yn annedd, oni bai bod y tir yn dir amaethyddol (o fewn yr ystyr a roddir gan adran 246 o Ddeddf Rhentu Cartrefi (Cymru) 2016 (dccc 1)) sy’n fwy na 0.809 hectar. (5) Mae cyfeiriadau yn y Bennod hon, sut bynnag y’u mynegir, at fangreoedd neu gerbydau sy’n ddi-fwg (neu nad ydynt yn ddi-fwg) (neu sy’n cael eu trin fel pe baent yn ddi-fwg) yn gyfeiriadau at y mangreoedd hynny neu’r cerbydau hynny i’r graddau y maent yn ddi-fwg (neu nad ydynt yn ddi-fwg) (neu’n cael eu trin fel pe baent yn ddi-fwg) o dan y Bennod hon neu yn rhinwedd y Bennod hon. (6) Gall mangreoedd fod yn ddi-fwg yn rhinwedd mwy nag un adran yn y Bennod hon. (7) Caiff rheoliadau bennu at ddiben y Bennod hon ystyr “caeedig”, “sylweddol gaeedig” ac “nad yw’n gaeedig nac yn sylweddol gaeedig.

3

In the English language text, after section 17 insert—

(17A) (1) In this Chapter— - “adult care home” (“cartref gofal i oedolion”) means premises at which a care home service within the meaning given by paragraph 1 of Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) is provided to persons aged 18 or over; - “adult hospice” (“hosbis i oedolion”) means premises wholly or mainly used for the provision of palliative care to persons aged 18 or over, who are suffering from a progressive disease in its final stages, by or behalf of an establishment the primary function of which is the provision of such care; - “child” (“plentyn”) means a person aged under 18; - “childcare” (“gofal plant”) means (subject to subsection (2)) any form of care for a child, other than care provided for a child by a parent, relative or foster parent of the child, and includes— education for a child, and any other supervised activity for a child; - “hospital” (“ysbyty”) has the meaning given by section 206 of the National Health Service (Wales) Act 2006 (c.42); - “parent” (“rhiant”) includes any person who has parental responsibility (within the meaning of section 3 of the Children Act 1989 (c.41)) for a child; - “playground equipment” (“cyfarpar maes chwarae”) includes (for example) a swing, slide, sand-pit, or ramp, but does not include powered equipment (such as equipment powered by electric motor); - “premises” (“mangre”) includes— any place; a moveable structure other than a vehicle; a stall; a tent; an offshore installation within the meaning given in the Mineral Workings (Offshore Installations) Act 1971 (c.61) (see section 12 of that Act); - “registered pupil” (“disgybl cofrestredig”) has the meaning given by section 434(5) of the Education Act 1996 (c.56); - “relative” (“perthynas”), in relation to a child, means a step-parent, grandparent, aunt, uncle, brother or sister (including any person who is in that relationship by virtue of a marriage or civil partnership or an enduring family relationship); - “school” (“ysgol”) has the meaning given by section 4 of the Education Act 1996 (c.56); - “smoking” and “smokes” (“ysmygu”) are to be read in accordance with section 4; - “vehicle” (“cerbyd”) includes a train, tram, vessel, hovercraft and aircraft; - “Wales” (“Cymru”) has the meaning given by section 158(1) of the Government of Wales Act 2006 (c.32). (2) References in this Chapter to “childcare” do not include— (a) education (or any other supervised activity) provided by a school during school hours for a registered pupil, or (b) any form of health care for a child. (3) For the purposes of subsection (1) a person is a foster parent in relation to a child if the person— (a) is a local authority foster parent (within the meaning given by section 197 of the Social Services and Well-being (Wales) Act 2014 (anaw 4)), or (b) fosters the child privately. (4) References in this Chapter to a “dwelling” include land enjoyed with premises where the premises themselves constitute a dwelling, unless the land is agricultural land (within the meaning given by section 246 of the Renting Homes (Wales) Act 2016 (anaw 1)) exceeding 0.809 hectares. (5) References in this Chapter, however expressed, to premises or vehicles which are (or are not) smoke-free (or treated as smoke-free), are to those premises or vehicles so far as they are (or are not) smoke-free (or treated as smoke-free) under or by virtue of this Chapter. (6) Premises may be smoke-free by virtue of more than one section in this Chapter. (7) Regulations may specify for the purpose of this Chapter what “enclosed”, “substantially enclosed” and “not enclosed or substantially enclosed” mean.

4

Sections 18 to 29 (and the italic heading before section 18) become a new Chapter 1C of Part 3—

• (a) with the heading “Gorfodi a chyffredinol” in the Welsh language text, and

• (b) with the heading “Enforcement and general”, in the English language text.

5

In the Welsh language text of section 18, in subsection (3), for “darpariaethau’r Bennod hon a rheoliadau a wneir odani” substitute “darpariaethau Penodau 1, 1A ac 1B a’r Bennod hon a rheoliadau a wneir o dan unrhyw un o’r Penodau hynny”.

6

In the English language text of section 18, in subsection (3), for “this Chapter and regulations made under it” substitute “Chapters 1, 1A and 1B and this Chapter and regulations made under any of those Chapters”.

7

In the Welsh language text of section 19, in subsection (1)(a), for “adran 5, 6 neu 17” substitute “Bennod 1, 1A neu 1B”.

8

In the English language text of section 19, in subsection (1)(a), for “section 5, 6 or 17” substitute “Chapter 1, 1A or 1B”.

9

In the Welsh language text of section 20, in subsection (1)(a), for “neu 6” substitute “, 6, 17C, 17D, 17H neu 17I”.

10

In the English language text of section 20, in subsection (1)(a), for “or 6” substitute “, 6, 17C, 17D, 17H or 17I”.

11

In the Welsh language text of section 21, in suibsection (1)(a), for “adran 5, 6 neu 17” substitute “Bennod 1, 1A neu 1B”.

12

In the English language text of section 21, in subsection (1)(a), for “section 5, 6 or 17” substitute “Chapter 1, 1A or 1B”.

13

In the Welsh language text of section 23, in subsections (1) and (2), for “adran 5, 6 neu 17” substitute “Bennod 1, 1A neu 1B”.

14

In the English language text of section 23, in subsections (1) and (2), for “section 5, 6 or 17” substitute “Chapter 1, 1A or 1B”.

15

In the Welsh language text of section 25, in subsection (2), for “adran 5, 6 neu 17” substitute “Bennod 1, 1A neu 1B”.

16

In the English language text of section 25, in subsection (2), for “section 5, 6 or 17” substitute “Chapter 1, 1A or 1B”.

17

In the Welsh language text of section 26, in subsection (2)(a), for “adran 5, 6 neu 17” substitute “Bennod 1, 1A neu 1B”.

18

In the English language text of section 26, in subsection (2)(a), for “section 5, 6 or 17” substitute “Chapter 1, 1A or 1B”.

19

• (1) The Welsh language text of section 27 is amended as follows.

• (2) In subsection (1), after paragraph (b) insert—

(c) trosedd o dan adran 17C(1); (d) trosedd o dan adran 17E(5); (e) trosedd o dan adran 17H(1); (f) trosedd o dan adran 17J(6),

• (3) In subsection (2), after “6(6)” insert “, 17D(3) neu 17I(3)”.

20

• (1) The English language text of section 27 is amended as follows.

• (2) In subsection (1), after paragraph (b) insert—

(c) an offence under section 17C(1); (d) an offence under section 17E(5); (e) an offence under section 17H(1); (f) an offence under section 17J(6),

• (3) In subsection (2), after “6(6)” insert “, 17D(3) or 17I(3)”.

21

In the Welsh language text, for section 28 substitute—

(28) (1) Yn y Bennod hon— - mae “awdurdod gorfodi” (“enforcement authority”) i gael ei ddehongli yn unol ag adran 18; - mae “cerbyd” (“vehicle”) yn cynnwys trên, tram, cwch neu long, hofrenfad ac awyren; - mae i “Cymru” yr ystyr a roddir i “Wales” gan adran 158(1) o Ddeddf Llywodraeth Cymru 2006 (p.32); - mae “mangre” (“premises”) yn cynnwys— unrhyw fan; strwythur symudol ac eithrio cerbyd; stondin; pabell; gosodiad alltraeth o fewn yr ystyr a roddir i “offshore installation” yn Neddf Gweithiau Mwynau (Gosodiadau Alltraeth) 1971 (p.61) (gweler adran 12 o’r Ddeddf honno); - mae i “swyddog awdurdodedig” (“authorised officer”) yr ystyr a roddir gan adran 18(5). (2) Mae cyfeiriadau yn y Bennod hon at “annedd” yn cynnwys tir a fwynheir gyda mangre pan fo’r fangre ei hun yn annedd, oni bai bod y tir yn dir amaethyddol (o fewn yr ystyr a roddir gan adran 246 o Ddeddf Rhentu Cartrefi (Cymru) 2016 (dccc 1)) sy’n fwy na 0.809 hectar.

22

In the English language text, for section 28 substitute—

(28) (1) In this Chapter— - “authorised officer” (“swyddog awdurdodedig”) has the meaning given by section 18(5); - “enforcement authority” (“awdurdod gorfodi”) is to be interpreted in accordance with section 18; - “premises” (“mangre”) includes— any place; a moveable structure other than a vehicle; a stall; a tent; an offshore installation within the meaning given in the Mineral Workings (Offshore Installations) Act 1971 (c.61) (see section 12 of that Act); - “vehicle” (“cerbyd”) includes a train, tram, vessel, hovercraft and aircraft; - “Wales” (“Cymru”) has the meaning given by section 158(1) of the Government of Wales Act 2006 (c.32). (2) References in this Chapter to a “dwelling” include land enjoyed with premises where the premises themselves constitute a dwelling, unless the land is agricultural land (within the meaning given by section 246 of the Renting Homes (Wales) Act 2016 (anaw 1)) exceeding 0.809 hectares.

23

In the Welsh language text of section 123, in subsection (2)(a), for “, 28(7)” substitute “17A(7)”.

24

In the English language text of section 123, in subsection (2)(a), for “, 28(7)” substitute “17A(7)“.

Schedule 20 — Amendments consequential on sections 159 to 162

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

1

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

2

In Article 2, in paragraph (3), at the appropriate places insert—

• “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);

• “open to the public”: premises and places are open to the public if the public or a section of the public has access to them, whether by invitation or not, and whether on payment or not;

• “performance” 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” means a vape that is not a heated tobacco device;

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

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

• “workplace” has the meaning given by Article 3(7);

3

• (1) Article 3 is amended as follows.

• (2) For paragraph (2) substitute—

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

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

• (4) For paragraph (7) substitute—

(7) In this Order “workplace” means— (a) a place of work used by more than one person (even if the persons who work there do so at different times, or only intermittently), or (b) a place of work where members of the public might attend for the purpose of seeking or receiving goods or services from the person or persons working there (even if members of the public are not always present).

4

In Article 10, in paragraphs (1) and (1A), for “or 8(2)” substitute “, 8(2), 9B(5), 9C(1), 9F(6) or 9G(1)”.

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

5

In section 5 of the Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 omit subsection (8).

Schedule 21 — Consequential amendments: general

Tobacco Advertising and Promotion Act 2002

1

The Tobacco Advertising and Promotion Act 2002 is repealed.

Communications Act 2003

2

In Schedule 17 to the Communications Act 2003 omit paragraph 173 and the italic heading before it.

Regulatory Enforcement and Sanctions Act 2008

3

In Schedule 3 to the Regulatory Enforcement and Sanctions Act 2008 omit the reference to the Tobacco Advertising and Promotion Act 2002.

Health Act 2009

4

The Health Act 2009 is amended as follows.

5

Omit sections 20 and 21.

6

• (1) Section 40 is amended as follows.

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

• (3) Omit subsection (3).

• (4) In subsection (4) for “to (3)” substitute “or (2)”.

• (5) In subsection (5) omit paragraphs (a) and (b).

• (6) In subsection (6) omit paragraphs (b) and (c).

• (7) In subsection (7) omit paragraphs (b) and (c).

7

Omit Schedule 4.

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

8

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

9

In section 1, in subsection (7), for “section 6(2) of the Tobacco Advertising and Promotion Act 2002 (c.36)” substitute “section 127(3) of the Tobacco and Vapes Act 2026”.

10

Omit section 2.

11

In section 3 omit subsection (5).

Consumer Rights Act 2015

12

In Schedule 5 to the Consumer Rights Act 2015, in the entry relating to the Tobacco and Vapes Act 2026 (inserted by section 32 of this Act), after “section 32” insert “or 135”.

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

13

The Tobacco and Related Products Regulations 2016 are amended as follows.

14

In regulation 12, in paragraph (1), for “not otherwise made unlawful by the provisions of the Tobacco Advertising and Promotion Act 2002” substitute “not otherwise unlawful”.

15

Omit Part 7.

16

In regulation 48 omit paragraph (e).

17

• (1) Regulation 50 is amended as follows.

• (2) Omit paragraphs (2) to (4).

• (3) In paragraph (5) omit “or (2)”.

• (4) In paragraph (7) omit “or (2)”.

18

In regulation 53 omit paragraph (5).

19

Omit Schedule 1.

Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14)

20

The Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 is amended as follows.

21

Omit section 17.

22

Omit section 19.

Digital Markets, Competition and Consumers Act 2024

23

In Schedule 15 to the Digital Markets, Competition and Consumers Act 2024, in Part 1, in the Table omit the entry relating to the Tobacco Advertising and Promotion Act 2002.

Media Act 2024

24

The Media Act 2024 is amended as follows.

25

In Schedule 2 omit paragraph 21 and the italic heading before it.

26

In Schedule 4 omit paragraph 28 and the italic heading before it.

Editorial notes