The Environmental Protection (Single-use Vapes) (England) Regulations 2024

Made: 25th November 2024

Coming into force: 1st June 2025

In accordance with section 62(3) of the 2008 Act, a draft of these Regulations has been laid before, and approved by resolution of, each House of Parliament.

PART 1 — Introduction

Citation, commencement, extent and application

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• (1) These Regulations may be cited as the Environmental Protection (Single-use Vapes) (England) Regulations 2024.

• (2) These Regulations come into force on 1st June 2025.

• (3) These Regulations extend to England and Wales and apply in relation to England only.

Interpretation

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In these Regulations—

• “compliance notice” has the meaning given by paragraph 1(1)(b) of the Schedule;

• “container” means a cartridge, pod, tank, capsule or other any other receptacle designed to hold a vaping substance and to be used with a vape;

• “fixed monetary penalty” has the meaning given by paragraph 1(1)(a) of the Schedule;

• “local authority” means— in relation to the City of London, the Common Council for the City of London, in relation to an area in the rest of London, the London borough council for that area, in relation to the Isles of Scilly, the Council of the Isles of Scilly, in relation to an area in the rest of England, the county council for that area or, where there is no county council in that area, the district council for that area;

• “non-compliance penalty” has the meaning given in paragraph 24(1) of the Schedule;

• “regulator” means a local authority;

• “single-use vape” has the meaning given by regulation 3;

• “stop notice” has the meaning given by paragraph 9(2) of the Schedule;

• “supply” means supply, whether by way of sale or not, in the course of a business;

• “third party undertaking” has the meaning given by paragraph 3(1) of the Schedule;

• “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 within the meaning of regulation 2(1) of the Medical Devices Regulations 2002[^f00005] or a medicinal product within the meaning of regulation 2(1) of the Human Medicines Regulations 2012[^f00006];

• “vaping substance” means a substance, other than tobacco, that is intended to be vaporised by a vape;

• “vaporises” includes aerosolises (and “vaporised” is to be construed accordingly).

Meaning of single-use vape

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• (1) A single-use vape is a vape which is not designed or intended to be re-used (a “single-use vape”) and includes any vape which is—

• (a) not refillable,

• (b) not rechargeable, or

• (c) not refillable and not rechargeable.

• (2) For the purposes of this regulation, a vape is not refillable unless it is designed to include—

• (a) a single-use container which is separately available and can be replaced by an individual user in the normal course of use, or

• (b) a container which can be refilled by an individual user in the normal course of use.

• (3) For the purposes of this regulation, a vape is not rechargeable if it is designed to contain—

• (a) a battery which cannot be recharged, or

• (b) a coil which is not separately available and intended to be replaced by an individual user in the normal course of use, including any coil which is contained in a single-use cartridge or pod which is not separately available and cannot be replaced by an individual user in the normal course of use.

• (4) For the purposes of this regulation, “separately available” means available for purchase by an individual user.

PART 2 — Offences

Offence: supply of single-use vapes

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• (1) A person who supplies, offers to supply or has in their possession for supply a single-use vape is guilty of an offence[^f00007].

• (2) A person guilty of an offence under paragraph (1) is liable on summary conviction to a fine.

Offence: failure to comply with an enforcement requirement

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• (1) A person who without reasonable excuse—

• (a) fails to comply with any requirement imposed in the exercise of an enforcement officer’s powers under regulation 10(1)(c)(iii) or (g), or

• (b) otherwise obstructs an enforcement officer in the exercise of the officer’s powers under regulation 10,

is guilty of an offence.

• (2) A person guilty of an offence under paragraph (1) is liable on summary conviction to a fine.

Offences by bodies corporate

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• (1) Where an offence under these Regulations has been committed by a body corporate and it is proved that the offence—

• (a) was committed with the consent or connivance of a person falling within paragraph (2), or

• (b) is attributable to any neglect on the part of such a person,

that person (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly.

• (2) The persons are—

• (a) a director, manager, secretary or similar officer of the body corporate;

• (b) any person purporting to act in such a capacity.

• (3) Where the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member, in connection with that management, as if the member were a director of the body corporate.

Defence of due diligence

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• (1) Subject to paragraphs (2) and (4), in proceedings for an offence under this Part it is a defence for the person charged (“P”) to show that P took all reasonable steps and exercised all due diligence to avoid committing the offence.

• (2) P may not rely on a defence under paragraph (1) which involves a third party allegation unless P has—

• (a) served a notice in accordance with paragraph (3); or

• (b) obtained the leave of the court.

• (3) The notice must—

• (a) give any information in P’s possession which identifies or assists in identifying the person—

• (i) whose act or default is the subject of the third party allegation; or

• (ii) who supplied the information on which P relied; and

• (b) be served on the person bringing the proceedings not less than 7 clear days before the hearing of the proceedings.

• (4) P may not rely on a defence under paragraph (1) which involves an allegation that the commission of the offence was due to reliance on information supplied by another person unless it was reasonable for P to have relied on the information, having regard in particular to—

• (a) the steps that P took, and those which might reasonably have been taken, for the purposes of verifying the information; and

• (b) whether P had any reason to disbelieve the information.

• (5) In this regulation, “third party allegation” means an allegation that the commission of the offence was due to—

• (a) the act or default of another person; or

• (b) reliance on information supplied by another person.

PART 3 — Enforcement and civil sanctions

Enforcement

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• (1) A regulator may authorise any person to exercise, for an authorised purpose and in accordance with the terms of the authorisation, any of the powers specified in regulation 10, if that person appears to the regulator suitable to exercise them.

• (2) An authorisation under paragraph (1) must be in writing.

• (3) In this Part—

• “authorised purpose” means the purpose of determining whether an offence under Part 2 has been or is being committed, or any requirement of a compliance notice, a stop notice or an enforcement undertaking under these Regulations has been or is being contravened;

• “enforcement officer” means a person authorised under paragraph (1).

Civil sanctions

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The Schedule (civil sanctions) has effect for the purpose of the enforcement of an offence under Part 2 of these Regulations.

Powers of entry and examination etc.

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• (1) The powers which an enforcement officer may be authorised to exercise are—

• (a) to enter at any reasonable time any premises (other than premises used wholly or mainly as a dwelling) which the enforcement officer has reason to suspect it is necessary to enter for an authorised purpose;

• (b) when entering any premises under sub-paragraph (a)—

• (i) to be accompanied by—

• (aa) another enforcement officer;

• (bb) any other person assisting the enforcement officer for an authorised purpose;

• (cc) if the authorised person has reasonable cause to expect any serious obstruction in the exercise of that person’s duty, a constable; and

• (ii) to bring any equipment or materials required for the authorised purpose in question;

• (c) on entering any premises under sub-paragraph (a)—

• (i) to make such examination and investigation as may be necessary;

• (ii) to take such measurements and photographs and make such recordings as the enforcement officer considers necessary for the purpose of any such examination or investigation;

• (iii) to require the production of, or where the information is recorded in computerised form, the furnishing of extracts from, any documents which it is necessary for the enforcement officer to see for the purposes of any such examination or investigation and to inspect and take copies of the documents; and

• (iv) to seize and remove any documents found in or on the premises;

• (d) as regards any premises which an enforcement officer has power to enter under sub-paragraph (a), to direct that those premises or any part of them, or anything in them, be left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purpose of examination or investigation under sub-paragraph (c);

• (e) to take any samples, or cause samples to be taken, of any single-use vapes or components of single-use vapes found in or on any premises which an enforcement officer has power to enter under sub-paragraph (a), and to cause any such items to be analysed or tested;

• (f) in the case of any single-use vape found in or on any premises which an enforcement officer has power to enter under sub-paragraph (a), to take possession of it and to retain it for so long as is necessary for all or any of the following purposes—

• (i) to examine it, and subject it to any process or test, or cause it to be examined and subjected to any process or test;

• (ii) to ensure that it is not tampered with before the examination, process or test is completed;

• (iii) to ensure that it is available for use as evidence in any proceedings for an offence under these Regulations;

• (iv) to ensure that it is retained for the purposes of compliance with any direction given by the Secretary of State under regulation 11;

• (g) to require any person to afford the enforcement officer such facilities and assistance with respect to any matters or things within the person’s control or in relation to which that person has responsibilities as are necessary to enable the enforcement officer to exercise any of the powers conferred on the enforcement officer by this regulation;

• (h) as regards any premises which an enforcement officer has power to enter under sub-paragraph (a), to make a purchase of a single-use vape or enter into an agreement to secure the provision of a single-use vape, without first giving notice, or obtaining a warrant.

• (2) Where an enforcement officer proposes to enter any premises and—

• (a) entry has been refused or the enforcement officer apprehends on reasonable grounds that entry is likely to be refused, or

• (b) the enforcement officer apprehends on reasonable grounds that the use of reasonable force may be necessary to effect entry,

any entry onto those premises by virtue of paragraph (1)(a) may only be effected under the authority of a warrant.

• (3) Nothing in paragraph (1)(c)(iii) compels the production by a person of any documents of which that person would on grounds of legal professional privilege be entitled to withhold production on an order for disclosure in an action in the County Court or High Court.

• (4) An enforcement officer seeking to exercise a power under paragraph (1) must produce evidence of identity and authority if requested by a person who is, or appears to be—

• (a) a supplier of single-use vapes;

• (b) an employee of a supplier referred to in sub-paragraph (a);

• (c) the owner or occupier of any premises in which the enforcement officer seeks to exercise the power concerned.

• (5) If a justice of the peace, on sworn information in writing, is satisfied—

• (a) that there are reasonable grounds to enter any premises in exercise of the power in paragraph (1)(a); and

• (b) that any of the conditions in paragraph (2) is met,

the justice of the peace may by warrant authorise an enforcement officer to enter the premises, if need be by reasonable force.

• (6) Where an enforcement officer proposes to exercise the power to seize and remove documents under paragraph (1)(c)(iv) without the consent of the person entitled to grant access to the documents, the power may only be exercised under the authority of a warrant in accordance with paragraph (7).

• (7) If a justice of the peace, on sworn information in writing, is satisfied that there are reasonable grounds for believing that—

• (a) there is material on or accessible from the premises which is likely to be of substantial value (by itself or together with other material) to an investigation under paragraph (1)(c)(i), and

• (b) it is impracticable to communicate with the person entitled to grant access to it, or access is unlikely to be granted unless a warrant is produced,

the justice of the peace may by warrant authorise the seizure and removal of documents, if need be by reasonable force.

• (8) Where an enforcement officer removes a document under the power in paragraph (1)(c)(iv) that contains information in respect of which a claim to confidentiality of communications could be maintained in legal proceedings—

• (a) the information may not be used in evidence for the purpose of proceedings in relation to an offence under these regulations, and

• (b) the document must be returned to the premises from which it was removed, or to the person who had possession or control of it immediately before it was removed, as soon as reasonably practicable (but the person may retain or take copies of any information contained in the document to which no claim of confidentiality could be maintained).

Disposal of single-use vapes

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• (1) The Secretary of State may direct that single-use vapes of a description specified in paragraph (2) are to be treated as waste and disposed of or otherwise treated as the Secretary of State considers necessary.

• (2) The single-use vapes referred to in paragraph (1) are any single-use vapes which have been supplied, offered for supply or held in a person’s possession for supply in contravention of Part 2, and include single-use vapes in respect of which a regulator has imposed civil sanctions under these Regulations in relation to the offence.

• (3) A direction under paragraph (1)—

• (a) may be given to any one or more regulators in connection with any enforcement action taken by a regulator under these Regulations;

• (b) may be applicable in respect of single-use vapes retained by any enforcement officer who is—

• (i) authorised by the regulator concerned, and

• (ii) acting for an authorised purpose;

• (c) must not be executed by the regulator concerned (or by a person acting on the regulator’s behalf) until any right of appeal conferred in relation to the offence concerned under the Schedule to these Regulations is exhausted.

Publication of information about enforcement action

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• (1) Where a regulator imposes civil sanctions under these Regulations in relation to an offence under Part 2, the regulator must from time to time publish—

• (a) the cases in which the civil sanction has been imposed;

• (b) where the civil sanction is a fixed monetary penalty or compliance notice, the cases in which a third party undertaking has been accepted; and

• (c) the cases in which an enforcement undertaking has been entered into.

• (2) In paragraph (1)(a), the reference to cases in which the civil sanction has been imposed does not include cases where the sanction has been imposed but overturned on appeal.

• (3) This regulation does not apply in cases where the regulator considers that publication would be inappropriate.

PART 4 — Supplementary

Guidance

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• (1) Each regulator must publish guidance about its use of civil sanctions under these Regulations in relation to an offence under Part 2.

• (2) In the case of guidance relating to a fixed monetary penalty, compliance notice or stop notice, the guidance must contain the relevant information set out in paragraph (3).

• (3) The relevant information referred to in paragraph (2) is information as to—

• (a) the circumstances in which the penalty or notice is likely to be imposed;

• (b) the circumstances in which it may not be imposed;

• (c) rights to make representations and objections and rights of appeal; and

• (d) in the case of a fixed monetary penalty, the amount of the penalty, how liability for the penalty may be discharged and the effect of discharge.

• (4) The regulator must revise the guidance where appropriate.

• (5) The regulator must consult such persons as it considers appropriate before publishing any guidance or revised guidance under this regulation.

• (6) The regulator must have regard to the guidance or revised guidance in exercising its functions.

Review

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• (1) The Secretary of State must—