Tobacco and Vapes Bill 2024-26

112

Clause 90, page 50, line 29, after “tobacco products” insert “with the exception of cigars as defined in the Tobacco Products (Description of Products) Order 2003”

<p>This amendment would exempt cigars from the product and information requirements of Part 5 of the Bill, in particular relating to retail packaging.</p>

113

Clause 91, page 51, line 20, after “tobacco products” insert “with the exception of cigars as defined in the Tobacco Products (Description of Products) Order 2003”

<p>This amendment would exempt cigars from the product and information requirements of Part 5 of the Bill, in particular relating to the features of products.</p>

NC22

To move the following Clause—<br> <b>“Prohibition on sale of nicotine products to persons born after 1 January 2009</b><br> (1) It is an offence to sell or supply any nicotine product to any person born on or after 1 January 2009.<br> (2) For the purposes of this section, “nicotine product” means—<br> (a) a device which is intended to enable nicotine to be delivered into the human body,<br> (b) an item which is intended to form part of a device within paragraph (a),<br> (c) nicotine, or any substance containing nicotine, which is intended to be delivered into the human body, or<br> (d) an item containing anything within paragraph (c).<br> (3) The Secretary of State may make regulations to—<br> (a) amend the definition of “nicotine product”,<br> (b) provide for exceptions to the prohibition in subsection (1) where necessary for medical or scientific purposes,<br> (c) establish a system for monitoring and reporting on the effectiveness of this section, and<br> (d) impose additional penalties for repeated offences.<br> (4) It is a defence for a person charged with an offence under this section to prove—<br> (a) that they were shown what appeared to be an identity document be longing to the purchaser and that the date of birth shown on that document was before 1 January 2009, or<br> (b) that they otherwise took all reasonable steps to avoid the commission 15 of the offence.<br> (5) In subsection (2) “identity document” means—<br> (a) a passport,<br> (b) a UK driving licence,<br> (c) a driving licence issued by any of the Channel Islands or the Isle of Man,<br> (d) a European Union photocard driving licence, or<br> (e) an identity card issued by the Proof of Age Standards Scheme and bearing its hologram (a PASS card).<br> (6) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.”

<p>This new clause would make it an offence to sell or supply nicotine products to anyone born on or after 1 January 2009.</p>

NC21

To move the following Clause—<br> <b>“Prohibition on manufacture and retail of high-capacity count vaping devices</b><br> (1) The Secretary of State must produce regulations relating to the design, manufacture and sale of vaping devices and products that ensure—<br> (a) Vaping devices must not be designed or manufactured in a way that allows refill containers, modular attachments, or third-party modifications that increase e-liquid capacity beyond the limit of 2ml per tank or pod, which includes, but is not limited to detachable extensions, multi-pod configurations, and external refill reservoirs.<br> (b) Any vaping device must contain a fixed, non-modifiable single-use tank or pod with a maximum capacity of 2ml.<br> (c) Refill e-liquid containers must be limited to a maximum of 10ml per bottle and must not be sold in forms that enable direct integration with a vaping device as an extended tank or automated refill mechanism.<br> (d) No manufacturer or retailer shall promote, sell, or advertise modification kits, refill systems, or accessory attachments designed to contravene the Tobacco and Related Products Regulations 2016 restrictions on vaping device capacity.<br> (2) A person commits an offence if they—<br> (a) Manufacture, import, distribute, or sell a vaping device or accessory that does not comply with the regulatory requirements set out in subsection (1).<br> (b) Advertise, market, or sell components that facilitate increasing a device’s effective e-liquid capacity beyond the legal limit.<br> (3) A person who is guilty of an offence under subsection (2)(a) shall be liable on summary conviction to a fine of £20,000 per violation or a ban on further sales within the UK market.<br> (4) A person who is guilty of an offence under subsection (2)(b) shall be liable on summary conviction to a fine of £10,000 per violation and may be subject to further regulatory action, including product recall or withdrawal from sale.”

<p>This new clause would seek the introduction of regulations and new offences to prohibit the manufacture, design and retail sale of high-capacity count vaping devices.</p>

Gov 48

Clause 1, page 1, line 16, at end insert- "(2A) Before making regulations under subsection (2)(a) the Secretary of State must obtain the consent of the Welsh Ministers if the regulations contain provision which would be within the legislative competence of Senedd Cymru if contained in an Act of the Senedd.

NC16

To move the following Clause—<br> <b>“Online sale of tobacco products</b><br> (1) It is an offence to supply a tobacco product through an internet service, whether by way of sale or not.<br> (2) It is a defence for a person charged with an offence under this section to prove that they took all reasonable steps to avoid the commission of the offence.<br> (3) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.<br> (4) For the purposes of this section—<br> “internet service” means a service that is made available by means of the internet, even if it’s made available using a combination of the internet and an electronic communications service as defined in Section 32(2) of the Communications Act 2003.”

<p>This new clause creates an offence of selling tobacco products online.</p>

NC17

To move the following Clause—<br> <b>“Tobacco products statutory scheme: consultation</b><br> (1) The Secretary of State must consult and report on the desirability of making a scheme with one or more of the following purposes—<br> (a) regulating, for the purposes of improving public health, the prices which may be charged by any producer or importer of tobacco products for the supply of any tobacco products,<br> (b) limiting the profits which may accrue to any producer or importer in connection with the manufacture or supply of tobacco products,<br> (c) providing for any producer or importer of tobacco products to pay to the Secretary of State an amount calculated by reference to sales or estimated sales of those products (whether on the basis of net prices, average selling prices or otherwise) to be used for the purposes of reducing smoking prevalence and improving public health.<br> (2) In this section—<br> “importer” in relation to tobacco products, and “tobacco products” have the meaning as in Part 5 (see section 112),<br> “producer” in relation to tobacco products, is to be construed in accordance with the meaning of “production” in Part 5 (see section 112).”

<p>This new clause would require the Secretary of State for Health and Social Care to consult on proposals for regulating the prices and profits of, and to raise funds from, tobacco manufacturers and importers.</p>

NC18

To move the following Clause—<br> <b>“Consultation on licensing regulations</b><br> (1) Within two months of the passing of this Act, the Secretary of State must publish draft regulations for the licensing of retail sale of tobacco products etc in England.<br> (2) Following the publication of the draft regulation as set out in subsection (1) the Secretary of State must publish a call for evidence seeking views on the efficacy and suitability of the draft regulations and invite the House of Commons Business and Trade Committee to scrutinise the draft regulations.<br> (3) After six months of the passing of this Act, the Secretary of State must lay before both Houses of Parliament a report setting out the Government’s formal response to evidence submitted in response to the call for evidence required by subsection (2) and any recommendations of the House of Commons Business and Trade Committee.<br> (4) The Secretary of State may not make an order under section 168(4) bringing sections 16 to 18 and Schedules 1 and 2 into force until the report specified in subsection (3) has been laid before both Houses of Parliament.”

<p>This new clause would require the Secretary of State to publish draft regulations for the licensing of retail sale of tobacco products etc in England and ensure they receive parliamentary scrutiny.</p>

NC19

To move the following Clause—<br> <b>“Reports on illegal sale of tobacco and vaping products</b><br> (1) The Secretary of State must—<br> (a) prepare an annual report on the scale of the illegal sale and availability of tobacco and vaping products in the United Kingdom; and<br> (b) lay a copy of each report before both Houses of Parliament.<br> (2) Each report must provide details in the United Kingdom of—<br> (a) the estimated amount and value of illegal, counterfeit and contraband cigarettes and other tobacco products available for sale;<br> (b) the estimated amount and value of illegal or non-compliant vapes available for sale;<br> (c) the action taken to tackle the illicit trade of tobacco, tobacco products, vaping devices and vaping products; and<br> (d) an assessment of the impact of the illicit trade of tobacco, vapes and nicotine products on public health and safety.<br> (3) The first report must be laid within the period of 12 months of the passing of this Act.<br> (4) Each subsequent report must be laid annually beginning with the day on which the previous report was laid.”

<p>This new clause would require that the Government produce annual reports on the rate of sale and availability of illegal tobacco and vaping products and their impact on public health and safety.</p>

NC20

To move the following Clause—<br> <b>“Age verification requirement for online sales of vaping devices and products</b><br> (1) A person commits an offence if the person—<br> (a) continues to operate an online vaping product business, and<br> (b) fails to operate an age verification policy in respect of online sales of vaping products and devices.<br> (2) An “age verification policy” is a policy that steps are to be taken to establish and ensure the age of a person attempting to buy a vaping product (the “customer”) is not under 18 years of age.<br> (3) The appropriate national authority may by regulations amend the age specified in subsection (2).<br> (4) The appropriate national authority may publish guidance on matters relating to age verification policies, including, in particular, guidance about—<br> (a) steps that should be taken to establish a customer’s age,<br> (b) documents that may be used as evidence of a customer’s age,<br> (c) training that should be undertaken by the person selling vaping products,<br> (d) the form and content of notices that should be displayed on websites; and<br> (e) the form and content of records that should be maintained in relation to an age verification policy.<br> (5) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.<br> (6) Regulations under subsection (3) are subject to the affirmative resolution procedure.<br> (7) In this section—<br> “the appropriate national authority” means—<br> (a) in relation to England, the Secretary of State, and<br> (b) in relation to Wales, the Welsh Ministers,<br> “online vaping product business” means a business involving the sale of vaping products by retail online.”

<p>This new clause introduces a requirement on online vaping product businesses to operate an age verification policy covering steps to be taken to establish the age of persons attempting to buy vaping products online. It reflects provisions in place in Scotland.</p>

103

Page 1, line 4, leave out Clause 1

<p>This amendment removes the generational ban on selling tobacco products to people born on or after 1 January 2009.</p>

104

Page 2, line 10, leave out Clause 2

<p>This amendment is linked to Amendment 103.</p>

105

Page 3, line 3, leave out Clause 5

<p>This amendment is linked to Amendment 103.</p>

106

Page 3, line 25, leave out Clause 6

<p>This amendment is linked to Amendment 103.</p>

107

Page 25, line 26, leave out Clause 50

<p>This amendment is linked to Amendment 103.</p>

108

Page 35, line 24, leave out Clause 68

<p>This amendment is linked to Amendment 103.</p>

109

Page 36, line 13, leave out Clause 69

<p>This amendment is linked to Amendment 103.</p>

110

Page 37, line 19, leave out Clause 72

<p>This amendment is linked to Amendment 103.</p>

90

Clause 114, page 63, line 16, after “product,” insert “except for the public health purpose of promoting vaping as a cessation tool for existing tobacco smokers,”

<p>This amendment would allow vapes to be promoted as a quit-aid/public health measure.</p>

91

Clause 125, page 73, line 2, at end insert—<br> “(4) No offence is committed under this Part if—<br> (a) it is for the purposes of an interaction between a representative for the product and a member of the public, and<br> (b) the representative for the product has taken reasonable measures to ensure that the member of the public is aged over 18 and is an existing tobacco or nicotine user.”

<p>This amendment will allow for vapes and nicotine products to be promoted through one-to-one interaction between individuals representing the product and adults who are already existing smokers or nicotine users.</p>

92

Clause 136, page 77, line 12, at end insert—<br> “(1A) The Secretary of State may designate a place or description of place under this section only if, in the Secretary of State’s opinion, there is a significant risk that, without a designation, persons present there would be exposed to significant quantities of smoke.”

<p>This amendment provides that regulations to designate places as smoke-free may only be made if the Secretary of State is satisfied that they are necessary to avoid persons being exposed to significant quantities of smoke.</p>

93

Clause 139, page 79, line 13, at end insert—<br> “(1A) The Secretary of State may designate a place or description of place under this section only if, in the Secretary of State’s opinion, there is a significant risk that, without a designation, the use of vapes may have adverse effects on the health of persons present there who are not using vapes.”

<p>This amendment provides that regulations to designate places as vape-free may only be made if the Secretary of State is satisfied that they are necessary to avoid persons present there being exposed to adverse health effects.</p>

94

Clause 140, page 82, line 24, at end insert—<br> “(1A) The Secretary of State may designate a place or description of place under this section only if, in the Secretary of State’s opinion, there is a significant risk that, without a designation, the use of heated tobacco devices may have adverse effects on the health of persons present there who are not using heated tobacco devices.”

<p>This amendment provides that regulations to designate places as heated tobacco-free may only be made if the Secretary of State is satisfied that they are necessary to avoid persons present there being exposed to adverse health effects.</p>

95

Clause 142, page 85, line 33, at end insert—<br> “(2A) Premises may be prescribed as no-smoking premises only if in the Scottish Ministers’ opinion there is a significant risk that, without prescribing them, persons present there would be exposed to significant quantities of smoke.”

<p>This amendment provides that regulations to prescribe premises as smoke-free may only be made if the Scottish Ministers are satisfied that they are necessary to avoid persons being exposed to significant quantities of smoke.</p>

96

Clause 144, page 90, line 4, at end insert—<br> “(2A) Premises may be prescribed as vape-free premises only if in the Scottish Ministers’ opinion there is a significant risk that, without prescribing them, the use of vapes may have adverse effects on the health of persons present there who are not using vapes.”

<p>This amendment provides that regulations to prescribe premises as vape-free may only be made if the Scottish Ministers are satisfied that they are necessary to avoid persons present there being exposed to a significant risk of adverse health effects.</p>

97

Clause 145, page 92, line 22, at end insert—<br> “(2A) Premises may be prescribed as heated tobacco-free premises only if in the Scottish Ministers’ opinion there is a significant risk that, without prescribing them, the use of heated tobacco devices may have adverse effects on the health of persons present there who are not using heated tobacco devices.”

<p>This amendment provides that regulations to prescribe premises as heated tobacco-free may only be made if the Scottish Ministers are satisfied that they are necessary to avoid persons present there being exposed to a significant risk of adverse health effects.</p>

98

Clause 150, page 98, line 40, at end insert—<br> “(2A) The regulations may designate a place or vehicle as vape-free only if the Welsh Ministers are satisfied that doing so is likely to contribute towards the promotion of public health.”

<p>This amendment provides that regulations to designate a place or vehicle as vape-free may only be made if the Welsh Ministers are satisfied that this is likely to contribute towards the promotion of public health.</p>

99

Clause 151, page 105, line 22, at end insert—<br> “(2A) The regulations may designate a place or vehicle as heated tobacco-free only if the Welsh Ministers are satisfied that doing so is likely to contribute towards the promotion of public health.”

<p>This amendment provides that regulations to designate a place or vehicle as heated tobacco-free may only be made if the Welsh Ministers are satisfied that this is likely to contribute towards the promotion of the health of the people of Wales.</p>

100

Clause 153, page 108, line 25, at end insert—<br> “(1A) The Department may designate a place or description of place under this Article only if satisfied that, without the designation, persons present there would be likely to be exposed to significant quantities of smoke.”

<p>This amendment provides that regulations to designate places as smoke-free may only be made if the Northern Ireland Department is satisfied that they are necessary to avoid persons being exposed to significant quantities of smoke.</p>

101

Clause 155, page 110, line 6, at end insert—<br> “(1A) The Department may designate a place or vehicle under this Article only if the Department is satisfied there is a significant risk that, without a designation, the use of vapes may have adverse effects on the health of persons present there who are not using vapes.”

<p>This amendment provides that regulations to designate places as vape-free may only be made if the Northern Ireland Department is satisfied that they are necessary to avoid persons present there being exposed to adverse health effects.</p>

102

Clause 156, page 113, line 15, at end insert—<br> “(1A) The Department may designate a place or vehicle under this Article only if the Department is satisfied there is a significant risk that, without a designation, the use of heated tobacco devices may have adverse effects on the health of persons present there who are not using heated tobacco devices.”

<p>This amendment provides that regulations to designate places as heated tobacco-free may only be made if the Northern Ireland Department is satisfied that they are necessary to avoid persons present there being exposed to adverse health effects.</p>

89

Clause 168, page 120, line 39, leave out from “force” to end of line 41 and insert “on such a date as the Secretary of State may by regulation appoint following the consultation on licensing regulations (see section (<i>Consultation on licensing regulations</i>)).”

<p>See explanatory statement for NC18.</p>

111

Schedule 5, page 133, line 15, leave out paragraph 5

<p>This amendment is linked to Amendment 103.</p>

NC14

To move the following Clause—<br> <b>“Prohibition on supply of cigarette filters</b><br> (1) The Secretary of State must make regulations having the effect of prohibiting the supply of cigarette filters or cigarettes containing cigarette filters, whether by way of sale or not, in the course of a business.<br> (2) Subsections (6), (8), (9), (10), (10A), (10B), (10C) and (10D) of section 140 of the Environmental Protection Act 1990 apply to regulations under this section as they apply to regulations under those sections.<br> (3) The notice required under section 140(6)(b) of the Environmental Protection Act 1990 as applied by subsection (2) in relation to the regulations mentioned in subsection (1) must be published no later than the end of the period of 12 months beginning with the day on which this Act is passed.<br> (4) In this section, “cigarette filter” means a filter which is intended for use in a cigarette, whether as part of a ready-made cigarette or to be used with hand rolling tobacco or other substances to be smoked in a cigarette.<br> (5) Regulations under this section are subject to the affirmative resolution procedure.”

<p>This new clause requires the Secretary of State to make regulations which would prohibit the supply of cigarette filters or cigarettes containing cigarette filters.</p>

NC15

To move the following Clause—<br> <b>“Advertising exemptions for specialist vaping retailers</b><br> (1) A person does not commit an offence under any of the sections 114 to 118 in relation to an advertisement whose purpose or effect is to promote a vaping product if the advertisement—<br> (a) Is in a specialist vaping shop<br> (b) Is not visible from outside the specialist vaping shop<br> (c) Complies with the requirements (if any) specified by the appropriate national authority in regulations as to the inclusion of health warnings and information.<br> (2) Regulations under subsection (1) are subject to the negative resolution procedure.<br> (3) In this section—<br> “appropriate national authority” —<br> (a) In relation to specialist vaping shops in England, means the Secretary of State,<br> (b) In relation to specialist vaping shops in Wales, means Welsh Ministers,<br> (c) In relation to specialist vaping shops in Scotland, means Scottish Ministers, and<br> (d) In relation to specialist vaping shops in Northern Ireland, means the Department of Health for Northern Ireland;<br> “shop” includes a self-contained part of a shop (and, in relation to a self-contained part of a shop,<br> “premises” means that self-contained part);<br> “specialist vaping shop” means a shop selling vaping products by retail (whether or not it sells other things) more than 90% of whose sales on the premises in quest derive from the sale of vaping products and vaping accessories.<br> (4) For the purposes of determining whether a shop is a specialist vaping shop the sales are to be measured by the sale price—<br> (a) During the most recent period of 12 months for which accounts are available, or<br> (b) During the period for which the shop has been established, if it has not been established long enough for 12 months’ accounts to be available.”

<p>This new clause would enable specialist vaping retailers to operate and provide free advice and consultations to smokers who are trying to find the right product for them to quit.</p>

86

Clause 90, page 50, line 32, at end insert—<br> “(da) cigarette filters;”

<p>This amendment enables the Secretary of State to make provisions about the retail packaging of cigarette filters and the composition of individual products contained in an individual pack of products outlined in Clause 90(1).</p>

87

Clause 90, page 51, line 13, at end insert—<br> “(ja) the composition of individual products contained in an individual pack;”

<p>This amendment enables the Secretary of State to make provisions about the retail packaging of cigarette filters and the composition of individual products contained in an individual pack of products outlined in Clause 90(1).</p>

88

Clause 110, page 60, line 35, leave out from “consult” to end of line 36 and insert “any persons or bodies as appear to him or her representative of the interests concerned.”

<p>This amendment would ensure that the Secretary of State has to consult all relevant parties before making regulations, rather than just those that they deem appropriate.</p>

85

Clause 136, page 77, line 8, leave out from “smoke-free” to end of line 15 and insert “a place in England that is—<br> (a) an NHS property or hospital building,<br> (b) a children’s playground, or<br> (c) a nursery, school, college or higher education premises.”

<p>This amendment restricts the Secretary of State to only being able to designate open or unenclosed spaces outside a hospital, children’s playground, nursery, school, college or higher education premises as smoke-free areas.</p>

84

Clause 136, page 77, line 9, leave out from “place” to the end of line 12 and insert “or description of place in England that is not smoke-free under section 2.<br> (1A) The place, or places falling within the description, need not be enclosed or substantially enclosed.<br> (1B) The Secretary of State may designate a place or description of place under this section only if they are advised by the Department for Health and Social Care's Chief Scientific Adviser that there is a significant risk that, without a designation, persons present there would be exposed to significant quantities of smoke or, if said place is—<br> (a) an NHS property or hospital building,<br> (b) a children’s playground, or<br> (c) a nursery, school, college or higher education premises.”

<p>This amendment would restrict the Secretary of State to only being able to designate open or unenclosed spaces outside a hospital, children’s playground, nursery, school, college or higher education premises, or places with significant risk of second-hand smoke as smoke-free areas.</p>

NC11

To move the following Clause—<br> <b>“Age verification in relation to tobacco and vaping products etc</b><br> (1) The Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) is amended as follows.<br> (2) In section 4 (age restrictions on sale of tobacco products etc)—<br> (a) in subsection (2), for paragraph (b) substitute—<br> “(b) the accused had taken such steps as may be prescribed to establish the customer’s age.”;<br> (b) omit subsections (3) and (4).<br> (3) In section 4A (age restrictions on sale of vaping products etc)—<br> (a) in subsection (2), for paragraph (b) substitute—<br> “(b) the accused had taken such steps as may be prescribed to establish the customer’s age.”;<br> (b) omit subsections (3) and (4).<br> (4) In section 4B (age verification policy), in subsection (5) omit paragraph (b).”

<p>Someone accused of selling things contrary to the age of sale restrictions in Scotland has a defence if they checked the customer’s age on certain documents. The clause allows other steps to be specified to establish a person’s age. The purpose is to accommodate digital methods of verification.</p>

NC12

To move the following Clause—<br> <b>“Review of provisions</b><br> (1) The Secretary of State must, in consultation with the appropriate ministers in Wales, Scotland and Northern Ireland—<br> (a) carry out a review of the provisions for relevant products in—<br> (i) sections 1 to 6 (sale of tobacco etc);<br> (ii) sections 50 to 55 (Part 2 Sale and Distribution: Scotland: sale of tobacco etc);<br> (iii) sections 68 to 72 (Part 2 Sale and Distribution Northern Ireland sale of tobacco etc);<br> (iv) sections 90 to 93 (Product requirements etc);<br> (v) section 94 (Non-compliant images);<br> (vi) sections 101 and 102 (Matters dealt with by 2016 Regulations);<br> (vii) Part 6 (Advertising and Sponsorship);<br> (b) prepare and publish a report setting out the conclusions of the review;<br> (c) lay the report before Parliament.<br> (2) The review in subsection (1) must—<br> (a) set out the objectives intended to be achieved by the provisions as set out under subsection (1)(a),<br> (b) assess the extent to which those objectives have been achieved, and<br> (c) make a recommendation on whether the provisions as set out under subsection (1)(a) remain appropriate and necessary.<br> (3) The first review under this section must be published and laid before Parliament before the end of the period of five years beginning with the day on which the Tobacco and Vapes Act 2025 is passed.<br> (4) If the review recommends under subsection (2)(c) that one or more of the provisions set out under subsection (1)(a) are no longer appropriate or necessary, the Secretary of State must make arrangements for the motion mentioned in subsection (5) to be tabled in both Houses of Parliament within a period of 28 sitting days beginning immediately after the review is laid before Parliament under subsection (3).<br> (5) The form of the motion in subsection (4) is—<br> “That the provisions of sections 1 to 6, 50 to 55, 68 to 72, 90 to 94, 101 and 102 and Part 6 (Advertising and Sponsorship) of the Tobacco and Vapes Act 2025 should expire.”<br> (6) If both Houses of Parliament approve the motion in the form set out in subsection (5) (or in such form as may be subsequently amended by the House to specify one or more of the provisions of sections 1 to 6, 50 to 55, 68 to 72, 90 to 94, 101 and 102 and Part 6), moved by the Secretary of State in accordance with subsection (4), the provisions specified in the motion shall expire at the end of the period of 21 days beginning with the day on which the second House approves the motion.<br> (7) Subsequent reports must be published at intervals not exceeding five years.<br> (8) In this subsection, “Relevant products” refers to—<br> (a) tobacco products;<br> (b) nicotine products.”

<p>This new clause requires a review of the necessity of provisions relating to the sale restrictions for tobacco products and nicotine products. Published every 5 years, the review could recommend that certain provisions are no longer required, and Parliament would have an opportunity to expire them.</p>

NC13

To move the following Clause—<br> <b>“Reports on roadmap to a smoke-free United Kingdom</b><br> (1) The Secretary of State must, on or before the relevant day and at least once every five years after that day, prepare and lay before Parliament a report setting out—<br> (a) how the Secretary of State expects the smoke-free target will be achieved;<br> (b) the steps proposed to achieve that target (which may include the setting of interim targets);<br> (c) an analysis of statistical data relating to the achievement of the smoke-free target.<br> (2) The reports must set out targets and proposed steps relating to geographical areas or categories of people in respect of which there are higher than average rates of smoking.<br> (3) The Secretary of State must consult the appropriate national authorities when preparing the reports.<br> (4) In this section—<br> (a) “appropriate national authority” means—<br> (i) Welsh Ministers,<br> (ii) Scottish Ministers, and<br> (iii) Executive Ministers in Northern Ireland.<br> (b) “relevant day” means the last day before 25 December 2026 which is a sitting day for both Houses of Parliament;<br> (c) “the smoke-free target” means the end of the smoking of tobacco products in the United Kingdom.”

<p>This new clause requires the Secretary of State to prepare and lay before Parliament five-yearly reports containing a roadmap to a smoke-free country including targets and specific interventions for populations with high prevalence rates.</p>

47

Clause 1, page 1, line 12, leave out paragraph (a) and insert—<br> “(a) that they took such steps as may be specified in regulations made by the Secretary of State to verify that the customer was born before 1 January 2009, or”

<p>This amendment allows regulations to specify steps that a seller may take to benefit from the defence in clause 1(2) of the Bill. The Bill currently focusses on paper documents. The purpose of the new power is to accommodate digital methods of verification as well as methods involving paper documents.</p>

48

Clause 1, page 1, line 16, at end insert—<br> “(2A) Before making regulations under subsection (2)(a) the Secretary of State must obtain the consent of the Welsh Ministers if the regulations contain provision which would be within the legislative competence of Senedd Cymru if contained in an Act of the Senedd.<br> (2B) Regulations under subsection (2)(a) are subject to the negative resolution procedure.”

<p>This is consequential to Amendment 47.</p>

49

Clause 1, page 1, line 17, leave out subsection (3)

<p>This is consequential to Amendment 47.</p>

50

Clause 3, page 2, line 29, leave out from “means” to end of line 30 and insert “a machine from which any of the following products may be bought or from which they are dispensed to a customer in connection with a sale—”

<p>This is one of a number of amendments extending prohibitions on vending machines to cover machines from which products are dispensed in connection with a sale (for example if payment for cigarettes is made at a self-service till and the customer gets a code which is input into a machine which dispenses the cigarettes).</p>

51

Clause 10, page 5, line 19, leave out paragraph (a) and insert—<br> “(a) that they took such steps as may be specified in regulations made by the Secretary of State to verify that the customer was at least 18 years old, or”

<p>This amendment allows regulations to specify steps that a seller may take to benefit from the defence in clause 10(2) of the Bill. The Bill currently focusses on paper documents. The purpose of the new power is to accommodate digital methods of verification as well as methods involving paper documents.</p>

52

Clause 10, page 5, line 23, at end insert—<br> “(2A) Before making regulations under subsection (2)(a) the Secretary of State must obtain the consent of the Welsh Ministers if the regulations contain provision which would be within the legislative competence of Senedd Cymru if contained in an Act of the Senedd.<br> (2B) Regulations under subsection (2)(a) are subject to the negative resolution procedure.”

<p>This is consequential to Amendment 51.</p>

53

Clause 10, page 5, line 24, leave out subsection (3)

<p>This is consequential to Amendment 51.</p>

54

Clause 12, page 6, line 13, leave out from “means” to end of line 14 and insert “a machine—<br> (a) from which nicotine products may be bought, or<br> (b) from which they are dispensed to a customer in connection with a sale.”

<p>See the explanatory statement to Amendment 50.</p>

55

Clause 12, page 6, line 15, leave out from “means” to end of line 16 and insert “a machine—<br> (a) from which vaping products may be bought, or<br> (b) from which they are dispensed to a customer in connection with a sale.”

<p>See the explanatory statement to Amendment 50.</p>

56

Clause 13, page 6, line 29, at end insert—<br> “(aa) tobacco related devices,”

<p>Clause 13 confers a regulation-making power to impose prohibitions, requirements or limitations in relation to the display of products and prices in England. The amendment extends the power to cover tobacco related devices (which would include things like heated tobacco devices and pipes and bongs that enable tobacco to be consumed).</p>

57

Clause 14, page 7, line 22, at end insert—<br> “(aa) tobacco related devices,”

<p>Clause 14 confers a regulation-making power to impose prohibitions, requirements or limitations in relation to the display of products and prices in Wales. The amendment extends the power to cover tobacco related devices (which would include things like heated tobacco devices and pipes and bongs that enable tobacco to be consumed).</p>

58

Clause 23, page 13, line 24, leave out paragraph (b)

<p>This removes the express provision that prohibitions imposed by a restricted premises order apply to sales by means of a machine or other means. The natural meaning of “sales” includes sales by any means. Express provision here might make readers mistakenly think it is intended to have a narrower meaning elsewhere.</p>

59

Clause 28, page 15, line 29, leave out paragraphs (c) and (d)

<p>This removes certain consequences of a restricted sale order in relation to vending machines. Vending machines for tobacco, vapes and nicotine products are in any event banned by clauses 3 and 12.</p>

60

Clause 45, page 23, line 4, leave out from second “to” to end of line 7 and insert “a tobacco related device.”

<p>This amendment changes the wording to reflect the new definition inserted by Amendment 62, but does not change the effect of clause 45.</p>

61

Page 23, line 16, leave out Clause 46

<p>This leaves out the power to amend lists of identity documents in clauses 1 and 10 since the lists are being removed (and replaced with enabling powers to accommodate digital methods of verification as well as methods involving paper documents).</p>

62

Clause 48, page 24, line 21, at end insert—<br> ““tobacco related device” means—<br> (a) a device, other than a vape, which enables a tobacco product to be consumed (for example, a heated tobacco device or pipe), or<br> (b) an item which is intended to form part of such a device;”

<p>This is consequential to Amendments 56 and 57.</p>

63

Clause 48, page 24, line 24, leave out from beginning to end of line 29

<p>This is consequential to Amendments 47 and 51.</p>

64

Clause 59, page 30, line 39, leave out from “means” to end of line 41 and insert “a machine from which any of the following products may be bought or from which they are dispensed to a customer in connection with a sale—”

<p>See the explanatory statement to Amendment 50.</p>

65

Clause 68, page 35, leave out lines 35 to 37 and insert—<br> “(a) that they took such steps as may be specified in regulations made by the Department to verify that the customer was born before 1 January 2009, or”

<p>This amendment allows regulations to specify steps that a seller may take to benefit from the defence in new Article 3(2). The provision currently focusses on paper documents. The purpose of the new power is to accommodate digital methods of verification as well as methods involving paper documents.</p>

66

Clause 68, page 36, line 2, at end insert—<br> “(2A) Regulations under paragraph (2)(a) are subject to negative resolution.”

<p>This is consequential to Amendment 65.</p>

67

Clause 68, page 36, leave out lines 3 to 10

<p>This is consequential to Amendment 65.</p>

68

Clause 70, page 37, line 3, leave out from “means” to end of line 4 and insert “a machine from which any of the following products may be bought or from which they are dispensed to a customer in connection with a sale—”

<p>See the explanatory statement to Amendment 50.</p>

69

Clause 76, page 39, leave out lines 32 to 34 and insert—<br> “(a) that they took such steps as may be specified in regulations made by the Department to verify that the customer was at least 18 years old, or”

<p>This amendment allows regulations to specify steps that a seller may take to benefit from the defence in new Article 4H(2). The provision currently focusses on paper documents. The purpose of the new power is to accommodate digital methods of verification as well as methods involving paper documents.</p>

70

Clause 76, page 39, line 36, at end insert—<br> “(2A) Regulations under paragraph (2)(a) are subject to negative resolution.”

<p>This is consequential to Amendment 69.</p>

71

Clause 76, page 39, line 37, leave out from beginning to end of line 7 on page 40

<p>This is consequential to Amendment 69.</p>

72

Clause 78, page 41, line 1, leave out from “means” to end of line 2 and insert “a machine—<br> (a) from which nicotine products may be bought, or<br> (b) from which they are dispensed to a customer in connection with a sale;”

<p>See the explanatory statement to Amendment 50.</p>

73

Clause 78, page 41, line 3, leave out from “means” to end of line 4 and insert “a machine—<br> (a) from which vaping products may be bought, or<br> (b) from which they are dispensed to a customer in connection with a sale.”

<p>See the explanatory statement to Amendment 50.</p>

74

Clause 79, page 41, line 21, at end insert—<br> “(aa) tobacco related devices,”

<p>Clause 79 confers a regulation-making power to impose prohibitions, requirements or limitations in relation to the display of products and prices in Northern Ireland. The amendment extends the power to cover tobacco related devices (which would include things like heated tobacco devices and pipes and bongs that enable tobacco to be consumed).</p>

75

Page 43, line 24, leave out Clause 82

<p>This leaves out the power to amend lists of identity documents in Articles 3 and 4H since the lists are being removed (and replaced with enabling powers to accommodate digital methods of verification as well as methods involving paper documents).</p>

76

Clause 83, page 44, line 26, at end insert—<br> ““tobacco related device” means—<br> (a) a device, other than a vape, which enables a tobacco product to be consumed (for example, a heated tobacco device or pipe), or<br> (b) an item which is intended to form part of such a device;”

<p>This is consequential to Amendment 74.</p>

77

Clause 83, page 44, line 29, leave out from beginning to end of line 33

<p>This is consequential to Amendments 65 and 69.</p>

78

Clause 86, page 48, line 19, leave out from “to” to end of line 23 and insert “a tobacco related device”

<p>This amendment changes the wording to reflect the new definition inserted by Amendment 76, but does not change the effect of clause 86.</p>

79

Clause 88, page 49, line 19, leave out subsection (2)

<p>This is consequential to Amendment 75.</p>

80

Clause 112, page 62, line 12, after “consumed” insert “(for example, a heated tobacco device or pipe)”

<p>This amendment brings the wording of the definition of “tobacco related device” in clause 112 into line with that inserted by Amendments 62 and 76 but does not change the legal effect.</p>

82

Clause 137, page 78, leave out lines 5 to 12

<p>This amendment removes the proposed power for the Secretary of State to create defences for performances. This protects the health of actors in the workplace and prevents the promotion of smoking through artistic means.</p>

83

Clause 137, page 78, leave out lines 15 to 21

<p>This amendment removes the proposed power for the Secretary of State to create defences for performances. This protects the health of actors in the workplace and prevents the promotion of smoking through artistic means.</p>

81

Clause 168, page 121, line 10, leave out subsection (7) and insert—<br> “(7) The following provisions come into force (so far as not in force by virtue of subsection (2)) on such day as the Scottish Ministers may by regulations appoint—<br> (a) section (<i>Age verification in relation to tobacco and vaping products etc</i>) (age verification in relation to tobacco and vaping products etc);<br> (b) section 65 and Schedule 9 (extension of retailer register etc in Scotland).”

<p>This amendment produces the effect that NC11 will come into force on such day as the Scottish Ministers may by regulations appoint.</p>

46

Clause 120, page 68, line 22, at end insert—<br> “(ca) it is, when in relation to the advertising of vaping products or nicotine products, in a location in which it would be reasonable to expect that everyone present is aged 18 or over.”

<p>This amendment would allow for the advertising of vaping or nicotine products within locations where it is reasonable to expect that everyone present is over 18.</p>

NC9

To move the following Clause—<br> <b>“Marketing of products to existing smokers</b><br> (1) The Secretary of State, or a person authorised by the Secretary of State, may make provision about the nature and inclusion of health warnings or disclaimers relating to a relevant product to ensure that the product is marketed exclusively to existing smokers as an alternative to smoking.<br> (2) In this section, “relevant product” refers to—<br> (a) a vape, or<br> (b) a nicotine product.<br> (3) Compliance with this section is considered a defence to a charge in relation to an offence under Part 6.”

<p>This new clause will allow the Secretary of State to place an additional disclaimer or warning on products.</p>

NC10

To move the following Clause—<br> <b>“Displays of products or prices in England</b><br> (1) The Secretary of State may by regulations impose limitations or requirements on retailers in relation to the display, in the course of business, of—<br> (a) relevant products in a place in England where the products are offered for sale,<br> (b) empty retail packaging of relevant products in a place in England where the products are offered for sale,<br> (c) prices of relevant products in a place in England where the products are offered for sale, or<br> (d) advertisements for relevant products.<br> (2) In subsection (1), reference to a product includes anything that represents the product.<br> (3) Regulations under this section—<br> (a) must make provision—<br> (i) for ensuring that an adult is able to be informed that a premises sells a related product,<br> (ii) for ensuring that a consenting adult is able to view the related products and information relating to them,<br> (iii) relating to the appropriateness of a display to ensure that it does not appeal to children, and<br> (iv) relating to the location of a display in a place in England where the products are offered for sale;<br> (b) may create offences for a failure to comply with the regulations;<br> (c) must provide for any offence to be punishable–<br> (i) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;<br> (ii) on conviction or indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both;<br> (d) are subject to public consultation;<br> (e) are subject to the affirmative resolution procedure.<br> (4) Compliance with regulations made under subsection (3) is considered a defence to a charge in relation to an offence under Part 6.<br> (5) For the purposes of this section—<br> “consenting adult” means an adult who has entered any licensed premises that sells nicotine, vapes, and tobacco products;<br> “relevant products” mean—<br> (a) tobacco products,<br> (b) vaping products, or<br> (c) nicotine products.”

<p>This new clause will allow for the Secretary of State to restrict how vapes and nicotine products are advertised in store windows and in store, while ensuring that adult smokers are still able to determine that a premises sells a product.</p>

38

Clause 1, page 1, line 7, leave out “a tobacco product” and insert “cigarettes or hand rolling tobacco within the meaning of the Standardised Packaging of Tobacco Products Regulations 2015 (S.I. 2015/829)”

<p>This amendment exempts tobacco products other than cigarettes and hand rolling tobacco from the offence of selling tobacco products to a person born on or after 1 January 2009.</p>

39

Clause 2, page 2, line 13, leave out “a tobacco product” and insert “cigarettes or hand rolling tobacco within the meaning of the Standardised Packaging of Tobacco Products Regulations 2015 (S.I. 2015/829)”

<p>This amendment is linked to Amendment 38.</p>

40

Clause 50, page 25, line 30, after “subsection (1)” insert—<br> “(i) for “a tobacco product” substitute “cigarettes or hand rolling tobacco within the meaning of the Standardised Packaging of Tobacco Products Regulations 2015 (S.I. 2015/829)”, and

<p>This amendment exempts tobacco products other than cigarettes and hand rolling tobacco from the offence of selling tobacco products to a person born on or after 1 January 2009.</p>

41

Clause 50, page 26, line 6, leave out “a tobacco product” and insert “cigarettes or hand rolling tobacco within the meaning of the Standardised Packaging of Tobacco Products Regulations 2015 (S.I. 2015/829)”

<p>This amendment is linked to Amendment 40.</p>

42

Clause 50, page 26, line 28, after “subsection (1)” insert—<br> “(i) for “a tobacco product” substitute “cigarettes or hand rolling tobacco within the meaning of the Standardised Packaging of Tobacco Products Regulations 2015 (S.I. 2015/829)”, and

<p>This amendment is linked to Amendment 40.</p>

43

Clause 68, page 35, line 30, leave out “a tobacco product” and insert “cigarettes or hand rolling tobacco within the meaning of the Standardised Packaging of Tobacco Products Regulations 2015 (S.I. 2015/829)”

<p>This amendment exempts tobacco products other than cigarettes and hand rolling tobacco from the offence of selling tobacco products to a person born on or after 1 January 2009.</p>

44

Clause 69, page 36, line 21, leave out “a tobacco product” and insert “cigarettes or hand rolling tobacco within the meaning of the Standardised Packaging of Tobacco Products Regulations 2015 (S.I. 2015/829)”

<p>This amendment is linked to Amendment 43.</p>

45

Schedule 5, page 133, line 37, at end insert—<br> “(1A) In this section, “tobacco products” means cigarettes or hand rolling tobacco within the meaning of the Standardised Packaging of Tobacco Products Regulations 2015 (S.I. 2015/829).”

<p>This amendment is linked to Amendment 38.</p>

NC8

To move the following Clause—<br> <b>“Prohibition of advertising of vaping, nicotine and heated tobacco products</b><br> (1) The Secretary of State must within six months of this Act being passed make provisions by regulations for the prohibition of advertising of—<br> (a) a vaping product; or<br> (b) a nicotine product; or<br> (c) a heated tobacco product.<br> (2) Before making regulations under this section the Secretary of State must consult any persons the Secretary of State considers it appropriate to consult.<br> (3) Regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”

<p>This new clause commits the government to consult on proposals for prohibiting the advertising of vaping, nicotine or heated tobacco products.</p>

NC6

To move the following Clause—<br> <b>“Requirement for retailers of vapes in England to include age-verification technology</b><br> (1) The Secretary of State may make regulations making it an offence for a tobacco retailer who sells vapes on premises in England to sell vapes that do not contain approved age-gating technology.<br> (2) The Secretary of State may by regulations specify the requirements with which any age-gating technology must comply, which must include (but need not be limited to)—<br> (a) the information, including biometric information, that a user must provide to the age-gating technology in order to be able to use the vape;<br> (b) the steps that the age-gating technology must require the user to take in order to verify their identity and that they are aged 18 or over before first activating the vape for use;<br> (c) the steps which the age-gating technology must require the user to take in order to verify their identity following activation of the vape, and the frequency with, and circumstances in, which the age-gating technology must require these steps to be taken;<br> (d) the requirements with which the age-gating technology must comply in order to ensure the security of the information, including personal data, provided to it by users;<br> (e) the technical specifications which the age-gating technology must meet in order to ensure that it is compatible with vapes made by different manufacturers.<br> (3) The Secretary of State may by regulations under this section make further provision about requirements with which tobacco retailers must comply.<br> (4) In this section, “age-gating technology” means technology designed to prevent the use of vaping products by persons aged under 18.<br> (5) Before making regulations under this section the Secretary of State must consult any persons the Secretary of State considers it appropriate to consult.<br> (6) Regulations under this section are subject to the affirmative resolution procedure.”

<p>This new clause would introduce a requirement for retailers of vapes in England to include age-verification technology.</p>

NC7

To move the following Clause—<br> <b>“Requirement for retailers of vapes in Wales to include age-verification technology</b><br> (1) The Welsh Ministers may make regulations making it an offence for a tobacco retailer who sells vapes on premises in Wales to sell vapes that do not contain approved age-gating technology.<br> (2) The Welsh Ministers may by regulations specify the requirements, with which any age-gating technology must comply, which must include (but need not be limited to)—<br> (a) the information, including biometric information, that a user must provide to the age-gating technology in order to be able to use the vape;<br> (b) the steps that the age-gating technology must require the user to take in order to verify their identity and that they are aged 18 or over before first activating the vape for use;<br> (c) the steps which the age-gating technology must require the user to take in order to verify their identity following activation of the vape, and the frequency with, and circumstances in, which the age-gating technology must require these steps to be taken;<br> (d) the requirements with which the age-gating technology must comply in order to ensure the security of the information, including personal data, provided to it by users;<br> (e) the technical specifications which the age-gating technology must meet in order to ensure that it is compatible with vapes made by different manufacturers.<br> (3) The Welsh Ministers may by regulations under subsection (2) make further provision about requirements with which tobacco retailers must comply.<br> (4) In this section, “age-gating technology” means technology designed to prevent the use of vaping products by persons aged under 18.<br> (5) Before making regulations under this section the Welsh Ministers must consult any persons that the Welsh Ministers consider it appropriate to consult.<br> (6) Regulations under this section are subject to the affirmative resolution procedure.”

<p>This new clause would introduce a requirement for retailers of vapes in Wales to include age-verification technology.</p>

36

Clause 91, page 51, line 30, delete “shape” and insert “design, shape or interoperability”

<p>This amendment empowers ministers to regulate the design and interoperability of products in order to prohibit the sale of very high-puff count vaping devices.</p>

37

Clause 92, page 52, line 3, after “flavour” insert “descriptors”

<p>This amendment would give the Secretary of State powers to make provisions about the flavour descriptors of relevant products.</p>

NC5

To move the following Clause—<br> <b>“Report on sale of vaping products to facilitate child sexual exploitation</b><br> (1) Within six months of the passing of this Act, the Secretary of State must produce a report on—<br> (a) the potential prevalence of retailers with a personal or premises licence selling vaping products which facilitate child sexual exploitation; and<br> (b) whether licensing authorities have adequate powers to investigate retailers which may be connected to the sale of vaping products to facilitate child sexual exploitation.<br> (2) A copy of this report must be laid before both Houses of Parliament.<br> (3) In this section—<br> “vaping” has the same meaning as in Part 1 (see section 48),<br> “licensing authority” has the same meaning as in Part 1 (see section 16),<br> “personal licence” has the same meaning as in Part 1 (see section 16),<br> “premises licence” has the same meaning as in Part 1 (see section 16).”

NC4

To move the following Clause—<br> <b>“Ban on manufacture and sales of high-strength nicotine pouches</b><br> (1) It is an offence to manufacture a high-strength nicotine pouch.<br> (2) It is an offence to—<br> (a) sell or expose for sale a high-strength nicotine pouch, or<br> (b) offer or expose a high-strength nicotine pouch for sale.<br> (3) It is an offence for a person to have a high-strength nicotine pouch in their possession with intent to supply it to another in the course of business.<br> (4) In this section “high-strength nicotine pouch” means a nicotine pouch that—<br> (a) is intended for oral use,<br> (b) is not intended to be inhaled,<br> (c) does not contain tobacco, and<br> (d) contains more than 20 milligrams of nicotine per pouch.<br> (5) It is a defence for a person charged with an offence under subsection (2) to prove that they took all reasonable steps to avoid the commission of the offence.<br> (6) A person who commits an offence under this section is liable—<br> (a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;<br> (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.”

<p>This new clause provides for a ban on the manufacture and sale of high-strength nicotine pouches.</p>

NC2

To move the following Clause—<br> <b>“Ban on the supply of plastic cigarette filters</b><br> (1) The Secretary of State must make regulations under section 140 of the Environmental Protection Act 1990 having the effect of prohibiting the supply of relevant cigarette filters or cigarettes containing relevant cigarette filters, whether by way of sale or not, in the course of a business.<br> (2) The notice required under section 140(6)(b) of the Environmental Protection Act 1990 in relation to the regulations mentioned in subsection (1) must be published no later than the end of the period of 12 months beginning with the day on which this Act is passed.<br> (3) In this section,<br> “relevant cigarette filter” means a filter which contains plastic and which is intended for use in a cigarette, whether as part of a ready made cigarette or to be used with hand rolling tobacco or other substances to be smoked in a cigarette.”

<p>This new clause requires the Secretary of State to make regulations, within two years, which would prohibit the supply of cigarette filters which contain plastic or cigarettes containing cigarette filters which contain plastic. The regulations would be made under section 140 of the Environmental Protection Act 1990.</p>

NC3

To move the following Clause—<br> <b>“Amendment of the European Union (Withdrawal) Act 2018</b><br> (1) The European Union (Withdrawal) Act 2018 is amended as follows.<br> (2) In section 7A of the European Union (Withdrawal) Act 2018, after subsection (4), insert—<br> “(4A) This section does not apply in relation to Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC.””

<p>This new clause asserts the primacy of the regulations made in this Bill which affect Northern Ireland in relation to the EU tobacco directive 2014/40/EU.</p>

4

Clause 1, page 1, line 5, leave out “born on or after 1 January 2009” and insert “under the age of 21”

<p>This amendment makes it an offence to sell tobacco products, herbal smoking products and cigarette papers to a person under the age of 21, rather than to people born on or after 1 January 2009.</p>

5

Clause 1, page 1, line 13, leave out “shown that document was before 1 January 2009” and insert “showed that the purchaser was not under the age of 21”

<p>This amendment is linked to Amendment 4.</p>

6

Clause 2, page 2, line 11, leave out “18” and insert “21”

<p>This amendment makes it an offence to purchase tobacco products, herbal smoking products and cigarette papers on behalf of a person under the age of 25, rather than a person born on or after 1 January 2009.</p>

7

Clause 2, page 2, line 12, leave out “born on or after 1 January 2009” and insert “under the age of 21”

<p>This amendment is linked to Amendment 6.</p>

8

Clause 2, page 2, line 18, leave out “born on or after 1 January 2009” and insert “under the age of 21”

<p>This amendment is linked to Amendment 6.</p>

9

Clause 5, page 3, line 8, leave out “born on or after 1 January 2009” and insert “under the age of 21”

<p>This amendment is linked to Amendment 4.</p>

10

Clause 6, page 3, line 30, leave out “born on or after 1 January 2009” and insert “under the age of 21”

<p>This amendment is linked to Amendment 4.</p>

11

Clause 6, page 3, line 32, leave out “a anwyd ar neu ar ôl 1 Ionawr 2009” and insert “dan 21 oed”

<p>This amendment is linked to Amendment 4.</p>

1

Clause 38, page 20, line 19, leave out from “be” to the end of line and insert “be allocated by the relevant Local Authority to public health projects.”

<p>This amendment would direct funds from Fixed Penalty Notice fines to public health initiatives as determined by Local Authorities.</p>

2

Clause 38, page 20, line 20, leave out from "before" to the second "the" and insert "such sums are allocated by the relevant Local Authorities"

<p>This amendment is consequential upon Amendment 1.</p>

12

Clause 50, page 25, line 30, leave out ““born on or after 1 January 2009”” and insert ““under the age of 21””

<p>This amendment is linked to Amendment 4.</p>

13

Clause 50, page 25, line 33, leave out ““born on or after 1 January 2009 (“the customer) to have been born before that date”” and insert ““under the age of 21 (“the customer”) to be aged 21 or over””

<p>This amendment is linked to Amendment 4.</p>

14

Clause 50, page 25, line 37, leave out “born on or after 1 January 2009” and insert “under 21”

<p>This amendment is linked to Amendment 4.</p>

15

Clause 50, page 26, line 1, leave out subsection (3)

<p>This amendment is linked to Amendment 4.</p>

16

Clause 50, page 26, line 28, leave out ““born on or after 1 January 2009”” and insert ““under the age of 21””

<p>This amendment is linked to Amendment 4.</p>

17

Clause 50, page 26, line 30, leave out ““born on or after 1 January 2009”” and insert ““under 21””

<p>This amendment is linked to Amendment 4.</p>

18

Clause 50, page 26, line 33, leave out ““born on or after 1 January 2009”” and insert ““under the age of 21””

<p>This amendment is linked to Amendment 4.</p>

19

Clause 68, page 35, line 28, leave out “born on or after 1 January 2009” and insert “under the age of 21”

<p>This amendment is linked to Amendment 4.</p>

20

Clause 68, page 35, line 37, leave out “shown on that document was before 1 January 2009” and insert “showed that the purchaser was not under the age of 21”

<p>This amendment is linked to Amendment 4.</p>

21

Clause 69, page 36, line 16, leave out “born on or after 1 January 2009” and insert “under the age of 21”

<p>This amendment is linked to Amendment 6.</p>

22

Clause 69, page 36, line 18, leave out “18” and insert “21”

<p>This amendment is linked to Amendment 6.</p>

23

Clause 69, page 36, line 19, leave out “born on or after 1 January 2009” and insert “under the age of 21”

<p>This amendment is linked to Amendment 6.</p>

24

Clause 69, page 36, line 26, leave out “born on or after 1 January 2009” and insert “under the age of 21”

<p>This amendment is linked to Amendment 6.</p>

25

Clause 72, page 37, line 27, leave out “born on or after 1 January 2009” and insert “under the age of 21”

<p>This amendment is linked to Amendment 4.</p>

3

Clause 136, page 77, line 8, leave out from “smoke-free” to the end of line 15 and insert “a place in England that is—<br> (a) an NHS property or hospital building,<br> (b) a children’s playground, or<br> (c) a nursery, school, college or higher education premises.”

<p>This amendment restricts the Secretary of State to only being able to designate open or unenclosed spaces outside a hospital, children’s playground, nursery, school, college or higher education premises as smoke-free areas.</p>

26

Schedule 5, page 132, line 2, leave out “a anwyd ar neu ar ôl 1 Ionawr 2009” and insert “dan 21 oed”

<p>This amendment is linked to Amendment 4.</p>

27

Schedule 5, page 132, line 7, leave out “a anwyd ar neu ar ôl 1 Ionawr 2009” and insert “dan 21 oed (“B”)”

<p>This amendment is linked to Amendment 4.</p>

28

Schedule 5, page 132, line 12, leave out “a anwyd ar neu ar ôl 1 Ionawr 2009” and insert “dan 21 oed”

<p>This amendment is linked to Amendment 4.</p>

29

Schedule 5, page 132, line 38, leave out “wedi cael ei eni cyn 1 Ionawr 2009” and insert “yn 21 oed neu drosodd”

<p>This amendment is linked to Amendment 4.</p>

30

Schedule 5, page 133, line 2, leave out “wedi cael ei eni ar neu ar ôl 1 Ionawr 2009” and insert “dan 21 oed”

<p>This amendment is linked to Amendment 4.</p>

31

Schedule 5, page 133, line 16, leave out “born on or after 1 January 2009” and insert “under the age of 21”

<p>This amendment is linked to Amendment 4.</p>

32

Schedule 5, page 133, line 21, leave out “born on or after 1 January 2009” and insert “under the age of 21”

<p>This amendment is linked to Amendment 4.</p>

33

Schedule 5, page 133, line 26, leave out “born on or after 1 January 2009” and insert “under the age of 21”

<p>This amendment is linked to Amendment 4.</p>

34

Schedule 5, page 134, line 9, leave out “born before 1 January 2009” and insert “over the age of 21”

<p>This amendment is linked to Amendment 4.</p>

35

Schedule 5, page 134, line 14, leave out “born on or after 1 January 2009” and insert “under the age of 21”

<p>This amendment is linked to Amendment 4.</p>

NC1

To move the following Clause—<br> <b>“Review of contaminated e-liquid</b><br> (1) Within six months of the passage of this Act, the Secretary of State must conduct a review into the prevalence of contaminated e-liquid in England, Wales, Scotland and Northern Ireland.<br> (2) The review required under subsection (1), must include, but is not limited to an assessment of—<br> (a) the awareness of the issue of contaminated e-liquid,<br> (b) the extent of e-liquids found spiked with illegal substances,<br> (c) the measures in place to tackle the importation of contaminated e-liquid,<br> (d) measures used by other jurisdictions to combat the importation and prevalence of contaminated e-liquid, and<br> (e) options for further regulating e-liquid to limit the dangers of contamination.<br> (3) In conducting the review required under subsection (1), the Secretary of State may consult with whoever they see fit.<br> (4) The Secretary of State must report to Parliament following the conclusion of the review.<br> (5) The Secretary of State has the power to make regulations under this section including the power to make—<br> (a) offences relating to the contamination of e-liquid, including the distribution, importation, supply and merchandising or tampering of such products,<br> (b) offences relating to the online sale of e-liquid containing illegal substances,<br> (c) provisions to improve the ability to identify, test and intercept contaminated e-liquid, and<br> (d) provisions recommended in the review implemented by subsection (1).<br> (6) For the purposes of this section,<br> “contaminated e-liquid” means e-liquid which has been mixed with or includes an illegal substance.”

<p>This new clause would require the Secretary of State to conduct a review and publish a report on the impact of contaminated e-liquid and ways to reduce its prevalence. It would give the Secretary of State the powers to make regulations in relation to curbing the harm caused by contaminated e-liquid.</p>

Gov 16

Clause 170, page 122, line 2, at end insert- "(za) sections 19 to 22 and Schedule 3 and 4 (licensing of retail sales of tobacco products etc in Wales);"

98

Clause 168, page 121, line 12, after “force” insert “(so far as not in force by virtue of subsection (2))”

<p>Clause 168(2) brings the regulation-making powers under Part 3 into force on royal assent. This amendment indicates that the power of the Department of Health in Northern Ireland to bring certain provisions into force is subject to that and is intended to ensure consistency with the drafting in clause 168(4).</p>

96

Clause 12, page 6, line 8, at end insert—<br> “(1A) The offence set out in subsection (1) does not apply to vending machines that are located within specialised mental health units that provide care for mental health patients.”

97

Clause 147, page 93, line 13, at end of line insert—<br> “(1A) In the Welsh language text of section 5 (Y drosedd o ysmygu mewn mangre ddi-fwg neu gerbyd di-fwg), at end of subsection (6) insert “, arbed os trosedd cyntaf ydyw.”<br> (1B) In the Welsh language text of section 5 (Y drosedd o ysmygu mewn mangre ddi-fwg neu gerbyd di-fwg), after subsection (6) insert—<br> “(6A) Mae person sydd wedi cyfaddef ei fod yn euog o drosedd gyntaf o dan yr adran hon ynagored i rybuddiad.”<br> (1C) In the English language text of section 5 (Offence of smoking in smoke-free premises or vehicle), at end of subsection (6) insert “, save if it is a first offence.”<br> (1D) In the English language text of section 5 (Offence of smoking in smoke-free premises or vehicle), after subsection (6) insert—<br> “(6A) Mae person sydd wedi cyfaddef ei fod yn euog o drosedd gyntaf o dan yr adran hon yn agored i rybuddiad.”<br> (1E) In the Welsh language text of section 6 (Y drosedd o fethu ag atal ysmygu mewn mangre ddi-fwg), at end of subsection (9) insert “, arbed os trosedd cyntaf ydyw.”<br> (1F) In the Welsh language text of section 6 (Y drosedd o fethu ag atal ysmygu mewn mangre ddi-fwg), after subsection (9) insert— <br> “(9A) A person who has admitted guilt of a first offence under this section is liable to a caution.”<br> (1G) In the English language text of section 6 (Offence of smoking in smoke-free premises or vehicle), at end of subsection (9) insert “, save if it is a first offence.”<br> (1H) In the English language text of section 6 (Offence of smoking in smoke-free premises or vehicle), after subsection (9) insert—<br> “(9A) A person who has admitted guilt of a first offence under this section is liable to a caution.””

<p>This amendment prevents penalties for a first offences pertaining to smoke-free area restrictions in Wales being a fine or imprisonment and makes provision for the penalty for a first offence pertaining to smoke-free area restrictions to be a cautionary warning.</p>

NC1

To move the following Clause—<br> <b>“Mandatory health warnings on cigarettes and cigarette rolling papers: consultation</b><br> (1) The Secretary of State must consult on draft regulations (see section 91 (features of products)) which would, if made, include a requirement on producers of tobacco products and cigarette papers to print health warnings on individual cigarettes and individual cigarette papers.<br> (2) In this section, “cigarette paper” and “tobacco product” have the same meaning as in section 112.”

<p>This new clause commits the government to consult on regulations under clause 91 requiring the placing of specified health warnings on cigarettes and rolling papers by tobacco manufacturers and importers.</p>

NC2

To move the following Clause—<br> <b>“Tobacco products statutory scheme: consultation</b><br> (1) The Secretary of State must consult and report on the desirability of making a scheme with one or more of the following purposes—<br> (a) regulating, for the purposes of improving public health, the prices which may be charged by any producer or importer of tobacco products for the supply of any tobacco products,<br> (b) limiting the profits which may accrue to any producer or importer in connection with the manufacture or supply of tobacco products,<br> (c) providing for any producer or importer of tobacco products to pay to the Secretary of State an amount calculated by reference to sales or estimated sales of those products (whether on the basis of net prices, average selling prices or otherwise) to be used for the purposes of reducing smoking prevalence and improving public health.<br> (2) In this section—<br> “importer” , in relation to tobacco products, and “tobacco products” have the meaning as in Part 5 (see section 112),<br> “producer” , in relation to tobacco products, is to be construed in accordance with the meaning of “production” in Part 5 (see section 112).”

<p>This new clause would require the Secretary of State for Health and Social Care to consult on proposals for regulating the prices and profits of, and to raise funds from, tobacco manufacturers and importers.</p>

NC3

To move the following Clause—<br> <b>“Age verification policy</b><br> (1) A person commits an offence if the person—<br> (a) carries on a tobacco, herbal smoking product, vaping product or nicotine product business, and<br> (b) fails to operate an age verification policy in respect of premises at which the person carries on the tobacco, herbal smoking product, vaping product or nicotine product business.<br> (2) Subsection (1) does not apply to premises (“the business premises”) from which—<br> (a) tobacco products, herbal smoking products, cigarette papers, vaping products or nicotine products are, in pursuance of a sale, despatched for delivery to different premises, and<br> (b) no other tobacco, herbal smoking product, vaping product or nicotine product business is carried on from the business premises.<br> (3) Before the specified date, an “age verification policy” is a policy that steps are to be taken to establish the age of a person attempting to buy a tobacco product, cigarette papers, a vaping product or a nicotine product on the premises (the “customer”) if it appears to the person selling the tobacco product, cigarette papers, vaping product or nicotine product that the customer may be under the age of 25 (or such older age as may be specified in the policy).<br> (4) After the specified date, an “age verification policy”—<br> (a) in relation to a tobacco business or herbal smoking product business, is a policy that steps are to be taken to establish the age of a person attempting to buy a tobacco product, cigarette papers, herbal smoking product or cigarette papers on the premises (the “customer”) if it appears to the person selling the tobacco product, cigarette papers, herbal smoking product or cigarette papers that the customer may have been born on or after 1 January 2009 (or such earlier date as may be specified in the policy);<br> (b) in relation to a vaping product business or nicotine product business, is a policy that steps are to be taken to establish the age of a person attempting to buy a vaping product, or a nicotine product, on the premises (the “customer”) if it appears to the person selling the product that the customer may be under the age of 25 (or such older age as may be specified in the policy).<br> (5) In relation to times before the end of 2033, the reference in subsection (4)(a) to the customer being born on or after 1 January 2009 (or such earlier date as may be specified in the policy) has effect as a reference to the customer being under the age of 25 (or such older age as may be specified in the policy).<br> (6) The appropriate national authority may by regulations amend the age specified in subsection (3) or (4)(b).<br> (7) The appropriate national authority may publish guidance on matters relating to age verification policies, including, in particular, guidance about—<br> (a) steps that should be taken to establish a customer's age,<br> (b) documents that may be shown to the person selling a tobacco product, cigarette papers, herbal smoking product, vaping product or nicotine product as evidence of a customer's age,<br> (c) training that should be undertaken by the person selling the tobacco product, cigarette papers, herbal smoking product, vaping product or nicotine product,<br> (d) the form and content of notices that should be displayed in the premises,<br> (e) the form and content of records that should be maintained in relation to an age verification policy.<br> (8) A person who carries on a tobacco, herbal smoking product, vaping product or nicotine product business must have regard to guidance published under subsection (7) when operating an age verification policy.<br> (9) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.<br> (10) Regulations under subsection (6) are subject to the affirmative resolution procedure.<br> (11) In this section— “the appropriate national authority” means—<br> (a) in relation to England, the Secretary of State, and<br> (b) in relation to Wales, the Welsh Ministers,<br> “herbal smoking product business” means a business involving the sale of herbal smoking products by retail,<br> “nicotine product business” means a business involving the sale of nicotine products by retail,<br> “the specified date” is 1 January 2027,<br> “tobacco business” means a business involving the sale of tobacco products by retail,<br> “tobacco, herbal smoking product or vaping product business” means a business which involves any one or more of the following—<br> (a) a tobacco business,<br> (b) a herbal smoking product business, or<br> (c) a vaping product business,<br> “vaping product business” means a business involving the sale of vaping products by retail.”

<p>This new clause introduces a requirement on businesses to operate an age verification policy covering steps to be taken to establish the age of persons attempting to buy tobacco, herbal smoking, vaping/ nicotine products, or cigarette papers. It reflects provisions in place in Scotland to be amended by the Bill.</p>

NC4

To move the following Clause—<br> <b>“Ban on supply of cigarette filters</b><br> (1) The Secretary of State must make regulations under section 140 of the Environmental Protection Act 1990 having the effect of prohibiting the supply of relevant cigarette filters or cigarettes containing relevant cigarette filters, whether by way of sale or not, in the course of a business.<br> (2) The notice required under section 140(6)(b) of the Environmental Protection Act 1990 in relation to the regulations mentioned in subsection (1) must be published no later than the end of the period of 6 months beginning with the day on which this Act is passed.<br> (3) In this section,<br> “relevant cigarette filter” means a filter which contains plastic and which is intended for use in a cigarette, whether as part of a ready made cigarette or to be used with hand rolling tobacco or other substances to be smoked in a cigarette.”

<p>This new clause requires the Secretary of State to make regulations which would prohibit the supply of cigarette filters which contain plastic or cigarettes containing cigarette filters which contain plastic. The regulations would be made under section 140 of the Environmental Protection Act 1990.</p>

NC5

To move the following Clause—<br> <b>“Ban on manufacture and sales of high-strength nicotine pouches</b><br> (1) It is an offence to manufacture a high-strength nicotine pouch.<br> (2) It is an offence to—<br> (a) sell or expose for sale a high-strength nicotine pouch, or<br> (b) offer or expose a high-strength nicotine pouch for sale.<br> (3) It is an offence for a person to have a high-strength nicotine pouch in their possession with intent to supply it to another in the course of business.<br> (4) In this section “high-strength nicotine pouch” means a nicotine pouch that—<br> (a) is intended for oral use,<br> (b) is not intended to be inhaled,<br> (c) does not contain tobacco, and<br> (d) contains more than 20 milligrams of nicotine per pouch.<br> (5) It is a defence for a person charged with an offence under subsection (2) to prove that they took all reasonable steps to avoid the commission of the offence.<br> (6) A person who commits an offence under this section is liable—<br> (a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;<br> (b) on conviction on indictment, to imprisonment for a term not exceeding two years, or a fine, or both.”

<p>This new clause provides for a ban on the manufacture and sale of high-strength nicotine pouches.</p>

NC6

To move the following Clause—<br> <b>“Consultation on licensing regulations</b><br> (1) Within two months of the passing of this Act, the Secretary of State must publish draft regulations for the licensing of retail sale of tobacco products etc in England.<br> (2) Following the publication of the draft regulation as set out in subsection (1) the Secretary of State must publish a call for evidence seeking views on the efficacy and suitability of the draft regulations and invite the House of Commons Business and Trade Committee to scrutinise the draft regulations.<br> (3) After six months of the passing of this Act, the Secretary of State must lay before both Houses of Parliament a report setting out the Government’s formal response to evidence submitted in response to the call for evidence required by subsection (2) and any recommendations of the Business and Trade Committee.<br> (4) The Secretary of State may not make an order under section 168(4) bringing Sections 16 to 18 and Schedules 1 and 2 into force until the report specified in subsection (3) has been laid before both Houses of Parliament.”

<p>See explanatory statement to Amendment 51.</p>

NC7

To move the following Clause—<br> <b>“Consultation on registration and information requirements</b><br> (1) Within two months of the passage of this Act, the Secretary of State must publish draft regulations relating to registration and information requirements relating to tobacco products etc.<br> (2) Following the publication of the draft regulations as set out in subsection (1) the Secretary of State must publish a call for evidence seeking views on the efficacy and suitability of the draft regulations and invite the House of Commons Business and Trade Committee to scrutinise the draft regulations.<br> (3) After six months of the passing of this Act, the Secretary of State must lay before both Houses of Parliament a report setting out the Government’s formal response to evidence submitted in response to the call for evidence required by subsection (2) and any recommendations of the Business and Trade Committee.<br> (4) The Secretary of State may not make an order under sections 169(1A) bringing Sections 95 to 98 into force until the report specified in subsection (3) has been laid before both Houses of Parliament.”

<p>See explanatory statement to Amendment 53.</p>

NC8

To move the following Clause—<br> <b>“Reports on illegal sale of tobacco and vaping products</b><br> (1) The Secretary of State must—<br> (a) prepare reports on the scale of the illegal sale and availability of tobacco and vaping products in the United Kingdom; and<br> (b) lay a copy of each report before both Houses of Parliament.<br> (2) Each report must provide details in the United Kingdom of—<br> (a) the estimated amount and value of illegal, counterfeit and contraband cigarettes and other tobacco products available for sale;<br> (b) the estimated amount and value of illegal or non-compliant vapes available for sale;<br> (c) the action taken to tackle the illicit trade of tobacco, tobacco products, vaping devices and vaping products; and<br> (d) an assessment of the impact of the illicit trade of tobacco, vapes and nicotine products on public health and safety.<br> (3) The first report must be laid within the period of 12 months of the passing of this Act.<br> (4) Each subsequent report must be laid annually beginning with the day on which the previous report was laid.”

<p>This new clause would require that the Government produce annual reports on the rate of sale and availability of illegal tobacco and vaping products and their impact on public health and safety.</p>

NC9

To move the following Clause—<br> <b>“Prohibition on manufacture and retail of high-capacity count vaping devices</b><br> (1) The Secretary of State must produce regulations relating to the design, manufacture and sale of vaping devices and products that ensure—<br> (a) refill containers cannot be attached to a vaping device post-purchase to increase a device’s overall capacity during use, or allow for multiple pods to be attached at the same time to a device to increase its functional capacity beyond a 2ml limit.<br> (b) devices only have a single pod or tank that does not exceed 2ml limit.<br> (c) refill devices do not exceed a 10ml capacity and must be sold separately and not in the form of a clink-on tank.<br> (2) A person commits an offence if the person—<br> (a) manufactures, designs for manufacture, imports or supplies for sale a vaping device that is contrary to the regulatory requirements set out in subsection (1).<br> (b) sells or retails a vaping device that is contrary to the regulatory requirements set out in subsection (1).<br> (3) A person who is guilty of an offence under paragraph (2)(a) is liable on summary conviction to a fine of £20,000.<br> (4) A person who is guilty of an offence under paragraph (2)(b) is liable on summary conviction to a fine of £10,000.”

<p>This new clause would seek the introduction of regulations and new offences to prohibit the manufacture, design and retail sale of high-capacity count vaping devices.</p>

NC10

To move the following Clause—<br> <b>“Age verification requirement for online sales of vaping devices and products</b><br> (1) A person commits an offence if the person—<br> (a) carries on an online vaping product business, and<br> (b) fails to operate an age verification policy in respect of online sales of vaping products and devices.<br> (2) An “age verification policy” is a policy that steps are to be taken to establish and ensure the age of a person attempting to buy a vaping product (the “customer”) is not under 18 years of age.<br> (3) The appropriate national authority may by regulations amend the age specified in subsection (2).<br> (4) The appropriate national authority may publish guidance on matters relating to age verification policies, including, in particular, guidance about—<br> (a) steps that should be taken to establish a customer’s age,<br> (b) documents that may be used as evidence of a customer’s age,<br> (c) training that should be undertaken by the person selling vaping products,<br> (d) the form and content of notices that should be displayed on websites; and<br> (e) the form and content of records that should be maintained in relation to an age verification policy.<br> (5) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.<br> (6) Regulations under subsection (3) are subject to the affirmative resolution procedure.<br> (7) In this section—<br> “the appropriate national authority” means—<br> (a) in relation to England, the Secretary of State, and<br> (b) in relation to Wales, the Welsh Ministers,<br> “online vaping product business” means a business involving the sale of vaping products by retail online.”

<p>This new clause introduces a requirement on online vaping product businesses to operate an age verification policy covering steps to be taken to establish the age of persons attempting to buy vaping products online. It reflects provisions in place in Scotland.</p>

50

Clause 168, page 120, line 30, after “3” insert “, save Sections 16 to 18 and Schedules 1 and 2,”

<p>See explanatory statement to Amendment 51.</p>

51

Clause 168, page 120, line 39, leave from “force” to end of line 41 and insert “on such a date as the Secretary of State may by regulation appoint following the consultation on licensing regulations (see section (Consultation on licensing regulations)).”

<p>This amendment, together with Amendment 50 and NC6, would require the Secretary of State to consult on licensing scheme regulations before Sections 16 to 18 and Schedules 1 and 2 come into force.</p>

15

Clause 168, page 121, line 1, after “force” insert “(so far as not in force by virtue of subsection (2))”

<p>Clause 168(2) brings the regulation making powers under Part 1 into force on royal assent. This amendment indicates that the Welsh Ministers’ power to bring certain provisions into force is subject to that and is intended to ensure consistency with the drafting in clause 168(4).</p>

52

Clause 169, page 121, line 21, after “etc)” insert “, save Sections 95 to 98,”

<p>See explanatory statement to Amendment 53.</p>

53

Clause 169, page 122, line 21, at end insert—<br> “(1A) Sections 95 to 98 (Registration and information requirements) come into force on such a date as the Secretary of State may by regulation appoint following the consultation on Registration and information requirements (see section (Consultation on Registration and information requirements)).”

<p>This amendment, together with Amendment 52 and NC7, would require the Secretary of State to consult on registration and information requirements before Sections 95 to 98 come into force.</p>

16

Clause 170, page 122, line 3, at end insert—<br> “(za) sections 19 to 22 and Schedule 3 and 4 (licensing of retail sales of tobacco products etc in Wales);”

<p>This amendment confers power on the Welsh Ministers to make transitional or saving provision in connection with the commencement of certain provisions that they have power to bring into force by order under clause 168(5).</p>

49

Title, line 2, leave out “born on or after 1 January 2009” and insert “under the age of 25”

<p>This amendment is linked to Amendment 17.</p>

17

Clause 1, page 1, line 5, leave out “born on or after 1 January 2009” and insert “under the age of 25”

<p>This amendment makes it an offence to sell tobacco products, herbal smoking products and cigarette papers to a person under the age of 25, rather than to people born on or after 1 January 2009.</p>

18

Clause 1, page 1, line 13, leave out “shown on that document was before 1 January 2009” and insert “showed that the purchaser was not under the age of 25”

<p>This amendment is linked to Amendment 17.</p>

56

Clause 1, page 2, line 9, at end insert “, save if it is a first offence.’”

<p>See explanatory statement to Amendment 59.</p>

57

Clause 1, page 2, line 9, at end insert—<br> “(4A) A person who has admitted guilt of a first offence under this section is liable to a fine not exceeding level 3 on the standard scale or a caution.”

<p>See explanatory statement to Amendment 59.</p>

19

Clause 2, page 2, line 11, leave out “18” and insert “25”

<p>This amendment makes it an offence to purchase tobacco products, herbal smoking products and cigarette papers on behalf of a person under the age of 25, rather than a person born on or after 1 January 2009.</p>

20

Clause 2, page 2, line 12, leave out “born on or after 1 January 2009” and insert “under the age of 25”

<p>This amendment is linked to Amendment 19.</p>

21

Clause 2, page 2, line 18, leave out “born on or after 1 January 2009” and insert “under the age of 25”

<p>This amendment is linked to Amendment 19.</p>

58

Clause 2, page 2, line 23, at end insert “, save if it is a first offence.”

<p>See explanatory statement to Amendment 59.</p>

59

Clause 2, page 2, line 23, at end insert—<br> “(4A) A person who has admitted guilt of a first offence under this section is liable to a fine not exceeding level 3 on the standard scale or provides for a discretionary caution.”

<p>This amendment, together with Amendments 56, 57, and 58, prevents penalties under sections 1 and 2 beyond level 3 for a first offence and provides for a discretionary caution.</p>

22

Clause 5, page 3, line 8, leave out “born on or after 1 January 2009” and insert “under the age of 25”

<p>This amendment is linked to Amendment 17.</p>

23

Clause 6, page 3, line 30, leave out “born on or after 1 January 2009” and insert “under the age of 25”

<p>This amendment is linked to Amendment 17.</p>

24

Clause 6, page 3, line 32, leave out “a anwyd ar neu ar ôl 1 Ionawr 2009” and insert “dan 25 oed”

<p>This amendment is linked to Amendment 17.</p>

60

Clause 9, page 5, line 10, at end insert “, save if it is a first offence.”

<p>See explanatory statement to Amendment 62.</p>

61

Clause 9, page 5, line 12, at end insert “, save if it is a first offence.”

<p>See explanatory statement to Amendment 62.</p>

62

Clause 9, page 5, line 12, at end insert—<br> “(3A) A person who has admitted guilt of a first offence under this section is liable to a fine not exceeding level 3 on the standard scale or a caution.”

<p>This amendment, together with Amendments 60 and 61, prevents penalties for a first offence under section 9 being a fine beyond level 3 and provides for a discretionary caution.</p>

63

Clause 10, page 5, line 33, at end insert “, save if it is a first offence.”

<p>See explanatory statement to Amendment 66.</p>

64

Clause 10, page 5, line 33, at end insert—<br> “(4A) A person who has admitted guilt of a first offence under this section is liable to a fine not exceeding level 3 on the standard scale or a caution.”

<p>See explanatory statement to Amendment 66.</p>

65

Clause 11, page 6, line 5, at end insert “, save if it is a first offence.”

<p>See explanatory statement to Amendment 66.</p>

66

Clause 11, page 6, line 5, at end insert—<br> “(3A) A person who has admitted guilt of a first offence under this section is liable to a fine not exceeding level 3 on the standard scale or a caution.”

<p>This amendment, together with Amendment 63, 64, and 65, prevents penalties for a first offence under sections 10 and 11 being beyond level 3 and provides for a discretionary caution.</p>

54

Clause 37, page 19, line 25, at end insert—<br> “(1A) In respect to sections (1) and (2) fixed penalties will not be issued where a person has admitted guilt, and it is a first offence.”

<p>This amendment ensures that fixed penalty notices for an offence under sections 1 and 2 will not be issued if it is a first offence in England and Wales.</p>

25

Clause 50, page 25, line 30, leave out “born on or after 1 January 2009” and insert “under the age of 25”

<p>This amendment is linked to Amendment 17.</p>

26

Clause 50, page 25, line 33, leave out from “substitute” to end of line 34 and insert “under the age of 25 (“the customer”) to be aged 25 or over”

<p>This amendment is linked to Amendment 17.</p>

67

Clause 50, page 25, line 34, at end insert—<br> “(ba) in subsection (5), at end insert “, save if it is a first offence.”<br> (bb) after subsection (5) insert—<br> “(5A) A person who has admitted guilt of a first offence under subsection (1) is liable to a fine not exceeding level 3 on the standard scale or a recorded police warning.””

<p>This amendment prevents penalties for a first offence of selling tobacco products to person under 18 in Scotland being a fine not beyond level 3 and provides for a discretionary recorded police warning.</p>

27

Clause 50, page 25, line 37, leave out “born on or after 1 January 2009” and insert “under 25”

<p>This amendment is linked to Amendment 17.</p>

68

Clause 50, page 25, line 38, at end insert—<br> “(2A) In section 4A (Sale of nicotine vapour products to persons under 18) insert—<br> (a) in subsection (5), at end insert “, save if it is a first offence.”<br> (b) after subsection (5) insert—<br> “(5A) A person who has admitted guilt of a first offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale or to a recorded police warning.””

<p>This amendment prevents penalties for a first offence pertaining to the sale of nicotine vapour products to persons under 18 in Scotland being a fine not beyond level 3 and provides for a discretionary recorded police warning.</p>

28

Clause 50, page 26, line 1, leave out subsection (3)

<p>This amendment is linked to Amendment 17.</p>

69

Clause 50, page 26, line 26, at end insert—<br> “(ba) in subsection (7), at end insert “, save if it is a first offence.”<br> (bb) after subsection (7) insert—<br> “(7A) A person who has admitted guilt of a first offence under subsection (1) is liable to a fine not exceeding level 2 on the standard scale or a recorded police warning.””

<p>This amendment prevents penalties for a first offence pertaining to a failure to operate an age verification policy in Scotland being a fine not beyond level 2 and provides for a discretionary recorded police warning.</p>

29

Clause 50, page 26, line 28, leave out from “substitute” to end of line 29 and insert “under the age of 25”;

<p>This amendment is linked to Amendment 17.</p>

30

Clause 50, page 26, line 30, leave out from “substitute” to end of line 31 and insert “under 25”.

<p>This amendment is linked to Amendment 17.</p>

31

Clause 50, page 26, line 33, leave out from “substitute” to end of line and insert “under 25.”

<p>This amendment is linked to Amendment 17.</p>

55

Clause 50, page 26, line 33, at end insert—<br> “(5A) In section 27 (Fixed penalties), in paragraph (1) at end insert ‘, save if an offence under section 4, 4A, and 4B is a first offence for which a person has admitted guilt”

<p>This amendment ensures that fixed penalty notices for an offence under section 50 will not be issued if it is a first offence in Scotland.</p>

70

Clause 58, page 29, line 19, at end insert “, save if it is a first offence.”

<p>See explanatory statement to Amendment 72.</p>

71

Clause 58, page 29, line 21, at end insert “, save if it is a first offence.”

<p>See explanatory statement to Amendment 72.</p>

72

Clause 58, page 29, line 21, at end insert—<br> “(3A) A person who has admitted guilt of a first offence under subsection (1) is liable to a fine not exceeding level 3 on the standard scale or a recorded police warning.”

<p>This amendment, together with Amendments 70 and 71, prevents penalties for a first offence under Section 58 (pertaining to restrictions on the possession of snus with an intent to supply in Scotland) being beyond level 3 and provides for a discretionary recorded police warning.</p>

32

Clause 68, page 35, line 28, leave out “born on or after 1 January 2009” and insert “under the age of 25”

<p>This amendment is linked to Amendment 17.</p>

33

Clause 68, page 35, line 37, leave out “shown on that document was before 1 January 2009” and insert “showed that the purchaser was not under the age of 25”

<p>This amendment is linked to Amendment 17.</p>

73

Clause 68, page 36, line 12, at end insert “, save if it is a first offence.”

<p>See explanatory statement to Amendment 76.</p>

74

Clause 68, page 36, line 12, at end insert—<br> “(4A) A person who has admitted guilt of a first offence under this Article is liable to a fine not exceeding level 3 on the standard scale or a conditional caution.”

<p>See explanatory statement to Amendment 76.</p>

34

Clause 69, page 36, line 16, leave out “born on or after 1 January 2009” and insert “under the age of 25”

<p>This amendment is linked to Amendment 19.</p>

35

Clause 69, page 36, line 18, leave out “18” and insert “25”

<p>This amendment is linked to Amendment 19.</p>

36

Clause 69, page 36, line 19, leave out “born on or after 1 January 2009” and insert “under the age of 25”

<p>This amendment is linked to Amendment 19.</p>

37

Clause 69, page 36, line 26, leave out “born on or after 1 January 2009” and insert “under the age of 25”

<p>This amendment is linked to Amendment 19.</p>

75

Clause 69, page 36, line 31, at end insert “, save if it is a first offence.”

<p>See explanatory statement to Amendment 76.</p>

76

Clause 69, page 36, line 31, at end insert—<br> “(4A) A person who has admitted guilt of a first offence under this Article is liable to a fine not exceeding level 3 on the standard scale or a conditional caution.”

<p>This amendment, together with Amendments 73, 74, and 75, prevents penalties for a first offence under Sections 68 and 69 being beyond level 3 and provides for a cautionary warning.</p>

38

Clause 72, page 37, line 28, leave out “born on or after 1 January 2009” and insert “under the age of 25”

<p>This amendment is linked to Amendment 17.</p>

77

Clause 75, page 39, line 19, at end insert “, save if it is a first offence.”

<p>See explanatory statement to Amendment 79.</p>

78

Clause 75, page 39, line 21, at end insert “, save if it is a first offence.”

<p>See explanatory statement to Amendment 79.</p>

79

Clause 75, page 39, line 21, at end insert—<br> “(3A) A person who has admitted guilt of a first offence under this Article is liable to a to a fine not exceeding level 3 on the standard scale or conditional caution.”

<p>This amendment, together with Amendments 77 and 78, prevents penalties for a first offence under Section 75 (pertaining to restrictions on the possession with an intent to supply of snus in Northern Ireland) being beyond level 3 and provides for a conditional caution.</p>

80

Clause 76, page 40, line 9, at end insert “, save if it is a first offence.”

<p>See explanatory statement to Amendment 83.</p>

81

Clause 76, page 40, line 9, at end insert—<br> “(4A) A person who has admitted guilt of a first offence under this Article is liable to a fine not exceeding level 3 on the standard scale or conditional caution.”

<p>See explanatory statement to Amendment 83.</p>

82

Clause 77, page 40, line 22, at end insert “, save if it is a first offence.”

<p>See explanatory statement to Amendment 83.</p>

83

Clause 77, page 40, line 22, at end insert—<br> “(3A) A person who has admitted guilt of a first offence under this Article is liable to a fine not exceeding level 3 on the standard scale or a conditional caution.”

<p>This amendment, together with amendments 80, 81, and 82, prevent penalties for a first offence under sections 76 and 77 (pertaining to age of sale restrictions for vaping and nicotine products in Northern Ireland) beyond level 3 and provides for a caution.</p>

5

Clause 91, page 51, line 26, at the end insert “and markings containing health warnings”

<p>This amendment enables regulations to be made requiring health warnings to be marked on individual cigarettes and cigarette papers.</p>

6

Clause 96, page 54, line 24, leave out “may” insert “must within six month of the passing of this Act”

7

Clause 96, page 54, line 36, leave out “may” insert “must”

8

Clause 96, page 54, line 36, after “provision” insert “and publication”

9

Clause 96, page 54, line 38, at end insert “, including provision of data with reference to areas specified in the regulations, which may be local authority areas.”

<p>These amendments require the Secretary of State to make regulations which would require producers of tobacco products and other products to provide sales data by geographical area and would require the publication of such data.</p>

87

Clause 114, page 63, line 16, after “product,” insert “except for the public health purpose of promoting vaping as a cessation tool for existing tobacco smokers,”

<p>This amendment would allow vapes to be promoted as a quit-aid/public health measure.</p>

88

Clause 115, page 64, line 3, after “product,” insert “except for the public health purpose of promoting vaping as a cessation tool for existing tobacco smokers,”

<p>This amendment would allow vapes to be promoted as a quit-aid/public health measure.</p>

89

Clause 116, page 64, line 30, after “product,” insert “except for the public health purpose of promoting vaping as a cessation tool for existing tobacco smokers,”

<p>This amendment would allow vapes to be promoted as a quit-aid/public health measure.</p>

90

Clause 117, page 65, line 18, after “product,” insert “except for the public health purpose of promoting vaping as a cessation tool for existing tobacco smokers,”

<p>This amendment would allow vapes to be promoted as a quit-aid/public health measure.</p>

91

Clause 118, page 66, line 3, after “product,” insert “except for the public health purpose of promoting vaping as a cessation tool for existing tobacco smokers,”

<p>This amendment would allow vapes to be promoted as a quit-aid/public health measure.</p>

92

Clause 119, page 67, line 8, after “product,” insert “except for the public health purpose of promoting vaping as a cessation tool for existing tobacco smokers,”

<p>This amendment would allow vapes to be promoted as a quit-aid/public health measure.</p>

93

Clause 119, page 67, line 24, after “product,” insert “except for the public health purpose of promoting vaping as a cessation tool for existing tobacco smokers,”

<p>This amendment would allow vapes to be promoted as a quit-aid/public health measure.</p>

11

Clause 136, page 77, line 8, after “<i>regulations</i>” insert “<i>and a local authority may (as respects its area) make byelaws</i>”

<p>This amendment would extend the power to designate areas as smoke-free to certain local authorities, by making byelaws. Any byelaws so made would need to be confirmed by the Secretary of State by virtue of section 236 of the Local Government Act 1972.</p>

95

Clause 136, page 77, line 12 at end insert—<br> “The Secretary of State may only make regulations designating external or open spaces as smoke-free in England outside—<br> (a) an NHS property or hospital building,<br> (b) a children’s playground, or<br> (c) a nursery, school, college or higher education premises.”

<p>This amendment restricts the Secretary of State to only being able to designate open or unenclosed spaces outside a hospital, children’s playground, school or nursery.</p>

12

Clause 136, page 77, line 14, after “regulations” insert “or byelaws”

<p>This amendment is associated with amendment 11.</p>

13

Clause 136, page 77, line 16, after “regulations” insert “or byelaws”

<p>This amendment is associated with amendment 11.</p>

94

Clause 136, page 77, line 21, at end insert—<br> “The Secretary of State may designate a place or description of place under this section only if in the Secretary of State's opinion there is a significant risk that, without a designation, persons present there would be exposed to significant quantities of smoke.”

<p>This amendment would re-instate existing section 4(3) in the Health Act 2006.</p>

14

Clause 136, page 77, at the end of line 24, insert—<br> “(5) Before making byelaws under this section the local authority must consult any persons the local authority considers it appropriate to consult.<br> (6) In this section,<br> “local authority” means a county council in England, a district council, a London borough council, the Common Council of the City of London in its capacity as a local authority, the Council of the Isles of Scilly, a combined authority or a combined country authority.”

<p>This amendment is associated with amendment 11.</p>

10

Clause 136, page 77, leave out lines 26 to 29 and insert—<br> “(a) for subsection (1A) substitute—<br> “(1A) The Secretary of State must, no later than the end of the period of 6 months beginning with the day on which the Tobacco and Vapes Act 2025 is passed, lay draft regulations to be made under this section which have the effect of providing for all enclosed vehicles to be smoke-free, other than vehicles of the type described in subsection (3).<br> (1B) Regulations may make provisions about the meaning of “enclosed vehicle”, which may include vehicles which are partially enclosed or enclosed (or capable of being enclosed) for some but not all of the time.””

<p>This amendment requires the Secretary of State to make regulations which would extend the existing prohibition on smoking in vehicles to all enclosed vehicles except ships and hovercraft which are regulated under other legislation. The prohibition currently only applies to workplace vehicles and vehicles carrying under 18s.</p>

84

Clause 136, page 77, line 33, at end insert—<br> “(3A) In section 7 (Offence of smoking in smoke-free place)—<br> (a) in subsection (6), at end insert “, save if it is a first offence.”<br> (b) after subsection (6) insert—<br> “(6A) A person who has admitted guilt of a first offence under this section is liable to a fine not exceeding level 3 on the standard scale or a caution.”<br> (3B) In section 8 (Offence of failing to prevent smoking in smoke-free place)—<br> (a) in subsection (7), at end insert “, save if it is a first offence.”<br> (b) after subsection (7) insert—<br> “(7A) A person who has admitted guilt of a first offence under this section is liable to a fine not exceeding level 3 on the standard scale or a caution.””

<p>This amendment prevents penalties for a first offence under sections 136 (pertaining to smoke-free area restrictions in England) being beyond a fine of level 3 and provides for a discretionary caution.</p>

85

Clause 142, page 85, line 29, at end insert—<br> “(ya) in section 1 (Offence of permitting others to smoke in no-smoking premises)—<br> (i) in subsection (4), at end insert “, save if it is a first offence.”<br> (ii) after subsection (4) insert—<br> “(4A) A person who has admitted guilt of a first offence under this section is liable to a fine not exceeding level 3 on the standard scale or a recorded police warning.”<br> (za) in section (2) (Offence of smoking in no-smoking premises)—<br> (i) in subsection (3), at end insert “, save if it is a first offence.”<br> (ii) after subsection (3) insert—<br> “(3A) A person who has admitted guilt of a first offence under this section is liable to a fine not exceeding level 3 on the standard scale or a recorded police warning.””

<p>This amendment prevents penalties for a first offence under sections 142 (pertaining to smoke-free area restrictions in Scotland) being beyond level 3 and provides for a discretionary caution.</p>

86

Clause 153, page 109, line 9, at end insert—<br> “(3A) In Article 8 (Offence of smoking in smoke-free place)—<br> (a) in subsection (5), at end insert “, save if it is a first offence.”<br> (b) after subsection (5) insert—<br> “(5A) A person who has admitted guilt of a first offence under this Article is liable to a fine not exceeding level 3 on the standard scale or a conditional caution.”<br> (3B) In Article 9 (Offence of failing to prevent smoking in smoke-free place)—<br> (a) subsection (6), after “scale” insert “, save if it is a first offence.<br> (b) after subsection (6) insert—<br> “(6A) person who has admitted guilt of a first offence under this Article is liable to a fine not exceeding level 3 on the standard scale or a conditional caution.””

<p>This amendment prevents penalties for a first offence under sections 153 (pertaining to smoke-free area restrictions in Northern Ireland) being beyond level 3 and provides for a conditional caution.</p>

44

Schedule 5, page 132, line 2, leave out, “a anwyd ar neu ar ôl 1 Ionawr 2009” and insert “dan 25 oed”

<p>This amendment is linked to Amendment 17.</p>

48

Schedule 5, page 132, line 7, leave out from “berson” to end of line 8 and insert “dan 25 oed (“B”)”

<p>This amendment is linked to Amendment 17.</p>

45

Schedule 5, page 132, line 12, leave out from “person” to end of line and insert “dan 25 oed”

<p>This amendment is linked to Amendment 17.</p>

46

Schedule 5, page 132, line 38, leave out from “rhoi”, to “a” in line 39 and insert “yn 25 oed neu drosodd”

<p>This amendment is linked to Amendment 17.</p>

47

Schedule 5, page 133, line 2, leave out from “person” to end of line 3 and insert “dan 25 oed”

<p>This amendment is linked to Amendment 17.</p>

39

Schedule 5, page 133, line 16, leave out “born on or after 1 January 2009” and insert “under the age of 25”

<p>This amendment is linked to Amendment 17.</p>

40

Schedule 5, page 133, line 21, leave out “born on or after 1 January 2009” and insert “under the age of 25”

<p>This amendment is linked to Amendment 17.</p>

41

Schedule 5, page 133, line 26, leave out “born on or after 1 January 2009” and insert “under the age of 25”

<p>This amendment is linked to Amendment 17.</p>

42

Schedule 5, page 134, line 9, leave out “born before 1 January 2009” and insert “over the age of 25”

<p>This amendment is linked to Amendment 17.</p>

43

Schedule 5, page 134, line 14, leave out “born on or after 1 January 2009” and insert “under the age of 25”

<p>This amendment is linked to Amendment 17.</p>

2

Clause 38, page 20, line 18, leave out from<i>“must”</i> to the end of line 19 and insert <i>“be allocated by the relevant Local Health and Wellbeing Board to public health projects.”</i>

<p>This amendment would direct funds from Fixed Penalty Notice fines to public health initiatives, determined by Local Health and Wellbeing Boards.</p>

3

Clause 38, page 20, line 20, leave out from "before" to the second "the" and insert "such sums are allocated by the relevant Local Health and Wellbeing Board"

<p>This amendment is consequential upon Amendment 2.</p>

4

Clause 136, page 77, line 8, leave out from “<i>smoke-free</i>” to the end of line 15 and insert “<i>a place in England that is—</i><br> <i>an NHS property or hospital building,</i><br> <i>a school, college or higher education premises,</i><br> <i>a children’s play area or playground,</i><br> <i>including outdoor public areas and frontages adjoining or surrounding such premises or designated areas.</i>”

<p>This amendment would specify which places the Secretary of State has power to designate as additional smoke-free places in England on the face of the Bill.</p>

1

Clause 122, page 70, line 12, after “section” insert “3 or”

<p>This amendment ensures that no offence is committed under the advertising provisions by displays of prices that are subject to regulation under section 3 of the Tobacco and Primary Medical Services (Scotland) Act 2010. This makes the approach for Scotland consistent with the rest of the United Kingdom.</p>