Tobacco and Vapes Bill

A Bill to make provision about the supply of tobacco, vapes and other products, including provision prohibiting the sale of tobacco to people born on or after 1 January 2009 and provision about the licensing of retail sales and the registration of retailers; to enable product and information requirements to be imposed in connection with tobacco, vapes and other products; to control the advertising and promotion of tobacco, vapes and other products; and to make provision about smoke-free places, vape-free places and heated tobacco-free places.

The information below was generated through an automated process and is for information purposes only.

This is not the latest version of the Bill

Available Versions

27 Mar 2025
Lords: Committee
HL Bill 89 (as brought from the Commons)
(317 amendments)
Date Debate
Monday 17th November 2025 Committee stage
Thursday 13th November 2025 Committee stage
Tuesday 11th November 2025 Committee stage
Monday 3rd November 2025 Committee stage
Thursday 30th October 2025 Committee stage
Monday 27th October 2025 Committee stage
30 Jan 2025
Commons: Report
Bill 172 2024-25 (as amended in Public Bill Committee)
(136 amendments)
Date Debate
Wednesday 26th March 2025 Report stage
5 Nov 2024
Commons: Committee
Bill 121 2024-25 (as introduced)
(109 amendments)
Date Debate
Tuesday 28th January 2025 Committee stage: 14th sitting
Tuesday 28th January 2025 Committee stage: 13th sitting
Thursday 23rd January 2025 Committee stage: 12th Sitting
Thursday 23rd January 2025 Committee stage: 11th Sitting
Tuesday 21st January 2025 Committee stage: 10th Sitting
Tuesday 21st January 2025 Committee stage: 9th Sitting
Thursday 16th January 2025 Committee stage: 8th sitting
Thursday 16th January 2025 Committee stage: 7th sitting
Tuesday 14th January 2025 Committee stage: 6th Sitting
Tuesday 14th January 2025 Committee stage: 5th Sitting
Thursday 9th January 2025 Committee stage: 4th Sitting
Thursday 9th January 2025 Committee stage: 3rd Sitting
Tuesday 7th January 2025 Committee stage: 2nd Sitting
Tuesday 7th January 2025 Committee stageCommittee Sitting: 1st Sitting

Relevant Documents

Bill PDF
HL Bill 89 (as brought from the Commons)
Latest Amendments
HL Bill 89-II(b) Amendments for Grand Committee (Supplementary to the Second Marshalled List)
Explanatory Note
HL Bill 89 Explanatory Notes
Impact Assessment
Impact assessment from the Department of Health & Social Care

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100 New Clauses Proposed

Page 1

Part 1

 

Sale and distribution: England and Wales

 

Sale of tobacco etc

 
"Sale of tobacco etc"

Source HL Bill 89 Explanatory Notes

57. Clause 1 introduces a new age of sale restriction for tobacco products

1
Sale of tobacco etc
 
 
(1)
It is an offence to sell any of the following to a person born on or after 1
5
 
January 2009—
 
 
(a)
a tobacco product;
 
 
(b)
a herbal smoking product;
 
 
(c)
cigarette papers.
 
 
(2)
It is a defence for a person charged with an offence under this section to
10
 
prove—
 
 
(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
 
 
(b)
that they otherwise took all reasonable steps to avoid the commission
15
 
of the offence.
 
 
(3)
Before making regulations under subsection (2) (a) the Secretary of State must
 
 
obtain the consent of the Welsh Ministers if the regulations contain provision
 

Page 2

 
which would be within the legislative competence of Senedd Cymru if
 
 
contained in an Act of the Senedd.
 
 
(4)
Regulations under subsection (2) (a) are subject to the negative resolution
 
 
procedure.
 
 
(5)
A person who commits an offence under this section is liable on summary
5
 
conviction to a fine not exceeding level 4 on the standard scale.
 
2
Purchase of tobacco etc on behalf of others
 
 
(1)
It is an offence for a person aged 18 or over to buy, or attempt to buy, any
 
 
of the following on behalf of a person born on or after 1 January 2009—
 
 
(a)
a tobacco product;
10
 
(b)
a herbal smoking product;
 
 
(c)
cigarette papers.
 
 
(2)
It is a defence for a person charged with an offence under this section to
 
 
prove that they had no reason to suspect that the other person was born on
 
 
or after 1 January 2009.
15
 
(3)
It is a defence for a person charged with an offence under this section in
 
 
respect of cigarette papers to prove that they had no reason to suspect that
 
 
the other person intended to use the papers for smoking.
 
 
(4)
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.
20
3
Tobacco vending machines
 
 
(1)
A person commits an offence if the person has the management or control
 
 
of premises on which a tobacco vending machine is available for use.
 
 
(2)
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.
25
 
(3)
In this section “tobacco vending machine” means 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—
 
 
(a)
tobacco products,
 
 
(b)
herbal smoking products, or
30
 
(c)
cigarette papers.
 
4
Sale of unpackaged cigarettes
 
 
(1)
It is an offence for a tobacco retailer to sell cigarettes that are not in their
 
 
original packaging.
 
 
(2)
A person who commits an offence under this section is liable on summary
35
 
conviction to a fine not exceeding level 3 on the standard scale.
 

Page 3

 
(3)
In this section “original packaging” means the retail packaging in which the
 
 
cigarettes were supplied to the tobacco retailer for the purpose of sale.
 
5
Age of sale notice at point of sale: England
 
 
(1)
A tobacco retailer who sells tobacco products on premises in England must
 
 
display an age of sale notice on those premises.
5
 
(2)
For the purposes of this section an “age of sale notice” is a notice containing
 
 
the following statement—
 
 
“It is illegal to sell tobacco products to anyone born on or after 1
 
 
January 2009”.
 
 
(3)
The notice must be displayed in a prominent position where it is readily
10
 
visible to people at each point of sale of tobacco products.
 
 
(4)
The notice must comply with any requirements set out in regulations made
 
 
by the Secretary of State as to the size or appearance of—
 
 
(a)
the statement to be displayed on the notice, or
 
 
(b)
any other aspect of the notice.
15
 
(5)
Regulations under subsection (4) are subject to the negative resolution
 
 
procedure.
 
 
(6)
A person who fails to display an age of sale notice as required by this section
 
 
commits an offence.
 
 
(7)
It is a defence for a person charged with an offence under this section to
20
 
prove that they took all reasonable steps to avoid the commission of the
 
 
offence.
 
 
(8)
A person who commits an offence under this section is liable on summary
 
 
conviction to a fine not exceeding level 3 on the standard scale.
 
6
Age of sale notice at point of sale: Wales
25
 
(1)
A tobacco retailer who sells tobacco products on premises in Wales must
 
 
display an age of sale notice on those premises.
 
 
(2)
For the purposes of this section an “age of sale notice” is a notice containing
 
 
both the following statements—
 
 
“It is illegal to sell tobacco products to anyone born on or after 1
30
 
January 2009
 
 
“Mae’n anghyfreithlon gwerthu cynhyrchion tybaco i unrhyw un a
 
 
anwyd ar neu ar ôl 1 Ionawr 2009”.
 
 
(3)
The notice must be displayed in a prominent position where it is readily
 
 
visible to people at each point of sale of tobacco products.
35
 
(4)
The notice must comply with any requirements set out in regulations made
 
 
by the Welsh Ministers as to the size or appearance of—
 

Page 4

 
(a)
the statement to be displayed on the notice, or
 
 
(b)
any other aspect of the notice.
 
 
(5)
Regulations under subsection (4) are subject to the negative resolution
 
 
procedure.
 
 
(6)
A person who fails to display an age of sale notice as required by this section
5
 
commits an offence.
 
 
(7)
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.
 
 
(8)
A person who commits an offence under this section is liable on summary
10
 
conviction to a fine not exceeding level 3 on the standard scale.
 

Snus etc

 
7
Ban on manufacture of snus etc
 
 
(1)
It is an offence to manufacture a relevant oral tobacco product.
 
 
(2)
In subsection (1) “relevant oral tobacco product” means a tobacco product
15
 
that—
 
 
(a)
is intended for oral use,
 
 
(b)
is not intended to be inhaled or chewed, and
 
 
(c)
consists wholly or partly of tobacco in powder or particulate form.
 
 
(3)
A person who commits an offence under this section is liable—
20
 
(a)
on summary conviction, to imprisonment for a term not exceeding
 
 
the general limit in a magistrates’ court, or a fine, or both;
 
 
(b)
on conviction on indictment, to imprisonment for a term not exceeding
 
 
2 years, or a fine, or both.
 
8
Ban of sales of snus etc
25
 
(1)
It is an offence to—
 
 
(a)
sell a relevant oral tobacco product, or
 
 
(b)
offer or expose a relevant oral tobacco product for sale.
 
 
(2)
In subsection (1) “relevant oral tobacco product” has the meaning given by
 
 
section 7 (2) .
30
 
(3)
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.
 
 
(4)
A person who commits an offence under this section is liable—
 
 
(a)
on summary conviction, to imprisonment for a term not exceeding
35
 
the general limit in a magistrates’ court, or a fine, or both;
 

Page 5

 
(b)
on conviction on indictment, to imprisonment for a term not exceeding
 
 
2 years, or a fine, or both.
 
9
Possession of snus etc with intent to supply
 
 
(1)
It is an offence for a person to have a relevant oral tobacco product in their
 
 
possession with intent to supply it to another in the course of business.
5
 
(2)
In subsection (1) “relevant oral tobacco product” has the meaning given by
 
 
section 7 (2) .
 
 
(3)
A person who commits an offence under this section is liable—
 
 
(a)
on summary conviction, to imprisonment for a term not exceeding
 
 
the general limit in a magistrates’ court, or a fine, or both;
10
 
(b)
on conviction on indictment, to imprisonment for a term not exceeding
 
 
2 years, or a fine, or both.
 

Sale of vaping and nicotine products etc

 
10
Sale of vaping or nicotine products to under 18s
 
 
(1)
It is an offence to sell a vaping product or nicotine product to a person who
15
 
is under the age of 18.
 
 
(2)
It is a defence for a person charged with an offence under this section to
 
 
prove—
 
 
(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
20
 
old, or
 
 
(b)
that they otherwise took all reasonable steps to avoid the commission
 
 
of the offence.
 
 
(3)
Before making regulations under subsection (2) (a) the Secretary of State must
 
 
obtain the consent of the Welsh Ministers if the regulations contain provision
25
 
which would be within the legislative competence of Senedd Cymru if
 
 
contained in an Act of the Senedd.
 
 
(4)
Regulations under subsection (2) (a) are subject to the negative resolution
 
 
procedure.
 
 
(5)
A person who commits an offence under this section is liable on summary
30
 
conviction to a fine not exceeding level 4 on the standard scale.
 
11
Purchase of vaping or nicotine products on behalf of under 18s
 
 
(1)
It is an offence for a person aged 18 or over to buy, or attempt to buy, a
 
 
vaping product or nicotine product on behalf of a person who is under the
 
 
age of 18.
35

Page 6

 
(2)
It is a defence for a person charged with an offence under this section to
 
 
prove that they had no reason to suspect that the other person was under
 
 
the age of 18.
 
 
(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.
5
12
Vaping and nicotine product vending machines
 
 
(1)
A person commits an offence if the person has the management or control
 
 
of premises on which a vape vending machine or a nicotine product vending
 
 
machine is available for use.
 
 
(2)
A person who commits an offence under this section is liable on summary
10
 
conviction to a fine not exceeding level 4 on the standard scale.
 
 
(3)
In this section—
 
 
“nicotine product vending machine” means a machine—
 
 
(a)
from which nicotine products may be bought, or
 
 
(b)
from which they are dispensed to a customer in connection
15
 
with a sale;
 
 
“vape vending machine” means a machine—
 
 
(a)
from which vaping products may be bought, or
 
 
(b)
from which they are dispensed to a customer in connection
 
 
with a sale.
20

Displays of products or prices

 
13
Displays of products or prices in England
 
 
(1)
The Secretary of State may by regulations impose prohibitions, requirements
 
 
or limitations on retailers in relation to—
 
 
(a)
the display, in the course of business, of relevant products in a place
25
 
in England where the products are offered for sale;
 
 
(b)
the display, in the course of business, of empty retail packaging of
 
 
relevant products in a place in England where the products are offered
 
 
for sale;
 
 
(c)
the display, in the course of business, of prices of relevant products
30
 
in a place in England where the products are offered for sale.
 
 
(2)
In subsection (1) “relevant products” means—
 
 
(a)
tobacco products,
 
 
(b)
tobacco related devices,
 
 
(c)
herbal smoking products,
35
 
(d)
cigarette papers,
 
 
(e)
vaping products, or
 
 
(f)
nicotine products.
 

Page 7

 
(3)
In subsection (1) (a) a reference to a product includes anything that represents
 
 
the product and that is intended to be exchanged for it at the point of sale.
 
 
(4)
Regulations under this section may create offences in relation to a failure to
 
 
comply with the regulations.
 
 
(5)
The regulations must provide for any offence to be triable either way and
5
 
punishable—
 
 
(a)
on summary conviction, to imprisonment for a term not exceeding
 
 
the general limit in a magistrates’ court, or a fine, or both;
 
 
(b)
on conviction on indictment, to imprisonment for a term not exceeding
 
 
2 years, or a fine, or both.
10
 
(6)
Before making regulations under this section the Secretary of State must
 
 
consult any persons the Secretary of State considers it appropriate to consult.
 
 
(7)
Regulations under this section are subject to the affirmative resolution
 
 
procedure.
 
14
Displays of products or prices in Wales
15
 
(1)
The Welsh Ministers may by regulations impose prohibitions, requirements
 
 
or limitations on retailers in relation to—
 
 
(a)
the display, in the course of business, of relevant products in a place
 
 
in Wales where the products are offered for sale;
 
 
(b)
the display, in the course of business, of empty retail packaging of
20
 
relevant products in a place in Wales where the products are offered
 
 
for sale;
 
 
(c)
the display, in the course of business, of prices of relevant products
 
 
in a place in Wales where the products are offered for sale.
 
 
(2)
In subsection (1) “relevant products” means—
25
 
(a)
tobacco products,
 
 
(b)
tobacco related devices,
 
 
(c)
herbal smoking products,
 
 
(d)
cigarette papers,
 
 
(e)
vaping products, or
30
 
(f)
nicotine products.
 
 
(3)
In subsection (1) (a) a reference to a product includes anything that represents
 
 
the product and that is intended to be exchanged for it at the point of sale.
 
 
(4)
Regulations under this section may create offences in relation to a failure to
 
 
comply with the regulations.
35
 
(5)
The regulations must provide for any offence to be triable either way and
 
 
punishable—
 
 
(a)
on summary conviction, to imprisonment for a term not exceeding
 
 
the general limit in a magistrates’ court, or a fine, or both;
 
 
(b)
on conviction on indictment, to imprisonment for a term not exceeding
40
 
2 years, or a fine, or both.
 

Page 8

 
(6)
Before making regulations under this section the Welsh Ministers must consult
 
 
any persons they consider it appropriate to consult.
 
 
(7)
Regulations under this section are subject to the affirmative resolution
 
 
procedure.
 

Free distribution and discounts

5
15
Free distribution and discount of products
 
 
(1)
A person commits an offence if—
 
 
(a)
the person—
 
 
(i)
gives away a product or coupon to a member of the public or
 
 
sells a product or coupon at a substantial discount, or
10
 
(ii)
causes or permits that to happen, and
 
 
(b)
either—
 
 
(i)
their purpose in doing so is to promote a relevant product, or
 
 
(ii)
the effect of their doing so is to promote a relevant product
 
 
and they know, or have reason to suspect, that will be the
15
 
effect.
 
 
(2)
In subsection (1) “relevant product” means—
 
 
(a)
a tobacco product,
 
 
(b)
a herbal smoking product,
 
 
(c)
cigarette papers,
20
 
(d)
a vaping product, or
 
 
(e)
a nicotine product.
 
 
(3)
Where a person is charged with an offence under this section of giving away
 
 
a vaping product or nicotine product, or a coupon for such a product, it is a
 
 
defence for the person to prove that the product or coupon was given away
25
 
in accordance with arrangements made by a public authority.
 
 
(4)
A person who commits an offence under this section is liable—
 
 
(a)
on summary conviction, to imprisonment for a term not exceeding
 
 
the general limit in a magistrates’ court, or a fine, or both;
 
 
(b)
on conviction on indictment, to imprisonment for a term not exceeding
30
 
2 years, or a fine, or both.
 
 
(5)
In this section “coupon” means anything (whether in physical or electronic
 
 
form) which, by itself or together with something else, can be redeemed for
 
 
a product or service or for cash or any other benefit.
 

Page 9

Retail licensing: England

 
 
16
Prohibition of retail sales of tobacco products etc in England without a
 

licence

 
 
(1)
An individual must not do any of the following things in England except
 
 
under the authority of and in accordance with a personal licence—
5
 
(a)
sell relevant products;
 
 
(b)
expose relevant products for sale;
 
 
(c)
possess relevant products for the purpose of their sale (by the
 
 
individual or another person).
 
 
(2)
A person must not use or permit the use of premises in England for any of
10
 
the following things except under the authority of and in accordance with a
 
 
premises licence—
 
 
(a)
the storage of relevant products for the purpose of their sale (by the
 
 
person or another person);
 
 
(b)
the exposure of relevant products for sale;
15
 
(c)
the supply of relevant products to retail customers.
 
 
(3)
The Secretary of State may by regulations create exceptions to the prohibition
 
 
in subsection (1) or (2) .
 
 
(4)
The Secretary of State must by regulations make provision for and in
 
 
connection with the grant of personal licences and premises licences.
20
 
(5)
Before making regulations under this section the Secretary of State making
 
 
them must consult any persons that the Secretary of State considers it
 
 
appropriate to consult.
 
 
(6)
Schedule 1 makes further provision about regulations under subsection (4) .
 
 
(7)
Regulations under this section are subject to the affirmative resolution
25
 
procedure.
 
 
(8)
In this section —
 
 
“grant” includes variation or renewal;
 
 
“licensing authority” has the meaning given by paragraph 2 of Schedule
 
 
1 ;
30
 
“personal licence” means a licence that is granted by a licensing authority
 
 
and authorises an individual to do the things mentioned in subsection
 
 
(1) (a) , (b) and (c) ;
 
 
“premises licence” means a licence that is granted by a licensing authority
 
 
and authorises the use of premises by a person for the things
35
 
mentioned in subsection (2) (a) , (b) and (c) ;
 
 
“relevant products” means—
 
 
(a)
tobacco products;
 
 
(b)
herbal smoking products;
 
 
(c)
cigarette papers;
40
 
(d)
vaping products;
 

Page 10

 
(e)
nicotine products;
 
 
“supply” includes despatch.
 
17
Offences in connection with licences: England
 
 
(1)
A person who breaches the prohibition in section 16 (1) or (2) commits an
 
 
offence.
5
 
(2)
A person commits an offence if—
 
 
(a)
the person provides information to a licensing authority—
 
 
(i)
in, or in connection with, an application for the grant of a
 
 
personal licence or a premises licence, or
 
 
(ii)
in pursuance of any other obligation imposed by or under
10
 
regulations made under section 16 (4) ,
 
 
(b)
the information is false or misleading in a material respect, and
 
 
(c)
the person knows, or ought reasonably to know, that the information
 
 
is false or misleading in a material respect.
 
 
(3)
A person who commits an offence under this section is liable on summary
15
 
conviction to a fine.
 
 
(4)
The court by which a person is convicted of an offence under subsection (1)
 
 
may order the relevant products to which the offence relates, and any container
 
 
for them, to be forfeited and either destroyed or dealt with in such other
 
 
manner as the court may order.
20
 
(5)
In this section —
 
 
“grant” includes variation or renewal;
 
 
“licensing authority” has the meaning given by paragraph 2 of Schedule
 
 
1 ;
 
 
“personal licence” has the meaning given by section 16 (8) ;
25
 
“premises licence” has the meaning given by section 16 (8) ;
 
 
“relevant product” has the meaning given by section 16 (8) .
 
18
Financial penalties for breach of licence conditions: England
 
 
(1)
A local weights and measures authority in England may impose a financial
 
 
penalty on a person if satisfied that—
30
 
(a)
the person has breached a condition attached to a personal licence or
 
 
a premises licence, and
 
 
(b)
the breach of that condition does not constitute an offence under
 
 
section 17 .
 
 
(2)
The amount of the financial penalty must not exceed £2,500.
35
 
(3)
The Secretary of State may by regulations amend the amount specified in
 
 
subsection (2) for the purpose of reflecting inflation.
 
 
(4)
Schedule 2 makes further provision about the imposition of financial penalties
 
 
under this section .
 

Page 11

 
(5)
Regulations under this section are subject to the negative resolution procedure.
 
 
(6)
In this section “personal licence” and “premises licence” have the meaning
 
 
given by section 16 (8) .
 

Retail licensing: Wales

 
19
Prohibition of retail sales of tobacco products etc in Wales without a licence
5
 
(1)
An individual must not do any of the following things in Wales except under
 
 
the authority of and in accordance with a personal licence—
 
 
(a)
sell relevant products;
 
 
(b)
expose relevant products for sale;
 
 
(c)
possess relevant products for the purpose of their sale (by the
10
 
individual or another person).
 
 
(2)
A person must not use or permit the use of premises in Wales for any of the
 
 
following things except under the authority of and in accordance with a
 
 
premises licence—
 
 
(a)
the storage of relevant products for the purpose of their sale (by the
15
 
person or another person);
 
 
(b)
the exposure of relevant products for sale;
 
 
(c)
the supply of relevant products to retail customers.
 
 
(3)
The Welsh Ministers may by regulations create exceptions to the prohibition
 
 
in subsection (1) or (2) .
20
 
(4)
The Welsh Ministers must by regulations make provision for and in connection
 
 
with the grant of personal licences and premises licences.
 
 
(5)
Before making regulations under this section the Welsh Ministers must consult
 
 
any persons that the Welsh Ministers consider it appropriate to consult.
 
 
(6)
Schedule 3 makes further provision about regulations under subsection (4) .
25
 
(7)
Regulations under this section are subject to the affirmative resolution
 
 
procedure.
 
 
(8)
In this section—
 
 
“grant” includes variation or renewal;
 
 
“licensing authority” , in relation to the doing of things or the use of
30
 
premises in a county or county borough in Wales, means the council
 
 
of the county or county borough;
 
 
“personal licence” means a licence that is granted by a licensing authority
 
 
and authorises an individual to do the things mentioned in subsection
 
 
(1) (a) , (b) and (c) ;
35
 
“premises licence” means a licence that is granted by a licensing authority
 
 
and authorises the use of premises by a person for the things
 
 
mentioned in subsection (2) (a) , (b) and (c) ;
 
 
“relevant products” means—
 

Page 12

 
(a)
tobacco products;
 
 
(b)
herbal smoking products;
 
 
(c)
cigarette papers;
 
 
(d)
vaping products;
 
 
(e)
nicotine products;
5
 
“supply” includes despatch.
 
20
Offences in connection with licences: Wales
 
 
(1)
A person who breaches the prohibition in section 19 (1) or (2) commits an
 
 
offence.
 
 
(2)
A person commits an offence if—
10
 
(a)
the person provides information to a licensing authority—
 
 
(i)
in, or in connection with, an application for the grant of a
 
 
personal licence or a premises licence, or
 
 
(ii)
in pursuance of any other obligation imposed by or under
 
 
regulations made under section 19 (4) ,
15
 
(b)
the information is false or misleading in a material respect, and
 
 
(c)
the person knows, or ought reasonably to know, that the information
 
 
is false or misleading in a material respect.
 
 
(3)
A person who commits an offence under this section is liable on summary
 
 
conviction to a fine.
20
 
(4)
The court by which a person is convicted of an offence under subsection (1)
 
 
may order the relevant products to which the offence relates, and any container
 
 
for them, to be forfeited and either destroyed or dealt with in such other
 
 
manner as the court may order.
 
 
(5)
In this section —
25
 
“grant” includes variation or renewal;
 
 
“licensing authority” , in relation to the doing of things or the use of
 
 
premises in a county or county borough in Wales, means the council
 
 
of the county or county borough;
 
 
“personal licence” has the meaning given by section 19 (8) ;
30
 
“premises licence” has the meaning given by section 19 (8) ;
 
 
“relevant product” has the meaning given by section 19 (8) .
 
21
Financial penalties for breach of licence conditions: Wales
 
 
(1)
A local weights and measures authority in Wales may impose a financial
 
 
penalty on a person if satisfied that—
35
 
(a)
the person has breached a condition attached to a personal licence or
 
 
a premises licence, and
 
 
(b)
the breach of that condition does not constitute an offence under
 
 
section 20 .
 
 
(2)
The amount of the financial penalty must not exceed £2,500.
40

Page 13

 
(3)
The Welsh Ministers may by regulations amend the amount specified in
 
 
subsection (2) for the purpose of reflecting inflation.
 
 
(4)
Schedule 4 makes further provision about the imposition of financial penalties
 
 
under this section.
 
 
(5)
Regulations under this section are subject to the negative resolution procedure.
5
 
(6)
In this section “personal licence” and “premises licence” have the meaning
 
 
given by section 19 (8) .
 
22
Repeal of register of retailers of tobacco and nicotine products in Wales etc
 
 
In the Public Health (Wales) Act 2017 (anaw 2), in Part 3 (tobacco and nicotine
 
 
products) omit Chapter 2 (retailers of tobacco and nicotine products).
10

Restricted premises orders

 
23
Restricted premises orders
 
 
(1)
Where a person convicted of a relevant offence is a persistent offender, the
 
 
person who brought the proceedings for the offence may by complaint to a
 
 
magistrates’ court apply for a restricted premises order to be made in respect
15
 
of the premises in relation to which the offence was committed (“the relevant
 
 
premises”).
 
 
(2)
A magistrates’ court may make the restricted premises order only if satisfied
 
 
that the applicant has complied with section 24 (1) (notice to interested
 
 
persons).
20
 
(3)
A “restricted premises order” is an order prohibiting the sale on the relevant
 
 
premises of any one or more of the following—
 
 
(a)
tobacco products;
 
 
(b)
herbal smoking products;
 
 
(c)
cigarette papers;
25
 
(d)
vaping products;
 
 
(e)
nicotine products.
 
 
(4)
The prohibition imposed by a restricted premises order applies to sales
 
 
whether made by the offender or any other person.
 
 
(5)
A restricted premises order has effect for the period specified in the order,
30
 
which may not exceed one year.
 
 
(6)
A restricted premises order is a local land charge and in respect of that charge
 
 
the applicant for the order is the originating authority for the purposes of the
 
 
Local Land Charges Act 1975.
 
 
(7)
A person convicted of a relevant offence is a “persistent offender” for the
35
 
purposes of this section if, on at least two other occasions within the period
 
 
of two years ending with the date of the offence, the person committed a
 
 
relevant offence in relation to the relevant premises.
 

Page 14

 
(8)
In this section “relevant offence” means—
 
 
(a)
an offence under any of the following provisions of this Part—
 
 
(i)
section 1 (sale of tobacco etc to people born on or after 1
 
 
January 2009);
 
 
(ii)
section 3 (tobacco vending machines);
5
 
(iii)
section 10 (sale of vaping or nicotine products to under 18s);
 
 
(iv)
section 12 (vaping and nicotine product vending machines);
 
 
(b)
an offence under any of the following (which are repealed by this
 
 
Act)—
 
 
(i)
section 7 of the Children and Young Persons Act 1933 (sale of
10
 
tobacco, etc., to under 18s);
 
 
(ii)
section 3A of the Children and Young Persons (Protection from
 
 
Tobacco) Act 1991 (tobacco vending machines);
 
 
(iii)
section 92 of the Children and Families Act 2014 (sale of
 
 
nicotine products to under 18s).
15
24
Restricted premises orders: interested persons
 
 
(1)
An applicant for a restricted premises order must, after making reasonable
 
 
enquiries, give notice of the application to anyone appearing to the applicant
 
 
to be an interested person.
 
 
(2)
An interested person may make representations to the court as to why the
20
 
order should not be made.
 
 
(3)
If a restricted premises order is made without an interested person having
 
 
been given a notice under subsection (1) , and without them having made
 
 
representations to the court, the person may by complaint apply to the court
 
 
for an order varying or discharging the restricted premises order.
25
 
(4)
On an application under subsection (3) the court may, after hearing the
 
 
interested person and the applicant for the restricted premises order, make
 
 
such order varying or discharging the restricted premises order as it considers
 
 
appropriate.
 
 
(5)
In this section “interested person”, in relation to an application for a restricted
30
 
premises order, means—
 
 
(a)
the occupier of the premises, and
 
 
(b)
any other person who has an interest in the premises.
 
25
Restricted premises orders: appeals
 
 
An appeal against an order made under section 23 or 24 may be brought to
35
 
the Crown Court.
 
26
Breach of restricted premises orders
 
 
(1)
A person commits an offence if the person—
 
 
(a)
sells anything in breach of a restricted premises order, and
 

Page 15

 
(b)
knows, or ought reasonably to know, that the sale is in breach of the
 
 
order.
 
 
(2)
It is a defence for a person charged with an offence under this section to
 
 
prove that the person took all reasonable steps to avoid the commission of
 
 
the offence.
5
 
(3)
A person who commits an offence under this section is liable on summary
 
 
conviction to a fine.
 
27
Power to extend restricted premises orders in Wales
 
 
(1)
The Welsh Ministers may by regulations amend section 23 so as to add an
 
 
offence to the definition of “relevant offence” where that offence is committed
10
 
on premises in Wales.
 
 
(2)
Regulations may be made under subsection (1) only if the additional offence
 
 
relates to tobacco products, herbal smoking products, cigarette papers, vaping
 
 
products or nicotine products.
 
 
(3)
Before making regulations under this section the Welsh Ministers must consult
15
 
any persons that they consider it appropriate to consult.
 
 
(4)
Regulations under this section are subject to the affirmative resolution
 
 
procedure.
 

Restricted sale orders

 
28
Restricted sale orders
20
 
(1)
Where a person convicted of a relevant offence is a persistent offender, the
 
 
person who brought the proceedings for the offence may by complaint to a
 
 
magistrates’ court apply for a restricted sale order against the offender.
 
 
(2)
A “restricted sale order” is an order prohibiting the offender—
 
 
(a)
from selling any one or more of the following—
25
 
(i)
tobacco products,
 
 
(ii)
herbal smoking products,
 
 
(iii)
cigarette papers,
 
 
(iv)
vaping products,
 
 
(v)
nicotine products,
30
 
(b)
from having any management functions in respect of any premises in
 
 
so far as those functions relate to the sale of anything listed in
 
 
paragraph (a) (i) to (v) .
 
 
(3)
A restricted sale order has effect for the period specified in the order, which
 
 
may not exceed one year.
35
 
(4)
A person convicted of a relevant offence is a “persistent offender” for the
 
 
purposes of this section if, on at least two other occasions within the period
 

Page 16

 
of two years ending with the date of the offence, the person committed a
 
 
relevant offence.
 
 
(5)
In this section “relevant offence” means—
 
 
(a)
an offence under any of the following provisions of this Part—
 
 
(i)
section 1 (sale of tobacco etc to people born on or after 1
5
 
January 2009);
 
 
(ii)
section 3 (tobacco vending machines);
 
 
(iii)
section 10 (sale of vaping or nicotine products to under 18s);
 
 
(iv)
section 12 (vaping and nicotine product vending machines);
 
 
(b)
an offence under any of the following (which are repealed by this
10
 
Act)—
 
 
(i)
section 7 of the Children and Young Persons Act 1933 (sale of
 
 
tobacco, etc., to under 18s);
 
 
(ii)
section 3A of the Children and Young Persons (Protection from
 
 
Tobacco) Act 1991 (tobacco vending machines);
15
 
(iii)
section 92 of the Children and Families Act 2014 (sale of
 
 
nicotine products to under 18s).
 
29
Restricted sale orders: appeals
 
 
An appeal against an order made under section 28 may be brought to the
 
 
Crown Court.
20
30
Breach of restricted sale orders
 
 
(1)
A person who fails to comply with a restricted sale order commits an offence.
 
 
(2)
It is a defence for a person charged with an offence under this section to
 
 
prove that the person took all reasonable steps to avoid the commission of
 
 
the offence.
25
 
(3)
A person who commits an offence under this section is liable on summary
 
 
conviction to a fine.
 

Offences by bodies

 
31
Liability of others for certain offences committed by bodies
 
 
(1)
Where an offence under section 26 is committed by a body and the offence
30
 
is committed with the consent or connivance of a relevant person in relation
 
 
to the body, or a person purporting to act in the capacity of a relevant person
 
 
in relation to the body, the person (as well as the body) commits the offence
 
 
and is liable to be proceeded against and punished accordingly.
 
 
(2)
Where any other offence under this Part , or under any regulations under
35
 
section 13 and 14 —
 

Page 17

 
(a)
is committed with the consent or connivance of a relevant person in
 
 
relation to the body, or a person purporting to act in the capacity of
 
 
a relevant person in relation to the body, or
 
 
(b)
is attributable to neglect on the part of such a person,
 
 
the person (as well as the body) commits the offence and is liable to be
5
 
proceeded against and punished accordingly.
 
 
(3)
In this section —
 
 
“body” means—
 
 
(a)
a body corporate,
 
 
(b)
a partnership, or
10
 
(c)
an unincorporated association;
 
 
“relevant person” means—
 
 
(a)
in relation to a body corporate other than one whose affairs
 
 
are managed by its members, a director, manager, secretary or
 
 
other similar officer of the body;
15
 
(b)
in relation to a limited liability partnership or other body
 
 
corporate whose affairs are managed by its members, a member
 
 
who exercises functions of management with respect to it;
 
 
(c)
in relation to a limited partnership, a general partner (within
 
 
the meaning given by section 3 of the Limited Partnerships
20
 
Act 1907);
 
 
(d)
in relation to any other partnership, a partner;
 
 
(e)
in relation to an unincorporated association, a person who
 
 
exercises functions of management with respect to it.
 

Enforcement functions

25
32
Enforcement by local weights and measures authorities
 
 
(1)
It is the duty of each local weights and measures authority to enforce within
 
 
its area the provisions of this Part and any regulations under section 13 or
 
 
14 .
 
 
(2)
In Schedule 5 to the Consumer Rights Act 2015 (investigatory powers), in
30
 
paragraph 10 (enforcer’s legislation), at the appropriate place (according to
 
 
date of enactment) insert—
 
 
“section 32 of the Tobacco and Vapes Act 2024.”
 
33
Programme of enforcement action: England
 
 
(1)
Each local weights and measures authority in England must, at least once a
35
 
year, consider—
 
 
(a)
whether it is appropriate to carry out a programme of enforcement
 
 
action in its area, and
 
 
(b)
if so, what that programme should involve.
 

Page 18

 
(2)
In subsection (1) “programme of enforcement action” means a programme
 
 
involving one or more of the following—
 
 
(a)
the investigation of complaints in respect of an alleged offence under
 
 
this Part or any regulations under section 13 ;
 
 
(b)
the bringing of prosecutions in respect of such an offence;
5
 
(c)
the taking of other measures intended to reduce the incidence of such
 
 
offences.
 
34
Programme of enforcement action: Wales
 
 
(1)
Each local weights and measures authority in Wales must, at least once a
 
 
year, consider—
10
 
(a)
whether it is appropriate to carry out a programme of enforcement
 
 
action in its area, and
 
 
(b)
if so, what that programme should involve.
 
 
(2)
In subsection (1) “programme of enforcement action” means a programme
 
 
involving one or more of the following—
15
 
(a)
the investigation of complaints in respect of an alleged offence that is
 
 
a listed offence;
 
 
(b)
the bringing of prosecutions in respect of a listed offence;
 
 
(c)
the taking of other measures intended to reduce the incidence of listed
 
 
offences.
20
 
(3)
In this section “listed offence” means—
 
 
(a)
an offence under any provision of this Part or regulations under section
 
 
14 , or
 
 
(b)
an offence under either of the following provisions of the Public Health
 
 
(Wales) Act 2017 (anaw 2)—
25
 
section 51A (offence of handing over tobacco etc. to people born
 
 
on or after 1 January 2009);
 
 
section 52 (offence of handing over vaping or nicotine products
 
 
to under 18s).
 

Powers of ministers to take over enforcement

30
35
Power of ministers to take over enforcement functions
 
 
(1)
The Secretary of State may direct that, in relation to cases of a particular
 
 
description or a particular case, the duty imposed by section 32 (1) on a local
 
 
weights and measures authority in England is to be discharged by the
 
 
Secretary of State and not by the authority.
35
 
(2)
The Welsh Ministers may direct that, in relation to cases of a particular
 
 
description or a particular case, the duty imposed by section 32 (1) on a local
 
 
weights and measures authority in Wales is to be discharged by the Welsh
 
 
Ministers and not by the authority.
 

Page 19

36
Power of ministers to take over proceedings
 
 
(1)
The Secretary of State may take over the conduct of any proceedings from a
 
 
local weights and measures authority in England in respect of an offence
 
 
committed under this Part or any regulations under section 13 .
 
 
(2)
The Welsh Ministers may take over the conduct of any proceedings from a
5
 
local weights and measures authority in Wales in respect of an offence
 
 
committed under this Part or any regulations under section 14 .
 

Fixed penalties

 
37
Fixed penalty notices
 
 
(1)
A local weights and measures authority that has reason to believe that a
10
 
person has committed an offence under, or under regulations made under,
 
 
any of the following may give the person a fixed penalty notice in respect of
 
 
the offence—
 
 
section 1 (sale of tobacco etc to people born on or after 1 January 2009);
 
 
section 2 (purchase of tobacco etc on behalf of others);
15
 
section 5 (age of sale notice at point of sale: England);
 
 
section 6 (age of sale notice at point of sale: Wales);
 
 
section 10 (sale of vaping or nicotine products to under 18s);
 
 
section 11 (purchase of vaping or nicotine products on behalf of under
 
 
18s);
20
 
section 13 (displays of products or prices in England);
 
 
section 14 (displays of products or prices in Wales);
 
 
section 15 (free distribution and discount of products);
 
 
section 17 (offences in connection with retail licences: England);
 
 
section 20 (offences in connection with retail licences: Wales).
25
 
(2)
A fixed penalty notice is a notice offering a person the opportunity to
 
 
discharge any liability to conviction for the offence to which the notice relates
 
 
by payment of an amount specified in the notice within the relevant period.
 
 
(3)
The amount specified in a fixed penalty notice in respect of an offence under
 
 
section 17 or 20 must be an amount equal to level 4 on the standard scale of
30
 
fines for summary offences.
 
 
(4)
The amount specified in a fixed penalty notice in respect of any other offence
 
 
must be £200.
 
 
(5)
For the purposes of this section “the relevant period” is the period of 28 days
 
 
beginning with the day on which the fixed penalty notice is given.
35
 
(6)
A fixed penalty notice must explain—
 
 
(a)
that the local weights and measures authority has reason to believe
 
 
that the person has committed the offence, and why,
 
 
(b)
the effect of subsection (7) , and
 
 
(c)
when and how payment may be made.
40

Page 20

 
(7)
Where a fixed penalty notice has been given to a person (and has not been
 
 
withdrawn)—
 
 
(a)
no proceedings may be instituted for the offence before the end of the
 
 
relevant period, and
 
 
(b)
the person may not be convicted of the offence if the person pays—
5
 
(i)
the full amount of the fixed penalty in the notice before the
 
 
end of the relevant period, or
 
 
(ii)
50% of that amount before the end of the period of 14 days
 
 
beginning with the day on which the relevant period starts.
 
 
(8)
Where proceedings are instituted for the offence after the end of the relevant
10
 
period, that period is to be disregarded for the purposes of calculating the
 
 
period mentioned in section 127(1) of the Magistrates’ Court Act 1980.
 
 
(9)
A fixed penalty notice given under this section may be withdrawn by the
 
 
local weights and measures authority that gave it at any time before a payment
 
 
is made in pursuance of the notice.
15
38
Fixed penalties: use of proceeds
 
 
(1)
Any sums received by a local weights and measures authority in pursuance
 
 
of fixed penalty notices given in respect of offences under section 17 or 20
 
 
must be paid into the relevant Consolidated Fund.
 
 
(2)
But before paying such sums into the relevant Consolidated Fund the local
20
 
weights and measures authority may deduct—
 
 
(a)
the costs of investigating offences to which the fixed penalty notices
 
 
relate, and
 
 
(b)
the costs of issuing the notices.
 
 
(3)
Any sums received by a local weights and measures authority in England in
25
 
pursuance of a fixed penalty notice given in respect of any offence other than
 
 
an offence under section 17 must be used in connection with their functions
 
 
under or under regulations made under—
 
 
(a)
this Act;
 
 
(b)
Part 1 of the Health Act 2006;
30
 
(c)
the Tobacco and Related Products Regulations 2016 (S.I. 2016/507).
 
 
(4)
Any sums received by a local weights and measures authority in Wales in
 
 
pursuance of a fixed penalty notice given in respect of any offence other than
 
 
an offence under section 20 must be used in connection with their functions
 
 
under or under regulations made under—
35
 
(a)
this Act;
 
 
(b)
the Tobacco and Related Products Regulations 2016 (S.I. 2016/507);
 
 
(c)
Part 3 of the Public Health (Wales) Act 2017.
 
 
(5)
In this section—
 
 
“fixed penalty notice” means a fixed penalty notice given under section
40
 
37 ;
 
 
“relevant Consolidated Fund” means—
 

Page 21

 
(a)
in relation to England, the Consolidated Fund;
 
 
(b)
in relation to Wales, the Welsh Consolidated Fund.
 
39
Power to change amount of fixed penalties
 
 
(1)
The Secretary of State may by regulations amend section 37 in relation to the
 
 
giving of fixed penalty notices by local weights and measures authorities in
5
 
England in respect of any offence other than an offence under section 17 so
 
 
as to—
 
 
(a)
change the amount which must be specified in notices, or
 
 
(b)
change the percentage discount for early payment.
 
 
(2)
The Welsh Ministers may by regulations amend section 37 in relation to the
10
 
giving of fixed penalty notices by local weights and measures authorities in
 
 
Wales in respect of any offence other than an offence under section 20 so as
 
 
to—
 
 
(a)
change the amount which must be specified in notices, or
 
 
(b)
change the percentage discount for early payment.
15
 
(3)
The amount mentioned in subsection (1) (a) or (2) (a) must not be changed to
 
 
an amount that exceeds level 3 on the standard scale of fines for summary
 
 
offences.
 
 
(4)
Regulations under this section are subject to the affirmative resolution
 
 
procedure.
20

Handing over tobacco etc to underage people in Wales

 
40
Handing over tobacco etc to underage people in Wales
 
 
Schedule 5 contains amendments to Chapter 4 of Part 3 of the Public Health
 
 
(Wales) Act 2017 (anaw 2) (handing over tobacco, cigarettes and nicotine
 
 
products to persons under 18), including—
25
 
(a)
amendments extending that Chapter to all vaping products,
 
 
(b)
amendments conferring a power to extend the products to which that
 
 
Chapter applies, and
 
 
(c)
amendments that are consequential on this Part .
 

Consequential, transitional and transitory provision

30
41
Consequential amendments to do with
 
 
(1)
See Schedule 6 for consequential amendments coming into force at the end
 
 
of the period of 6 months beginning with the day on which this Act is passed.
 
 
(2)
See Schedule 7 for consequential amendments coming into force on 1 January
 
 
2027.
35

Page 22

42
Application of programmes of enforcement to old age of sale offences
 
 
Sections 33 and 34 have effect in relation to times before 1 January 2027 as if
 
 
subsection (2) of each of those sections included a reference to—
 
 
(a)
an offence under section 7 of the Children and Young Persons Act
 
 
1933 (sale of tobacco, etc. to under 18s);
5
 
(b)
an offence under section 4 of the Children and Young Persons
 
 
(Protection from Tobacco) Act 1991 (age of sale notices).
 
43
Application of fixed penalty regime to old age of sale offences
 
 
(1)
Section 37 has effect in relation to times before 1 January 2027 as if subsection
 
 
(1) of that section included a reference to—
10
 
(a)
section 7 of the Children and Young Persons Act 1933 (sale of tobacco,
 
 
etc. to persons under eighteen);
 
 
(b)
section 91 of the Children and Families Act 2014 (purchase of tobacco
 
 
etc. on behalf of under 18s).
 
 
(2)
Section 38 has effect in relation to times before 1 January 2027 as if it included
15
 
a reference to section 91 of the Children and Families Act 2014 (purchase of
 
 
tobacco etc. on behalf of under 18s).
 
44
Transitional provision: general
 
 
(1)
In relation to times before 1 January 2027—
 
 
(a)
sections 23 (8) , 28 (5) and 37 (1) have effect as if they did not include a
20
 
reference to section 1 , 2 , 5 or 6 ;
 
 
(b)
a reference in section 31 (2) , 32 (1) , 33 (2) , 34 (3) or 36 (1) or (2) to “ this
 
 
Part ” does not include a reference to section 1 , 2 , 5 or 6 .
 
 
(2)
In relation to times before section 17 comes into force, section 37 (1) and (3)
 
 
have effect as if those provisions did not include a reference to that section.
25
 
(3)
In relation to times before section 20 comes into force, section 37 (1) and (3)
 
 
have effect as if those provisions did not include a reference to that section.
 
 
(4)
In relation to times before section 51A of the Public Health (Wales) Act 2017
 
 
(anaw 2) comes into force, section 34 (3) has effect as if it did not include a
 
 
reference to that section.
30
 
(5)
In relation to times before section 52 of the Public Health (Wales) Act 2017
 
 
(anaw 2) comes into force, section 34 (3) has effect as if it did not include a
 
 
reference to that section.
 
 
(6)
In relation to times before the repeal by this Act of the Tobacco Advertising
 
 
and Promotion Act 2002 comes fully into force (see Schedule 21 to this Act),
35
 
section 38 has effect as if it included a reference to that Act.
 

Page 23

Powers to adjust scope

 
45
Power to extend
 
 
(1)
The Secretary of State may by regulations amend this Part for the purpose
 
 
of extending any provision that applies in relation to a tobacco product to a
 
 
tobacco related device.
5
 
(2)
Before making regulations under this section the Secretary of State must
 
 
consult any persons the Secretary of State considers it appropriate to consult.
 
 
(3)
Before making regulations under this section 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
10
 
an Act of the Senedd.
 
 
(4)
Regulations under this section are subject to the affirmative resolution
 
 
procedure.
 

Crown application

 
46
Crown application
15
 
(1)
This Part and regulations made under it bind the Crown.
 
 
(2)
Nothing in this Part or regulations made under it makes the Crown criminally
 
 
liable.
 
 
(3)
The High Court may declare unlawful any act or omission for which the
 
 
Crown would be criminally liable if it were not for subsection (2) .
20
 
(4)
Subsection (2) does not affect the criminal liability of persons in the service
 
 
of the Crown.
 

Interpretation etc

 
47
Interpretation of Part 1
 
 
In this Part —
25
 
“cigarette papers” includes anything intended to be used for encasing
 
 
tobacco products or herbal smoking products for the purpose of
 
 
enabling them to be smoked;
 
 
“herbal smoking product” means a product consisting wholly or partly
 
 
of vegetable matter and intended to be smoked but not containing
30
 
tobacco;
 
 
“medical device” has the meaning given by the Medical Devices
 
 
Regulations 2002 (S.I. 2002/618);
 
 
“medicinal product” has the meaning given by the Human Medicines
 
 
Regulations 2012 (S.I. 2012/1916);
35
 
“nicotine product” has the meaning given by section 48 ;
 

Page 24

 
“premises” means any place (including a vehicle or moveable structure);
 
 
“retail packaging” , in relation to a product, means the packaging in which
 
 
it is, or is intended to be, presented for sale by retail;
 
 
“sell” means sell by retail;
 
 
“tobacco product” means a product consisting wholly or partly of tobacco
5
 
and intended to be smoked, sniffed, sucked, chewed or consumed in
 
 
any other way;
 
 
“tobacco related device” means—
 
 
(a)
a device, other than a vape, which enables a tobacco product
 
 
to be consumed (for example, a heated tobacco device or pipe),
10
 
or
 
 
(b)
an item which is intended to form part of such a device;
 
 
“tobacco retailer” means a person who carries on a business involving
 
 
the sale of tobacco products by retail;
 
 
“vape” means—
15
 
(a)
a device which—
 
 
(i)
vaporises substances, other than tobacco, for the purpose
 
 
of inhalation through a mouthpiece (whether or not it
 
 
also vaporises tobacco), and
 
 
(ii)
is not a medical device or a medicinal product, or
20
 
(b)
an item which is intended to form part of a device within
 
 
paragraph (a) (including anything intended to be attached to
 
 
it with a view to imparting flavour);
 
 
“vaping product” means—
 
 
(a)
a vape, or
25
 
(b)
a vaping substance;
 
 
“vaping substance” means a substance, other than tobacco, that is
 
 
intended to be vaporised by a vape;
 
 
“vaporises” includes aerosolises (and “vaporised” is to be construed
 
 
accordingly);
30
 
“vehicle” means every type of vehicle, including a vessel, aircraft and
 
 
hovercraft.
 
48
Meaning of “nicotine product”
 
 
(1)
In this Part “nicotine product” means—
 
 
(a)
a device which is intended to enable nicotine to be delivered into the
35
 
human body,
 
 
(b)
an item which is intended to form part of a device within paragraph
 
 
(a) ,
 
 
(c)
nicotine, or any substance containing nicotine, which is intended to
 
 
be delivered into the human body, or
40
 
(d)
an item containing anything within paragraph (c) .
 
 
(2)
But the following are not “nicotine products” for the purposes of this section—
 
 
(a)
a tobacco product;
 

Page 25

 
(b)
a herbal smoking product;
 
 
(c)
cigarette papers;
 
 
(d)
any device which is intended to be used for the consumption of tobacco
 
 
products or herbal smoking products;
 
 
(e)
a vaping product;
5
 
(f)
a medical device;
 
 
(g)
a medicinal product.
 

Part 2

 

Sale and distribution: Scotland

 

Sale of tobacco etc

10
49
Age of sale for tobacco products etc
 
 
(1)
The Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) is
 
 
amended as follows.
 
 
(2)
In section 4 (sale of tobacco products to persons under 18)—
 
 
(a)
in subsection (1), for “under the age of 18” substitute “born on or after
15
 
1 January 2009”;
 
 
(b)
in subsection (2)(a), for “under the age of 18 (“the customer”) to be
 
 
aged 18 or over” substitute “born on or after 1 January 2009 (“the
 
 
customer”) to have been born before that date”;
 
 
(c)
after subsection (5) insert—
20
 
“(6)
In this section “sell” means sell by retail.”;
 
 
(d)
in the heading, for “under 18” substitute “born on or after 1 January
 
 
2009”.
 
 
(3)
In section 4B (age verification policy)—
 
 
(a)
for subsection (3) substitute—
25
 
“(3)
An “age verification policy”—
 
 
(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, herbal smoking product or cigarette
30
 
papers on the premises (the “customer”) if it appears
 
 
to the person selling the tobacco product, 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);
35
 
(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
40

Page 26

 
product that the customer may be under the age of 25
 
 
(or such older age as may be specified in the policy).
 
 
(3A)
In relation to times before the end of 2033, the reference in
 
 
subsection (3) (a) to the customer being born on or after 1
 
 
January 2009 (or such earlier date as may be specified in the
5
 
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).”;
 
 
(b)
in subsection (4), for “(3)” substitute “ (3) (b) ”.
 
 
(4)
In section 6 (purchase of tobacco products on behalf of persons under 18)—
10
 
(a)
in subsection (1), for “under the age of 18” substitute “born on or after
 
 
1 January 2009”;
 
 
(b)
in the heading, for “under 18” substitute “born on or after 1 January
 
 
2009”.
 
 
(5)
In section 8 (display of warning statements), in subsection (2)(a), for “under
15
 
the age of 18” substitute “born on or after 1 January 2009”.
 
50
Sale of unpackaged cigarettes
 
 
(1)
The Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) is
 
 
amended as follows.
 
 
(2)
After section 4D insert—
20
“4E
Sale of unpackaged cigarettes
 
 
(1)
A person who sells cigarettes that are not in their original packaging
 
 
commits an offence.
 
 
(2)
A person guilty of an offence under subsection (1) is liable on summary
 
 
conviction to a fine not exceeding level 3 on the standard scale.
25
 
(3)
In this section—
 
 
“original packaging” means the retail packaging in which the
 
 
cigarettes were supplied to the person for the purpose of sale;
 
 
“sell” means sell by retail.”
 
 
(3)
In section 35(1), at the appropriate place insert—
30
 
““retail packaging” , in relation to a product, means the packaging in which
 
 
it is, or is intended to be, presented for sale by retail;”.
 
51
Repeal of offence of purchasing tobacco products by under 18s
 
 
(1)
The Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) is
 
 
amended as follows.
35
 
(2)
Omit section 5 (purchase of tobacco products by people under 18).
 
 
(3)
In section 33 (presumption as to contents of container), in subsection (1) omit
 
 
“, 5”.
 

Page 27

52
Repeal of power to confiscate tobacco products from persons under 18
 
 
Omit section 7 of the Tobacco and Primary Medical Services (Scotland) Act
 
 
2010 (asp 3) (confiscation of tobacco products from people under 18).
 
53
Extension of tobacco legislation to herbal smoking products
 
 
(1)
The Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) is
5
 
amended as follows.
 
 
(2)
In section 4 (sale of tobacco products to persons under 18), in subsection (1),
 
 
after “tobacco product” insert “, herbal smoking product”.
 
 
(3)
In section 4C (sale of tobacco etc by persons under 18), in subsection (1), after
 
 
“tobacco product” insert “, herbal smoking product”.
10
 
(4)
In section 6 (purchase of tobacco products on behalf of persons under 18), in
 
 
subsection (1), after “tobacco product” insert “, herbal smoking product”.
 
 
(5)
In section 35 (interpretation), in subsection (1), at the appropriate place insert—
 
 
““herbal smoking product” means a product consisting wholly or partly
 
 
of vegetable matter and intended to be smoked but not containing
15
 
tobacco,”.
 
54
Power to make provision about warning statements
 
 
(1)
In section 8 of the Tobacco and Primary Medical Services (Scotland) Act 2010
 
 
(asp 3) (display of warning statements), for subsection (5) substitute—
 
 
“(5)
The notice must comply with any requirements set out in regulations
20
 
made by the Scottish Ministers as to the size or appearance of—
 
 
(a)
the statement on the notice to be displayed in accordance with
 
 
this section, or
 
 
(b)
any other aspect of the notice.”
 
 
(2)
For the italic heading before section 7 of that Act substitute “Age of sale
25
 
notices”.
 

Snus etc

 
55
Ban on manufacture of snus etc
 
 
After section 9 of the Tobacco and Primary Medical Services (Scotland) Act
 
 
2010 (asp 3) insert—
30
 
“Snus etc
 
9A
Ban on manufacture of snus etc
 
 
(1)
It is an offence to manufacture a relevant oral tobacco product.
 

Page 28

 
(2)
In subsection (1) “relevant oral tobacco product” means a tobacco
 
 
product that—
 
 
(a)
is intended for oral use,
 
 
(b)
is not intended to be inhaled or chewed, and
 
 
(c)
consists wholly or partly of tobacco in powder or particulate
5
 
form.
 
 
(3)
A person guilty of an offence under this section is liable—
 
 
(a)
on summary conviction, to imprisonment for a term not
 
 
exceeding 12 months, or a fine not exceeding the statutory
 
 
maximum, or both;
10
 
(b)
on conviction on indictment, to imprisonment for a term not
 
 
exceeding 2 years, or a fine, or both.”
 
56
Ban on sales of snus etc
 
 
After section 9A of the Tobacco and Primary Medical Services (Scotland) Act
 
 
2010 (asp 3) (inserted by section 55 of this Act) insert—
15
“9B
Ban on sales of snus etc
 
 
(1)
It is an offence to—
 
 
(a)
sell a relevant oral tobacco product, or
 
 
(b)
offer or expose a relevant oral tobacco product for sale.
 
 
(2)
In subsection (1) “relevant oral tobacco product” has the meaning
20
 
given by section 9A (2) .
 
 
(3)
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.
 
 
(4)
A person guilty of an offence under this section is liable—
25
 
(a)
on summary conviction, to imprisonment for a term not
 
 
exceeding 12 months, or a fine not exceeding the statutory
 
 
maximum, or both;
 
 
(b)
on conviction on indictment, to imprisonment for a term not
 
 
exceeding 2 years, or a fine, or both.”
30
57
Possession of snus etc with intent to supply
 
 
(1)
After section 9B of the Tobacco and Primary Medical Services (Scotland) Act
 
 
2010 (asp 3) (inserted by section 56 of this Act) insert—
 
“9C
Possession of snus etc with intent to supply
 
 
(1)
It is an offence for a person to have a relevant oral tobacco product
35
 
in their possession with intent to supply it to another in the course of
 
 
business.
 
 
(2)
In subsection (1) “relevant oral tobacco product” has the meaning
 
 
given by section 9A (2) .
 

Page 29

 
(3)
A person guilty of an offence under this section is liable—
 
 
(a)
on summary conviction, to imprisonment for a term not
 
 
exceeding 12 months, or a fine not exceeding the statutory
 
 
maximum, or both;
 
 
(b)
on conviction on indictment, to imprisonment for a term not
5
 
exceeding 2 years, or a fine, or both.”
 

Vaping and nicotine products

 
58
Extension of offences to vaping and nicotine products
 
 
(1)
The Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) is
 
 
amended in accordance with subsections (2) to (7) .
10
 
(2)
In the italic heading before section 4, for “and nicotine vapour” substitute “,
 
 
vaping and nicotine”.
 
 
(3)
In section 4A (sale of nicotine vapour products to persons under 18)—
 
 
(a)
in subsection (1), for “nicotine vapour” substitute “vaping product or
 
 
nicotine”;
15
 
(b)
in the heading, for “nicotine vapour” substitute “vaping and nicotine”.
 
 
(4)
In section 4B (age verification policy)—
 
 
(a)
in subsection (1)(a) and (b), for “tobacco or nicotine vapour product
 
 
business” substitute “relevant business”;
 
 
(b)
after subsection (1) insert—
20
 
“(1A)
In this section “relevant business” means a business which
 
 
involves the sale of one or more of the following by retail—
 
 
(a)
tobacco products;
 
 
(b)
herbal smoking products;
 
 
(c)
vaping products;
25
 
(d)
nicotine products.”;
 
 
(c)
for subsection (2) substitute—
 
 
“(2)
Subsection (1) does not apply in relation to premises from
 
 
which—
 
 
(a)
a product mentioned in subsection (1A) or cigarette
30
 
papers are, in pursuance of a sale, despatched for
 
 
delivery to different premises, and
 
 
(b)
no other relevant business is carried on.”;
 
 
(d)
in subsection (3)—
 
 
(i)
for “tobacco product, cigarette papers or a nicotine vapour
35
 
product” substitute “product mentioned in subsection (1A) or
 
 
cigarette papers”;
 
 
(ii)
for “the tobacco product, cigarette papers or nicotine vapour
 
 
product” substitute “the product”;
 

Page 30

 
(e)
in subsection (5)(b) and (c), for “tobacco product, cigarette papers or
 
 
a nicotine vapour product” substitute “product mentioned in subsection
 
 
(1A) or cigarette papers”;
 
 
(f)
in subsection (6), for “tobacco or nicotine vapour product business”
 
 
substitute “relevant business”.
5
 
(5)
In section 4C (sale of tobacco or nicotine vapour products by persons under
 
 
18)—
 
 
(a)
in subsection (1), for “or a nicotine vapour” substitute “, a vaping
 
 
product or a nicotine”;
 
 
(b)
in the heading, for “or nicotine vapour” substitute “, vaping or
10
 
nicotine”.
 
 
(6)
In section 6A (purchase of nicotine vapour products on behalf of persons
 
 
under 18)—
 
 
(a)
in subsection (1), for “nicotine vapour” substitute “vaping or nicotine”;
 
 
(b)
in the heading for “nicotine vapour” substitute “vaping or nicotine”.
15
 
(7)
For section 9 substitute—
 
 
“Vending machines
 
9
Prohibited vending machines
 
 
(1)
A person who has the management or control of premises on which
 
 
a prohibited vending machine is available for use commits an offence.
20
 
(2)
A person guilty of an offence under subsection (1) is liable on summary
 
 
conviction to a fine not exceeding level 4 on the standard scale.
 
 
(3)
In this section, “prohibited vending machine” means 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—
25
 
(a)
tobacco products;
 
 
(b)
herbal smoking products;
 
 
(c)
cigarette papers;
 
 
(d)
vaping products;
 
 
(e)
nicotine products.”
30
 
(8)
In the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14)
 
 
omit section 7 (power to extend vending machine prohibition).
 
59
Meaning of “nicotine product”
 
 
Before section 36 of the Tobacco and Primary Medical Services (Scotland) Act
 
 
2010 (asp 3) insert—
35
“35B
Meaning of “nicotine product” in this Part
 
 
(1)
In this Part, a “nicotine product” is—
 
 
(a)
a device which is intended to enable nicotine to be delivered
 
 
into the human body,
 

Page 31

 
(b)
an item which is intended to form part of a device within
 
 
paragraph (a) ,
 
 
(c)
nicotine, or any substance containing nicotine, which is intended
 
 
to be delivered into the human body, or
 
 
(d)
an item containing anything within paragraph (c) .
5
 
(2)
But the following are not nicotine products—
 
 
(a)
a tobacco product;
 
 
(b)
a smoking related product;
 
 
(c)
a herbal smoking product;
 
 
(d)
any device which is intended to be used for the consumption
10
 
of tobacco products or herbal smoking products;
 
 
(e)
a vaping product;
 
 
(f)
a medicinal product;
 
 
(g)
a medical device.”
 

Age verification

15
60
Age verification in relation to tobacco and vaping products etc
 
 
(1)
The Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) is
 
 
amended as follows.
 
 
(2)
In section 4 (age restrictions on sale of tobacco products etc)—
 
 
(a)
in subsection (2), for paragraph (b) substitute—
20
 
“(b)
the accused had taken such steps as may be prescribed
 
 
to establish the customer’s age.”;
 
 
(b)
omit subsections (3) and (4).
 
 
(3)
In section 4A (age restrictions on sale of vaping products etc)—
 
 
(a)
in subsection (2), for paragraph (b) substitute—
25
 
“(b)
the accused had taken such steps as may be prescribed
 
 
to establish the customer’s age.”;
 
 
(b)
omit subsections (3) and (4).
 
 
(4)
In section 4B (age verification policy), in subsection (5) omit paragraph (b).
 

Displays of products or prices

30
61
Displays of vaping and nicotine products
 
 
(1)
The Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) is
 
 
amended as follows.
 

Page 32

 
(2)
After section 3 insert—
 
“3A
Display of products or prices
 
 
(1)
The Scottish Ministers may by regulations impose prohibitions,
 
 
requirements or limitations on retailers in relation to—
 
 
(a)
the display, in the course of business, of relevant products in
5
 
a place where those products are offered for sale;
 
 
(b)
the display, in the course of business, of empty retail packaging
 
 
of relevant products in a place where those products are offered
 
 
for sale;
 
 
(c)
the display, in the course of business, of prices of relevant
10
 
products in a place where those products are offered for sale.
 
 
(2)
In subsection (1) “relevant products” means—
 
 
(a)
herbal smoking products,
 
 
(b)
vaping products, or
 
 
(c)
nicotine products.
15
 
(3)
In subsection (1) (a) a reference to a product includes anything that
 
 
represents the product and that is intended to be exchanged for it at
 
 
the point of sale.
 
 
(4)
Regulations under this section may create offences in relation to a
 
 
failure to comply with the regulations.
20
 
(5)
The regulations must provide for any offence to be triable summarily
 
 
and punishable with a fine not exceeding level 4 on the standard scale.
 
 
(6)
For the purposes of subsection (1) , a website is not a place.
 
 
(7)
Before making regulations under this section the Scottish Ministers
 
 
must consult any persons they consider it appropriate to consult.”
25
 
(3)
In each of the following provisions after “Chapter 1 or 2” insert “or any
 
 
regulations made under those Chapters”—
 
 
section 15(3)(d) and (4)(b);
 
 
section 16(3)(a);
 
 
section 26(2)(a);
30
 
section 27(1);
 
 
section 32(1) and (4).
 
 
(4)
In section 26(2)(b), after “Chapters” insert “or any regulations made under
 
 
those Chapters”.
 
 
(5)
In section 33 (presumption as to contents of container), in subsection (1), at
35
 
the end insert “or under regulations made under section 3A ”.
 
 
(6)
In section 34 (offences by bodies corporate etc), in subsection (1)(a), after “this
 
 
Act” insert “or regulations made under it”.
 

Page 33

 
(7)
In section 40 (orders and regulations), in subsection (4), at the appropriate
 
 
place insert—
 
 
“section 3A (1)”.
 

Free distribution and discounts

 
62
Free distribution and discount of products
5
 
(1)
In the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3),
 
 
after section 8 insert—
 
 
“Free distribution etc
 
8A
Free distribution and discount of products
 
 
(1)
A person commits an offence if—
10
 
(a)
the person—
 
 
(i)
gives away a product or coupon to a member of the
 
 
public or sells by retail a product or coupon at a
 
 
substantial discount, or
 
 
(ii)
causes or permits that to happen, and
15
 
(b)
either—
 
 
(i)
their purpose in doing so is to promote a relevant
 
 
product, or
 
 
(ii)
the effect of their doing so is to promote a relevant
 
 
product and they know, or have reason to suspect, that
20
 
will be the effect.
 
 
(2)
In subsection (1) “relevant product” means—
 
 
(a)
a tobacco product,
 
 
(b)
a herbal smoking product,
 
 
(c)
a smoking related product,
25
 
(d)
a vaping product, or
 
 
(e)
a nicotine product.
 
 
(3)
A person who commits an offence under this section is liable—
 
 
(a)
on summary conviction, to imprisonment for a term not
 
 
exceeding 12 months, or a fine not exceeding the statutory
30
 
maximum, or both;
 
 
(b)
on conviction on indictment, to imprisonment for a term not
 
 
exceeding 2 years, or a fine, or both.
 
 
(4)
In this section “coupon” means anything (whether in physical or
 
 
electronic form) which, by itself or together with something else, can
35
 
be redeemed for a product or service or for cash or any other benefit.
 

Page 34

8B
Free distribution of products: defences
 
 
(1)
Where a person is charged with an offence under section 8A of giving
 
 
away a vaping product or nicotine product, or a coupon for such a
 
 
product, it is a defence for the person to prove that the product or
 
 
coupon was given away in accordance with arrangements made by a
5
 
public authority.
 
 
(2)
The Scottish Ministers may by regulations create further defences to
 
 
the offence under section 8A of giving away a vaping product or
 
 
nicotine product or a coupon for such a product.
 
 
(3)
Regulations under this section may amend this Part.”
10
 
(2)
In section 40 of that Act (orders and regulations), in subsection (4), at the
 
 
appropriate place insert—
 
 
“section 8B”.
 
 
(3)
In the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 omit
 
 
section 18.
15

Alignment of definitions

 
63
Alignment of definition of “tobacco product”
 
 
In the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3), in
 
 
section 35 (interpretation of Part 1), in subsection (1), for the definition of
 
 
“tobacco product” substitute—
20
 
““tobacco product” means a product consisting wholly or partly of tobacco
 
 
and intended to be smoked, sniffed, sucked, chewed or consumed in
 
 
any other way,”.
 
64
Alignment of definition of “vaping product”
 
 
Schedule 8 contains provision for the purposes of aligning the definition of
25
 
“vaping product” in the Tobacco and Primary Medical Services (Scotland)
 
 
Act 2010 (asp 3) with that used elsewhere in this Act.
 

Extension of retailer register etc

 
65
Extension of retailer register etc
 
 
Schedule 9 contains amendments to the Tobacco and Primary Medical Services
30
 
(Scotland) Act 2010 (asp 3) for the purposes of extending Chapter 2 of Part
 
 
1 of that Act (register of tobacco and nicotine vapour product retailers) so
 
 
that it applies in relation to herbal smoking products and nicotine products.
 

Page 35

Miscellaneous

 
66
Crown application of 2010 Act
 
 
In section 36 of the Tobacco and Primary Medical Services (Scotland) Act
 
 
2010 (asp 3) (Crown application), in subsection (3), after “on the application”
 
 
insert “of the Scottish Ministers or”.
5
67
Power to extend 2010 Act to other products
 
 
(1)
The Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) is
 
 
amended as follows.
 
 
(2)
After section 34 insert—
 
“34A
Power to extend this Part to other products
10
 
(1)
The Scottish Ministers may by regulations amend this Part for the
 
 
purpose of extending any provision that applies in relation to a tobacco
 
 
product to—
 
 
(a)
a device of a specified description which enables a tobacco
 
 
product to be consumed otherwise than by being smoked (for
15
 
example, a heated tobacco device);
 
 
(b)
an item which is intended to form part of such a device.
 
 
(2)
Before making regulations under this section the Scottish Ministers
 
 
must consult any persons they consider it appropriate to consult.
 
 
(3)
The Scottish Ministers may by regulations amend this Part for the
20
 
purpose of extending any provision that applies in relation to a tobacco
 
 
product to some or all smoking related products.”
 
 
(3)
In section 40 (orders and regulations), in subsection (4), at the appropriate
 
 
place insert—
 
 
“section 34A”.
25

Part 3

 

Sale and distribution: Northern Ireland

 

Sale of tobacco etc

 
68
Age of sale for tobacco products etc
 
 
For Article 3 of the Health and Personal Social Services (Northern Ireland)
30
 
Order 1978 (S.I. 1978/1907 (N.I. 26)) substitute—
 
“3
Sale of tobacco etc
 
 
(1)
It is an offence to sell any of the following to a person born on or after
 
 
1 January 2009—
 
 
(a)
a tobacco product;
35

Page 36

 
(b)
a herbal smoking product;
 
 
(c)
cigarette papers.
 
 
(2)
It is a defence for a person charged with an offence under this Article
 
 
to prove—
 
 
(a)
that they took such steps as may be specified in regulations
5
 
made by the Department to verify that the customer was born
 
 
before 1 January 2009, or
 
 
(b)
that they otherwise took all reasonable steps to avoid the
 
 
commission of the offence.
 
 
(3)
Regulations under paragraph (2) (a) are subject to negative resolution.
10
 
(4)
A person guilty of an offence under this Article is liable on summary
 
 
conviction to a fine not exceeding level 5 on the standard scale.”
 
69
Purchase of tobacco on behalf of others
 
 
For Article 4A of the Health and Personal Social Services (Northern Ireland)
 
 
Order 1978 (S.I. 1978/1907 (N.I. 26)) substitute—
15
 
“4A
Purchase of tobacco etc on behalf of persons born on or after 1 January
 
 
2009
 
 
(1)
It is an offence for a person aged 18 or over to buy, or attempt to buy,
 
 
any of the following on behalf of a person born on or after 1 January
 
 
2009—
20
 
(a)
a tobacco product;
 
 
(b)
a herbal smoking product;
 
 
(c)
cigarette papers.
 
 
(2)
It is a defence for a person charged with an offence under this Article
 
 
to prove that they had no reason to suspect that the other person was
25
 
born on or after 1 January 2009.
 
 
(3)
It is a defence for a person charged with an offence under this Article
 
 
in respect of cigarette papers to prove that they had no reason to
 
 
suspect that the other person intended to use the papers for smoking.
 
 
(4)
A person guilty of an offence under this Article is liable on summary
30
 
conviction to a fine not exceeding level 5 on the standard scale.”
 
70
Tobacco vending machines
 
 
After Article 4A of the Health and Personal Social Services (Northern Ireland)
 
 
Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section 69 of this Act) insert—
 
“4B
Tobacco vending machines
35
 
(1)
A person commits an offence if the person has the management or
 
 
control of premises on which a tobacco vending machine is available
 
 
for use.
 

Page 37

 
(2)
A person guilty of an offence under this Article is liable on summary
 
 
conviction to a fine not exceeding level 5 on the standard scale.
 
 
(3)
In this Article “tobacco vending machine” means 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—
5
 
(a)
tobacco products,
 
 
(b)
herbal smoking products, or
 
 
(c)
cigarette papers.”
 
71
Sale of unpackaged cigarettes
 
 
After Article 4B of the Health and Personal Social Services (Northern Ireland)
10
 
Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section 70 of this Act) insert—
 
“4C
Sale of unpackaged cigarettes
 
 
(1)
It is an offence for a tobacco retailer to sell cigarettes that are not in
 
 
their original packaging.
 
 
(2)
A person guilty of an offence under this Article is liable on summary
15
 
conviction to a fine not exceeding level 3 on the standard scale.
 
 
(3)
In this Article “original packaging” means the retail packaging in
 
 
which the cigarettes were supplied to the tobacco retailer for the
 
 
purpose of sale.”
 
72
Age of sale notice at point of sale
20
 
After Article 4C of the Health and Personal Social Services (Northern Ireland)
 
 
Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section 71 of this Act) insert—
 
“4D
Age of sale notice at point of sale
 
 
(1)
A tobacco retailer must display an age of sale notice at any premises
 
 
at which they sell tobacco products.
25
 
(2)
For the purposes of this Article an “age of sale notice” is a notice
 
 
containing the following statement—
 
 
“It is illegal to sell tobacco products to anyone born on or after
 
 
1 January 2009”.
 
 
(3)
The notice must be displayed in a prominent position where it is
30
 
readily visible to people at each point of sale of tobacco products.
 
 
(4)
The notice must comply with any requirements set out in regulations
 
 
made by the Department as to the size or appearance of—
 
 
(a)
the statement on the notice, or
 
 
(b)
any other aspect of the notice.
35
 
(5)
Regulations under paragraph (4) are subject to negative resolution.
 

Page 38

 
(6)
A person who fails to display an age of sale notice as required by this
 
 
Article commits an offence.
 
 
(7)
It is a defence for a person charged with an offence under this Article
 
 
to prove that they took all reasonable steps to avoid the commission
 
 
of the offence.
5
 
(8)
A person guilty of an offence under this Article is liable on summary
 
 
conviction to a fine not exceeding level 3 on the standard scale.
 

Snus etc

 
73
Ban on manufacture of snus etc
 
 
After Article 4D of the Health and Personal Social Services (Northern Ireland)
10
 
Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section 72 of this Act) insert—
 
 
“Snus etc
 
4E
Ban on manufacture of snus etc
 
 
(1)
It is an offence to manufacture a relevant oral tobacco product.
 
 
(2)
In paragraph (1) “relevant oral tobacco product” means a tobacco
15
 
product that—
 
 
(a)
is intended for oral use,
 
 
(b)
is not intended to be inhaled or chewed, and
 
 
(c)
consists wholly or partly of tobacco in powder or particulate
 
 
form.
20
 
(3)
A person guilty of an offence under this Article is liable—
 
 
(a)
on summary conviction, to imprisonment for a term not
 
 
exceeding 6 months, or a fine not exceeding the statutory
 
 
maximum, or both;
 
 
(b)
on conviction on indictment, to imprisonment for a term not
25
 
exceeding 2 years, or a fine, or both.”
 
74
Ban of sales of snus etc
 
 
After Article 4E of the Health and Personal Social Services (Northern Ireland)
 
 
Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section 73 of this Act) insert—
 
“4F
Ban on sales of snus etc
30
 
(1)
It is an offence to—
 
 
(a)
sell a relevant oral tobacco product, or
 
 
(b)
offer or expose a relevant oral tobacco product for sale.
 
 
(2)
In paragraph (1) “relevant oral tobacco product” has the meaning
 
 
given by Article 4E (2) .
35

Page 39

 
(3)
It is a defence for a person charged with an offence under this Article
 
 
to prove that they took all reasonable steps to avoid the commission
 
 
of the offence.
 
 
(4)
A person guilty of an offence under this Article is liable—
 
 
(a)
on summary conviction, to imprisonment for a term not
5
 
exceeding 6 months, or a fine not exceeding the statutory
 
 
maximum, or both;
 
 
(b)
on conviction on indictment, to imprisonment for a term not
 
 
exceeding 2 years, or a fine, or both.”
 
75
Possession of snus etc with intent to supply
10
 
(1)
After Article 4F of the Health and Personal Social Services (Northern Ireland)
 
 
Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section 74 of this Act) insert—
 
“4G
Possession of snus etc with intent to supply
 
 
(1)
It is an offence for a person to have a relevant oral tobacco product
 
 
in their possession with intent to supply it to another in the course of
15
 
business.
 
 
(2)
In paragraph (1) “relevant oral tobacco product” has the meaning
 
 
given by Article 4E (2) .
 
 
(3)
A person guilty of an offence under this Article is liable—
 
 
(a)
on summary conviction, to imprisonment for a term not
20
 
exceeding 6 months, or a fine not exceeding the statutory
 
 
maximum, or both;
 
 
(b)
on conviction on indictment, to imprisonment for a term not
 
 
exceeding 2 years, or a fine, or both.”
 

Vaping and nicotine products

25
76
Sale of vaping or nicotine products to under 18s
 
 
After Article 4G of Health and Personal Social Services (Northern Ireland)
 
 
Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section 75 of this Act) insert—
 
 
“Vaping and nicotine products
 
4H
Sale of vaping or nicotine products to under 18s
30
 
(1)
It is an offence to sell a vaping product or nicotine product to a person
 
 
who is under the age of 18.
 
 
(2)
It is a defence for a person charged with an offence under this Article
 
 
to prove—
 
 
(a)
that they took such steps as may be specified in regulations
35
 
made by the Department to verify that the customer was at
 
 
least 18 years old, or
 

Page 40

 
(b)
that they otherwise took all reasonable steps to avoid the
 
 
commission of the offence.
 
 
(3)
Regulations under paragraph (2) (a) are subject to negative resolution.
 
 
(4)
A person guilty of an offence under this Article is liable on summary
 
 
conviction to a fine not exceeding level 5 on the standard scale.”
5
77
Purchase of vaping or nicotine products on behalf of under 18s
 
 
(1)
The Health and Personal Social Services (Northern Ireland) Order 1978 (S.I.
 
 
1978/1907 (N.I. 26)) is amended as follows.
 
 
(2)
After Article 4H (inserted by section 76 of this Act) substitute—
 
“4I
Purchase of vaping or nicotine products on behalf of under 18s
10
 
(1)
It is an offence for a person aged 18 or over to buy, or attempt to buy,
 
 
a vaping product or nicotine product on behalf of a person who is
 
 
under the age of 18.
 
 
(2)
It is a defence for a person charged with an offence under this Article
 
 
to prove that they had no reason to suspect that the other person was
15
 
under the age of 18.
 
 
(3)
A person guilty of an offence under this Article is liable on summary
 
 
conviction to a fine not exceeding level 5 on the standard scale.”
 
 
(3)
In Article 4A (purchase of tobacco or nicotine products on behalf of persons
 
 
under 18)—
20
 
(a)
in paragraph (1), for “tobacco, cigarette papers or a relevant nicotine
 
 
product” substitute “tobacco products, herbal smoking products or
 
 
cigarette papers”;
 
 
(b)
in the heading, for “or nicotine products” substitute “etc”.
 
78
Vaping and nicotine product vending machines
25
 
After Article 4I of the Health and Personal Social Services (Northern Ireland)
 
 
Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section 77 of this Act) insert—
 
“4J
Vaping and nicotine product vending machines
 
 
(1)
A person commits an offence if the person has the management or
 
 
control of premises on which a vape vending machine or a nicotine
30
 
product vending machine is available for use.
 
 
(2)
A person guilty of an offence under this Article is liable on summary
 
 
conviction to a fine not exceeding level 5 on the standard scale.
 
 
(3)
In this Article—
 
 
“nicotine product vending machine” means a machine—
35
 
(a)
from which nicotine products may be bought, or
 
 
(b)
from which they are dispensed to a customer in
 
 
connection with a sale;
 

Page 41

 
“vape vending machine” means a machine—
 
 
(a)
from which vaping products may be bought, or
 
 
(b)
from which they are dispensed to a customer in
 
 
connection with a sale.”
 

Displays of products or prices

5
79
Displays of products and prices in Northern Ireland
 
 
After Article 4J of the Health and Personal Social Services (Northern Ireland)
 
 
Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section 78 ) insert—
 
 
“Displays of products or prices
 
4K
Displays of products or prices
10
 
(1)
The Department may by regulations impose prohibitions, requirements
 
 
or limitations on retailers in relation to—
 
 
(a)
the display, in the course of business, of relevant products in
 
 
a place where those products are offered for sale;
 
 
(b)
the display, in the course of business, of empty retail packaging
15
 
of relevant products in a place where those products are offered
 
 
for sale;
 
 
(c)
the display, in the course of business, of prices of relevant
 
 
products in a place where those products are offered for sale.
 
 
(2)
In paragraph (1) “relevant product” means—
20
 
(a)
tobacco products,
 
 
(b)
tobacco related devices,
 
 
(c)
herbal smoking products,
 
 
(d)
cigarette papers,
 
 
(e)
vaping products, or
25
 
(f)
nicotine products.
 
 
(3)
In paragraph (1) (a) a reference to a product includes anything that
 
 
represents the product and that is intended to be exchanged for it at
 
 
the point of sale.
 
 
(4)
Regulations under paragraph (1) may create offences in relation to a
30
 
failure to comply with the regulations.
 
 
(5)
The regulations must provide for any offence to be triable on
 
 
indictment or summarily and punishable—
 
 
(a)
on summary conviction, to imprisonment for a term not
 
 
exceeding 6 months, or a fine not exceeding the statutory
35
 
maximum, or both;
 
 
(b)
on conviction on indictment, to imprisonment for a term not
 
 
exceeding 2 years, or a fine, or both.
 

Page 42

 
(6)
Before making regulations under this Article the Department must
 
 
consult any persons it considers it appropriate to consult.
 
 
(7)
Regulations may not be made by the Department under this Article
 
 
unless a draft of the regulations has been laid before and approved
 
 
by a resolution of the Assembly.”
5

Free distribution and discounts

 
80
Free distribution and discount of products
 
 
After Article 4K of the Health and Personal Social Services (Northern Ireland)
 
 
Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section 79 ) insert—
 
 
“Free distribution and discounts
10
4L
Free distribution and discounts of products
 
 
(1)
A person commits an offence if—
 
 
(a)
the person—
 
 
(i)
gives away a product or coupon to a member of the
 
 
public or sells a product or coupon at a substantial
15
 
discount, or
 
 
(ii)
causes or permits that to happen, and
 
 
(b)
either—
 
 
(i)
their purpose in doing so is to promote a relevant
 
 
product, or
20
 
(ii)
the effect of their doing so is to promote a relevant
 
 
product and they know, or have reason to suspect, that
 
 
will be the effect.
 
 
(2)
In paragraph (1) “relevant product” means—
 
 
(a)
a tobacco product,
25
 
(b)
a herbal smoking product,
 
 
(c)
cigarette papers,
 
 
(d)
a vaping product, or
 
 
(e)
a nicotine product.
 
 
(3)
Where a person is charged with an offence under this Article of giving
30
 
away a vaping product or nicotine product, or a coupon for such a
 
 
product, it is a defence for the person to prove that the product or
 
 
coupon was given away in accordance with arrangements made by a
 
 
public authority.
 
 
(4)
A person guilty of an offence under this Article is liable—
35
 
(a)
on summary conviction, to imprisonment for a term not
 
 
exceeding 6 months, or a fine not exceeding the statutory
 
 
maximum, or both;
 

Page 43

 
(b)
on conviction on indictment, to imprisonment for a term not
 
 
exceeding 2 years, or a fine, or both.
 
 
(5)
In this Article “coupon” means anything (whether in physical or
 
 
electronic form) which, by itself or together with something else, can
 
 
be redeemed for a product or service or for cash or any other benefit.”
5

Enforcement

 
81
Programme of enforcement action by district councils
 
 
Before Article 7 of the Health and Personal Social Services (Northern Ireland)
 
 
Order 1978 (S.I. 1978/1907 (N.I. 26)) insert—
 
 
“Enforcement
10
6A
Programme of enforcement action by district councils
 
 
(1)
Each district council must, at least once a year, consider—
 
 
(a)
whether it is appropriate to carry out a programme of
 
 
enforcement action in its area, and
 
 
(b)
if so, what that programme should involve.
15
 
(2)
In paragraph (1) “programme of enforcement action” means a
 
 
programme involving one or more of the following—
 
 
(a)
the investigation of complaints in respect of an alleged offence
 
 
under—
 
 
(i)
this Part or regulations under Article 4K , or
20
 
(ii)
the Tobacco Retailers Act (Northern Ireland) 2014;
 
 
(b)
the bringing of prosecutions in respect of such an offence;
 
 
(c)
the taking of other measures intended to reduce the incidence
 
 
of such offences.”
 

Interpretation of 1978 Order

25
82
Interpretation of 1978 Order
 
 
For Article 7 of the Health and Personal Social Services (Northern Ireland)
 
 
Order 1978 (S.I. 1978/1907 (N.I. 26)) substitute—
 
 
“Interpretation
 
7
Interpretation of Part 2
30
 
In this Part—
 
 
“cigarette papers” includes anything intended to be used for
 
 
encasing tobacco products or herbal smoking products for the
 
 
purpose of enabling them to be smoked;
 

Page 44

 
“herbal smoking product” means a product consisting wholly or
 
 
partly of vegetable matter and intended to be smoked but not
 
 
containing tobacco;
 
 
“medical device” has the meaning given by the Medical Devices
 
 
Regulations 2002 (S.I. 2002/618);
5
 
“medicinal product” has the meaning given by the Human
 
 
Medicines Regulations 2012 (S.I. 2012/1916);
 
 
“nicotine product” has the meaning given by Article 7A ;
 
 
“premises” means any place (including a vehicle or moveable
 
 
structure);
10
 
“retail packaging” , in relation to a thing, means the packaging in
 
 
which it is, or is intended to be, presented for sale by retail;
 
 
“sell” means sell by retail;
 
 
“tobacco product” means a product consisting wholly or partly
 
 
of tobacco and intended to be smoked, sniffed, sucked, chewed
15
 
or consumed in any other way;
 
 
“tobacco related device” means—
 
 
(a)
a device, other than a vape, which enables a tobacco
 
 
product to be consumed (for example, a heated tobacco
 
 
device or pipe), or
20
 
(b)
an item which is intended to form part of such a device;
 
 
“tobacco retailer” means a person who carries on a business
 
 
involving the sale of tobacco products by retail;
 
 
“vape” means—
 
 
(a)
a device which—
25
 
(i)
vaporises substances, other than tobacco, for the
 
 
purpose of inhalation through a mouthpiece
 
 
(whether or not it also vaporises tobacco), and
 
 
(ii)
is not a medical device or a medicinal product,
 
 
or
30
 
(b)
an item which is intended to form part of a device
 
 
within paragraph (a) (including anything intended to
 
 
be attached to it with a view to imparting flavour);
 
 
“vaping product” means—
 
 
(a)
a vape, or
35
 
(b)
a vaping substance;
 
 
“vaping substance” means a substance, other than tobacco, that
 
 
is intended to be vaporised by a vape;
 
 
“vaporises” includes aerosolises;
 
 
“vehicle” means every type of vehicle, including a vessel, aircraft
40
 
and hovercraft.
 
7A
Meaning of nicotine product
 
 
(1)
In this Part “nicotine product” means—
 

Page 45

 
(a)
a device which is intended to enable nicotine to be delivered
 
 
into the human body,
 
 
(b)
an item which is intended to form part of a device within
 
 
sub-paragraph (a) ,
 
 
(c)
nicotine, or any substance containing nicotine, which is intended
5
 
to be delivered into the human body, or
 
 
(d)
an item containing anything within sub-paragraph (c) .
 
 
(2)
But the following are not “nicotine products” for the purposes of this
 
 
Article—
 
 
(a)
a tobacco product;
10
 
(b)
a herbal smoking product;
 
 
(c)
cigarette papers;
 
 
(d)
any device which is intended to be used for the consumption
 
 
of tobacco products;
 
 
(e)
a vaping product;
15
 
(f)
a medical device;
 
 
(g)
a medicinal product.”
 

Retailer register and licensing

 
83
Extension of retailer register
 
 
Schedule 10 amends the Tobacco Retailers Act (Northern Ireland) 2014 (c. 4
20
 
(N.I.)) to extend certain provisions about the registration of tobacco retailers
 
 
so that they apply in relation to retailers of vaping products and nicotine
 
 
products.
 
84
Prohibition of retail sales of tobacco products etc without a licence
 
 
(1)
After section 4 of the Tobacco Retailers Act (Northern Ireland) 2014 (c. 4
25
 
(N.I.)) insert—
 
 
“Licensing of retail sales of tobacco products etc
 
4A
Prohibition of retail sales of tobacco products etc without a licence
 
 
(1)
An individual must not do any of the following things except under
 
 
the authority of and in accordance with a personal licence—
30
 
(a)
sell relevant products;
 
 
(b)
expose relevant products for sale;
 
 
(c)
possess relevant products for the purpose of their sale (by the
 
 
individual or another person).
 
 
(2)
A person must not use or permit the use of premises for any of the
35
 
following things except under the authority of and in accordance with
 
 
a premises licence—
 

Page 46

 
(a)
the storage of relevant products for the purpose of their sale
 
 
(by the person or another person);
 
 
(b)
the exposure of relevant products for sale;
 
 
(c)
the supply of relevant products to retail customers.
 
 
(3)
Regulations may create exceptions to the prohibition in subsection (1)
5
 
or (2).
 
 
(4)
Regulations must make provision for and in connection with the grant
 
 
of personal licences and premises licences.
 
 
(5)
Before making regulations under this section the Department must
 
 
consult any persons the Department considers it appropriate to consult.
10
 
(6)
Schedule 1 makes further provision about regulations under subsection
 
 
(4).
 
 
(7)
In this section—
 
 
“grant” includes variation or renewal;
 
 
“licensing authority” has the meaning given by paragraph 2 of
15
 
Schedule 1;
 
 
“personal licence” means a licence that is granted by a licensing
 
 
authority and authorises an individual to do the things
 
 
mentioned in subsection (1)(a), (b) and (c);
 
 
“premises licence” means a licence that is granted by a licensing
20
 
authority and authorises the use of premises by a person for
 
 
the things mentioned in subsection (2)(a), (b) and (c);
 
 
“relevant products” means—
 
 
(a)
tobacco products;
 
 
(b)
herbal smoking products;
25
 
(c)
cigarette papers;
 
 
(d)
vaping products;
 
 
(e)
nicotine products;
 
 
“sell” means sell by retail;
 
 
“supply” includes despatch.
30
4B
Offences in connection with licences
 
 
(1)
A person who breaches the prohibition in section 4A(1) or (2) commits
 
 
an offence.
 
 
(2)
A person commits an offence if—
 
 
(a)
the person provides information to a licensing authority—
35
 
(i)
in, or in connection with, an application for the grant
 
 
of a personal licence or a premises licence, or
 
 
(ii)
in pursuance of any other obligation imposed by or
 
 
under regulations made under section 4A(4),
 
 
(b)
the information is false or misleading in a material respect, and
40

Page 47

 
(c)
the person knows, or ought reasonably to know, that the
 
 
information is false or misleading in a material respect.
 
 
(3)
A person who commits an offence under this section is liable on
 
 
summary conviction to a fine not exceeding level 5 on the standard
 
 
scale.
5
 
(4)
The court by which a person is convicted of an offence under
 
 
subsection (1) may order the relevant products to which the offence
 
 
relates, and any container for them, to be forfeited and either destroyed
 
 
or dealt with in such other manner as the court may order.
 
 
(5)
In this section—
10
 
“grant” includes variation or renewal;
 
 
“licensing authority” has the meaning given by paragraph 2 of
 
 
Schedule 1;
 
 
“personal licence” has the meaning given by section 4A(7);
 
 
“premises licence” has the meaning given by section 4A(7);
15
 
“relevant product” has the meaning given by section 4A(7).
 
4C
Financial penalties for breach of licence conditions
 
 
(1)
A council may impose a financial penalty on a person if satisfied that—
 
 
(a)
the person has breached a condition attached to a personal
 
 
licence or a premises licence, and
20
 
(b)
the breach of that condition does not constitute an offence
 
 
under section 4B.
 
 
(2)
The amount of the financial penalty must not exceed £2,500.
 
 
(3)
Regulations may amend the amount specified in subsection (2) for the
 
 
purpose of reflecting inflation.
25
 
(4)
Schedule 2 makes further provision about the imposition of financial
 
 
penalties under this section.
 
 
(5)
In this section “personal licence” and “premises licence” have the
 
 
meaning given by section 4A(7).”
 
 
(2)
Schedule 11 inserts new Schedule 1 to the Tobacco Retailers Act (Northern
30
 
Ireland) 2014 , relating to the grant of personal licences and premises licences.
 
 
(3)
Schedule 12 inserts new Schedule 2 to the Tobacco Retailers Act (Northern
 
 
Ireland) 2014 , relating to the imposition of financial penalties.
 
 
(4)
Schedule 13 contains consequential amendments relating to the licensing of
 
 
retail sales of tobacco products etc.
35

Page 48

Powers to extend legislation

 
85
Power to extend legislation to other products
 
 
(1)
After Article 6A of the Health and Personal Social Services (Northern Ireland)
 
 
Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section 81 of this Act) insert—
 
 
“Power to extend this Part
5
6B
Power to extend this Part to other products
 
 
(1)
The Department may by regulations amend this Part for the purpose
 
 
of extending any provision that applies in relation to a tobacco product
 
 
to a tobacco related device.
 
 
(2)
Before making regulations under this Article the Department must
10
 
consult any persons it considers it appropriate to consult.
 
 
(3)
Regulations may not be made by the Department under this Article
 
 
unless a draft of the regulations has been laid before and approved
 
 
by a resolution of the Assembly.”
 
 
(2)
After section 21 of the Tobacco Retailers Act (Northern Ireland) 2014 (c. 4
15
 
(N.I.)) insert—
 
“21A
Power to extend Act to other products
 
 
(1)
The Department may by regulations amend this Act for the purpose
 
 
of extending any provision that applies in relation to a tobacco product
 
 
to—
20
 
(a)
a device of a specified description which enables a tobacco
 
 
product to be consumed (for example, a heated tobacco device
 
 
or pipe);
 
 
(b)
an item which is intended to form part of such a device.
 
 
(2)
Before making regulations under this section the Department must
25
 
consult any persons the Department considers it appropriate to
 
 
consult.”
 
 
(3)
In section 24 of that Act, in subsection (2), for “or 21(4) or (5)” substitute “,
 
 
21(4) or (5) or 21A ”.
 

Consequential etc, transitional and transitory provision

30
86
Consequential and other amendments
 
 
(1)
See Schedule 14 for consequential amendments coming into force at the end
 
 
of the period of 6 months beginning with the day on which this Act is passed.
 
 
(2)
See Schedule 15 for consequential amendments coming into force on 1 January
 
 
2027.
35

Page 49

87
Transitional provision
 
 
In relation to times before 1 January 2027, Article 6A (2) of the Health and
 
 
Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I.
 
 
26)) (inserted by section 81 of this Act) has effect as if it included a reference
 
 
to an offence under Article 5 of the Children and Young Persons (Protection
5
 
from Tobacco) (Northern Ireland) Order 1991 (S.I. 1991/2872 (N.I. 25)) (display
 
 
of warning statements).
 

Part 4

 

Snus etc: seizure and detention powers

 
88
Power of officer of Revenue and Customs to seize and detain snus etc
10
 
(1)
An officer of Revenue and Customs may, for the purpose of facilitating the
 
 
exercise by an enforcement authority of any of its functions in relation to the
 
 
enforcement of a relevant offence, seize any relevant oral tobacco products
 
 
that have been imported and detain them for not more than 48 hours.
 
 
(2)
Any products seized and detained under this section must be dealt with
15
 
during their period of detention in such manner as the Commissioners for
 
 
His Majesty’s Revenue and Customs may direct.
 
 
(3)
For the purposes of calculating the 48-hour period mentioned in subsection
 
 
(1) any period falling on a non-working day is to be disregarded.
 
 
(4)
In this section—
20
 
“enforcement authority” —
 
 
(a)
in relation to England or Wales, means a local weights and
 
 
measures authority;
 
 
(b)
in relation to Scotland, means a council constituted under
 
 
section 2 of the Local Government etc. (Scotland) Act 1994;
25
 
(c)
in relation to Northern Ireland, means a district council;
 
 
“non-working day” means—
 
 
(a)
a Saturday or Sunday, or
 
 
(b)
a day which is a bank holiday under the Banking and Financial
 
 
Dealings Act 1971 in any part of the United Kingdom;
30
 
“relevant offence” means an offence under any of the following (which
 
 
relate to possession of relevant oral tobacco products with intent to
 
 
supply)—
 
 
(a)
section 9 (England and Wales);
 
 
(b)
section 9C of the Tobacco and Primary Medical Services
35
 
(Scotland) Act 2010 (Scotland);
 
 
(c)
Article 4G of the Health and Personal Social Services (Northern
 
 
Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26));
 
 
“relevant oral tobacco product” means a tobacco product that—
 
 
(a)
is intended for oral use,
40
 
(b)
is not intended to be inhaled or chewed, and
 

Page 50

 
(c)
consists wholly or partly of tobacco in powder or particulate
 
 
form.
 

Part 5

 

Product and information requirements etc

 

Product requirements etc

5
89
Retail packaging
 
 
(1)
The Secretary of State may by regulations make provision about the retail
 
 
packaging of—
 
 
(a)
tobacco products;
 
 
(b)
tobacco related devices;
10
 
(c)
herbal smoking products;
 
 
(d)
cigarette papers;
 
 
(e)
vaping products;
 
 
(f)
nicotine products.
 
 
(2)
The regulations may, in particular, impose prohibitions, requirements or
15
 
limitations in relation to the production, importation or supply of such
 
 
products in the course of business.
 
 
(3)
Provision made by the regulations may, in particular, include provision
 
 
about—
 
 
(a)
the markings on packaging (including the use of branding, trademarks
20
 
or logos);
 
 
(b)
the information provided on packaging or otherwise supplied with a
 
 
product;
 
 
(c)
the appearance of packaging;
 
 
(d)
the materials used for packaging;
25
 
(e)
the texture of packaging;
 
 
(f)
the size of packaging;
 
 
(g)
the shape of packaging;
 
 
(h)
the means by which packaging is opened;
 
 
(i)
any features of packaging which could be used to distinguish between
30
 
different brands;
 
 
(j)
the number of individual products contained in an individual packet;
 
 
(k)
the quantity of a product contained in an individual packet.
 
 
(4)
Regulations under this section are subject to the affirmative resolution
 
 
procedure.
35
90
Features of products
 
 
(1)
The Secretary of State may by regulations make provision about—
 
 
(a)
the markings on—
 

Page 51

 
(i)
tobacco products,
 
 
(ii)
tobacco related devices,
 
 
(iii)
herbal smoking products,
 
 
(iv)
cigarette papers,
 
 
(v)
vaping products, or
5
 
(vi)
nicotine products,
 
 
including the use of branding, trademarks or logos;
 
 
(b)
the information provided on such products;
 
 
(c)
the appearance of such products;
 
 
(d)
the size of such products or their components;
10
 
(e)
the shape of such products;
 
 
(f)
any features of such products which could be used to distinguish
 
 
between different brands.
 
 
(2)
The regulations may, in particular, impose prohibitions, requirements or
 
 
limitations in relation to the production, importation or supply of such
15
 
products in the course of business.
 
 
(3)
Regulations under this section are subject to the affirmative resolution
 
 
procedure.
 
91
Contents and flavour
 
 
(1)
The Secretary of State may by regulations make provision about—
20
 
(a)
the substances that may be included in a relevant product or the
 
 
amount of any given substance that may be included;
 
 
(b)
the flavour of relevant products;
 
 
(c)
any product intended to be used in connection with a relevant product
 
 
with a view to imparting flavour.
25
 
(2)
In this section “relevant products” means—
 
 
(a)
tobacco products,
 
 
(b)
tobacco related devices,
 
 
(c)
herbal smoking products,
 
 
(d)
cigarette papers,
30
 
(e)
vaping products, or
 
 
(f)
nicotine products.
 
 
(3)
The regulations may, in particular, impose prohibitions, requirements or
 
 
limitations in relation to the production, importation or supply of such
 
 
products in the course of business.
35
 
(4)
The regulations may, in particular, make provision about how the flavour of
 
 
a product is to be determined, including provision for a determination to be
 
 
made by a person authorised for the purpose by the Secretary of State.
 
 
(5)
Regulations under this section are subject to the affirmative resolution
 
 
procedure.
40

Page 52

92
Substances released into human body and emissions
 
 
(1)
The Secretary of State may by regulations make provision about the nature
 
 
and amount of the substances that may be released into the body of a person
 
 
using or of the emissions that may be released by—
 
 
(a)
tobacco products;
5
 
(b)
tobacco related devices;
 
 
(c)
herbal smoking products;
 
 
(d)
cigarette papers;
 
 
(e)
vaping products;
 
 
(f)
nicotine products.
10
 
(2)
The regulations may, in particular, impose prohibitions, requirements or
 
 
limitations in relation to the production, importation or supply of such
 
 
products in the course of business.
 
 
(3)
The regulations may, in particular, make provision about how the nature and
 
 
amount of substances or emissions released by a product are to be determined,
15
 
including provision for a determination to be made by a person authorised
 
 
for the purpose by the Secretary of State.
 
 
(4)
Regulations under this section are subject to the affirmative resolution
 
 
procedure.
 

Non-compliant images

20
93
Non-compliant images
 
 
(1)
The Secretary of State may by regulations prohibit a person from doing the
 
 
following in the course of business—
 
 
(a)
publishing an image of the retail packaging of a relevant product from
 
 
which it is possible to tell that the requirements of regulations under
25
 
section 89 have not been complied with;
 
 
(b)
publishing an image of a relevant product from which it is possible
 
 
to tell that the requirements of regulations under section 90 have not
 
 
been complied with;
 
 
(c)
causing the publication of an image of the kind mentioned in
30
 
paragraph (a) or (b) .
 
 
(2)
In this section “relevant product” means—
 
 
(a)
a tobacco product,
 
 
(b)
a tobacco related device,
 
 
(c)
a herbal smoking product,
35
 
(d)
cigarette papers,
 
 
(e)
a vaping product, or
 
 
(f)
a nicotine product.
 
 
(3)
Regulations under this section are subject to the affirmative resolution
 
 
procedure.
40

Page 53

Registration and information requirements

 
94
Registration
 
 
(1)
The Secretary of State may by regulations make provision for the establishment
 
 
of a register of—
 
 
(a)
tobacco products;
5
 
(b)
tobacco related devices;
 
 
(c)
herbal smoking products;
 
 
(d)
cigarette papers;
 
 
(e)
vaping products;
 
 
(f)
nicotine products.
10
 
(2)
The regulations may impose prohibitions or limitations on the supply of an
 
 
unregistered product in the course of business.
 
 
(3)
The regulations may, in particular, make provision—
 
 
(a)
about who is to keep the register;
 
 
(b)
about eligibility for registration or continued registration;
15
 
(c)
requiring a person to provide the registrar with information that relates
 
 
to the product or producer;
 
 
(d)
about the content of the register;
 
 
(e)
about the expiry, renewal, cancellation or suspension of a product’s
 
 
registration;
20
 
(f)
about the publication of the register;
 
 
(g)
for fees to be payable in respect of registration or continued registration
 
 
(which may be set at a level that takes into account the cost of
 
 
exercising functions under or in connection with any regulations under
 
 
this Part).
25
 
(4)
Regulations made by virtue of subsection (3) (c) may, in particular, require
 
 
the provision of—
 
 
(a)
the reasons for an ingredient’s inclusion in the product;
 
 
(b)
images (for example, an image of the product or its label or packaging);
 
 
(c)
information relevant to any risks or suspected risks to human health
30
 
or safety posed by the product;
 
 
(d)
information about substances released into the body of a person using
 
 
the product or about the emissions released by the product;
 
 
(e)
information about the producer’s operations;
 
 
(f)
information about any individual nominated by the producer in
35
 
accordance with regulations under section 97 (responsible person).
 
 
(5)
Regulations made by virtue of subsection (3) (g) may include provision about
 
 
the use of fee income (including provision authorising its retention or payment
 
 
into the Consolidated Fund).
 
 
(6)
Regulations under this section are subject to the affirmative resolution
40
 
procedure.
 

Page 54

95
Information
 
 
(1)
The Secretary of State may by regulations—
 
 
(a)
require a producer or importer of any of the following products to
 
 
provide information that relates to the product or its producer to a
 
 
person specified in the regulations—
5
 
(i)
tobacco products;
 
 
(ii)
tobacco related devices;
 
 
(iii)
herbal smoking products;
 
 
(iv)
cigarette papers;
 
 
(v)
vaping products;
10
 
(vi)
nicotine products;
 
 
(b)
make provision about the publication of information provided under
 
 
the regulations.
 
 
(2)
The regulations may, in particular, require the provision of—
 
 
(a)
any information of a kind mentioned in section 94 (4) (a) to (f) ;
15
 
(b)
sales data or market research relating to the product.
 
 
(3)
The regulations may, in particular, make provision about when and how
 
 
information must be provided.
 
 
(4)
Regulations under this section are subject to the affirmative resolution
 
 
procedure.
20
96
Studies
 
 
(1)
The Secretary of State may by regulations require a producer of a relevant
 
 
product—
 
 
(a)
to carry out a study in relation to the product or an ingredient in it,
 
 
and
25
 
(b)
to submit a report on the results of the study to a person specified in
 
 
the regulations.
 
 
(2)
In this section “relevant product” means—
 
 
(a)
a tobacco product,
 
 
(b)
a tobacco related device,
30
 
(c)
a herbal smoking product,
 
 
(d)
cigarette papers,
 
 
(e)
a vaping product, or
 
 
(f)
a nicotine product.
 
 
(3)
The regulations may, in particular, make provision about—
35
 
(a)
when and how a study is to be carried out and a report submitted;
 
 
(b)
the questions that a study must address;
 
 
(c)
the content and structure of a report.
 
 
(4)
Regulations under this section are subject to the affirmative resolution
 
 
procedure.
40

Page 55

97
Responsible person
 
 
(1)
The Secretary of State may by regulations require a producer of any of the
 
 
following to nominate an individual to be responsible for information that
 
 
is, or that has to be, provided to a person in accordance with regulations
 
 
under sections 94 to 96 —
5
 
(a)
tobacco products;
 
 
(b)
tobacco related devices;
 
 
(c)
herbal smoking products;
 
 
(d)
cigarette papers;
 
 
(e)
vaping products; or
10
 
(f)
nicotine products.
 
 
(2)
The regulations may, in particular, make provision about who is eligible to
 
 
be nominated, including provision requiring a nominee to be resident in, or
 
 
to have another connection to, the United Kingdom.
 
 
(3)
The regulations must prohibit a producer from nominating an individual
15
 
without the individual’s consent.
 
 
(4)
Regulations under this section are subject to the affirmative resolution
 
 
procedure.
 

Quality control and safety

 
98
Testing
20
 
(1)
The Secretary of State may by regulations require a person specified in the
 
 
regulations to carry out tests with a view to determining whether a product
 
 
complies with a requirement imposed by regulations under this Part.
 
 
(2)
The regulations may, in particular, make provision—
 
 
(a)
about how and when tests are to be carried out;
25
 
(b)
about who may carry out tests on behalf of the person specified under
 
 
subsection (1) ;
 
 
(c)
about the selection of products for testing;
 
 
(d)
about the provision of samples by producers;
 
 
(e)
for charges to be payable in respect of tests (which may be set at a
30
 
level that takes into account the cost of exercising functions under or
 
 
in connection with any regulations under this Part).
 
 
(3)
Regulations made by virtue of subsection (2) (e) may include provision about
 
 
the use of charges received (including provision authorising its retention or
 
 
payment into the Consolidated Fund).
35
 
(4)
Regulations under this section are subject to the affirmative resolution
 
 
procedure.
 

Page 56

99
Product safety
 
 
(1)
The Secretary of State may, for the purpose of minimising the risks to human
 
 
health and safety posed by relevant products, make regulations—
 
 
(a)
requiring producers or importers to have processes in place for
 
 
collecting information about the effect of their products on human
5
 
health and safety;
 
 
(b)
conferring power on the Secretary of State, in circumstances specified
 
 
in the regulations, to—
 
 
(i)
impose a prohibition or limitation on the supply of a product
 
 
by a producer or importer;
10
 
(ii)
require a producer or importer to recall a product.
 
 
(2)
In this section “relevant products” means—
 
 
(a)
tobacco products,
 
 
(b)
tobacco related devices,
 
 
(c)
herbal smoking products,
15
 
(d)
cigarette papers,
 
 
(e)
vaping products, or
 
 
(f)
nicotine products.
 
 
(3)
Regulations under this section are subject to the affirmative resolution
 
 
procedure.
20

Matters dealt with by 2016 Regulations

 
100
Matters dealt with by 2016 Regulations
 
 
(1)
The Secretary of State may by regulations make provision—
 
 
(a)
that is similar to or that corresponds to any provision of the Tobacco
 
 
and Related Products Regulations 2016 (S.I. 2016/507), other than Part
25
 
7 of those Regulations, or
 
 
(b)
that applies a provision of those Regulations, with or without
 
 
modifications, to any of the following to which it would not otherwise
 
 
apply—
 
 
(i)
tobacco products,
30
 
(ii)
tobacco related devices,
 
 
(iii)
herbal smoking products,
 
 
(iv)
cigarette papers,
 
 
(v)
vaping products, or
 
 
(vi)
nicotine products,
35
 
so far as that provision could not otherwise be made under this Part.
 
 
(2)
The reference in subsection (1) to the Tobacco and Related Products
 
 
Regulations 2016 (S.I. 2016/507) is to that instrument as it has effect on the
 
 
day on which this Act is passed.
 

Page 57

 
(3)
Regulations under this section are subject to the affirmative resolution
 
 
procedure.
 
101
Treatment of 2016 Regulations
 
 
The Tobacco and Related Products Regulations 2016 (S.I. 2016/507), so far as
 
 
they contain provision that could be made under a regulation-making power
5
 
conferred by this Part, are treated for the purposes of section 14 of the
 
 
Interpretation Act 1978 (implied power to amend or revoke) as having been
 
 
made under that power.
 

Supplementary and miscellaneous

 
102
Offences
10
 
(1)
Regulations under this Part may create an offence in relation to a failure to
 
 
comply with the regulations.
 
 
(2)
Regulations under sections 94 to 96 may create an offence in relation to the
 
 
provision of false or misleading information to a person in purported
 
 
compliance with an obligation under the regulations.
15
 
(3)
Regulations under section 97 may provide that, if a producer commits an
 
 
offence by reason of—
 
 
(a)
a failure to provide information required by regulations under sections
 
 
94 to 96 , or
 
 
(b)
the provision of false or misleading information to a person in
20
 
purported compliance with an obligation under such regulations,
 
 
the offence is also committed by the person nominated by the producer in
 
 
accordance with regulations under section 97 .
 
 
(4)
Subsection (3) does not limit the power to create offences by virtue of
 
 
subsections (1) and (2) (and, in particular, to make others liable for offences
25
 
committed by a body).
 
 
(5)
Regulations under this Part must provide for any offence to be triable either
 
 
way and punishable—
 
 
(a)
on summary conviction—
 
 
(i)
in England and Wales, to imprisonment for a term not
30
 
exceeding the general limit in a magistrates’ court, or a fine,
 
 
or both;
 
 
(ii)
in Scotland, to imprisonment for a term not exceeding 12
 
 
months, or a fine not exceeding the statutory maximum, or
 
 
both;
35
 
(iii)
in Northern Ireland, to imprisonment for a term not exceeding
 
 
6 months, or a fine not exceeding the statutory maximum, or
 
 
both;
 
 
(b)
on conviction on indictment, to imprisonment for a term not exceeding
 
 
2 years, or a fine, or both.
40

Page 58

103
Enforcement
 
 
(1)
Regulations under this Part may include provision about enforcement,
 
 
including—
 
 
(a)
provision conferring functions on the relevant enforcement authorities;
 
 
(b)
provision for the appropriate national authority to—
5
 
(i)
direct, in relation to cases of a particular description or a
 
 
particular case, that any duty imposed on a relevant
 
 
enforcement authority by virtue of provision under paragraph
 
 
(a) is to be discharged by the appropriate national authority
 
 
and not by the relevant enforcement authority;
10
 
(ii)
take over the conduct of any proceedings from a relevant
 
 
enforcement authority in respect of an offence committed under
 
 
the regulations.
 
 
(2)
Regulations under this Part may, in particular, include—
 
 
(a)
provision applying, with or without modifications, any of the
15
 
enforcement provisions of the Consumer Protection Act 1987;
 
 
(b)
provision similar or corresponding to any of those provisions.
 
 
(3)
The reference in subsection (2) to the “enforcement provisions” of the
 
 
Consumer Protection Act 1987 is to the following provisions of that Act—
 
 
(a)
in Part 2 (consumer safety)—
20
 
sections 14 and 15 (suspension notices);
 
 
sections 16 and 17 (forfeiture);
 
 
section 18 (power to obtain information);
 
 
(b)
Part 4 (enforcement);
 
 
(c)
Part 5 (miscellaneous and supplemental) so far as relating to the
25
 
provisions mentioned in paragraphs (a) and (b) above.
 
 
(4)
In this section —
 
 
“appropriate national authority” means—
 
 
(a)
in relation to England, the Secretary of State,
 
 
(b)
in relation to Wales, the Welsh Ministers,
30
 
(c)
in relation to Scotland, the Scottish Ministers, and
 
 
(d)
in relation to Northern Ireland, the Department of Health;
 
 
“relevant enforcement authorities” means—
 
 
(a)
in relation to England and Wales, local weights and measures
 
 
authorities,
35
 
(b)
in relation to Scotland, local weights and measures authorities,
 
 
and
 
 
(c)
in relation to Northern Ireland, district councils.
 
104
Sub-delegation
 
 
Regulations under this Part may confer discretions.
40

Page 59

105
Power to make provision binding the Crown
 
 
(1)
Regulations under this Part may include provision binding the Crown.
 
 
(2)
Regulations under this Part which include provision binding the Crown—
 
 
(a)
must provide that the Crown is not criminally liable as a result of any
 
 
such provision, and
5
 
(b)
may confer power on the High Court in England and Wales or
 
 
Northern Ireland, or the Court of Session in Scotland, to declare
 
 
unlawful any act or omission for which the Crown would be criminally
 
 
liable if it were not for provision made by virtue of paragraph (a) .
 
 
(3)
Provision made by virtue of subsection (2) (b) which confers power on the
10
 
Court of Session to make a declaration must provide that such a declaration
 
 
may only be made on an application by the Scottish Ministers or a local
 
 
weights and measures authority in Scotland.
 
 
(4)
Provision made by virtue of this section does not affect the application of
 
 
regulations under this Part in relation to persons in the public service of the
15
 
Crown.
 
106
Power to amend legislation
 
 
The consequential provision that may be made by regulations under this Part
 
 
by virtue of section 164 (1) (a) includes provision amending, repealing or
 
 
revoking any legislation (whenever passed or made).
20
107
Consequential repeal
 
 
In the Children and Families Act 2014 omit section 94.
 
108
Enforcement of 2016 Regulations
 
 
In Schedule 15 to the Digital Markets, Competition and Consumers Act 2024
 
 
(consumer protection enactments), in Part 1—
25
 
(a)
in the second part of the Table (secondary legislation) at the
 
 
appropriate place insert—
 
 
“The Tobacco
 
 
(1)
All public designated enforcers, other than—
 
 
and Related
 
 
(a)
the Department for the Economy in
 
 
Products
30
 
Northern Ireland;
30
 
Regulations 2016
 
 
(b)
the Department of Health in
 
 
(S.I. 2016/507)
 
 
Northern Ireland;
 
 
(c)
the Department for Infrastructure in
 
 
Northern Ireland;
 
 
(d)
an enforcement authority within the
35
 
meaning of section 120(15) of the
 
 
Communications Act 2003
 
 
(regulation of premium rate
 
 
services);
 

Page 60

 
(e)
the Maritime and Coastguard
 
 
Agency;
 
 
(f)
the Office for the Traffic
 
 
Commissioner;
 
 
(g)
the Secretary of State.
5
 
(2)
All private enforcers.”;
 
 
(b)
in the fifth part of the Table (saved legislation) omit the entry for the
 
 
Tobacco Products (Manufacture, Presentation and Sale) (Safety)
 
 
Regulations 2002 (S.I. 2002/3041).
 

Consultation and consent

10
109
Consultation
 
 
Before making regulations under this Part the Secretary of State must consult
 
 
any persons the Secretary of State considers it appropriate to consult.
 
110
Consent to regulations under Part
 
 
Before making regulations under this Part the Secretary of State must obtain
15
 
the consent of—
 
 
(a)
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;
 
 
(b)
the Scottish Ministers, if the regulations contain provision which would
20
 
be within the legislative competence of the Scottish Parliament if
 
 
contained in an Act of the Scottish Parliament;
 
 
(c)
the Executive Office in Northern Ireland, if the regulations contain
 
 
provision which—
 
 
(i)
would be within the legislative competence of the Northern
25
 
Ireland Assembly if contained in an Act of the Assembly, and
 
 
(ii)
would not, if it were contained in a Bill for an Act of the
 
 
Northern Ireland Assembly, result in the Bill requiring the
 
 
consent of the Secretary of State under section 8 of the Northern
 
 
Ireland Act 1998.
30

Interpretation

 
111
Interpretation of Part
 
 
In this Part—
 
 
“cigarette papers” includes anything intended to be used for encasing
 
 
tobacco products or herbal smoking products for the purpose of
35
 
enabling them to be smoked;
 

Page 61

 
“herbal smoking product” means a product consisting wholly or partly
 
 
of vegetable matter and intended to be smoked but not containing
 
 
tobacco;
 
 
“importer” , in relation to a product, means a person who imports the
 
 
product into the United Kingdom in the course of business;
5
 
“medical device” has the meaning given by the Medical Devices
 
 
Regulations 2002 (S.I. 2002/618);
 
 
“medicinal product” has the meaning given by the Human Medicines
 
 
Regulations 2012 (S.I. 2012/1916);
 
 
“nicotine product” has the meaning given by section 112 ;
10
 
“packaging” , in relation to a product, means—
 
 
(a)
the external packaging of the product (including any wrapper),
 
 
(b)
the internal packaging of the product, or
 
 
(c)
any other material attached to or included with the product
 
 
or anything within paragraph (a) or (b) ;
15
 
“production” , in relation to a product, means—
 
 
(a)
the manufacture of the product, or
 
 
(b)
the putting of a name, trademark or other distinguishing mark
 
 
on the product by a person, the effect of which is to hold the
 
 
person out as being the manufacturer of the product
20
 
(whether in the United Kingdom or elsewhere);
 
 
“retail packaging” , in relation to a product, means the packaging in which
 
 
it is, or is intended to be, presented for sale by retail;
 
 
“supply” , in relation to a product, includes—
 
 
(a)
offering or agreeing to supply it, or
25
 
(b)
exposing or possessing it for supply;
 
 
“tobacco product” means a product consisting wholly or partly of tobacco
 
 
and intended to be smoked, sniffed, sucked, chewed or consumed in
 
 
any other way;
 
 
“tobacco related device” means—
30
 
(a)
a device, other than a vape, which enables a tobacco product
 
 
to be consumed (for example, a heated tobacco device or pipe),
 
 
or
 
 
(b)
an item which is intended to form part of a device within
 
 
paragraph (a) ;
35
 
“vape” means—
 
 
(a)
a device which—
 
 
(i)
vaporises substances, other than tobacco, for the purpose
 
 
of inhalation through a mouthpiece (whether or not it
 
 
also vaporises tobacco), and
40
 
(ii)
is not a medical device or a medicinal product, or
 
 
(b)
an item which is intended to form part of a device within
 
 
paragraph (a) (including anything intended to be attached to
 
 
it with a view to imparting flavour);
 
 
“vaping product” means—
45

Page 62

 
(a)
a vape, or
 
 
(b)
a vaping substance;
 
 
“vaping substance” means a substance, other than tobacco, that is
 
 
intended to be vaporised by a vape;
 
 
“vaporises” includes aerosolises (and “vaporised” is to be construed
5
 
accordingly).
 
112
Meaning of “nicotine product”
 
 
(1)
In this Part “nicotine product” means—
 
 
(a)
a device which is intended to enable nicotine to be delivered into the
 
 
human body,
10
 
(b)
an item which is intended to form part of a device within paragraph
 
 
(a) ,
 
 
(c)
nicotine, or any substance containing nicotine, which is intended to
 
 
be delivered into the human body, or
 
 
(d)
an item containing anything within paragraph (c) .
15
 
(2)
But the following are not “nicotine products” for the purposes of this section—
 
 
(a)
a tobacco product;
 
 
(b)
a herbal smoking product;
 
 
(c)
cigarette papers;
 
 
(d)
any device which is intended to be used for the consumption of tobacco
20
 
products or herbal smoking products;
 
 
(e)
a vaping product;
 
 
(f)
a medical device;
 
 
(g)
a medicinal product.
 

Part 6

25

Advertising and sponsorship

 

Advertising

 
113
Publishing advertisements
 
 
(1)
A person commits an offence if—
 
 
(a)
the person, acting in the course of business, publishes an advertisement
30
 
in the United Kingdom whose purpose or effect is to promote—
 
 
(i)
a tobacco product,
 
 
(ii)
a herbal smoking product,
 
 
(iii)
cigarette papers,
 
 
(iv)
a vaping product, or
35
 
(v)
a nicotine product, and
 
 
(b)
the person knows or has reason to suspect—
 

Page 63

 
(i)
that what they are publishing is or contains the advertisement,
 
 
and
 
 
(ii)
that the advertisement has that purpose or will have that effect.
 
 
(2)
A person who commits an offence under this section is liable—
 
 
(a)
on conviction on indictment, to imprisonment for a term not exceeding
5
 
2 years, or a fine, or both;
 
 
(b)
on summary conviction—
 
 
(i)
in England and Wales, to imprisonment for a term not
 
 
exceeding the general limit in a magistrates’ court, or a fine,
 
 
or both;
10
 
(ii)
in Scotland, to imprisonment for a term not exceeding 12
 
 
months, or a fine not exceeding the statutory maximum, or
 
 
both;
 
 
(iii)
in Northern Ireland, to imprisonment for a term not exceeding
 
 
6 months, or a fine not exceeding the statutory maximum, or
15
 
both.
 
114
Designing advertisements
 
 
(1)
A person commits an offence if—
 
 
(a)
the person, acting in the course of business, designs an advertisement
 
 
whose purpose or effect is to promote—
20
 
(i)
a tobacco product,
 
 
(ii)
a herbal smoking product,
 
 
(iii)
cigarette papers,
 
 
(iv)
a vaping product, or
 
 
(v)
a nicotine product, and
25
 
(b)
the person knows or has reason to suspect—
 
 
(i)
that the advertisement has that purpose or will have that effect,
 
 
and
 
 
(ii)
that the advertisement will be published in the United
 
 
Kingdom.
30
 
(2)
A person who commits an offence under this section is liable—
 
 
(a)
on conviction on indictment, to imprisonment for a term not exceeding
 
 
2 years, or a fine, or both;
 
 
(b)
on summary conviction—
 
 
(i)
in England and Wales, to imprisonment for a term not
35
 
exceeding the general limit in a magistrates’ court, or a fine,
 
 
or both;
 
 
(ii)
in Scotland, to imprisonment for a term not exceeding 12
 
 
months, or a fine not exceeding the statutory maximum, or
 
 
both;
40
 
(iii)
in Northern Ireland, to imprisonment for a term not exceeding
 
 
6 months, or a fine not exceeding the statutory maximum, or
 
 
both.
 

Page 64

115
Printing advertisements
 
 
(1)
A person commits an offence if—
 
 
(a)
the person, acting in the course of business, prints an advertisement
 
 
whose purpose or effect is to promote—
 
 
(i)
a tobacco product,
5
 
(ii)
a herbal smoking product,
 
 
(iii)
cigarette papers,
 
 
(iv)
a vaping product, or
 
 
(v)
a nicotine product, and
 
 
(b)
the person knows or has reason to suspect—
10
 
(i)
that what they are printing is or contains the advertisement,
 
 
(ii)
that the advertisement has that purpose or will have that effect,
 
 
and
 
 
(iii)
that the advertisement will be published in the United
 
 
Kingdom.
15
 
(2)
A person who commits an offence under this section is liable—
 
 
(a)
on conviction on indictment, to imprisonment for a term not exceeding
 
 
2 years, or a fine, or both;
 
 
(b)
on summary conviction—
 
 
(i)
in England and Wales, to imprisonment for a term not
20
 
exceeding the general limit in a magistrates’ court, or a fine,
 
 
or both;
 
 
(ii)
in Scotland, to imprisonment for a term not exceeding 12
 
 
months, or a fine not exceeding the statutory maximum, or
 
 
both;
25
 
(iii)
in Northern Ireland, to imprisonment for a term not exceeding
 
 
6 months, or a fine not exceeding the statutory maximum, or
 
 
both.
 
116
Distributing advertisements
 
 
(1)
A person commits an offence if—
30
 
(a)
the person, acting in the course of business, distributes an
 
 
advertisement in the United Kingdom whose purpose or effect is to
 
 
promote—
 
 
(i)
a tobacco product,
 
 
(ii)
a herbal smoking product,
35
 
(iii)
cigarette papers,
 
 
(iv)
a vaping product, or
 
 
(v)
a nicotine product, and
 
 
(b)
the person knows or has reason to suspect—
 
 
(i)
that what they are distributing is or contains the advertisement,
40
 
and
 
 
(ii)
that the advertisement has that purpose or will have that effect.
 

Page 65

 
(2)
A person who commits an offence under this section is liable—
 
 
(a)
on conviction on indictment, to imprisonment for a term not exceeding
 
 
2 years, or a fine, or both;
 
 
(b)
on summary conviction—
 
 
(i)
in England and Wales, to imprisonment for a term not
5
 
exceeding the general limit in a magistrates’ court, or a fine,
 
 
or both;
 
 
(ii)
in Scotland, to imprisonment for a term not exceeding 12
 
 
months, or a fine not exceeding the statutory maximum, or
 
 
both;
10
 
(iii)
in Northern Ireland, to imprisonment for a term not exceeding
 
 
6 months, or a fine not exceeding the statutory maximum, or
 
 
both.
 
117
Causing publication, designing, printing or distribution
 
 
(1)
A person commits an offence if—
15
 
(a)
the person, acting in the course of business, causes the publication or
 
 
distribution in the United Kingdom of an advertisement whose purpose
 
 
or effect is to promote—
 
 
(i)
a tobacco product,
 
 
(ii)
a herbal smoking product,
20
 
(iii)
cigarette papers,
 
 
(iv)
a vaping product, or
 
 
(v)
a nicotine product, and
 
 
(b)
the person knows or has reason to suspect—
 
 
(i)
that they are causing the publication or distribution of the
25
 
advertisement,
 
 
(ii)
that the advertisement has that purpose or will have that effect,
 
 
and
 
 
(iii)
that the advertisement will be published or distributed in the
 
 
United Kingdom.
30
 
(2)
A person commits an offence if—
 
 
(a)
the person, acting in the course of business, causes the designing or
 
 
printing of an advertisement whose purpose or effect is to promote—
 
 
(i)
a tobacco product,
 
 
(ii)
a herbal smoking product,
35
 
(iii)
cigarette papers,
 
 
(iv)
a vaping product, or
 
 
(v)
a nicotine product, and
 
 
(b)
the person knows or has reason to suspect—
 
 
(i)
that they are causing the designing or printing of the
40
 
advertisement,
 
 
(ii)
that the advertisement has that purpose or will have that effect,
 
 
and
 

Page 66

 
(iii)
that the advertisement will be published in the United
 
 
Kingdom.
 
 
(3)
A person who commits an offence under this section is liable—
 
 
(a)
on conviction on indictment, to imprisonment for a term not exceeding
 
 
2 years, or a fine, or both;
5
 
(b)
on summary conviction—
 
 
(i)
in England and Wales, to imprisonment for a term not
 
 
exceeding the general limit in a magistrates’ court, or a fine,
 
 
or both;
 
 
(ii)
in Scotland, to imprisonment for a term not exceeding 12
10
 
months, or a fine not exceeding the statutory maximum, or
 
 
both;
 
 
(iii)
in Northern Ireland, to imprisonment for a term not exceeding
 
 
6 months, or a fine not exceeding the statutory maximum, or
 
 
both.
15
118
Internet services
 
 
(1)
A person who carries on any business in the United Kingdom commits an
 
 
offence if—
 
 
(a)
the person, acting in the course of business, provides an internet service
 
 
by means of which an advertisement is published or distributed in
20
 
the United Kingdom,
 
 
(b)
the advertisement’s purpose or effect is to promote—
 
 
(i)
a tobacco product,
 
 
(ii)
a herbal smoking product,
 
 
(iii)
cigarette papers,
25
 
(iv)
a vaping product, or
 
 
(v)
a nicotine product, and
 
 
(c)
the person knows or has reason to suspect—
 
 
(i)
that the advertisement will be published or distributed in the
 
 
United Kingdom by means of the service that they provide,
30
 
and
 
 
(ii)
that the advertisement has that purpose or will have that effect.
 
 
(2)
A person who carries on any business in the United Kingdom commits an
 
 
offence if—
 
 
(a)
the person, acting in the course of business, provides an internet service
35
 
by means of which an advertisement is published or distributed in
 
 
the United Kingdom,
 
 
(b)
the advertisement’s purpose or effect is to promote—
 
 
(i)
a tobacco product,
 
 
(ii)
a herbal smoking product,
40
 
(iii)
cigarette papers,
 
 
(iv)
a vaping product, or
 
 
(v)
a nicotine product,
 

Page 67

 
(c)
the person becomes aware of the circumstances set out in paragraphs
 
 
(a) and (b), and
 
 
(d)
the person fails to take all reasonable steps to prevent the
 
 
advertisement from being further viewed by or distributed to the
 
 
public in the United Kingdom.
5
 
(3)
A person who commits an offence under this section is liable—
 
 
(a)
on conviction on indictment, to imprisonment for a term not exceeding
 
 
2 years, or a fine, or both;
 
 
(b)
on summary conviction—
 
 
(i)
in England and Wales, to imprisonment for a term not
10
 
exceeding the general limit in a magistrates’ court, or a fine,
 
 
or both;
 
 
(ii)
in Scotland, to imprisonment for a term not exceeding 12
 
 
months, or a fine not exceeding the statutory maximum, or
 
 
both;
15
 
(iii)
in Northern Ireland, to imprisonment for a term not exceeding
 
 
6 months, or a fine not exceeding the statutory maximum, or
 
 
both.
 
 
(4)
In this section “internet service” means a service that is made available by
 
 
means of the internet.
20
 
(5)
For the purposes of subsection (4) a service is “made available by means of
 
 
the internet” even where it is made available by means of a combination of—
 
 
(a)
the internet, and
 
 
(b)
an electronic communications service.
 
 
(6)
“Electronic communications service” has the same meaning as in the
25
 
Communications Act 2003 (see section 32(2) of that Act).
 
119
Advertising: defences
 
 
(1)
Where a person is charged with an offence under any of sections 113 to 118
 
 
in relation to an advertisement it is a defence for the person to show that—
 
 
(a)
it is, or is contained in, a communication that is made in the course
30
 
of business which is part of a relevant trade and it is made for the
 
 
purpose of that trade and directed solely at relevant persons involved
 
 
in that trade (see subsection (2) ),
 
 
(b)
it is, or is contained in, a reply to a particular request by an individual
 
 
for information about a tobacco product, a herbal smoking product,
35
 
cigarette papers, a vaping product or a nicotine product, or
 
 
(c)
it is contained in a publication, other than in an in-flight magazine–
 
 
(i)
which is printed outside the United Kingdom, and
 
 
(ii)
whose principal market is not the United Kingdom (or any
 
 
part of the United Kingdom).
40
 
(2)
For the purposes of subsection (1) (a) —
 

Page 68

 
“relevant person” : a person is a “relevant person” involved in a relevant
 
 
trade if the person is engaged in, or employed by, a business which
 
 
is part of that trade and the person—
 
 
(a)
is responsible for making decisions on behalf of that business
 
 
about the purchase of tobacco products, herbal smoking
5
 
products, cigarette papers, vaping products or nicotine products
 
 
which are to be sold in the course of the business,
 
 
(b)
occupies a position in the management structure of the business
 
 
which is equivalent in seniority to, or of greater seniority than,
 
 
that of a person who is responsible as mentioned in paragraph
10
 
(a) , or
 
 
(c)
is responsible for the conduct of the business or is a member
 
 
of the board of directors or other body of persons (however
 
 
described) that is responsible for the conduct of the business;
 
 
“relevant trade” means—
15
 
(a)
the tobacco products trade,
 
 
(b)
the herbal smoking products trade,
 
 
(c)
the cigarette papers trade,
 
 
(d)
the vaping products trade, or
 
 
(e)
the nicotine products trade.
20
 
(3)
Where in accordance with subsection (1) it is a defence for a person charged
 
 
with an offence to show a particular matter, the person is taken to show that
 
 
matter if—
 
 
(a)
sufficient evidence of the matter is adduced to raise an issue with
 
 
respect to it, and
25
 
(b)
the contrary is not proved beyond reasonable doubt.
 
120
Specialist tobacconists
 
 
(1)
A person does not commit an offence under any of sections 113 to 117 in
 
 
relation to an advertisement whose purpose or effect is to promote a tobacco
 
 
product if the advertisement—
30
 
(a)
is in a specialist tobacconist,
 
 
(b)
is not visible from outside the specialist tobacconist,
 
 
(c)
is not for cigarettes or hand-rolling tobacco, and
 
 
(d)
complies with the requirements (if any) specified by the appropriate
 
 
national authority in regulations as to the inclusion of health warnings
35
 
and information.
 
 
(2)
Regulations under subsection (1) are subject to the negative resolution
 
 
procedure.
 
 
(3)
In this section—
 
 
“appropriate national authority” —
40
 
(a)
in relation to specialist tobacconists in England, means the
 
 
Secretary of State,
 

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(b)
in relation to specialist tobacconists in Wales, means the Welsh
 
 
Ministers,
 
 
(c)
in relation to specialist tobacconists in Scotland, means the
 
 
Scottish Ministers, and
 
 
(d)
in relation to specialist tobacconists in Northern Ireland, means
5
 
the Department of Health in Northern Ireland;
 
 
“shop” includes a self-contained part of a shop (and, in relation to a
 
 
self-contained part of a shop, “premises” means that self-contained
 
 
part);
 
 
“specialist tobacconist” means a shop selling tobacco products by retail
10
 
(whether or not it also sells other things) more than half of whose
 
 
sales on the premises in question derive from the sale of cigars, snuff,
 
 
pipe tobacco and smoking accessories.
 
 
(4)
For the purposes of determining whether a shop is a specialist tobacconist,
 
 
the sales are to be measured by sale price—
15
 
(a)
during the most recent period of 12 months for which accounts are
 
 
available, or
 
 
(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.
20
121
Exclusion for advertisements that are displays
 
 
(1)
No offence is committed under this Part by the display of something that
 
 
amounts to an advertisement if the display of that thing is subject to the law
 
 
relating to displays.
 
 
(2)
For this purpose, the display of something is “subject to the law relating to
25
 
displays” if—
 
 
(a)
regulations could be made in respect of the display under section 13
 
 
(England);
 
 
(b)
the display falls within section 1(1) of the Tobacco and Primary Medical
 
 
Services (Scotland) Act 2010 (asp 3) (whether or not an offence is
30
 
committed under that section in respect of it) or regulations could be
 
 
made in respect of the display under section 3 or 3A of that Act
 
 
(Scotland);
 
 
(c)
regulations could be made in respect of the display under section 14
 
 
(Wales);
35
 
(d)
regulations could be made in respect of the display under Article 4K
 
 
of the Health and Personal Social Services (Northern Ireland) Order
 
 
1978 (S.I. 1978/1907 (N.I. 26)) (Northern Ireland).
 

Page 70

Brandsharing

 
122
Brandsharing
 
 
(1)
The Secretary of State may by regulations make provision prohibiting or
 
 
restricting brandsharing in relation to—
 
 
(a)
tobacco products;
5
 
(b)
herbal smoking products;
 
 
(c)
cigarette papers;
 
 
(d)
vaping products;
 
 
(e)
nicotine products.
 
 
(2)
In subsection (1) “brandsharing”, in relation to such a product (a “relevant
10
 
product”), means—
 
 
(a)
the use in connection with a service or product (other than the relevant
 
 
product) of anything which is the same as, or similar to, a name,
 
 
emblem or any other feature identified with the relevant product, or
 
 
(b)
the use in connection with the relevant product of anything which is
15
 
the same as, or similar to, a name, emblem or other feature identified
 
 
with a service or product other than the relevant product,
 
 
where the purpose or effect of the use is to promote the relevant product.
 
 
(3)
Regulations under this section may create offences in relation to a failure to
 
 
comply with the regulations.
20
 
(4)
The regulations must provide for any offence to be triable either way and
 
 
punishable—
 
 
(a)
on conviction on indictment, to imprisonment for a term not exceeding
 
 
2 years, or a fine, or both;
 
 
(b)
on summary conviction—
25
 
(i)
in England and Wales, to imprisonment for a term not
 
 
exceeding the general limit in a magistrates’ court, or a fine,
 
 
or both;
 
 
(ii)
in Scotland, to imprisonment for a term not exceeding 12
 
 
months, or a fine not exceeding the statutory maximum, or
30
 
both;
 
 
(iii)
in Northern Ireland, to imprisonment for a term not exceeding
 
 
6 months, or a fine not exceeding the statutory maximum, or
 
 
both.
 
 
(5)
Before making regulations under this section the Secretary of State must obtain
35
 
the consent of—
 
 
(a)
the Scottish Ministers, if the regulations contain provision which would
 
 
be within the legislative competence of the Scottish Parliament if
 
 
contained in an Act of the Scottish Parliament;
 
 
(b)
the Department of Health in Northern Ireland, if the regulations contain
40
 
provision which—
 
 
(i)
would be within the legislative competence of the Northern
 
 
Ireland Assembly if contained in an Act of the Assembly, and
 

Page 71

 
(ii)
would not, if it were contained in a Bill for an Act of the
 
 
Northern Ireland Assembly, result in the Bill requiring the
 
 
consent of the Secretary of State under section 8 of the Northern
 
 
Ireland Act 1998.
 
 
(6)
Regulations under this section are subject to the affirmative resolution
5
 
procedure.
 

Sponsorship

 
123
Sponsorship: tobacco products
 
 
(1)
A person commits an offence if—
 
 
(a)
the person is party to an agreement (entered into at any time),
10
 
(b)
under the agreement, a party to it, acting in the course of business,
 
 
makes a contribution towards something,
 
 
(c)
the purpose or effect of anything done as a result of the agreement is
 
 
to promote a tobacco product in the United Kingdom, and
 
 
(d)
the person knew or had reason to suspect—
15
 
(i)
that the contribution referred to in paragraph (b) was made in
 
 
the course of business, and
 
 
(ii)
that the action referred to in paragraph (c) had that purpose
 
 
or would have that effect.
 
 
(2)
A person who commits an offence under this section is liable—
20
 
(a)
on conviction on indictment, to imprisonment for a term not exceeding
 
 
2 years, or a fine, or both;
 
 
(b)
on summary conviction—
 
 
(i)
in England and Wales, to imprisonment for a term not
 
 
exceeding the general limit in a magistrates’ court, or a fine,
25
 
or both;
 
 
(ii)
in Scotland, to imprisonment for a term not exceeding 12
 
 
months, or a fine not exceeding the statutory maximum, or
 
 
both;
 
 
(iii)
in Northern Ireland, to imprisonment for a term not exceeding
30
 
6 months, or a fine not exceeding the statutory maximum, or
 
 
both.
 
124
Sponsorship: vaping and nicotine and other products
 
 
(1)
A person commits an offence if—
 
 
(a)
the person is party to an agreement entered into on or after the day
35
 
on which this section comes into force,
 
 
(b)
under the agreement, a party to it, acting in the course of business,
 
 
makes a contribution towards something,
 
 
(c)
the purpose or effect of anything done on or after the specified date
 
 
as a result of the agreement is to promote in the United Kingdom—
40
 
(i)
a herbal smoking product,
 

Page 72

 
(ii)
cigarette papers,
 
 
(iii)
a vaping product, or
 
 
(iv)
a nicotine product, and
 
 
(d)
the person knew or had reason to suspect—
 
 
(i)
that the contribution referred to in paragraph (b) was made in
5
 
the course of business, and
 
 
(ii)
that the action referred to in paragraph (c) had that purpose
 
 
or would have that effect.
 
 
(2)
A person who commits an offence under this section is liable—
 
 
(a)
on conviction on indictment, to imprisonment for a term not exceeding
10
 
2 years, or a fine, or both;
 
 
(b)
on summary conviction—
 
 
(i)
in England and Wales, to imprisonment for a term not
 
 
exceeding the general limit in a magistrates’ court, or a fine,
 
 
or both;
15
 
(ii)
in Scotland, to imprisonment for a term not exceeding 12
 
 
months, or a fine not exceeding the statutory maximum, or
 
 
both;
 
 
(iii)
in Northern Ireland, to imprisonment for a term not exceeding
 
 
6 months, or a fine not exceeding the statutory maximum, or
20
 
both.
 
 
(3)
In subsection (1) “specified date” means a date specified by the Secretary of
 
 
State by regulations.
 

Audiovisual services and radio broadcasting

 
125
Audiovisual services and radio broadcasting
25
 
This Part does not apply in relation to anything included in—
 
 
(a)
a service falling within section 211(1) of the Communications Act 2003
 
 
(independent television services regulated by the Office of
 
 
Communications) which is not an additional television service (within
 
 
the meaning of Part 3 of that Act),
30
 
(b)
a service which—
 
 
(i)
falls within section 245(1) of the Communications Act 2003
 
 
(independent radio services regulated by the Office of
 
 
Communications), and
 
 
(ii)
is not a digital additional sound service (within the meaning
35
 
of Part 3 of that Act),
 
 
(c)
an on-demand programme service (within the meaning given by section
 
 
368A of the Communications Act 2003),
 
 
(d)
a non-UK on-demand programme service that is a Tier 1 service (within
 
 
the meaning given by sections 368AA and 368HA of the
40
 
Communications Act 2003 respectively), or
 

Page 73

 
(e)
a service provided by the British Broadcasting Corporation or Sianel
 
 
Pedwar Cymru (the body corporate so named by section 56 of the
 
 
Broadcasting Act 1990).
 
126
Extension of provisions about audiovisual and radio broadcasting
 
 
Schedule 16 contains—
5
 
(a)
amendments to extend certain provisions of the Communications Act
 
 
2003 to all vaping products and to herbal smoking products, cigarette
 
 
papers and nicotine products, and
 
 
(b)
other amendments to that Act made in consequence of this Part.
 

Offences by bodies

10
127
Liability of others for offences committed by bodies
 
 
(1)
Where an offence under this Part or under regulations made under it—
 
 
(a)
is committed with the consent or connivance of a relevant person in
 
 
relation to the body, or a person purporting to act in the capacity of
 
 
a relevant person in relation to the body, or
15
 
(b)
is attributable to neglect on the part of such a person,
 
 
the person (as well as the body) commits the offence and is liable to be
 
 
proceeded against and punished accordingly.
 
 
(2)
In this section—
 
 
“body” means—
20
 
(a)
a body corporate,
 
 
(b)
a partnership, or
 
 
(c)
an unincorporated association;
 
 
“relevant person” means—
 
 
(a)
in relation to a body corporate other than one whose affairs
25
 
are managed by its members, a director, manager, secretary or
 
 
other similar officer of the body;
 
 
(b)
in relation to a limited liability partnership or other body
 
 
corporate whose affairs are managed by its members, a member
 
 
who exercises functions of management with respect to it;
30
 
(c)
in relation to a limited partnership, a general partner (within
 
 
the meaning given by section 3 of the Limited Partnerships
 
 
Act 1907);
 
 
(d)
in relation to any other partnership, a partner;
 
 
(e)
in relation to an unincorporated association, a person who
35
 
exercises functions of management with respect to it.
 

Page 74

Enforcement

 
128
Enforcement authorities
 
 
(1)
It is the duty of an enforcement authority to enforce within its area the
 
 
provisions of this Part.
 
 
(2)
In this Part “enforcement authority” means—
5
 
(a)
in relation to England and Wales, local weights and measures
 
 
authorities,
 
 
(b)
in relation to Scotland, local weights and measures authorities, and
 
 
(c)
in relation to Northern Ireland, district councils.
 
129
Power of ministers etc to take over enforcement functions
10
 
(1)
The appropriate national authority may direct that, in relation to cases of a
 
 
particular description or in a particular case, the duty imposed on an
 
 
enforcement authority by section 128 is to be discharged by the appropriate
 
 
national authority and not by the enforcement authority.
 
 
(2)
In subsection (1) “appropriate national authority”—
15
 
(a)
in relation to the giving of a direction to an enforcement authority in
 
 
England, means the Secretary of State,
 
 
(b)
in relation to the giving of a direction to an enforcement authority in
 
 
Wales, means the Welsh Ministers,
 
 
(c)
in relation to the giving of a direction to an enforcement authority in
20
 
Scotland, means the Scottish Ministers, and
 
 
(d)
in relation to the giving of a direction to an enforcement authority in
 
 
Northern Ireland, means the Department of Health in Northern Ireland.
 
130
Power of ministers etc to take over proceedings
 
 
(1)
The Secretary of State may take over the conduct of any proceedings from
25
 
an enforcement authority in England in respect of an offence committed under
 
 
this Part.
 
 
(2)
The Welsh Ministers may take over the conduct of any proceedings from an
 
 
enforcement authority in Wales in respect of an offence committed under this
 
 
Part.
30
 
(3)
The Department of Health in Northern Ireland may take over the conduct of
 
 
any proceedings from an enforcement authority in Northern Ireland in respect
 
 
of an offence committed under this Part.
 

Page 75

Alignment of definition in old advertising legislation pending replacement

 
131
Alignment of definition of “tobacco product” in old legislation
 
 
In section 1 of the Tobacco Advertising and Promotion Act 2002
 
 
(interpretation), for the definition of “tobacco product” substitute—
 
 
““tobacco product” means a product consisting wholly or partly of tobacco
5
 
and intended to be smoked, sniffed, sucked, chewed or consumed in
 
 
any other way.”
 

Power to extend advertising legislation

 
132
Power to extend Part
 
 
(1)
The Secretary of State may by regulations amend this Part or any provision
10
 
of the Communications Act 2003 for the purpose of extending any provision
 
 
that applies in relation to a tobacco product to—
 
 
(a)
a device of a specified description which enables a tobacco product
 
 
to be consumed (for example, a heated tobacco device or pipe);
 
 
(b)
an item which is intended to form part of such a device.
15
 
(2)
Before making regulations under this section the Secretary of State must
 
 
consult any persons the Secretary of State considers it appropriate to consult.
 
 
(3)
Before making regulations under this section the Secretary of State must obtain
 
 
the consent of—
 
 
(a)
the Welsh Ministers, if the regulations contain provision which would
20
 
be within the legislative competence of Senedd Cymru if contained
 
 
in an Act of the Senedd;
 
 
(b)
the Scottish Ministers, if the regulations contain provision which would
 
 
be within the legislative competence of the Scottish Parliament if
 
 
contained in an Act of the Scottish Parliament;
25
 
(c)
the Department of Health in Northern Ireland, if the regulations contain
 
 
provision which—
 
 
(i)
would be within the legislative competence of the Northern
 
 
Ireland Assembly if contained in an Act of the Assembly, and
 
 
(ii)
would not, if it were contained in a Bill for an Act of the
30
 
Northern Ireland Assembly, result in the Bill requiring the
 
 
consent of the Secretary of State under section 8 of the Northern
 
 
Ireland Act 1998.
 
 
(4)
Regulations under this section are subject to the affirmative resolution
 
 
procedure.
35

Crown application

 
133
Crown application
 
 
(1)
This Part and regulations made under it bind the Crown.
 

Page 76

 
(2)
Nothing in this Part or regulations made under it makes the Crown criminally
 
 
liable.
 
 
(3)
The High Court in England and Wales or Northern Ireland, or the Court of
 
 
Session in Scotland, may declare unlawful any act or omission for which the
 
 
Crown would be criminally liable if it were not for subsection (2) .
5
 
(4)
The power of the Court of Session to make a declaration under subsection
 
 
(3) may only be made on an application by—
 
 
(a)
the Scottish Ministers, or
 
 
(b)
a local weights and measures authority in Scotland.
 
 
(5)
Subsection (2) does not affect the criminal liability of persons in the service
10
 
of the Crown.
 

Interpretation

 
134
Interpretation of
 
 
In this Part—
 
 
“cigarette papers” has the meaning given by section 111 ;
15
 
“distributes” includes making available;
 
 
“enforcement authority” has the meaning given by section 128 (2) ;
 
 
“herbal smoking product” has the meaning given by section 111 ;
 
 
“nicotine product” has the meaning given by section 112 ;
 
 
“tobacco product” has the meaning given by section 111 ;
20
 
“vaping product” has the meaning given by section 111 .
 

Part 7

 

Smoke-free places, vape-free places and other free-from places

 

England

 
135
Addition of smoke-free places in England
25
 
(1)
The Health Act 2006 is amended as follows.
 
 
(2)
For section 4 substitute—
 
“4
Additional smoke-free places
 
 
(1)
The Secretary of State may make regulations designating as smoke-free
 
 
any place in England that—
30
 
(a)
is a workplace, or
 
 
(b)
is open to the public,
 
 
and is not smoke-free under section 2.
 

Page 77

 
(2)
If the place is used as a place of work or open to the public only some
 
 
of the time the regulations must provide for it to be smoke-free only
 
 
when so used.
 
 
(3)
The regulations may, in particular—
 
 
(a)
provide for places or vehicles to be smoke-free, in specified
5
 
circumstances, at specified times or if specified conditions are
 
 
satisfied (or any combination of those);
 
 
(b)
provide for exceptions, which may be framed by reference to
 
 
the designation by a person of areas which are not smoke-free.
 
 
(4)
Before making regulations under this section the Secretary of State
10
 
must consult any persons the Secretary of State considers it appropriate
 
 
to consult.”
 
 
(3)
In section 5 (vehicles)—
 
 
(a)
in subsection (2), for paragraph (d) substitute—
 
 
“(d)
for exceptions, which may be framed by reference to
15
 
the designation by a person of areas which are not
 
 
smoke-free.”;
 
 
(b)
after subsection (3) insert—
 
 
“(3A)
Before making regulations under this section the Secretary of
 
 
State must consult any persons the Secretary of State considers
20
 
it appropriate to consult.”
 
136
Smoke-free premises: recasting of power to exempt performers
 
 
(1)
In the Health Act 2006—
 
 
(a)
in section 3, omit subsections (5) and (8) (power to exempt premises
 
 
by references to performers);
25
 
(b)
in section 6, in subsection (9) omit from “(and references” to the end;
 
 
(c)
in section 7—
 
 
(i)
in subsection (1), in paragraph (a) omit “(including premises
 
 
which” to the end;
 
 
(ii)
for subsection (3) substitute—
30
 
“(3)
The Secretary of State may by regulations create
 
 
defences to the offence under subsection (2) for the
 
 
purpose of allowing a performer to smoke during a
 
 
performance where that is justified in order to preserve
 
 
the artistic integrity of the performance.”
35
 
(iii)
in subsection (5), for “in subsection” substitute “under or by
 
 
virtue of subsection (3) or”;
 
 
(d)
in section 8—
 
 
(i)
omit subsection (2);
 

Page 78

 
(ii)
after subsection (5) insert—
 
 
“(5A)
The Secretary of State may by regulations create
 
 
defences to the offence under subsection (4) for the
 
 
purpose of allowing a performer to smoke during a
 
 
performance where that is justified in order to preserve
5
 
the artistic integrity of the performance.”;
 
 
(iii)
in subsection (6), after “subsection (5)” insert “or (5A) ”;
 
 
(iv)
in subsection (8) omit from “(and references” to the end;
 
 
(e)
in section 79, for “ 7(6), 8(7)” substitute “7 (3) or (6), 8 (5A) or (7)”.
 
 
(2)
Regulation 6 of the Smoke-free (Exemptions and Vehicles) Regulations (S.I.
10
 
2007/765) is revoked.
 
137
No-smoking signs in England
 
 
(1)
Section 6 of the Health Act 2006 (no-smoking signs) is amended as follows.
 
 
(2)
For subsection (1) substitute—
 
 
“(1)
A person who occupies or is concerned in the management of
15
 
smoke-free premises must make sure that no-smoking signs are
 
 
displayed in or near those premises in accordance with any
 
 
requirements imposed by regulations made by the Secretary of State
 
 
for the purposes of this subsection.
 
 
(1A)
The regulations may, in particular, impose requirements about—
20
 
(a)
the content or appearance of a sign (for example, requirements
 
 
as to its size, design, colour, or wording);
 
 
(b)
how and where signs are to be displayed.”
 
 
(3)
After subsection (2) insert—
 
 
“(2A)
Regulations under subsection (2) may, in particular, include any
25
 
provision that may be made by regulations under subsection (1).”
 
 
(4)
Omit subsections (3) and (4).
 
138
Vape-free places in England
 
 
(1)
The Health Act 2006 is amended as follows.
 
 
(2)
After section 8 insert—
30

Chapter 1A

 
 
Vape-free places in England
 
8A
Introduction
 
 
This Chapter makes provision for the prohibition of the use of certain
 
 
vapes in places and vehicles in England that are designated vape-free
35
 
under section 8B .
 

Page 79

8B
Vape-free places and vehicles
 
 
(1)
The Secretary of State may make regulations designating places or
 
 
vehicles in England as vape-free.
 
 
(2)
Only smoke-free places may be designated as vape-free.
 
 
(3)
The regulations may, in particular—
5
 
(a)
provide for places or vehicles to be vape-free, in specified
 
 
circumstances, at specified times or if specified conditions are
 
 
satisfied (or any combination of those);
 
 
(b)
provide for exceptions, which may be framed by reference to
 
 
the designation by a person of areas which are not vape-free.
10
 
(4)
The regulations may, in particular, frame the circumstances in which
 
 
a vehicle is vape-free by reference to—
 
 
(a)
whether a person under the age of 18 is present;
 
 
(b)
its location.
 
 
(5)
The power to make regulations under this section is not exercisable
15
 
in relation to—
 
 
(a)
any ship or hovercraft in relation to which regulations could
 
 
be made under section 85 of the Merchant Shipping Act 1995
 
 
(safety and health on ships), including that section as applied
 
 
by any Order in Council under section 1(1)(h) of the Hovercraft
20
 
Act 1968, or
 
 
(b)
persons on any such ship or hovercraft.
 
 
(6)
Before making regulations under this section the Secretary of State
 
 
must consult any persons the Secretary of State considers it appropriate
 
 
to consult.
25
 
(7)
References in this Part, however expressed, to places or vehicles that
 
 
are vape-free, are to places or vehicles so far as they are vape-free by
 
 
virtue of regulations under this section.
 
 
(8)
In this section “smoke-free place” has the meaning given by section
 
 
7(1).
30
8C
Offence of vaping in vape-free places or vehicles
 
 
(1)
A person who uses a relevant vape in a vape-free place or vehicle
 
 
commits an offence.
 
 
(2)
It is a defence for a person charged with an offence under this section
 
 
to show that they did not know, and could not reasonably have been
35
 
expected to know, that it was a vape-free place or vehicle.
 
 
(3)
The Secretary of State may by regulations create defences to the offence
 
 
under this section for the purpose of allowing a performer to use a
 
 
vape during a performance where that is justified in order to preserve
 
 
the artistic integrity of the performance.
40

Page 80

 
(4)
If a person charged with an offence under this section relies on a
 
 
defence under or by virtue of subsection (2) or (3) , and evidence is
 
 
adduced which is sufficient to raise an issue with respect to that
 
 
defence, the court must assume that the defence is satisfied unless the
 
 
prosecution proves beyond reasonable doubt that it is not.
5
 
(5)
A person guilty of an offence under this section is liable on summary
 
 
conviction to fine not exceeding level 1 on the standard scale.
 
 
(6)
In this Part “relevant vape” means a vape that is not a heated tobacco
 
 
device.
 
8D
Offence of failing to prevent vaping
10
 
(1)
A person who controls or is concerned in the management of a
 
 
vape-free place must cause a person using a relevant vape there to
 
 
stop using the vape.
 
 
(2)
The driver of a vape-free vehicle, and any other person specified in
 
 
regulations made by the Secretary of State, must cause a person using
15
 
a relevant vape in the vehicle to stop using the vape.
 
 
(3)
A person who fails to comply with the duty in subsection (1) or (2)
 
 
commits an offence.
 
 
(4)
It is a defence for a person charged with an offence under subsection
 
 
(3) to show—
20
 
(a)
that they took reasonable steps to cause the person in question
 
 
to stop using the vape,
 
 
(b)
that they did not know, and could not reasonably have been
 
 
expected to know, that the person in question was using a
 
 
vape, or
25
 
(c)
that on other grounds it was reasonable for them not to comply
 
 
with the duty.
 
 
(5)
The Secretary of State may by regulations create defences to the offence
 
 
under subsection (3) for the purpose of allowing a performer to use
 
 
a vape during a performance where that is justified in order to preserve
30
 
the artistic integrity of the performance.
 
 
(6)
If a person charged with an offence under this section relies on a
 
 
defence under or by virtue of subsection (4) or (5) , and evidence is
 
 
adduced which is sufficient to raise an issue with respect to that
 
 
defence, the court must assume that the defence is satisfied unless the
35
 
prosecution proves beyond reasonable doubt that it is not.
 
 
(7)
A person guilty of an offence under this section is liable on summary
 
 
conviction to a fine not exceeding level 4 on the standard scale.
 

Page 81

8E
No-vaping signs
 
 
(1)
A person who occupies or is concerned in the management of a
 
 
vape-free place must make sure that no-vaping signs are displayed in
 
 
or near that place in accordance with any requirements imposed by
 
 
regulations made by the Secretary of State for the purposes of this
5
 
subsection.
 
 
(2)
A person who has management responsibilities for a vape-free vehicle
 
 
must make sure that no-vaping signs are displayed in that vehicle in
 
 
accordance with any requirements imposed by regulations made by
 
 
the Secretary of State for the purposes of this subsection.
10
 
(3)
Regulations under subsection (1) or (2) may, in particular, impose
 
 
requirements about—
 
 
(a)
the content or appearance of a sign (for example, requirements
 
 
as to its size, design, colour, or wording);
 
 
(b)
how and where signs are to be displayed.
15
 
(4)
The Secretary of State may by regulations create exceptions to the duty
 
 
in subsection (2) .
 
 
(5)
A person who fails to comply with the duty in subsection (1) or (2)
 
 
commits an offence.
 
 
(6)
It is a defence for a person charged with an offence under subsection
20
 
(5) to show—
 
 
(a)
that they did not know, and could not reasonably have been
 
 
expected to know, that the place or vehicle was vape-free,
 
 
(b)
that they did not know, and could not reasonably have been
 
 
expected to know, that no-vaping signs complying with the
25
 
requirements of this section were not being displayed in
 
 
accordance with the requirements of this section, or
 
 
(c)
that on other grounds it was reasonable for them not to comply
 
 
with the duty.
 
 
(7)
If a person charged with an offence under subsection (5) relies on a
30
 
defence in subsection (6) , and evidence is adduced which is sufficient
 
 
to raise an issue with respect to that defence, the court must assume
 
 
that the defence is satisfied unless the prosecution proves beyond
 
 
reasonable doubt that it is not.
 
 
(8)
A person guilty of an offence under subsection (5) is liable on summary
35
 
conviction to a fine not exceeding level 3 on the standard scale.”
 
 
(3)
Sections 9 to 11 (and the italic heading before section 9) become a new Chapter
 
 
1C of Part 1, with the heading “Enforcement”.
 
 
(4)
Section 12 becomes a new Chapter 1D of Part 1, with the heading “General”.
 
 
(5)
In section 79 (orders and regulations), in subsection (4)(a), after “8 (5A) or (7)”
40
 
(inserted by section 136 ) insert “, 8B , 8C (3) , 8D (5) ”.
 

Page 82

139
Heated tobacco-free places in England
 
 
(1)
The Health Act 2006 is amended as follows.
 
 
(2)
After section 8E (inserted by section 138 of this Act) insert—
 

Chapter 1B

 
 
Heated tobacco-free places in England
5
8F
Introduction
 
 
This Chapter makes provision for the prohibition of the use of heated
 
 
tobacco devices in places and vehicles in England that are designated
 
 
heated tobacco-free under section 8G .
 
8G
Heated tobacco-free places and vehicles
10
 
(1)
The Secretary of State may make regulations designating places or
 
 
vehicles in England as heated tobacco-free.
 
 
(2)
Only smoke-free places may be designated as heated tobacco-free.
 
 
(3)
The regulations may, in particular—
 
 
(a)
provide for places or vehicles to be heated tobacco-free, in
15
 
specified circumstances, at specified times or if specified
 
 
conditions are satisfied (or any combination of those);
 
 
(b)
provide for exceptions, which may be framed by reference to
 
 
the designation by a person of areas which are not heated
 
 
tobacco-free.
20
 
(4)
The regulations may, in particular, frame the circumstances in which
 
 
a vehicle is heated tobacco-free by reference to—
 
 
(a)
whether a person under the age of 18 is present;
 
 
(b)
its location.
 
 
(5)
The power to make regulations under this section is not exercisable
25
 
in relation to—
 
 
(a)
any ship or hovercraft in relation to which regulations could
 
 
be made under section 85 of the Merchant Shipping Act 1995
 
 
(safety and health on ships), including that section as applied
 
 
by any Order in Council under section 1(1)(h) of the Hovercraft
30
 
Act 1968, or
 
 
(b)
persons on any such ship or hovercraft.
 
 
(6)
Before making regulations under this section the Secretary of State
 
 
must consult any persons the Secretary of State considers it appropriate
 
 
to consult.
35
 
(7)
References in this Part, however expressed, to places or vehicles that
 
 
are heated tobacco-free, are to places or vehicles so far as they are
 
 
heated tobacco-free by virtue of regulations under this section.
 

Page 83

 
(8)
In this section “smoke-free place” has the meaning given by section
 
 
7(1).
 
8H
Offence of using a heated tobacco device
 
 
(1)
A person who uses a heated tobacco device in a heated tobacco-free
 
 
place or vehicle commits an offence.
5
 
(2)
It is a defence for a person charged with an offence under this section
 
 
to show that they did not know, and could not reasonably have been
 
 
expected to know, that it was a heated tobacco-free place or vehicle.
 
 
(3)
The Secretary of State may by regulations create defences to the offence
 
 
under this section for the purpose of allowing a performer to use a
10
 
heated tobacco device during a performance where that is justified in
 
 
order to preserve the artistic integrity of the performance.
 
 
(4)
If a person charged with an offence under this section relies on the
 
 
defence under or by virtue of subsection (2) or (3) , and evidence is
 
 
adduced which is sufficient to raise an issue with respect to that
15
 
defence, the court must assume that the defence is satisfied unless the
 
 
prosecution proves beyond reasonable doubt that it is not.
 
 
(5)
A person guilty of an offence under this section is liable on summary
 
 
conviction to fine not exceeding level 1 on the standard scale.
 
8I
Offence of failing to prevent use of heated tobacco device
20
 
(1)
A person who controls or is concerned in the management of a heated
 
 
tobacco-free place must cause a person using a heated tobacco device
 
 
there to stop using the device.
 
 
(2)
The driver of a heated tobacco-free vehicle, and any other person
 
 
specified in regulations made by the Secretary of State, must cause a
25
 
person using a heated tobacco device in the vehicle to stop using the
 
 
device.
 
 
(3)
A person who fails to comply with the duty in subsection (1) or (2)
 
 
commits an offence.
 
 
(4)
It is a defence for a person charged with an offence under subsection
30
 
(3) to show—
 
 
(a)
that they took reasonable steps to cause the person in question
 
 
to stop using the heated tobacco device,
 
 
(b)
that they did not know, and could not reasonably have been
 
 
expected to know, that the person in question was using a
35
 
heated tobacco device, or
 
 
(c)
that on other grounds it was reasonable for them not to comply
 
 
with the duty.
 
 
(5)
The Secretary of State may by regulations create defences to the offence
 
 
under subsection (3) for the purpose of allowing a performer to use
40

Page 84

 
a heated tobacco device during a performance where that is justified
 
 
in order to preserve the artistic integrity of the performance.
 
 
(6)
If a person charged with an offence under this section relies on a
 
 
defence under or by virtue of subsection (4) or (5) , and evidence is
 
 
adduced which is sufficient to raise an issue with respect to that
5
 
defence, the court must assume that the defence is satisfied unless the
 
 
prosecution proves beyond reasonable doubt that it is not.
 
 
(7)
A person guilty of an offence under this section is liable on summary
 
 
conviction to a fine not exceeding level 4 on the standard scale.
 
8J
Heated tobacco-free places and vehicles: signs
10
 
(1)
A person who occupies or is concerned in the management of a heated
 
 
tobacco-free place must make sure that signs are displayed in or near
 
 
that place in accordance with any requirements imposed by regulations
 
 
made by the Secretary of State for the purposes of this subsection.
 
 
(2)
A person who has management responsibilities for a heated
15
 
tobacco-free vehicle must to make sure that signs are displayed in that
 
 
vehicle in accordance with any requirements imposed by regulations
 
 
made by the Secretary of State for the purposes of this subsection.
 
 
(3)
The signs must indicate that the use of heated tobacco devices is
 
 
prohibited in the place or vehicle.
20
 
(4)
Regulations under subsection (1) or (2) may, in particular, impose
 
 
requirements about—
 
 
(a)
the content or appearance of a sign (for example, requirements
 
 
as to its size, design, colour, or wording);
 
 
(b)
how and where signs are to be displayed.
25
 
(5)
The Secretary of State may by regulations create exceptions to the duty
 
 
in subsection (2) .
 
 
(6)
A person who fails to comply with the duty in subsection (1) or (2)
 
 
commits an offence.
 
 
(7)
It is a defence for a person charged with an offence under subsection
30
 
(6) to show—
 
 
(a)
that they did not know, and could not reasonably have been
 
 
expected to know, that the place or vehicle was heated
 
 
tobacco-free, or
 
 
(b)
that they did not know, and could not reasonably have been
35
 
expected to know, that signs complying with the requirements
 
 
of this section were not being displayed in accordance with
 
 
the requirements of this section, or
 
 
(c)
that on other grounds it was reasonable for them not to comply
 
 
with the duty.
40

Page 85

 
(8)
If a person charged with an offence under subsection (6) relies on a
 
 
defence in subsection (7) , and evidence is adduced which is sufficient
 
 
to raise an issue with respect to that defence, the court must assume
 
 
that the defence is satisfied unless the prosecution proves beyond
 
 
reasonable doubt that it is not.
5
 
(9)
A person guilty of an offence under subsection (6) is liable on summary
 
 
conviction to a fine not exceeding level 3 on the standard scale.”
 
 
(3)
In section 79 (orders and regulations), in subsection (4)(a), after “, 8D (5) ,”
 
 
(inserted by section 138 of this Act) insert “, 8G , 8H (3) , 8I (5) ”.
 
140
Amendments consequential on sections
10
 
Schedule 17 contains amendments consequential on sections 135 to 139 .
 

Scotland

 
141
No-smoking premises in Scotland
 
 
(1)
In the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13)—
 
 
(a)
in section 4 (meaning of “no-smoking premises” etc), for subsections
15
 
(2) to (9) substitute—
 
 
“(2)
In this Part, “no-smoking premises” means such premises as
 
 
are prescribed by regulations made by the Scottish Ministers.
 
 
(3)
Premises other than vehicles may be prescribed as no-smoking
 
 
premises only if they are—
20
 
(a)
wholly or substantially enclosed,
 
 
(b)
workplaces, or
 
 
(c)
open to the public.
 
 
(4)
If premises that are not wholly or substantially enclosed are
 
 
used as a place of work, or open to the public, only some of
25
 
the time, regulations prescribing them as no-smoking premises
 
 
must provide for them to be no-smoking premises only when
 
 
so used.
 
 
(5)
The power to prescribe no-smoking premises may not be used
 
 
to prescribe a ship or hovercraft in relation to which regulations
30
 
could be made under section 85 of the Merchant Shipping Act
 
 
1995 (safety and health on ships), including that section as
 
 
applied by any Order in Council under section 1(1)(h) of the
 
 
Hovercraft Act 1968.
 
 
(6)
Regulations prescribing premises as no smoking-premises may,
35
 
in particular—
 
 
(a)
provide for them to be no-smoking premises, in
 
 
specified circumstances, at specified times or if specified
 
 
conditions are satisfied (or any combination of those);
 

Page 86

 
(b)
provide for exceptions, which may be framed by
 
 
reference to the designation by a person of areas in
 
 
which smoking is permitted.
 
 
(7)
The Scottish Ministers must consult such persons as they
 
 
consider appropriate before making any regulations under this
5
 
section.
 
 
(8)
The Scottish Ministers may by regulations define or elaborate
 
 
the meaning of “wholly or substantially enclosed” in subsection
 
 
(3) (a) .
 
 
(9)
In this section—
10
 
“open to the public” : premises are open to the public if
 
 
the public or a section of the public has access to them,
 
 
whether by invitation or not, and whether on payment
 
 
or not;
 
 
“premises” includes any place, including a moveable
15
 
structure or vehicle, other than an aircraft;
 
 
“vehicle” means every type of vehicle, including a vessel;
 
 
“work” includes voluntary work;
 
 
“workplace” means—
 
 
(a)
a place of work used by more than one person
20
 
(even if the persons who work there do so at
 
 
different times, or only intermittently), or
 
 
(b)
a place of work where members of the public
 
 
might attend for the purpose of seeking or
 
 
receiving goods or services from the person or
25
 
persons working there (even if members of the
 
 
public are not always present).”;
 
 
(b)
omit sections 4A to 4D (provision about smoking outside hospitals).
 
 
(2)
In regulation 3 of the Prohibition of Smoking in Certain Premises (Scotland)
 
 
Regulations 2006 (S.S.I. 2006/90) (“no-smoking premises”)—
30
 
(a)
in paragraph (1), for the words from “the premises or classes of
 
 
premises specified” to the end substitute “premises or classes of
 
 
premises that are—
 
 
“(a)
specified in Schedule 1 to these Regulations, and
 
 
(b)
wholly or substantially enclosed,
35
 
subject to paragraph (2).”;
 
 
(b)
for paragraph (2) substitute—
 
 
“(2)
But “no smoking-premises” does not include anything specified
 
 
in Schedule 2 to these Regulations.”;
 
 
(c)
in paragraph (3)—
40
 
(i)
for the words before paragraph (a) substitute “In this
 
 
regulation”;
 
 
(ii)
omit paragraph (a) ;
 

Page 87

 
(iii)
omit paragraph (f).
 
142
No-smoking signs in Scotland
 
 
(1)
The Smoking, Health and Social Care (Scotland) Act 2005 (asp 13) is amended
 
 
as follows.
 
 
(2)
For section 3 substitute—
5
“3
No-smoking signs
 
 
(1)
A person who has management or control of no-smoking premises
 
 
must make sure that no-smoking signs are displayed in or near those
 
 
premises in accordance with any requirements imposed by regulations
 
 
made by the Scottish Ministers for the purposes of this subsection.
10
 
(2)
The regulations may, in particular, impose requirements about—
 
 
(a)
the content or appearance of a sign (for example, requirements
 
 
as to its size, design, colour, or wording);
 
 
(b)
how and where signs are to be displayed.
 
 
(3)
The Scottish Ministers may by regulations create exceptions to
15
 
subsection (1) .
 
 
(4)
A person who fails to comply with the duty in subsection (1) commits
 
 
an offence.
 
 
(5)
It is a defence for an accused charged with an offence under this
 
 
section to prove that the accused (or any employee or agent of the
20
 
accused) took all reasonable precautions and exercised all due diligence
 
 
not to commit the offence.
 
 
(6)
A person guilty of an offence under subsection (4) is liable on summary
 
 
conviction to a fine not exceeding level 3 on the standard scale.”
 
 
(3)
In section 40 (regulations or orders), in subsection (3), for “ 3(3)” substitute
25
 
“3”.
 
143
Vape-free premises in Scotland
 
 
(1)
The Smoking, Health and Social Care (Scotland) Act 2005 (asp 3) is amended
 
 
as follows.
 
 
(2)
For the heading of Part 1 substitute “Smoking, vaping and similar activities”.
30
 
(3)
Sections 1 to 4 become a new Chapter 1 of Part 1, with the heading “Smoking:
 
 
prohibition and control”.
 

Page 88

 
(4)
Before section 5 insert—
 

Chapter 2

 
 
Vaping: prohibition and control
 
4E
Offence of permitting others to vape in vape-free premises
 
 
(1)
A person who, having the management or control of vape-free
5
 
premises, knowingly permits another to use a relevant vape there
 
 
commits an offence.
 
 
(2)
A person accused of an offence under this section is to be regarded
 
 
as having knowingly permitted another to use a relevant vape in
 
 
vape-free premises if that person ought to have known that the other
10
 
person was using a vape there.
 
 
(3)
It is a defence for an accused charged with an offence under this
 
 
section to prove—
 
 
(a)
that the accused (or any employee or agent of the accused)
 
 
took all reasonable precautions and exercised all due diligence
15
 
not to commit the offence; or
 
 
(b)
that there were no lawful and reasonably practicable means
 
 
by which the accused could prevent the other person from
 
 
using a relevant vape in the vape-free premises.
 
 
(4)
It is a defence for a person charged with an offence under this section
20
 
to show—
 
 
(a)
that the person permitted to use the vape was using it when
 
 
performing in a performance,
 
 
(b)
that the use of the vape was justified to preserve the artistic
 
 
integrity of the performance, and
25
 
(c)
that the vape was not being used to vaporise a substance
 
 
containing nicotine.
 
 
(5)
A person guilty of an offence under this section is liable, on summary
 
 
conviction, to a fine not exceeding level 4 on the standard scale.
 
 
(6)
In this Part “relevant vape” means a vape that is not a heated tobacco
30
 
device.
 
4F
Offence of vaping in vape-free premises
 
 
(1)
A person who uses a relevant vape in vape-free premises commits an
 
 
offence.
 
 
(2)
It is a defence for an accused charged with an offence under this
35
 
section to prove—
 
 
(a)
that the accused did not know, and could not reasonably be
 
 
expected to have known, that the place in which it is alleged
 
 
that the accused was using a relevant vape was vape-free
 
 
premises, or
40

Page 89

 
(b)
that—
 
 
(i)
the person was using the vape when performing in a
 
 
performance,
 
 
(ii)
that the use of the vape was justified to preserve the
 
 
artistic integrity of the performance, and
5
 
(iii)
that the vape was not being used to vaporise a
 
 
substance containing nicotine.
 
 
(3)
A person guilty of an offence under this section is liable, on summary
 
 
conviction, to a fine not exceeding level 3 on the standard scale.
 
4G
No-vaping signs
10
 
(1)
A person who has management or control of vape-free premises must
 
 
make sure that no-vaping signs are displayed in or near those premises
 
 
in accordance with any requirements imposed by regulations made
 
 
by the Scottish Ministers for the purposes of this subsection.
 
 
(2)
The regulations may, in particular, impose requirements about—
15
 
(a)
the content or appearance of a sign (for example, requirements
 
 
as to its size, design, colour, or wording);
 
 
(b)
how and where signs are to be displayed.
 
 
(3)
The Scottish Ministers may by regulations create exceptions to the
 
 
duty in subsection (1) .
20
 
(4)
A person who fails to comply with the duty in subsection (1) commits
 
 
an offence.
 
 
(5)
It is a defence for an accused charged with an offence under this
 
 
section to prove that the accused (or any employee or agent of the
 
 
accused) took all reasonable precautions and exercised all due diligence
25
 
not to commit the offence.
 
 
(6)
A person guilty of an offence under subsection (4) is liable on summary
 
 
conviction to a fine not exceeding level 3 on the standard scale.
 
4H
Vape-free premises
 
 
(1)
In this Part “vape-free premises” means such premises as are prescribed
30
 
by regulations made by the Scottish Ministers as vape-free.
 
 
(2)
Only no-smoking places may be prescribed as vape-free.
 
 
(3)
The power to prescribe premises as vape-free may not be used to
 
 
prescribe a ship or hovercraft in relation to which regulations could
 
 
be made under section 85 of the Merchant Shipping Act 1995 (safety
35
 
and health on ships), including that section as applied by any Order
 
 
in Council under section 1(1)(h) of the Hovercraft Act 1968.
 
 
(4)
Regulations prescribing premises as vape-free may, in particular—
 

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(a)
provide for them to be vape-free, in specified circumstances,
 
 
at specified times or if specified conditions are satisfied (or any
 
 
combination of those);
 
 
(b)
provide for exceptions, which may be framed by reference to
 
 
the designation by a person of areas which are not vape-free.
5
 
(5)
The Scottish Ministers must consult such persons as they consider
 
 
appropriate before making any regulations under this section.
 
 
(6)
In this section—
 
 
“no-smoking place” means—
 
 
(a)
no smoking premises (within the meaning of section
10
 
4(2)), and
 
 
(b)
a vehicle smoking in which is an offence under the
 
 
Smoking Prohibition (Children in Motor Vehicles)
 
 
(Scotland) Act 2016;
 
 
“premises” has the meaning given by section 4 (9) .”
15
 
(5)
Sections 5 to 10 become a new Chapter 4 of Part 1, with the heading
 
 
“Enforcement and general”.
 
 
(6)
In section 40 (regulations or orders), in subsection (3)(a), before “or paragraph
 
 
2” insert “, 4G , 4H (1) ”.
 
144
Heated tobacco-free premises in Scotland
20
 
(1)
The Smoking, Health and Social Care (Scotland) Act 2005 (asp 3) is amended
 
 
as follows.
 
 
(2)
After section 4H (inserted by section 143 of this Act) insert—
 

Chapter 3

 
 
Use of heated tobacco devices: prohibition and control
25
4I
Offence of permitting breaches in heated tobacco-free premises
 
 
(1)
A person who, having the management or control of heated
 
 
tobacco-free premises, knowingly permits another to use a heated
 
 
tobacco device there commits an offence.
 
 
(2)
A person accused of an offence under this section is to be regarded
30
 
as having knowingly permitted another to use a heated tobacco device
 
 
in heated tobacco-free premises if that person ought to have known
 
 
that the other person was using a heated tobacco device there.
 
 
(3)
It is a defence for an accused charged with an offence under this
 
 
section to prove—
35
 
(a)
that the accused (or any employee or agent of the accused)
 
 
took all reasonable precautions and exercised all due diligence
 
 
not to commit the offence; or
 

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(b)
that there were no lawful and reasonably practicable means
 
 
by which the accused could prevent the other person from
 
 
using a heated tobacco device in the heated tobacco-free
 
 
premises.
 
 
(4)
A person guilty of an offence under this section is liable, on summary
5
 
conviction, to a fine not exceeding level 4 on the standard scale.
 
4J
Offence of using heated tobacco device
 
 
(1)
A person who uses a heated tobacco device in heated tobacco-free
 
 
premises commits an offence.
 
 
(2)
It is a defence for an accused charged with an offence under this
10
 
section to prove that the accused did not know, and could not
 
 
reasonably be expected to have known, that the place in which it is
 
 
alleged that the accused was using a heated tobacco device was heated
 
 
tobacco-free premises.
 
 
(3)
A person guilty of an offence under this section is liable, on summary
15
 
conviction, to a fine not exceeding level 3 on the standard scale.
 
4K
Heated tobacco-free premises: signs
 
 
(1)
A person who occupies or is concerned in the management of heated
 
 
tobacco-free premises must make sure that signs are displayed in or
 
 
near those premises in accordance with any requirements imposed by
20
 
regulations made by the Scottish Ministers for the purposes of this
 
 
subsection.
 
 
(2)
The signs must indicate that the use of heated tobacco devices is
 
 
prohibited in the premises.
 
 
(3)
Regulations under subsection (1) may, in particular, impose
25
 
requirements about—
 
 
(a)
the content or appearance of a sign (for example, requirements
 
 
as to its size, design, colour, or wording);
 
 
(b)
how and where signs are to be displayed.
 
 
(4)
The Scottish Ministers may by regulations create exceptions to the
30
 
duty in subsection (1) .
 
 
(5)
A person who fails to comply with the duty in subsection (1) commits
 
 
an offence.
 
 
(6)
It is a defence for an accused charged with an offence under this
 
 
section to prove that the accused (or any employee or agent of the
35
 
accused) took all reasonable precautions and exercised all due diligence
 
 
not to commit the offence.
 
 
(7)
A person guilty of an offence under this section is liable on summary
 
 
conviction to a fine not exceeding level 3 on the standard scale.
 

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4L
Heated tobacco-free premises
 
 
(1)
In this Part “heated tobacco-free premises” means such premises as
 
 
are prescribed by regulations made by the Scottish Ministers as heated
 
 
tobacco-free.
 
 
(2)
Only no-smoking places may be prescribed as heated tobacco-free.
5
 
(3)
The power to prescribe premises as heated tobacco-free premises may
 
 
not be used to prescribe a ship or hovercraft in relation to which
 
 
regulations could be made under section 85 of the Merchant Shipping
 
 
Act 1995 (safety and health on ships), including that section as applied
 
 
by any Order in Council under section 1(1)(h) of the Hovercraft Act
10
 
1968.
 
 
(4)
Regulations prescribing premises as heated tobacco-free may, in
 
 
particular—
 
 
(a)
provide for them to be heated tobacco-free, in specified
 
 
circumstances, at specified times or if specified conditions are
15
 
satisfied (or any combination of those);
 
 
(b)
provide for exceptions, which may be framed by reference to
 
 
the designation by a person of areas which are not heated
 
 
tobacco-free.
 
 
(5)
The Scottish Ministers must consult such persons as they consider
20
 
appropriate before making any regulations under this section.
 
 
(6)
In this section—
 
 
“no-smoking place” means—
 
 
(a)
no smoking premises (within the meaning of section
 
 
4(2)), and
25
 
(b)
a vehicle smoking in which is an offence under the
 
 
Smoking Prohibition (Children in Motor Vehicles)
 
 
(Scotland) Act 2016;
 
 
“premises” has the meaning given by section 4 (9) .”
 
 
(3)
In section 40 (regulations or orders), in subsection (3)(a), after “ 4H (1) ” (inserted
30
 
by section 143 of this Act) insert “, 4K or 4L (1) ”.
 
145
Amendments consequential on sections
 
 
Schedule 18 contains amendments consequential on sections 141 to 144 .
 

Wales

 
146
Smoke-free places and vehicles in Wales: duty to consult
35
 
(1)
The Public Health (Wales) Act 2017 (anaw 2) is amended as follows.
 

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(2)
In the Welsh language text of section 13 (additional smoke-free places), after
 
 
subsection (7) insert—
 
 
“(8)
Cyn gwneud rheoliadau o dan yr adran hon, rhaid i Weinidogion
 
 
Cymru ymgynghori ag unrhyw bersonau y mae Gweinidogion Cymru
 
 
yn ystyried ei bod yn briodol ymgynghori â hwy.”
5
 
(3)
In the English language text of section 13 (additional smoke-free places), after
 
 
subsection (7) insert—
 
 
“(8)
Before making regulations under this section, the Welsh Ministers
 
 
must consult any persons the Welsh Ministers consider it appropriate
 
 
to consult.”
10
 
(4)
In the Welsh language text of section 15 (smoke-free vehicles), after subsection
 
 
(5) insert—
 
 
“(6)
Cyn gwneud rheoliadau o dan yr adran hon, rhaid i Weinidogion
 
 
Cymru ymgynghori ag unrhyw bersonau y mae Gweinidogion Cymru
 
 
yn ystyried ei bod yn briodol ymgynghori â hwy.”
15
 
(5)
In the English language text of section 15 (smoke-free vehicles), after subsection
 
 
(5) insert—
 
 
“(6)
Before making regulations under this section, the Welsh Ministers
 
 
must consult any persons the Welsh Ministers consider it appropriate
 
 
to consult.”
20
147
Smoke-free vehicles in Wales
 
 
(1)
The Public Health (Wales) Act 2017 (anaw 2) is amended as follows.
 
 
(2)
In the Welsh language text of section 15 (smoke-free vehicles), in subsection
 
 
(3), for paragraph (d) substitute—
 
 
“(d)
ar gyfer eithriadau, y gellir eu llunio drwy gyfeirio at y
25
 
dynodiad gan berson o ardaloedd nad ydynt yn ddi-fwg.”
 
 
(3)
In the English language text of section 15 (smoke-free vehicles), in subsection
 
 
(3), for paragraph (d) substitute—
 
 
“(d)
for exceptions, which may be framed by reference to the
 
 
designation by a person of areas which are not smoke-free.”
30
148
No-smoking signs in Wales
 
 
(1)
Section 17 of the Public Health (Wales) Act 2017 (anaw 2) (no-smoking signs)
 
 
is amended as follows.
 
 
(2)
In the Welsh language text—
 
 
(a)
for subsections (1) and (2) substitute—
35
 
“(1)
Rhaid i berson sy’n meddiannu mangre ddi-fwg neu sy’n
 
 
ymwneud â rheoli mangre ddi-fwg sicrhau bod arwyddion
 

Page 94

 
dim ysmygu yn cael eu harddangos yn y fangre honno neu’n
 
 
agos ati yn unol ag unrhyw ofynion a osodir gan reoliadau.
 
 
(2)
Caiff y rheoliadau, ymhlith pethau eraill, osod gofynion
 
 
ynghylch—
 
 
(a)
cynnwys neu ymddangosiad arwydd (er enghraifft,
5
 
gofynion o ran ei faint, ei ddyluniad, ei liw neu ei
 
 
eiriad);
 
 
(b)
sut a ble y mae arwyddion i gael eu harddangos.”
 
 
(b)
after subsection (3) insert—
 
 
“(3A)
Caiff rheoliadau o dan is-adran (3), ymhlith pethau eraill,
10
 
gynnwys unrhyw ddarpariaeth y caniateir ei gwneud gan
 
 
reoliadau o dan is-adran (1).”
 
 
(3)
In the English language text—
 
 
(a)
for subsections (1) and (2) substitute—
 
 
“(1)
A person who occupies or is concerned in the management of
15
 
smoke-free premises must make sure that no-smoking signs
 
 
are displayed in or near those premises in accordance with any
 
 
requirements imposed by regulations.
 
 
(2)
The regulations may, among other things, impose requirements
 
 
about—
20
 
(a)
the content or appearance of a sign (for example,
 
 
requirements as to its size, design, colour, or wording);
 
 
(b)
how and where signs are to be displayed.”
 
 
(b)
after subsection (3) insert—
 
 
“(3A)
Regulations under subsection (3) may, among other things,
25
 
include any provision that may be made by regulations under
 
 
subsection (1).”
 
149
Vape-free places in Wales
 
 
(1)
The Public Health (Wales) Act 2017 (anaw 2) is amended as follows.
 
 
(2)
In the Welsh language text, before section 18 (enforcement authorities) insert—
30

PENNOD 1A

 
 
Fepio
 
17B
Mannau a cherbydau di-fêp
 
 
(1)
Caiff rheoliadau ddynodi mannau neu gerbydau yng Nghymru yn
 
 
ddi-fêp.
35
 
(2)
Dim ond mangreoedd di-fwg neu cherbydau di-fwg y caniateir eu
 
 
dynodi’n ddi-fêp.
 
 
(3)
Caiff y rheoliadau, ymhlith pethau eraill—
 

Page 95

 
(a)
darparu i fannau neu gerbydau fod yn ddi-fêp, o dan
 
 
amgylchiadau penodedig, ar adegau penodedig neu os yw
 
 
amodau pendodedig wedi eu bodloni (neu unrhyw gyfuniad
 
 
o’r rhain);
 
 
(b)
darparu ar gyfer eithriadau, y gellir eu llunio drwy gyfeirio at
5
 
y dynodiad gan berson o ardaloedd nad ydynt yn ddi-fêp.
 
 
(4)
Caiff y rheoliadau, yn benodol, lunio’r amgylchiadau lle mae cerbyd
 
 
yn ddi-fêp drwy gyfeirio at—
 
 
(a)
a oes person o dan 18 oed yn bresennol;
 
 
(b)
ei leoliad.
10
 
(5)
Nid yw’r pŵer i wneud rheoliadau o dan yr adran hon yn arferadwy
 
 
mewn perthynas ag—
 
 
(a)
awyren,
 
 
(b)
hofrenfad, nac
 
 
(c)
llong y gellid gwneud rheoliadau mewn perthynas â hi o dan
15
 
adran 85 o Ddeddf Llongau Masnach 1995 (diogelwch ac iechyd
 
 
ar longau).
 
 
(6)
Cyn gwneud rheoliadau o dan yr adran hon, rhaid i Weinidogion
 
 
Cymru ymgynghori ag unrhyw bersonau y mae Gweinidogion Cymru
 
 
yn ystyried ei bod yn briodol ymgynghori â hwy.
20
 
(7)
Yn yr adran hon—
 
 
mae i “cerbyd di-fwg” (“ smoke-free vehicle ”) yr un ystyr ag ym
 
 
Mhennod 1 (gweler adran 15);
 
 
mae i “mangre di-fwg” (“ smoke-free premises ”) yr un ystyr ag ym
 
 
Mhennod 1 (gweler adrannau 7 i 14).
25
17C
Y drosedd o fepio mewn mannau neu gerbydau di-fêp
 
 
(1)
Mae person yn cyflawni trosedd os yw’r person yn defnyddio fêp
 
 
perthnasol—
 
 
(a)
mewn man di-fêp;
 
 
(b)
mewn cerbyd di-fêp.
30
 
(2)
Mae’n amddiffyniad i berson sydd wedi ei gyhuddo o drosedd o dan
 
 
yr adran hon—
 
 
(a)
dangos nad oedd y person yn gwybod, ac na ellid bod wedi
 
 
disgwyl yn rhesymol iddo wybod, fod y man neu’r cerbyd o
 
 
dan sylw yn fan di-fêp neu’n gerbyd di-fêp, neu
35
 
(b)
dangos—
 
 
(i)
bod y person a oedd yn defnyddio’r fêp yn ei
 
 
ddefnyddio wrth berfformio mewn perfformiad,
 
 
(ii)
bod cyfiawnhad i’r defnydd o’r fêp i gynnal uniondeb
 
 
artistig y perfformiad, a
40
 
(iii)
nad oedd y fêp yn cael ei ddefnyddio i anweddu
 
 
sylwedd yn cynnwys nicotin.
 

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(3)
Os yw person sydd wedi ei gyhuddo o drosedd o dan yr adran hon
 
 
yn dibynnu ar amddiffyniad yn is-adran (2), ac y dygir tystiolaeth
 
 
sy’n ddigonol i godi mater mewn cysylltiad â’r amddiffyniad hwnnw,
 
 
rhaid i’r llys gymryd bod yr amddiffyniad wedi ei fodloni oni bai bod
 
 
yr erlyniad yn profi y tu hwnt i amheuaeth resymol nad yw wedi ei
5
 
fodloni.
 
 
(4)
Mae person sy’n euog o drosedd o dan yr adran hon yn agored ar
 
 
euogfarn ddiannod i ddirwy nad yw’n uwch na lefel 1 ar y raddfa
 
 
safonol.
 
 
(5)
Yn y Bennod hon, ystyr “fêp perthnasol” yw fêp nad yw’n ddyfais
10
 
cynhesu tybaco.
 
17D
Y drosedd o fethu ag atal fepio
 
 
(1)
Rhaid i berson a chanddo reolaeth dros fan sy’n ddi-fêp neu sy’n
 
 
ymwneud â rheoli man sy’n ddi-fêp gymryd camau rhesymol i beri
 
 
i berson sy’n defnyddio fêp perthnasol yno beidio â defnyddio’r fêp.
15
 
(2)
Rhaid i yrrwr cerbyd di-fêp, ac unrhyw berson arall a bennir mewn
 
 
rheoliadau, gymryd camau rhesymol i beri i berson sy’n defnyddio
 
 
fêp perthnasol yn y cerbyd beidio â defnyddio’r fêp.
 
 
(3)
Mae person sy’n methu â chydymffurfio â’r ddyletswydd yn is-adran
 
 
(1) neu (2) yn cyflawni trosedd.
20
 
(4)
Mae’n amddiffyniad i berson sydd wedi ei gyhuddo o drosedd o dan
 
 
yr adran hon ddangos nad oedd yn gwybod, ac na ellid bod wedi
 
 
disgwyl yn rhesymol iddo wybod, fod y person o dan sylw yn
 
 
defnyddio fêp.
 
 
(5)
Mae’n amddiffyniad i berson sydd wedi ei gyhuddo o drosedd o dan
25
 
yr adran hon ddangos—
 
 
(a)
bod y person a oedd yn defnyddio’r fêp yn ei ddefnyddio wrth
 
 
berfformio mewn perfformiad,
 
 
(b)
bod cyfiawnhad i’r defnydd o’r fêp i gynnal uniondeb artistig
 
 
y perfformiad, ac
30
 
(c)
nad oedd y fêp yn cael ei ddefnyddio i anweddu sylwedd yn
 
 
cynnwys nicotin.
 
 
(6)
Os yw person sydd wedi ei gyhuddo o drosedd o dan yr adran hon
 
 
yn dibynnu ar yr amddiffyniad yn is-adran (4) neu (5), ac y dygir
 
 
tystiolaeth sy’n ddigonol i godi mater mewn cysylltiad â’r
35
 
amddiffyniad hwnnw, rhaid i’r llys gymryd bod yr amddiffyniad wedi
 
 
ei fodloni oni bai bod yr erlyniad yn profi y tu hwnt i amheuaeth
 
 
resymol nad yw wedi ei fodloni.
 
 
(7)
Mae person sy’n euog o drosedd o dan yr adran hon yn agored ar
 
 
euogfarn ddiannod i ddirwy nad yw’n uwch na lefel 4 ar y raddfa
40
 
safonol.
 

Page 97

17E
Arwyddion: mannau a cherbydau di-fêp
 
 
(1)
Rhaid i berson sy’n meddiannu man di-fêp neu sy’n ymwneud â rheoli
 
 
man di-fêp sicrhau bod arwyddion dim fepio yn cael eu harddangos
 
 
yn y man hwnnw neu’n agos ato yn unol ag unrhyw ofynion a osodir
 
 
gan reoliadau.
5
 
(2)
Rhaid i berson sydd â chyfrifoldebau rheoli am gerbyd di-fêp sicrhau
 
 
bod arwyddion dim fepio yn cael eu harddangos yn y cerbyd hwnnw
 
 
yn unol ag unrhyw ofynion a osodir gan reoliadau.
 
 
(3)
Caiff rheoliadau o dan is-adran (1) neu (2) , ymhlith pethau eraill, osod
 
 
gofynion ynghylch—
10
 
(a)
cynnwys neu ymddangosiad arwydd (er enghraifft, gofynion
 
 
o ran ei faint, ei ddyluniad, ei liw neu ei eiriad);
 
 
(b)
sut a ble y mae arwyddion i gael eu harddangos.
 
 
(4)
Caiff rheoliadau greu eithriadau i'r ddyletswydd yn is-adran (2) .
 
 
(5)
Mae person sy’n methu â chydymffurfio â’r ddyletswydd yn is-adran
15
 
(1) neu (2) yn cyflawni trosedd.
 
 
(6)
Mae’n amddiffyniad i berson sydd wedi ei gyhuddo o drosedd o dan
 
 
yr adran hon ddangos—
 
 
(a)
nad oedd y person yn gwybod, ac na ellid bod wedi disgwyl
 
 
yn rhesymol iddo wybod, fod y man neu’r cerbyd yn ddi-fêp,
20
 
(b)
nad oedd y person yn gwybod, ac na ellid bod wedi disgwyl
 
 
yn rhesymol iddo wybod, nad oedd arwyddion sy’n
 
 
cydymffurfio â gofynion yr adran hon yn cael eu harddangos
 
 
yn unol â gofynion yr adran hon, neu
 
 
(c)
ei bod, ar seiliau eraill, yn rhesymol i’r person beidio â
25
 
chydymffurfio â’r ddyletswydd.
 
 
(7)
Os yw person sydd wedi ei gyhuddo o drosedd o dan yr adran hon
 
 
yn dibynnu ar amddiffyniad yn is-adran (6), ac y dygir tystiolaeth
 
 
sy’n ddigonol i godi mater mewn cysylltiad â’r amddiffyniad hwnnw,
 
 
rhaid i’r llys gymryd bod yr amddiffyniad wedi ei fodloni oni bai bod
30
 
yr erlyniad yn profi y tu hwnt i amheuaeth resymol nad yw wedi ei
 
 
fodloni.
 
 
(8)
Mae person sy’n euog o drosedd o dan yr adran hon yn agored ar
 
 
euogfarn ddiannod i ddirwy nad yw’n uwch na lefel 3 ar y raddfa
 
 
safonol.
35
 
(9)
Nid yw’r adran hon yn gymwys mewn cysylltiad ag unrhyw fangre
 
 
a ddefnyddir i unrhyw raddau fel annedd.
 
17F
Dehongli’r Bennod hon
 
 
Yn y Bennod hon—
 
 
mae i “anweddu” yr ystyr a roddir i “vaporises” gan adran 47 o
40
 
Ddeddf Tybaco a Fêps 2024;
 

Page 98

 
ystyr “dyfais cynhesu tybaco” (“ heated tobacco device ”) yw dyfais
 
 
sy’n cynhesu tybaco i gynhyrchu anwedd neu erosol at ddiben
 
 
mewnanadlu drwy ddarn a roddir yn y geg (pa un a yw hefyd
 
 
yn gallu cynhesu sylwedd arall i gynhyrchu anwedd neu erosol
 
 
ai peidio);
5
 
mae i “fêp” yr ystyr a roddir i “vape” gan adran 47 o Ddeddf
 
 
Tybaco a Fêps 2024;
 
 
mae i “fêp perthnasol” (“ relevant vape ”) yr ystyr a roddir gan
 
 
adran 17C (5) ;
 
 
mae “perfformiad” (“ performance ”) yn cynnwys—
10
 
(a)
perfformio drama neu berfformiad a roddir mewn
 
 
cysylltiad â gwneud ffilm neu raglen deledu, a
 
 
(b)
ymarfer.”
 
 
(3)
In the English language text, before section 18 (enforcement authorities)
 
 
insert—
15

Chapter 1A

 
 
Vaping
 
17B
Vape-free places and vehicles
 
 
(1)
Regulations may designate places or vehicles in Wales as vape-free.
 
 
(2)
Only smoke-free premises or smoke-free vehicles may be designated
20
 
as vape-free.
 
 
(3)
The regulations may, among other things—
 
 
(a)
provide for places or vehicles to be vape-free, in specified
 
 
circumstances, at specified times or if specified conditions are
 
 
satisfied (or any combination of those);
25
 
(b)
provide for exceptions, which may be framed by reference to
 
 
the designation by a person of areas which are not vape-free.
 
 
(4)
The regulations may, in particular, frame the circumstances in which
 
 
a vehicle is vape-free by reference to—
 
 
(a)
whether a person under the age of 18 is present;
30
 
(b)
its location.
 
 
(5)
The power to make regulations under this section is not exercisable
 
 
in relation to—
 
 
(a)
an aircraft,
 
 
(b)
a hovercraft, or
35
 
(c)
a ship in relation to which regulations could be made under
 
 
section 85 of the Merchant Shipping Act 1995 (safety and health
 
 
on ships).
 
 
(6)
Before making regulations under this section the Welsh Ministers must
 
 
consult any persons the Welsh Ministers consider it appropriate to
40
 
consult.
 

Page 99

 
(7)
In this section—
 
 
“smoke-free premises” (“ mangre di-fwg ”) has the same meaning
 
 
as in Chapter 1 (see sections 7 to 14);
 
 
“smoke-free vehicle” (“ cerbyd di-fwg ”) has the same meaning as
 
 
in Chapter 1 (see section 15).
5
17C
Offence of vaping in vape-free places or vehicles
 
 
(1)
A person commits an offence if the person uses a relevant vape—
 
 
(a)
in a vape-free place;
 
 
(b)
in a vape-free vehicle.
 
 
(2)
It is a defence for a person charged with an offence under this section
10
 
to show—
 
 
(a)
that the person did not know, and could not reasonably have
 
 
been expected to know, that the place or vehicle concerned
 
 
was a vape-free place or a vape-free vehicle, or
 
 
(b)
that—
15
 
(i)
the person using the vape was using it when performing
 
 
in a performance,
 
 
(ii)
that the use of the vape was justified to preserve the
 
 
artistic integrity of the performance, and
 
 
(iii)
that the vape was not being used to vaporise a
20
 
substance containing nicotine.
 
 
(3)
If a person charged with an offence under this section relies on a
 
 
defence in subsection (2) , and evidence is adduced which is sufficient
 
 
to raise an issue with respect to that defence, the court must assume
 
 
that the defence is satisfied unless the prosecution proves beyond
25
 
reasonable doubt that it is not.
 
 
(4)
A person guilty of an offence under this section is liable on summary
 
 
conviction to a fine not exceeding level 1 on the standard scale.
 
 
(5)
In this Chapter “relevant vape” means a vape that is not a heated
 
 
tobacco device.
30
17D
Offence of failing to prevent vaping
 
 
(1)
A person who controls or is concerned in the management of place
 
 
that is vape-free must take reasonable steps to cause a person using
 
 
a relevant vape there to stop using the vape.
 
 
(2)
The driver of a vape-free vehicle, and any other person specified in
35
 
regulations, must take reasonable steps to cause a person using a
 
 
relevant vape in the vehicle to stop using the vape.
 
 
(3)
A person who fails to comply with the duty in subsection (1) or (2)
 
 
commits an offence.
 

Page 100

 
(4)
It is a defence for a person charged with an offence under this section
 
 
to show that they did not know, and could not reasonably have been
 
 
expected to know, that the person in question was using a vape.
 
 
(5)
It is a defence for a person charged with an offence under this section
 
 
to show—
5
 
(a)
that the person using the vape was using it when performing
 
 
in a performance,
 
 
(b)
that the use of the vape was justified to preserve the artistic
 
 
integrity of the performance, and
 
 
(c)
that the vape was not being used to vaporise a substance
10
 
containing nicotine.
 
 
(6)
If a person charged with an offence under this section relies on the
 
 
defence in subsection (4) or (5) , and evidence is adduced which is
 
 
sufficient to raise an issue with respect to that defence, the court must
 
 
assume that the defence is satisfied unless the prosecution proves
15
 
beyond reasonable doubt that it is not.
 
 
(7)
A person guilty of an offence under this section is liable on summary
 
 
conviction to a fine not exceeding level 4 on the standard scale.
 
17E
Signs: vape-free places and vehicles
 
 
(1)
A person who occupies or is concerned in the management of a
20
 
vape-free place must make sure that no-vaping signs are displayed in
 
 
or near that place in accordance with any requirements imposed by
 
 
regulations.
 
 
(2)
A person who has management responsibilities for a vape-free vehicle
 
 
must make sure that no-vaping signs are displayed in that vehicle in
25
 
accordance with any requirements imposed by regulations.
 
 
(3)
Regulations under subsection (1) or (2) may, among other things,
 
 
impose requirements about—
 
 
(a)
the content or appearance of a sign (for example, requirements
 
 
as to its size, design, colour, or wording);
30
 
(b)
how and where signs are to be displayed.
 
 
(4)
Regulations may create exceptions to the duty in subsection (2) .
 
 
(5)
A person who fails to comply with the duty in subsection (1) or (2)
 
 
commits an offence.
 
 
(6)
It is a defence for a person charged with an offence under this section
35
 
to show—
 
 
(a)
that the person did not know, and could not reasonably have
 
 
been expected to know, that the place or vehicle was vape-free,
 
 
(b)
that the person did not know, and could not reasonably have
 
 
been expected to know, that signs complying with the
40

Page 101

 
requirements of this section were not being displayed in
 
 
accordance with the requirements of this section, or
 
 
(c)
that on other grounds it was reasonable for the person not to
 
 
comply with the duty.
 
 
(7)
If a person charged with an offence under this section relies on a
5
 
defence in subsection (6) , and evidence is adduced which is sufficient
 
 
to raise an issue with respect to that defence, the court must assume
 
 
that the defence is satisfied unless the prosecution proves beyond
 
 
reasonable doubt that it is not.
 
 
(8)
A person guilty of an offence under this section is liable on summary
10
 
conviction to a fine not exceeding level 3 on the standard scale.
 
 
(9)
This section does not apply in respect of any premises used to any
 
 
extent as a dwelling.
 
17F
Interpretation of this Chapter
 
 
In this Chapter—
15
 
“heated tobacco device” (“ dyfais cynhesu tybaco ”) means a device
 
 
that heats tobacco to generate a vapour or an aerosol for the
 
 
purpose of inhalation through a mouthpiece (whether or not
 
 
it can also heat other matter to produce a vapour or aerosol);
 
 
“performance” (“ perfformiad ”) includes—
20
 
(a)
the performance of a play or a performance given in
 
 
connection with the making of a film or television
 
 
programme, and
 
 
(b)
a rehearsal;
 
 
“relevant vape” (“ fêp perthnasol ”) has the meaning given by section
25
 
17C (5) ;
 
 
“vape” (“ fêp ”) has the meaning given by section 47 of the Tobacco
 
 
and Vapes Act 2024;
 
 
“vaporises” (“ anweddu ”) has the meaning given by section 47 of
 
 
the Tobacco and Vapes Act 2024.”
30
 
(4)
In the Welsh language text and the English language text of section 123, in
 
 
subsection (2)(a), before “or 50(2)” insert “ 17B (1) ,”.
 
150
Heated tobacco-free places in Wales
 
 
(1)
The Public Health (Wales) Act 2017 (anaw 2) is amended as follows.
 

Page 102

 
(2)
In the Welsh language text, after section 17F (inserted by section 149 ) insert—
 

PENNOD 1B

 
 
Defenyddio dyfeisiau cynhesu tybaco
 
17G
Mannau a cherbydau dim tybaco wedi ei gynhesu
 
 
(1)
Caiff rheoliadau ddynodi mannau neu gerbydau yng Nghymru yn
5
 
rhai dim tybaco wedi ei gynhesu.
 
 
(2)
Dim ond mangreoedd di-fwg neu cherbydau di-fwg y caniateir eu
 
 
dynodi’n rhai dim tybaco wedi ei gynhesu.
 
 
(3)
Caiff y rheoliadau, ymhlith pethau eraill—
 
 
(a)
darparu i fannau neu gerbydau fod yn rhai dim tybaco wedi
10
 
ei gynhesu, o dan amgylchiadau penodedig, ar adegau
 
 
penodedig neu os yw amodau penodedig wedi eu bodloni
 
 
(neu unrhyw gyfuniad o’r rhain);
 
 
(b)
darparu ar gyfer eithriadau, y gellir eu llunio drwy gyfeirio at
 
 
y dynodiad gan berson o ardaloedd nad ydynt yn rhai dim
15
 
tybaco wedi ei gynhesu.
 
 
(4)
Caiff y rheoliadau, yn benodol, lunio’r amgylchiadau lle mae cerbyd
 
 
yn un dim tybaco wedi ei gynhesu drwy gyfeirio at—
 
 
(a)
a oes person o dan 18 oed yn bresennol;
 
 
(b)
ei leoliad.
20
 
(5)
Nid yw’r pŵer i wneud rheoliadau o dan yr adran hon yn arferadwy
 
 
mewn perthynas ag—
 
 
(a)
awyren,
 
 
(b)
hofrenfad, nac
 
 
(c)
llong y gellid gwneud rheoliadau mewn perthynas â hi o dan
25
 
adran 85 o Ddeddf Llongau Masnach 1995 (diogelwch ac iechyd
 
 
ar longau).
 
 
(6)
Cyn gwneud rheoliadau o dan yr adran hon, rhaid i Weinidogion
 
 
Cymru ymgynghori ag unrhyw bersonau y mae Gweinidogion Cymru
 
 
yn ystyried ei bod yn briodol ymgynghori â hwy.
30
 
(7)
Yn yr adran hon—
 
 
mae i “cerbyd di-fwg” (“ smoke-free vehicle ”) yr un ystyr ag ym
 
 
Mhennod 1 (gweler adran 15);
 
 
mae i “mangre di-fwg” (“ smoke-free premises ”) yr un ystyr ag ym
 
 
Mhennod 1 (gweler adrannau 7 i 14).
35
17H
Y drosedd o ddefnyddio dyfais cynhesu tybaco
 
 
(1)
Mae person yn cyflawni trosedd os yw’r person yn defnyddio dyfais
 
 
cynhesu tybaco—
 
 
(a)
mewn man dim tybaco wedi ei gynhesu;
 

Page 103

 
(b)
mewn cerbyd dim tybaco wedi ei gynhesu.
 
 
(2)
Mae’n amddiffyniad i berson sydd wedi ei gyhuddo o drosedd o dan
 
 
yr adran hon ddangos nad oedd y person yn gwybod, ac na ellid bod
 
 
wedi disgwyl yn rhesymol iddo wybod, fod y man neu’r cerbyd o
 
 
dan sylw yn fan dim tybaco wedi ei gynhesu neu’n gerbyd dim tybaco
5
 
wedi ei gynhesu.
 
 
(3)
Os yw person sydd wedi ei gyhuddo o drosedd o dan yr adran hon
 
 
yn dibynnu ar yr amddiffyniad yn is-adran (2), ac y dygir tystiolaeth
 
 
sy’n ddigonol i godi mater mewn cysylltiad â’r amddiffyniad hwnnw,
 
 
rhaid i’r llys gymryd bod yr amddiffyniad wedi ei fodloni oni bai bod
10
 
yr erlyniad yn profi y tu hwnt i amheuaeth resymol nad yw wedi ei
 
 
fodloni.
 
 
(4)
Mae person sy’n euog o drosedd o dan yr adran hon yn agored ar
 
 
euogfarn ddiannod i ddirwy nad yw’n uwch na lefel 1 ar y raddfa
 
 
safonol.
15
17I
Y drosedd o fethu ag atal defnydd o ddyfais cynhesu tybaco
 
 
(1)
Rhaid i berson a chanddo reolaeth dros fan dim tybaco wedi ei
 
 
gynhesu neu sy’n ymwneud â rheoli man dim tybaco wedi ei gynhesu
 
 
gymryd camau rhesymol i beri i berson sy’n defnyddio dyfais cynhesu
 
 
tybaco yno beidio â defnyddio’r ddyfais.
20
 
(2)
Rhaid i yrrwr cerbyd dim tybaco wedi ei gynhesu, ac unrhyw berson
 
 
arall a bennir mewn rheoliadau, gymryd camau rhesymol i beri i
 
 
berson sy’n defnyddio dyfais cynhesu tybaco yn y cerbyd beidio â
 
 
defnyddio’r ddyfais.
 
 
(3)
Mae person sy’n methu â chydymffurfio â’r ddyletswydd yn is-adran
25
 
(1) neu (2) yn cyflawni trosedd.
 
 
(4)
Mae’n amddiffyniad i berson sydd wedi ei gyhuddo o drosedd o dan
 
 
yr adran hon ddangos nad oedd yn gwybod, ac na ellid bod wedi
 
 
disgwyl yn rhesymol iddo wybod, fod y person o dan sylw yn
 
 
defnyddio dyfais cynhesu tybaco.
30
 
(5)
Os yw person sydd wedi ei gyhuddo o drosedd o dan yr adran hon
 
 
yn dibynnu ar yr amddiffyniad yn is-adran (4), ac y dygir tystiolaeth
 
 
sy’n ddigonol i godi mater mewn cysylltiad â’r amddiffyniad hwnnw,
 
 
rhaid i’r llys gymryd bod yr amddiffyniad wedi ei fodloni oni bai bod
 
 
yr erlyniad yn profi y tu hwnt i amheuaeth resymol nad yw wedi ei
35
 
fodloni.
 
 
(6)
Mae person sy’n euog o drosedd o dan yr adran hon yn agored ar
 
 
euogfarn ddiannod i ddirwy nad yw’n uwch na lefel 4 ar y raddfa
 
 
safonol.
 

Page 104

17J
Mannau a cherbydau dim tybaco wedi ei gynhesu: arwyddion
 
 
(1)
Rhaid i berson sy’n meddiannu man dim tybaco wedi ei gynhesu neu
 
 
sy’n ymwneud â rheoli man dim tybaco wedi ei gynhesu sicrhau bod
 
 
arwyddion yn cael eu harddangos yn y man hwnnw neu’n agos ato
 
 
yn unol ag unrhyw ofynion a osodir gan reoliadau.
5
 
(2)
Rhaid i berson sydd â chyfrifoldebau rheoli am gerbyd di-gynhesu
 
 
tybaco sicrhau bod arwyddion yn cael eu harddangos yn y cerbyd
 
 
hwnnw yn unol ag unrhyw ofynion a osodir gan reoliadau.
 
 
(3)
Rhaid i’r arwyddion ddynodi bod y defnydd o ddyfeisiau cynhesu
 
 
tybaco wedi ei wahardd yn y man neu’r cerbyd.
10
 
(4)
Caiff rheoliadau o dan is-adran (1) neu (2), ymhlith pethau eraill, osod
 
 
gofynion ynghylch—
 
 
(a)
cynnwys neu ymddangosiad arwydd (er enghraifft, gofynion
 
 
o ran ei faint, ei ddyluniad, ei liw neu ei eiriad);
 
 
(b)
sut a ble y mae arwyddion i gael eu harddangos.
15
 
(5)
Caiff rheoliadau greu eithriadau i'r ddyletswydd yn is-adran (2).
 
 
(6)
Mae person sy’n methu â chydymffurfio â’r ddyletswydd yn is-adran
 
 
(1) neu (2) yn cyflawni trosedd.
 
 
(7)
Mae’n amddiffyniad i berson sydd wedi ei gyhuddo o drosedd o dan
 
 
yr adran hon ddangos—
20
 
(a)
nad oedd y person yn gwybod, ac na ellid bod wedi disgwyl
 
 
yn rhesymol iddo wybod, fod y man neu’r cerbyd yn un dim
 
 
tybaco wedi ei gynhesu,
 
 
(b)
nad oedd y person yn gwybod, ac na ellid bod wedi disgwyl
 
 
yn rhesymol iddo wybod, nad oedd arwyddion sy’n
25
 
cydymffurfio â gofynion yr adran hon yn cael eu harddangos
 
 
yn unol â gofynion yr adran hon, neu
 
 
(c)
ei bod, ar seiliau eraill, yn rhesymol i’r person beidio â
 
 
chydymffurfio â’r ddyletswydd.
 
 
(8)
Os yw person sydd wedi ei gyhuddo o drosedd o dan yr adran hon
30
 
yn dibynnu ar amddiffyniad yn is-adran (7), ac y dygir tystiolaeth
 
 
sy’n ddigonol i godi mater mewn cysylltiad â’r amddiffyniad hwnnw,
 
 
rhaid i’r llys gymryd bod yr amddiffyniad wedi ei fodloni oni bai bod
 
 
yr erlyniad yn profi y tu hwnt i amheuaeth resymol nad yw wedi ei
 
 
fodloni.
35
 
(9)
Mae person sy’n euog o drosedd o dan yr adran hon yn agored ar
 
 
euogfarn ddiannod i ddirwy nad yw’n uwch na lefel 3 ar y raddfa
 
 
safonol.
 
 
(10)
Nid yw’r adran hon yn gymwys mewn cysylltiad ag unrhyw fangre
 
 
a ddefnyddir i unrhyw raddau fel annedd.
40

Page 105

17K
“Dyfais cynhesu tybaco”
 
 
Yn y Bennod hon, ystyr “dyfais cynhesu tybaco” yw dyfais sy’n
 
 
cynhesu tybaco i gynhyrchu anwedd neu erosol at ddiben mewnanadlu
 
 
drwy ddarn i’w roi yn y geg (pa un a yw hefyd yn gallu cynhesu
 
 
sylwedd arall i gynhyrchu anwedd neu erosol ai peidio).”
5
 
(3)
In the English language text, after section 17F (inserted by section 149 ) insert—
 

Chapter 1B

 
 
Using heated Tobacco devices
 
17G
Heated tobacco-free places and vehicles
 
 
(1)
Regulations may designate places or vehicles in Wales as heated
10
 
tobacco-free.
 
 
(2)
Only smoke-free premises or smoke-free vehicles may be designated
 
 
as heated tobacco-free.
 
 
(3)
The regulations may, among other things—
 
 
(a)
provide for places or vehicles to be heated tobacco-free, in
15
 
specified circumstances, at specified times or if specified
 
 
conditions are satisfied (or any combination of those);
 
 
(b)
provide for exceptions, which may be framed by reference to
 
 
the designation by a person of areas which are not heated
 
 
tobacco-free.
20
 
(4)
The regulations may, in particular, frame the circumstances in which
 
 
a vehicle is heated tobacco-free by reference to—
 
 
(a)
whether a person under the age of 18 is present;
 
 
(b)
its location.
 
 
(5)
The power to make regulations under this section is not exercisable
25
 
in relation to—
 
 
(a)
an aircraft,
 
 
(b)
a hovercraft, or
 
 
(c)
a ship in relation to which regulations could be made under
 
 
section 85 of the Merchant Shipping Act 1995 (safety and health
30
 
on ships).
 
 
(6)
Before making regulations under this section the Welsh Ministers must
 
 
consult any persons the Welsh Ministers consider it appropriate to
 
 
consult.
 
 
(7)
In this section—
35
 
“smoke-free premises” (“ mangre di-fwg ”) has the same meaning
 
 
as in Chapter 1 (see sections 7 to 14);
 
 
“smoke-free vehicle” (“ cerbyd di-fwg ”) has the same meaning as
 
 
in Chapter 1 (see section 15).
 

Page 106

17H
Offence of using heated tobacco device
 
 
(1)
A person commits an offence if the person uses a heated tobacco
 
 
device—
 
 
(a)
in a heated tobacco-free place;
 
 
(b)
in a heated tobacco-free vehicle.
5
 
(2)
It is a defence for a person charged with an offence under this section
 
 
to show that the person did not know, and could not reasonably have
 
 
been expected to know, that the place or vehicle concerned was a
 
 
heated tobacco-free place or a heated tobacco-free vehicle.
 
 
(3)
If a person charged with an offence under this section relies on the
10
 
defence in subsection (2) , and evidence is adduced which is sufficient
 
 
to raise an issue with respect to that defence, the court must assume
 
 
that the defence is satisfied unless the prosecution proves beyond
 
 
reasonable doubt that it is not.
 
 
(4)
A person guilty of an offence under this section is liable on summary
15
 
conviction to a fine not exceeding level 1 on the standard scale.
 
17I
Offence of failing to prevent use of heated tobacco device
 
 
(1)
A person who controls or is concerned in the management of place
 
 
that is heated tobacco-free must take reasonable steps to cause a person
 
 
using a heated tobacco device there to stop using the device.
20
 
(2)
The driver of a heated tobacco-free vehicle, and any other person
 
 
specified in regulations, must take reasonable steps to cause a person
 
 
using a heated tobacco device in the vehicle to stop using the device.
 
 
(3)
A person who fails to comply with the duty in subsection (1) or (2)
 
 
commits an offence.
25
 
(4)
It is a defence for a person charged with an offence under this section
 
 
to show that they did not know, and could not reasonably have been
 
 
expected to know, that the person in question was using a heated
 
 
tobacco device.
 
 
(5)
If a person charged with an offence under this section relies on the
30
 
defence in subsection (4) , and evidence is adduced which is sufficient
 
 
to raise an issue with respect to that defence, the court must assume
 
 
that the defence is satisfied unless the prosecution proves beyond
 
 
reasonable doubt that it is not.
 
 
(6)
A person guilty of an offence under this section is liable on summary
35
 
conviction to a fine not exceeding level 4 on the standard scale.
 
17J
Heated tobacco-free places and vehicles: signs
 
 
(1)
A person who occupies or is concerned in the management of a heated
 
 
tobacco-free place must make sure that signs are displayed in or near
 
 
that place in accordance with any requirements imposed by regulations.
40

Page 107

 
(2)
A person who has management responsibilities for a heated
 
 
tobacco-free vehicle must make sure that signs are displayed in that
 
 
vehicle in accordance with any requirements imposed by regulations.
 
 
(3)
The signs must indicate that the use of heated tobacco devices is
 
 
prohibited in the place or vehicle.
5
 
(4)
Regulations under subsection (1) or (2) may, among other things,
 
 
impose requirements about—
 
 
(a)
the content or appearance of a sign (for example, requirements
 
 
as to its size, design, colour, or wording);
 
 
(b)
how and where signs are to be displayed.
10
 
(5)
Regulations may create exceptions to the duty in subsection (2) .
 
 
(6)
A person who fails to comply with the duty in subsection (1) or (2)
 
 
commits an offence.
 
 
(7)
It is a defence for a person charged with an offence under this section
 
 
to show—
15
 
(a)
that the person did not know, and could not reasonably have
 
 
been expected to know, that the place or vehicle was heated
 
 
tobacco-free,
 
 
(b)
that the person did not know, and could not reasonably have
 
 
been expected to know, that signs complying with the
20
 
requirements of this section were not being displayed in
 
 
accordance with the requirements of this section, or
 
 
(c)
that on other grounds it was reasonable for the person not to
 
 
comply with the duty.
 
 
(8)
If a person charged with an offence under this section relies on a
25
 
defence in subsection (7) , and evidence is adduced which is sufficient
 
 
to raise an issue with respect to that defence, the court must assume
 
 
that the defence is satisfied unless the prosecution proves beyond
 
 
reasonable doubt that it is not.
 
 
(9)
A person guilty of an offence under this section is liable on summary
30
 
conviction to a fine not exceeding level 3 on the standard scale.
 
 
(10)
This section does not apply in respect of any premises used to any
 
 
extent as a dwelling.
 
17K
“Heated tobacco device”
 
 
In this Chapter, “heated tobacco device” means a device that heats
35
 
tobacco to generate a vapour or an aerosol for the purpose of inhalation
 
 
through a mouthpiece (whether or not it can also heat other matter
 
 
to produce a vapour or aerosol).”
 
 
(4)
In the Welsh language text and the English language text of section 123, in
 
 
subsection (2)(a), after “ 17B (1) ,” (inserted by section 149 of this Act) insert
40
 
“ 17G (1) ”.
 

Page 108

151
Amendments consequential on sections
 
 
Schedule 19 contains amendments consequential on sections 146 to 150 .
 

Northern Ireland

 
152
Additional smoke-free places in Northern Ireland
 
 
(1)
The Smoking (Northern Ireland) Order 2006 (S.I. 2006/2957 (N.I. 20)) is
5
 
amended as follows.
 
 
(2)
For Article 5 substitute—
 
“5
Additional smoke-free places
 
 
(1)
The Department may make regulations designating as smoke-free any
 
 
place that—
10
 
(a)
is a workplace, or
 
 
(b)
is open to the public,
 
 
and is not smoke-free under Article 3.
 
 
(2)
If the place is used as a place of work or open to the public only some
 
 
of the time the regulations must provide for it to be smoke-free only
15
 
when so used.
 
 
(3)
The regulations may, in particular—
 
 
(a)
provide for places to be smoke-free, in specified circumstances,
 
 
at specified times or if specified conditions are satisfied (or any
 
 
combination of those);
20
 
(b)
provide for exceptions, which may be framed by reference to
 
 
the designation by a person of areas which are not smoke-free.
 
 
(4)
Before making regulations under this Article the Department must
 
 
consult any persons that the Department considers it appropriate to
 
 
consult.”
25
 
(3)
In Article 6 (vehicles)—
 
 
(a)
in paragraph (2), for sub-paragraph (d) substitute—
 
 
“(d)
for exceptions, which may be framed by reference to
 
 
the designation by a person of areas which are not
 
 
smoke-free.”;
30
 
(b)
after paragraph (2) insert—
 
 
“(3)
Before making regulations under this Article the Department
 
 
must consult any persons the Department considers it
 
 
appropriate to consult.”
 
153
No-smoking signs in Northern Ireland
35
 
(1)
Article 7 of the Smoking (Northern Ireland) Order 2006 (S.I. 2006/2957 (N.I.
 
 
20)) (no-smoking signs) is amended as follows.
 

Page 109

 
(2)
For paragraph (1) substitute—
 
 
“(1)
A person who occupies or is concerned in the management of
 
 
smoke-free premises must make sure that no-smoking signs are
 
 
displayed in or near those premises in accordance with any
 
 
requirements imposed by regulations.
5
 
(1A)
The regulations may, in particular, impose requirements about—
 
 
(a)
the content or appearance of a sign (for example, requirements
 
 
as to its size, design, colour, or wording);
 
 
(b)
how and where signs are to be displayed.”
 
 
(3)
After paragraph (2) insert—
10
 
“(2A)
Regulations under paragraph (2) may, in particular, include any
 
 
provision that may be made by regulations under paragraph (1).”
 
 
(4)
Omit paragraphs (3) and (4).
 
154
Vape-free places in Northern Ireland
 
 
(1)
The Smoking (Northern Ireland) Order 2006 (S.I. 2006/2957 (N.I. 20)) is
15
 
amended as follows.
 
 
(2)
Articles 1 and 2 become Part 1, with the heading “Introductory”, and the italic
 
 
heading before Article 1 is omitted.
 
 
(3)
In Article 2 (interpretation), in paragraph (3) insert at the appropriate place—
 
 
““vape-free place” : see Article 9A ;
20
 
“vape-free vehicle” : see Article 9A ;”
 
 
(4)
Articles 3 to 9 (and the italic heading before Article 3) become Part 2, with
 
 
the heading “Smoking”.
 
 
(5)
After Article 9 insert—
 

Part 3

25
 
Vaping
 
 
Vape-free places and vehicles
 
9A
Vape-free places and vehicles
 
 
(1)
Regulations may designate places or vehicles as vape-free.
 
 
(2)
Only smoke-free places may be designated as vape-free.
30
 
(3)
The regulations may, in particular—
 
 
(a)
provide for places or vehicles to be vape-free, in specified
 
 
circumstances, at specified times or if specified conditions are
 
 
satisfied (or any combination of those);
 

Page 110

 
(b)
provide for exceptions, which may be framed by reference to
 
 
the designation by a person of areas which are not vape-free.
 
 
(4)
The regulations may, in particular, frame the circumstances in which
 
 
a vehicle is vape-free by reference to—
 
 
(a)
whether a person under the age of 18 is present;
5
 
(b)
its location.
 
 
(5)
Before making regulations under this Article the Department must
 
 
consult any persons it considers it appropriate to consult.
 
 
(6)
References in this Order, however expressed, to places or vehicles
 
 
which are vape-free are to those places or vehicles so far as they are
10
 
vape-free by virtue of regulations under this Article.
 
 
(7)
In this Article “smoke-free place” has the meaning given by Article
 
 
8(1).
 
 
No-vaping signs
 
9B
No-vaping signs
15
 
(1)
A person who occupies or is concerned in the management of a
 
 
vape-free place must make sure that no-vaping signs are displayed in
 
 
or near that place in accordance with any requirements imposed by
 
 
regulations.
 
 
(2)
A person who has management responsibilities for a vape-free vehicle
20
 
must make sure that no-vaping signs are displayed in that vehicle in
 
 
accordance with any requirements imposed by regulations.
 
 
(3)
Regulations under paragraph (1) or (2) may, in particular, impose
 
 
requirements about—
 
 
(a)
the content or appearance of a sign (for example, requirements
25
 
as to its size, design, colour, or wording);
 
 
(b)
how and where signs are to be displayed.
 
 
(4)
Regulations may create exceptions to the duty in paragraph (2) .
 
 
(5)
A person who fails to comply with the duty in paragraph (1) or (2)
 
 
commits an offence.
30
 
(6)
It is a defence for a person charged with an offence under paragraph
 
 
(5) to show—
 
 
(a)
that they did not know, and could not reasonably have been
 
 
expected to know, that the place or vehicle was vape-free,
 
 
(b)
that they did not know, and could not reasonably have been
35
 
expected to know, that no-vaping signs complying with the
 
 
requirements of this Article were not being displayed in
 
 
accordance with the requirements of this Article, or
 
 
(c)
that on other grounds it was reasonable for them not to comply
 
 
with the duty.
40

Page 111

 
(7)
If a person charged with an offence under paragraph (5) relies on a
 
 
defence in paragraph (6) , and evidence is adduced which is sufficient
 
 
to raise an issue with respect to that defence, the court must assume
 
 
that the defence is satisfied unless the prosecution proves beyond
 
 
reasonable doubt that it is not.
5
 
(8)
A person guilty of an offence under paragraph (5) is liable on summary
 
 
conviction to a fine not exceeding level 3 on the standard scale.
 
 
Offences relating to vaping
 
9C
Offence of vaping in vape-free place
 
 
(1)
A person who uses a relevant vape in a vape-free place or vehicle
10
 
commits an offence.
 
 
(2)
It is a defence for a person charged with an offence under paragraph
 
 
(1) to show—
 
 
(a)
that they did not know, and could not reasonably have been
 
 
expected to know, that it was a vape-free place or vehicle, or
15
 
(b)
that—
 
 
(i)
the person was using the vape when performing in a
 
 
performance,
 
 
(ii)
that the use of the vape was justified to preserve the
 
 
artistic integrity of the performance, and
20
 
(iii)
that the vape was not being used to vaporise a
 
 
substance containing nicotine.
 
 
(3)
If a person charged with an offence under this Article relies on a
 
 
defence in paragraph (2) , and evidence is adduced which is sufficient
 
 
to raise an issue with respect to that defence, the court must assume
25
 
that the defence is satisfied unless the prosecution proves beyond
 
 
reasonable doubt that it is not.
 
 
(4)
A person guilty of an offence under this Article is liable on summary
 
 
conviction to a fine not exceeding level 3 on the standard scale.
 
9D
Offence of failing to prevent vaping
30
 
(1)
A person who controls or is concerned in the management of a
 
 
vape-free place must cause a person using a relevant vape there to
 
 
stop using the vape.
 
 
(2)
The driver of a vape-free vehicle, and any other person specified in
 
 
regulations, must cause a person using a relevant vape in the vehicle
35
 
to stop using the vape.
 
 
(3)
A person who fails to comply with the duty in paragraph (1) or (2)
 
 
commits an offence.
 

Page 112

 
(4)
It is a defence for a person charged with an offence under paragraph
 
 
(3) to show—
 
 
(a)
that they took reasonable steps to cause the person in question
 
 
to stop using the vape,
 
 
(b)
that they did not know, and could not reasonably have been
5
 
expected to know, that the person in question was using a
 
 
vape, or
 
 
(c)
that on other grounds it was reasonable for them not to comply
 
 
with the duty.
 
 
(5)
It is a defence for a person charged with an offence under paragraph
10
 
(3) to show—
 
 
(a)
that the person using the vape was using it when performing
 
 
in a performance,
 
 
(b)
that the use of the vape was justified to preserve the artistic
 
 
integrity of the performance, and
15
 
(c)
that the vape was not being used to vaporise a substance
 
 
containing nicotine.
 
 
(6)
If a person charged with an offence under this Article relies on a
 
 
defence in paragraph (4) or (5) , and evidence is adduced which is
 
 
sufficient to raise an issue with respect to that defence, the court must
20
 
assume that the defence is satisfied unless the prosecution proves
 
 
beyond reasonable doubt that it is not.
 
 
(7)
A person guilty of an offence under this Article is liable on summary
 
 
conviction to a fine not exceeding level 4 on the standard scale.”
 
 
(6)
Articles 10 to 13 become Part 5, with the heading “Enforcement”, and the
25
 
italic heading before Article 10 is omitted.
 
 
(7)
Articles 14 to 17 (and the italic heading before Article 14) become Part 6, with
 
 
the heading “Miscellaneous and supplementary”.
 
 
(8)
In Article 15 (regulations), in paragraph (3)(a), after “6” insert “, 9A ”.
 
155
Heated tobacco-free places in Northern Ireland
30
 
(1)
The Smoking (Northern Ireland) Order 2006 (S.I. 2006/2957 (N.I. 20)) is
 
 
amended as follows.
 
 
(2)
In Article 2 (interpretation), in paragraph (3) insert at the appropriate place—
 
 
““heated tobacco-free place” : see Article 9E ;
 
 
“heated tobacco-free vehicle” : see Article 9E ;”
35

Page 113

 
(3)
After Article 9D (inserted by section 154 of this Act) insert—
 

Part 4

 
 
Using heated tobacco devices
 
 
Heated tobacco-free places and vehicles
 
9E
Heated tobacco-free places and vehicles
5
 
(1)
Regulations may designate places or vehicles as heated tobacco-free.
 
 
(2)
Only smoke-free places may be designated as heated tobacco-free.
 
 
(3)
The regulations may, in particular—
 
 
(a)
provide for places or vehicles to be heated tobacco-free, in
 
 
specified circumstances, at specified times or if specified
10
 
conditions are satisfied (or any combination of those);
 
 
(b)
provide for exceptions, which may be framed by reference to
 
 
the designation by a person of areas which are not heated
 
 
tobacco-free.
 
 
(4)
The regulations may, in particular, frame the circumstances in which
15
 
a vehicle is heated tobacco-free by reference to—
 
 
(a)
whether a person under the age of 18 is present;
 
 
(b)
its location.
 
 
(5)
Before making regulations under this Article the Department must
 
 
consult any persons it considers it appropriate to consult.
20
 
(6)
References in this Order, however expressed, to places or vehicles
 
 
which are heated tobacco-free are to those places or vehicles so far as
 
 
they are heated tobacco-free by virtue of regulations under this Article.
 
 
(7)
In this Article “smoke-free place” has the meaning given by Article
 
 
8(1).
25
 
Heated tobacco-free places and vehicles: signs
 
9F
Heated tobacco-free places and vehicles: signs
 
 
(1)
A person who occupies or is concerned in the management of a heated
 
 
tobacco-free place must make sure that signs are displayed in or near
 
 
that place in accordance with any requirements imposed by regulations.
30
 
(2)
A person who has management responsibilities for a heated
 
 
tobacco-free vehicle must make sure that signs are displayed in that
 
 
vehicle in accordance with any requirements imposed by regulations.
 
 
(3)
The signs must indicate that the use of heated tobacco devices is
 
 
prohibited in the place or vehicle.
35

Page 114

 
(4)
Regulations under paragraph (1) or (2) may, in particular, impose
 
 
requirements about—
 
 
(a)
the content or appearance of a sign (for example, requirements
 
 
as to its size, design, colour, or wording);
 
 
(b)
how and where signs are to be displayed.
5
 
(5)
Regulations may create exceptions to the duty in paragraph (2) .
 
 
(6)
A person who fails to comply with the duty in paragraph (1) or (2)
 
 
commits an offence.
 
 
(7)
It is a defence for a person charged with an offence under paragraph
 
 
(6) to show—
10
 
(a)
that they did not know, and could not reasonably have been
 
 
expected to know, that the place or vehicle was heated
 
 
tobacco-free,
 
 
(b)
that they did not know, and could not reasonably have been
 
 
expected to know, that signs complying with the requirements
15
 
of this Article were not being displayed in accordance with the
 
 
requirements of this Article, or
 
 
(c)
that on other grounds it was reasonable for them not to comply
 
 
with the duty.
 
 
(8)
If a person charged with an offence under paragraph (6) relies on a
20
 
defence in paragraph (7) , and evidence is adduced which is sufficient
 
 
to raise an issue with respect to that defence, the court must assume
 
 
that the defence is satisfied unless the prosecution proves beyond
 
 
reasonable doubt that it is not.
 
 
(9)
A person guilty of an offence under paragraph (6) is liable on summary
25
 
conviction to a fine not exceeding level 3 on the standard scale.
 
 
Offences relating to use of heated tobacco devices
 
9G
Offence of using heated tobacco device
 
 
(1)
A person who uses a heated tobacco device in a heated tobacco-free
 
 
place or vehicle commits an offence.
30
 
(2)
It is a defence for a person charged with an offence under paragraph
 
 
(1) to show that they did not know, and could not reasonably have
 
 
been expected to know, that it was a heated tobacco-free place or
 
 
vehicle.
 
 
(3)
If a person charged with an offence under this Article relies on the
35
 
defence in paragraph (2) , and evidence is adduced which is sufficient
 
 
to raise an issue with respect to that defence, the court must assume
 
 
that the defence is satisfied unless the prosecution proves beyond
 
 
reasonable doubt that it is not.
 

Page 115

 
(4)
A person guilty of an offence under this Article is liable on summary
 
 
conviction to a fine not exceeding level 3 on the standard scale.
 
9H
Offence of failing to prevent use of heated tobacco device
 
 
(1)
A person who controls or is concerned in the management of a heated
 
 
tobacco-free place must cause a person using a heated tobacco device
5
 
there to stop using the device.
 
 
(2)
The driver of a heated tobacco-free vehicle, and any other person
 
 
specified in regulations, must cause a person using a heated tobacco
 
 
device in the vehicle to stop using the device.
 
 
(3)
A person who fails to comply with the duty in paragraph (1) or (2)
10
 
commits an offence.
 
 
(4)
It is a defence for a person charged with an offence under paragraph
 
 
(3) to show—
 
 
(a)
that they took reasonable steps to cause the person in question
 
 
to stop using the heated tobacco device,
15
 
(b)
that they did not know, and could not reasonably have been
 
 
expected to know, that the person in question was using a
 
 
heated tobacco device, or
 
 
(c)
that on other grounds it was reasonable for them not to comply
 
 
with the duty.
20
 
(5)
If a person charged with an offence under paragraph (3) relies on a
 
 
defence in paragraph (4) , and evidence is adduced which is sufficient
 
 
to raise an issue with respect to that defence, the court must assume
 
 
that the defence is satisfied unless the prosecution proves beyond
 
 
reasonable doubt that it is not.
25
 
(6)
A person guilty of an offence under paragraph (3) is liable on summary
 
 
conviction to a fine not exceeding level 4 on the standard scale.”
 
 
(4)
In Article 15 (regulations), in paragraph (3)(a), after “, 9A ” (inserted by section
 
 
154 of this Act) insert “, 9E ”.
 
156
Amendments consequential on sections
30
 
Schedule 20 contains amendments consequential on sections 152 to 155 .
 

Ships

 
157
Power to prohibit vaping etc on ships
 
 
(1)
Section 85 of the Merchant Shipping Act 1995 (safety and health on ships) is
 
 
amended as follows.
35
 
(2)
In subsection (8)—
 
 
(a)
in the words before paragraph (a)—
 

Page 116

 
(i)
after “prohibition of smoking” insert “or the use of relevant
 
 
vapes or heated tobacco devices”;
 
 
(ii)
for “smoking provisions” substitute “relevant provisions”;
 
 
(b)
in paragraph (a), for “smoking provisions” substitute “relevant
 
 
provisions”;
5
 
(c)
in paragraph (b), at the end insert “in relation to the relevant
 
 
provisions”;
 
 
(d)
in paragraph (c)—
 
 
(i)
after “enforcement functions” insert “in relation to the relevant
 
 
provisions”;
10
 
(ii)
after “authorised officers have” insert “in relation to smoking”;
 
 
(iii)
for “(which confers powers of entry, etc., on authorised officers
 
 
of enforcement authorities in relation to the enforcement of the
 
 
provisions of that Act in relation to smoking)” substitute
 
 
“(powers of entry)”;
15
 
(e)
for paragraph (d) substitute—
 
 
“(d)
in relation to an offence of smoking or using a relevant
 
 
vape or heated tobacco device in a place where to do
 
 
so is prohibited under the relevant provisions, for
 
 
purposes corresponding to those of section 9 and
20
 
Schedule 1 to the Health Act 2006 (fixed penalties).”;
 
 
(f)
omit the words after paragraph (d).
 
 
(3)
After subsection (8) insert—
 
 
“(9)
In subsection (8)—
 
 
“heated tobacco device” means a device that heats tobacco to
25
 
generate a vapour or an aerosol for the purpose of inhalation
 
 
through a mouthpiece (whether or not it can also heat other
 
 
matter to produce a vapour or aerosol);
 
 
“relevant vape” means a vape that is not a heated tobacco device;
 
 
“smoking” has the same meaning as in Chapter 1 of Part 1 of the
30
 
Health Act 2006;
 
 
“vape” has the meaning given by section 47 of the Tobacco and
 
 
Vapes Act 2024.”
 

Part 8

 

General

35
158
Application to Parliament
 
 
To the extent that this Act or regulations made under it would not (but for
 
 
this section) apply in relation to the Parliamentary Estate, they do so apply.
 
159
Further consequential amendments
 
 
Schedule 21 contains further consequential amendments.
40

Page 117

160
Power of Secretary of State to make consequential provision
 
 
(1)
The Secretary of State may by regulations make provision that is consequential
 
 
on this Act.
 
 
(2)
Regulations under this section may amend, repeal or revoke legislation passed
 
 
or made before, or in the same Session as, this Act (including provision made
5
 
by this Act).
 
 
(3)
Regulations under this section that amend, repeal or revoke primary legislation
 
 
are subject to the affirmative resolution procedure.
 
 
(4)
Any other regulations under this section are subject to the negative resolution
 
 
procedure.
10
 
(5)
In this section “primary legislation” means—
 
 
(a)
an Act of Parliament,
 
 
(b)
an Act of the Scottish Parliament,
 
 
(c)
an Act or Measure of Senedd Cymru, or
 
 
(d)
Northern Ireland legislation.
15
161
Power of Scottish Ministers to make consequential provision
 
 
(1)
The Scottish Ministers may by regulations make provision that is consequential
 
 
on any of the following—
 
 
(a)
Part 2 (sale and distribution);
 
 
(b)
sections 141 to 145 and Schedule 18 (smoke-free places, vape-free
20
 
places and other free-from places: Scotland).
 
 
(2)
Regulations under this section may amend, repeal or revoke provision made
 
 
by or under—
 
 
(a)
an Act passed—
 
 
(i)
before this Act, or
25
 
(ii)
later in the same session of Parliament as this Act, or
 
 
(b)
an Act of the Scottish Parliament passed before this Act.
 
 
(3)
Regulations under this section that amend or repeal provision made by an
 
 
Act of the Scottish Parliament, or an Act, are subject to the affirmative
 
 
resolution procedure.
30
 
(4)
Any other regulations under this section are subject to the negative resolution
 
 
procedure.
 
162
Power of Welsh Ministers to make consequential provision
 
 
(1)
The Welsh Ministers may by regulations make provision that is consequential
 
 
on any of the following—
35
 
(a)
Part 1 (sale and distribution);
 
 
(b)
sections 146 to 151 and Schedule 19 (smoke-free places, vape-free
 
 
places and other free-from places: Wales).
 

Page 118

 
(2)
The only provision that may be made by virtue of this section is provision
 
 
that would be within the legislative competence of Senedd Cymru if contained
 
 
in an Act of the Senedd.
 
 
(3)
Regulations under this section may amend, repeal or revoke provision made
 
 
by or under—
5
 
(a)
an Act passed—
 
 
(i)
before this Act, or
 
 
(ii)
later in the same session of Parliament as this Act, or
 
 
(b)
an Act or Measure of Senedd Cymru passed before this Act.
 
 
(4)
Regulations under this section amend or repeal provision made by an Act or
10
 
Measure of Senedd Cymru, or an Act, are subject to the affirmative resolution
 
 
procedure.
 
 
(5)
Any other regulations under this section are subject to the negative resolution
 
 
procedure.
 
163
Power of Northern Ireland department to make consequential provision
15
 
(1)
A Northern Ireland department may by regulations make provision that is
 
 
consequential on any of the following—
 
 
(a)
Part 3 (sale and distribution);
 
 
(b)
sections 152 to 156 and Schedule 20 (smoke-free places, vape-free
 
 
places and other free-from places: Northern Ireland).
20
 
(2)
Regulations under this section may amend, repeal or revoke provision made
 
 
by or under—
 
 
(a)
an Act passed—
 
 
(i)
before this Act, or
 
 
(ii)
later in the same session of Parliament as this Act, or
25
 
(b)
Northern Ireland legislation passed or made before this Act.
 
 
(3)
Regulations under this section that amend, repeal or revoke any provision of
 
 
an Act or Northern Ireland legislation are subject to the affirmative resolution
 
 
procedure.
 
 
(4)
Any other regulations under this section are subject to the negative resolution
30
 
procedure.
 
164
Regulations: general
 
 
(1)
A power to make regulations under any provision of this Act includes power
 
 
to make—
 
 
(a)
consequential, supplementary, incidental, transitional or saving
35
 
provision;
 
 
(b)
different provision for different purposes;
 
 
(c)
different provision for different parts of the United Kingdom.
 
 
(2)
This section does not apply to regulations under section 167 , 168 or 169 .
 

Page 119

165
Regulations and orders: procedure
 
 
(1)
Regulations or orders made by the Secretary of State or the Welsh Ministers
 
 
under this Act are to be made by statutory instrument.
 
 
(2)
For regulations made under this Act by the Scottish Ministers, see section 27
 
 
of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)
5
 
(definition of “Scottish statutory instrument”).
 
 
(3)
Any power of a Northern Ireland department to make regulations or orders
 
 
under this Act is exercisable by statutory rule for the purposes of the Statutory
 
 
Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
 
 
(4)
Where regulations under this Act are “subject to the affirmative resolution
10
 
procedure”, the regulations—
 
 
(a)
if made by the Secretary of State, may not be made unless a draft of
 
 
the statutory instrument containing them has been laid before, and
 
 
approved by a resolution of, each House of Parliament;
 
 
(b)
if made by the Welsh Ministers, may not be made unless a draft of
15
 
the statutory instrument containing them has been laid before, and
 
 
approved by a resolution of, Senedd Cymru;
 
 
(c)
if made by the Scottish Ministers, are subject to the affirmative
 
 
procedure (see section 29 of the Interpretation and Legislative Reform
 
 
(Scotland) Act 2010 (asp 10));
20
 
(d)
if made by a Northern Ireland department, may not be made unless
 
 
a draft of the regulations has been laid before, and approved by a
 
 
resolution of, the Northern Ireland Assembly.
 
 
(5)
Where regulations under this Act are “subject to the negative resolution
 
 
procedure”—
25
 
(a)
if made by the Secretary of State, the statutory instrument containing
 
 
them is subject to annulment in pursuance of a resolution of either
 
 
House of Parliament;
 
 
(b)
if made by the Welsh Ministers, the statutory instrument containing
 
 
them is subject to annulment in pursuance of a resolution of Senedd
30
 
Cymru;
 
 
(c)
if made by the Scottish Ministers, the regulations are subject to the
 
 
negative procedure (see section 28 of the Interpretation and Legislative
 
 
Reform (Scotland) Act 2010 (asp 10));
 
 
(d)
if made by a Northern Ireland department, the regulations are subject
35
 
to negative resolution within the meaning of section 41(6) of the
 
 
Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) as if they were
 
 
a statutory instrument within the meaning of that Act.
 
 
(6)
Any provision that may be made in regulations under this Act subject to the
 
 
negative resolution procedure may be made in regulations subject to the
40
 
affirmative resolution procedure.
 

Page 120

166
Extent
 
 
(1)
An amendment or repeal made by this Act has the same extent as the
 
 
provision amended or repealed.
 
 
(2)
Subject to that—
 
 
(a)
Part 1 extends to England and Wales only;
5
 
(b)
Part 2 extends to Scotland only;
 
 
(c)
Part 3 extends to Northern Ireland only;
 
 
(d)
Parts 4 , 5 and 6 and this Part extend to England and Wales, Scotland
 
 
and Northern Ireland.
 
167
Commencement: Parts 1 to 4
10
 
(1)
Parts 1 to 4 of this Act (sale and distribution etc) come into force at the end
 
 
of the period of 6 months beginning with the day on which it is passed, except
 
 
as provided by subsections (2) to (8) .
 
 
(2)
Any provision of, or amendment made by, Parts 1 to 3 so far as it confers a
 
 
power to make regulations or relates to the exercise of the power, comes into
15
 
force on the day on which this Act is passed.
 
 
(3)
The following (which relate to the age of sale of tobacco etc) come into force
 
 
on 1 January 2027 (so far as not in force by virtue of subsection (2) )—
 
 
(a)
sections 1 , 2 , 5 , 6 and 41 (2) and Schedule 7 ;
 
 
(b)
section 49 ;
20
 
(c)
sections 68 , 69 , 72 and 86 (2) and Schedule 15 .
 
 
(4)
Sections 16 to 18 and Schedules 1 and 2 (licensing of retail sales of tobacco
 
 
products etc in England) come into force (so far as not in force by virtue of
 
 
subsection (2) ) on such day as the Secretary of State may by regulations
 
 
appoint.
25
 
(5)
The following provisions come into force (so far as not in force by virtue of
 
 
subsection (2) ) on such day as the Welsh Ministers may by order appoint—
 
 
(a)
sections 19 to 22 and Schedule 3 and 4 (licensing of retail sales of
 
 
tobacco products etc in Wales);
 
 
(b)
section 40 and Schedule 5 (handing over tobacco etc to underage
30
 
people in Wales).
 
 
(6)
Section 63 (alignment of definition of “tobacco product” in Scottish legislation)
 
 
comes into force at the end of the period of 2 months beginning with the day
 
 
on which this Act is passed.
 
 
(7)
The following provisions come into force (so far as not in force by virtue of
35
 
subsection (2)) on such day as the Scottish Ministers may by regulations
 
 
appoint—
 
 
(a)
section 60 (age verification in relation to tobacco and vaping products
 
 
etc);
 
 
(b)
section 65 and Schedule 9 (extension of retailer register etc in Scotland).
40

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(8)
The following come into force (so far as not in force by virtue of subsection
 
 
(2) ) on such day as the Department of Health in Northern Ireland may by
 
 
order appoint—
 
 
(a)
section 83 and Schedule 10 (extension of retailer register in Northern
 
 
Ireland);
5
 
(b)
section 84 and Schedules 11 to 13 (licensing of retail sales of tobacco
 
 
products etc in Northern Ireland).
 
 
(9)
Regulations or orders under this section may appoint different days for
 
 
different purposes.
 
168
Commencement: Parts 5 to 8
10
 
(1)
Part 5 (product and information requirements etc) comes into force on the
 
 
day on which this Act is passed.
 
 
(2)
In Part 6 (advertising and sponsorship)—
 
 
(a)
sections 124 , 131 , 133 and 134 come into force at the end of the period
 
 
of 2 months beginning with the day on which this Act is passed;
15
 
(b)
the other provisions come into force on such day as the Secretary of
 
 
State may by regulations appoint.
 
 
(3)
In Part 7 (smoke-free places, vape-free places and other free-from places)—
 
 
(a)
sections 135 to 140 and 157 and Schedule 17 come into force on such
 
 
day as the Secretary of State may by regulations appoint;
20
 
(b)
sections 141 to 145 and Schedule 18 come into force on such day as
 
 
the Scottish Ministers may by regulations appoint;
 
 
(c)
sections 146 to 151 and Schedule 19 come into force on such day as
 
 
the Welsh Ministers may by order appoint;
 
 
(d)
sections 152 to 156 and Schedule 20 come into force on such day as
25
 
the Department of Health in Northern Ireland may by order appoint.
 
 
(4)
This Part comes into force on the day on which this Act is passed, apart from
 
 
section 159 and Schedule 21 which come into force on such day as the
 
 
Secretary of State may by regulations appoint.
 
 
(5)
Regulations or orders under this section may appoint different days for
30
 
different purposes.
 
169
Transitional provision
 
 
(1)
The Welsh Ministers may by regulations make transitional or saving provision
 
 
in connection with the coming into force of—
 
 
(a)
sections 19 to 22 and Schedules 3 and 4 (licensing of retail sales of
35
 
tobacco products etc in Wales);
 
 
(b)
section 40 and Schedule 5 (handing over tobacco etc to underage
 
 
people);
 
 
(c)
sections 146 to 151 and Schedule 19 (smoke-free places, vape-free
 
 
places and other free-from places: Wales).
40

Page 122

 
(2)
The Scottish Ministers may by regulations make transitional or saving
 
 
provision in connection with the coming into force of—
 
 
(a)
Part 2 (sale and distribution: Scotland);
 
 
(b)
sections 141 to 145 and Schedule 18 (smoke-free places, vape-free
 
 
places and other free-from places: Scotland).
5
 
(3)
The Department of Health in Northern Ireland may by regulations make
 
 
transitional or saving provision in connection with the coming into force of—
 
 
(a)
Part 3 (sale and distribution: Northern Ireland);
 
 
(b)
sections 152 to 156 and Schedule 20 (smoke-free places, vape-free
 
 
places and other free-from places: Northern Ireland).
10
 
(4)
The Secretary of State may by regulations make transitional or saving provision
 
 
in connection with the coming into force of any provision of this Act.
 
 
(5)
Transitional provision and savings made under this section are additional,
 
 
and without prejudice, to those made by or under any other provision of this
 
 
Act.
15
 
(6)
A power conferred by subsections (1) to (4) includes power to make different
 
 
provision for different purposes.
 
 
(7)
A requirement imposed under or by virtue of this Act to consult any persons
 
 
may be satisfied by consultation carried out before this Act comes into force.
 
170
Short title
20
 
This Act may be cited as the Tobacco and Vapes Act 2025.
 

Page 123

Schedules

 
 
Schedule 1
Section 16 (6)
 

Retail licensing scheme: England

 

Introduction

 
 
1
This Schedule is about the provision that may be made by regulations
5
 
under section 16 (4) .
 

Licensing authority

 
 
2
The regulations must specify a description of local authority (a “licensing
 
 
authority”) which is to grant licences.
 

Grant of licence

10
 
3
(1)
The regulations may—
 
 
(a)
prohibit a licensing authority from granting a licence unless satisfied
 
 
as to a matter specified in the regulations;
 
 
(b)
require a licensing authority to have regard, in deciding whether
 
 
to grant a licence, to a matter specified in the regulations.
15
 
(2)
The provision that may be made under sub-paragraph (1) (a) includes—
 
 
(a)
provision prohibiting a licensing authority from granting a premises
 
 
licence in respect of premises within an area of a description
 
 
specified in the regulations;
 
 
(b)
provision limiting the number of licensed premises within an area
20
 
of a description specified in the regulations.
 
 
(3)
The regulations may make provision requiring a licensing authority not to
 
 
grant a premises licence unless the premises have been inspected in
 
 
accordance with the regulations.
 

Licence fee

25
 
4
(1)
The regulations may authorise a licensing authority to charge a fee in
 
 
respect of an application for the grant of a licence (which may be set at a
 
 
level that takes into account the cost of exercising functions under or in
 
 
connection with sections 16 to 18 or the regulations).
 
 
(2)
Any such fee must not exceed an amount specified in, or determined in
30
 
accordance with, the regulations.
 
 
(3)
The regulations may require a licensing authority to pay a proportion of
 
 
any amount received by virtue of sub-paragraph (1) to any other person
 
 
with functions under or in connection with sections 16 to 18 or the
 
 
regulations.
35

Page 124

Licence conditions

 
 
5
(1)
The regulations may make provision for the grant of a licence subject to
 
 
conditions.
 
 
(2)
Provision of the kind mentioned in sub-paragraph (1) may—
 
 
(a)
enable a licensing authority to attach conditions to a licence;
5
 
(b)
require a licensing authority to attach to a licence a condition
 
 
specified in the regulations.
 
 
(3)
The provision that may be made under sub-paragraph (1) includes provision
 
 
prohibiting or restricting the sale of relevant products within an area of a
 
 
description specified in the regulations.
10

Duration etc of licence

 
 
6
(1)
The regulations may make provision about the duration, renewal, variation,
 
 
suspension or revocation of licences.
 
 
(2)
The provision that may be made under sub-paragraph (1) includes provision
 
 
conferring power on a court by which a person is convicted of an offence
15
 
under section 17 to vary, suspend or revoke a licence.
 

Publication of licence information

 
 
7
The regulations may make provision for the publication by a licensing
 
 
authority of information relating to licences granted by the licensing
 
 
authority.
20

Reviews and appeals

 
 
8
(1)
The regulations must specify the circumstances in which a person may
 
 
request a review of a decision taken under the regulations.
 
 
(2)
The regulations must confer a right of appeal to the magistrates’ court
 
 
against a decision taken on a review.
25
 
(3)
The regulations may contain provision about time limits for requesting
 
 
reviews or initiating appeals.
 

Guidance

 
 
9
The regulations may require a licensing authority, in carrying out functions
 
 
under the regulations, to have regard to guidance published by the Secretary
30
 
of State.
 

Sub-delegation

 
 
10
The regulations may confer discretions.
 

Interpretation

 
 
11
In this Schedule —
35

Page 125

 
“grant” includes vary or renew;
 
 
“licence” means a personal licence or a premises licence;
 
 
“licensing authority” has the meaning given by paragraph 2 ;
 
 
“local authority” means—
 
 
(a)
a county council in England;
5
 
(b)
a district council in England;
 
 
(c)
a London borough council;
 
 
(d)
a combined authority established under section 103 of the
 
 
Local Democracy, Economic Development and Construction
 
 
Act 2009;
10
 
(e)
a combined county authority established under section 9 (1)
 
 
of the Levelling-up and Regeneration Act 2023;
 
 
(f)
the Common Council of the City of London (in its capacity
 
 
as a local authority), the Sub-Treasurer of the Inner Temple
 
 
or the Under Treasurer of the Middle Temple;
15
 
(g)
the Council of the Isles of Scilly;
 
 
“personal licence” has the meaning given by section 16 (8) ;
 
 
“premises licence” has the meaning given by section 16 (8) ;
 
 
“relevant products” has the meaning given by section 16 (8) .
 
 
Schedule 2
Section 18
20

Financial penalties for breach of retail licence conditions: England

 

Introduction

 
 
1
This Schedule makes further provision in connection with the imposition
 
 
of financial penalties under section 18 .
 

Notices of intent

25
 
2
(1)
A local weights and measures authority must, before imposing a financial
 
 
penalty on a person, give the person written notice (a “notice of intent”)
 
 
of the proposed financial penalty.
 
 
(2)
A notice of intent must specify—
 
 
(a)
the amount of the proposed financial penalty,
30
 
(b)
the reasons for proposing to impose the penalty,
 
 
(c)
information about the right to make representations under paragraph
 
 
3 , and
 
 
(d)
the date by which any representations must be made.
 
 
(3)
The date specified under sub-paragraph (2) (d) must be a date more than
35
 
28 days after the day on which the notice of intent is given to the person.
 

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(4)
The local weights and measures authority may at any time withdraw the
 
 
notice of intent, or amend it to reduce the amount of the proposed financial
 
 
penalty, by giving written notice to the person.
 

Right to make representations

 
 
3
(1)
A person who is given a notice of intent under paragraph 2 may make
5
 
written representations to the local weights and measures authority that
 
 
issued the notice about the proposal to impose a financial penalty.
 
 
(2)
Any representations must be made within the period (“the period for
 
 
representations”) ending with the date specified under paragraph 2 (2) (d) .
 

Final notices

10
 
4
(1)
After the end of the period for representations the local weights and
 
 
measures authority must decide whether to impose a financial penalty on
 
 
the person.
 
 
(2)
If the local weights and measures authority decides to impose a financial
 
 
penalty on the person, the authority must give the person written notice
15
 
(a “final notice”) imposing the penalty.
 
 
(3)
A final notice must specify—
 
 
(a)
the amount of the financial penalty,
 
 
(b)
the reasons for imposing the penalty,
 
 
(c)
the date by which the penalty must be paid,
20
 
(d)
information about the right of appeal under paragraph 5 , and
 
 
(e)
the consequences of failure to comply with the final notice.
 
 
(4)
The date specified under sub-paragraph (3) (c) must be a date more than
 
 
28 days after the day on which the final notice is given to the person.
 
 
(5)
The local weights and measures authority may at any time withdraw a
25
 
final notice, or amend it to reduce the amount of the financial penalty, by
 
 
giving written notice to the person.
 
 
(6)
A final notice may not be given more than 28 days after the last day of the
 
 
period for representations.
 

Appeals

30
 
5
(1)
A person on whom a financial penalty is imposed under section 18 may
 
 
appeal to the magistrates’ court against—
 
 
(a)
the decision to impose the penalty, or
 
 
(b)
the amount of the penalty.
 
 
(2)
An appeal under this paragraph must be brought before the end of the
35
 
period of 28 days beginning with the day after the day on which the final
 
 
notice is given to the person in accordance with paragraph 4 .
 
 
(3)
On an appeal under this paragraph the magistrates’ court may confirm,
 
 
reduce or cancel the penalty.
 

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(4)
If a person appeals under this paragraph , the final notice is suspended
 
 
until the appeal is finally determined, withdrawn or abandoned.
 

Recovery

 
 
6
(1)
This paragraph applies if a person fails to pay the whole or part of a
 
 
financial penalty before the end of the period within which the person is
5
 
required to pay the penalty.
 
 
(2)
The local weights and measures authority that imposed the financial penalty
 
 
may recover the unpaid amount of the penalty as if it were payable under
 
 
an order of the county court.
 

Use of proceeds

10
 
7
(1)
Any sums received in pursuance of final notices given under paragraph 4
 
 
must be paid into the Consolidated Fund.
 
 
(2)
But before paying such sums into the Consolidated Fund the local weights
 
 
and measures authority may deduct—
 
 
(a)
the costs of investigating the matters to which the final notices relate,
15
 
and
 
 
(b)
the costs of issuing the notices.
 
 
Schedule 3
Section 19 (6)
 

Retail licensing scheme: Wales

 

Introduction

20
 
1
This Schedule is about the provision that may be made by regulations
 
 
under section 19 (4) .
 

Grant of licence

 
 
2
(1)
The regulations may—
 
 
(a)
prohibit a licensing authority from granting a licence unless satisfied
25
 
as to a matter specified in the regulations;
 
 
(b)
require a licensing authority to have regard, in deciding whether
 
 
to grant a licence, to a matter specified in the regulations.
 
 
(2)
The provision that may be made under sub-paragraph (1) (a) includes—
 
 
(a)
provision prohibiting a licensing authority from granting a premises
30
 
licence in respect of premises within an area of a description
 
 
specified in the regulations;
 
 
(b)
provision limiting the number of licensed premises within an area
 
 
of a description specified in the regulations.
 

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(3)
The regulations may make provision requiring a licensing authority not to
 
 
grant a premises licence unless the premises have been inspected in
 
 
accordance with the regulations.
 

Licence fee

 
 
3
(1)
The regulations may authorise a licensing authority to charge a fee in
5
 
respect of an application for the grant of a licence (which may be set at a
 
 
level that takes into account the cost of exercising functions under or in
 
 
connection with sections 19 to 21 or the regulations).
 
 
(2)
Any such fee must not exceed an amount specified in, or determined in
 
 
accordance with, the regulations.
10
 
(3)
The regulations may require a licensing authority to pay a proportion of
 
 
any amount received by virtue of sub-paragraph (1) to any other person
 
 
with functions under sections 19 to 21 or the regulations.
 

Licence conditions

 
 
4
(1)
The regulations may make provision for the grant of a licence subject to
15
 
conditions.
 
 
(2)
Provision of the kind mentioned in sub-paragraph (1) may—
 
 
(a)
enable a licensing authority to attach conditions to a licence;
 
 
(b)
require a licensing authority to attach to a licence a condition
 
 
specified in the regulations.
20
 
(3)
The provision that may be made under sub-paragraph (1) includes provision
 
 
prohibiting or restricting the sale of relevant products within an area of a
 
 
description specified in the regulations.
 

Duration etc of licence

 
 
5
(1)
The regulations may make provision about the duration, renewal, variation,
25
 
suspension or revocation of licences.
 
 
(2)
The provision that may be made under sub-paragraph (1) includes provision
 
 
conferring power on a court by which a person is convicted of an offence
 
 
under section 20 to vary, suspend or revoke a licence.
 

Publication of licence information

30
 
6
The regulations may make provision for the publication by a licensing
 
 
authority of information relating to licences granted by the licensing
 
 
authority.
 

Reviews and appeals

 
 
7
(1)
The regulations must specify the circumstances in which a person may
35
 
request a review of a decision taken under the regulations.
 

Page 129

 
(2)
The regulations must confer a right of appeal to the magistrates’ court
 
 
against a decision taken on a review.
 
 
(3)
The regulations may contain provision about time limits for requesting
 
 
reviews or initiating appeals.
 

Guidance

5
 
8
The regulations may require a licensing authority, in carrying out functions
 
 
under the regulations, to have regard to guidance published by the Welsh
 
 
Ministers.
 

Sub-delegation

 
 
9
The regulations may confer discretions.
10

Interpretation

 
 
10
In this Schedule —
 
 
“grant” includes vary or renew;
 
 
“licence” means a personal licence or a premises licence;
 
 
“licensing authority” , in relation to the doing of things or the use of
15
 
premises in a county or county borough in Wales, means the council
 
 
of the county or county borough;
 
 
“personal licence” has the meaning given by section 19 (8) ;
 
 
“premises licence” has the meaning given by section 19 (8) ;
 
 
“relevant products” has the meaning given by section 19 (8) .
20
 
Schedule 4
Section 21
 

Financial penalties for breach of retail licence conditions: Wales

 

Introduction

 
 
1
This Schedule makes further provision in connection with the imposition
 
 
of financial penalties under section 21 .
25

Notices of intent

 
 
2
(1)
A local weights and measures authority must, before imposing a financial
 
 
penalty on a person, give the person written notice (a “notice of intent”)
 
 
of the proposed financial penalty.
 
 
(2)
A notice of intent must specify—
30
 
(a)
the amount of the proposed financial penalty,
 
 
(b)
the reasons for proposing to impose the penalty,
 
 
(c)
information about the right to make representations under paragraph
 
 
3 , and
 

Page 130

 
(d)
the date by which any representations must be made.
 
 
(3)
The date specified under sub-paragraph (2) (d) must be a date more than
 
 
28 days after the day on which the notice of intent is given to the person.
 
 
(4)
The local weights and measures authority may at any time withdraw the
 
 
notice of intent, or amend it to reduce the amount of the proposed financial
5
 
penalty, by giving written notice to the person.
 

Right to make representations

 
 
3
(1)
A person who is given a notice of intent under paragraph 2 may make
 
 
written representations to the local weights and measures authority that
 
 
issued the notice about the proposal to impose a financial penalty.
10
 
(2)
Any representations must be made within the period (“the period for
 
 
representations”) ending with the date specified under paragraph 2 (2) (d) .
 

Final notices

 
 
4
(1)
After the end of the period for representations the local weights and
 
 
measures authority must decide whether to impose a financial penalty on
15
 
the person.
 
 
(2)
If the local weights and measures authority decides to impose a financial
 
 
penalty on the person, the authority must give the person written notice
 
 
(a “final notice”) imposing the penalty.
 
 
(3)
A final notice must specify—
20
 
(a)
the amount of the financial penalty,
 
 
(b)
the reasons for imposing the penalty,
 
 
(c)
the date by which the penalty must be paid,
 
 
(d)
information about the right of appeal under paragraph 5 , and
 
 
(e)
the consequences of failure to comply with the final notice.
25
 
(4)
The date specified under sub-paragraph (3) (c) must be a date more than
 
 
28 days after the day on which the final notice is given to the person.
 
 
(5)
The local weights and measures authority may at any time withdraw a
 
 
final notice, or amend it to reduce the amount of the financial penalty, by
 
 
giving written notice to the person.
30
 
(6)
A final notice may not be given more than 28 days after the last day of the
 
 
period for representations.
 

Appeals

 
 
5
(1)
A person on whom a financial penalty is imposed under section 21 may
 
 
appeal to the magistrates’ court against—
35
 
(a)
the decision to impose the penalty, or
 
 
(b)
the amount of the penalty.
 

Page 131

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

Recovery

 
 
6
(1)
This paragraph applies if a person fails to pay the whole or part of a
 
 
financial penalty before the end of the period within which the person is
10
 
required to pay the penalty.
 
 
(2)
The local weights and measures authority that imposed the financial penalty
 
 
may recover the unpaid amount of the penalty as if it were payable under
 
 
an order of the county court.
 

Use of proceeds

15
 
7
(1)
Any sums received in pursuance of final notices given under paragraph 4
 
 
must be paid into the Welsh Consolidated Fund.
 
 
(2)
But before paying such sums into the Welsh Consolidated Fund the local
 
 
weights and measures authority may deduct—
 
 
(a)
the costs of investigating the matters to which the final notices relate,
20
 
and
 
 
(b)
the costs of issuing the notices.
 
 
Schedule 5
Section 40
 

Handing over tobacco etc to underage people in Wales

 
 
1
The Public Health (Wales) Act 2017 (anaw 2) is amended as follows.
25
 
2
In the heading of Part 3—
 
 
(a)
in the Welsh language text, after “tybaco” insert “, cynhyrchion
 
 
fepio”;
 
 
(b)
in the English language text, after “tobacco” insert “, vaping
 
 
products”.
30
 
3
In the heading of Chapter 4 of Part 3—
 
 
(a)
in the Welsh language text omit “i bersonau o dan 18 oed”;
 
 
(b)
in the English language text omit “to persons under 18”.
 

Page 132

 
4
In the Welsh language text, before section 52 insert—
 
 
“51A
Y drosedd o roi tybaco etc. i bobl a anwyd ar neu ar ôl 1 Ionawr
 
 
2009
 
 
(1)
Mae person (“A”) yn cyflawni trosedd—
 
 
(a)
os yw A, mewn cysylltiad â threfniadau o dan adran 53, yn
5
 
rhoi yng Nghymru gynhyrchion tybaco, cynhyrchion smygu
 
 
llysieuol neu bapurau sigaréts i berson a anwyd ar neu ar
 
 
ôl 1 Ionawr 2009 (“B”),
 
 
(b)
os nad yw’r rhoi yn digwydd naill ai—
 
 
(i)
yng nghwrs crefft, proffesiwn, busnes neu gyflogaeth
10
 
B, neu
 
 
(ii)
yng ngŵydd person arall a anwyd cyn 1 Ionawr 2009,
 
 
(c)
os yw A, ar adeg y rhoi, yn gwybod bod cynhyrchion tybaco,
 
 
cynhyrchion smygu llysieuol neu bapurau sigaréts (pa un
 
 
bynnag sy’n gymwys) yn cael eu rhoi, a
15
 
(d)
pan roddir y cynhyrchion tybaco, y cynhyrchion smygu
 
 
llysieuol neu’r papurau sigaréts, os nad ydynt mewn pecyn—
 
 
(i)
sydd wedi ei selio, a
 
 
(ii)
sydd â chyfeiriad arno, at ddiben ei ddanfon i’r
 
 
cyfeiriad hwnnw yn unol â threfniadau o fewn adran
20
 
53.
 
 
(2)
Ystyr “pecyn” yn isadran (1)(d) yw pecyn yn ychwanegol at y pecyn
 
 
gwreiddiol y mae’r cynhyrchion tybaco, y cynhyrchion smygu
 
 
llysieuol neu’r papurau sigaréts wedi eu cyflenwi ynddo at ddiben
 
 
eu gwerthu drwy fanwerthu gan eu gwneuthurwr neu eu
25
 
mewnforiwr.
 
 
(3)
Mae person sy’n euog o drosedd o dan yr adran hon yn agored ar
 
 
euogfarn ddiannod i ddirwy nad yw’n uwch na lefel 4 ar y raddfa
 
 
safonol.
 
 
(4)
Pan fo person (“y cyhuddedig”) wedi ei gyhuddo o drosedd o dan
30
 
yr adran hon oherwydd ymddygiad y cyhuddedig ei hun (ac eithrio
 
 
yn rhinwedd adran 44 o Ddeddf Llysoedd Ynadon 1980 (p.43)
 
 
(helpwyr ac anogwyr)) mae’n amddiffyniad i’r cyhuddedig
 
 
ddangos—
 
 
(a)
bod y cyhuddedig yn credu, pan ddigwyddodd y rhoi, fod
35
 
y person y rhoddwyd y cynhyrchion tybaco, y cynhyrchion
 
 
smygu llysieuol neu’r papurau sigaréts iddo, neu berson
 
 
arall a oedd yn bresennol ar adeg y rhoi, wedi cael ei eni
 
 
cyn 1 Ionawr 2009, a
 
 
(b)
naill ai—
40
 
(i)
bod y cyhuddedig wedi cymryd camau rhesymol i
 
 
gadarnhau oedran y person hwnnw, neu
 

Page 133

 
(ii)
na allai neb fod wedi amau’n rhesymol o olwg y
 
 
person hwnnw fod y person wedi cael ei eni ar neu
 
 
ar ôl 1 Ionawr 2009.
 
 
(5)
At ddibenion is-adran (4)(b), mae’r cyhuddedig i gael ei drin fel pe
 
 
bai wedi cymryd camau rhesymol i gadarnhau oedran person—
5
 
(a)
os gofynnodd y cyhuddedig i’r person hwnnw am
 
 
dystiolaeth o oedran y person hwnnw, a
 
 
(b)
pe bai’r dystiolaeth wedi argyhoeddi person rhesymol.
 
 
(6)
Pan fo person wedi ei gyhuddo o drosedd o dan yr adran hon
 
 
oherwydd gweithred neu ddiffyg person arall, neu yn rhinwedd
10
 
cymhwyso adran 44 o Ddeddf Llysoedd Ynadon 1980 (p.43)
 
 
(helpwyr ac anogwyr), mae’n amddiffyniad dangos i’r person
 
 
gymryd rhagofalon rhesymol ac arfer diwydrwydd dyladwy i osgoi
 
 
cyflawni’r drosedd.”
 
 
5
In the English language text, before section 52 insert—
15
 
“51A
Offence of handing over tobacco etc to people born on or after 1
 
 
January 2009
 
 
(1)
A person (“A”) commits an offence if—
 
 
(a)
in connection with arrangements under section 53, A hands
 
 
over in Wales tobacco products, herbal smoking products
20
 
or cigarette papers to a person born on or after 1 January
 
 
2009 (“B”),
 
 
(b)
the handing over does not take place either—
 
 
(i)
in the course of B’s trade, profession, business or
 
 
employment, or
25
 
(ii)
in the presence of another person who was born
 
 
before 1 January 2009,
 
 
(c)
at the time of the handing over, A knows that tobacco
 
 
products, herbal smoking products or cigarette papers
 
 
(whichever is the case) are being handed over, and
30
 
(d)
when handed over, the tobacco products, herbal smoking
 
 
products or cigarette papers are not contained in a package
 
 
that—
 
 
(i)
is sealed, and
 
 
(ii)
has an address on it, for the purpose of its delivery
35
 
to that address in accordance with arrangements
 
 
within section 53.
 
 
(2)
“Package” in subsection (1) (d) means a package in addition to the
 
 
original package in which the tobacco products, herbal smoking
 
 
products or cigarette papers were supplied for the purpose of retail
40
 
sale by their manufacturer or importer.
 
 
(3)
A person guilty of an offence under this section is liable on summary
 
 
conviction to a fine not exceeding level 4 on the standard scale.
 

Page 134

 
(4)
Where a person (“the accused”) is charged with an offence under
 
 
this section by reason of the accused’s own conduct (and otherwise
 
 
than by virtue of section 44 of the Magistrates’ Courts Act 1980
 
 
(c.43) (aiders and abettors)) it is a defence for the accused to show—
 
 
(a)
that the accused believed, when the handing over took place,
5
 
that the person to whom the tobacco products, herbal
 
 
smoking products or cigarette papers were handed over, or
 
 
another person present at the time of the handing over, was
 
 
born before 1 January 2009, and
 
 
(b)
either—
10
 
(i)
that the accused had taken reasonable steps to
 
 
establish the age of that person, or
 
 
(ii)
that nobody could reasonably have suspected from
 
 
that person’s appearance that the person was born
 
 
on or after 1 January 2009.
15
 
(5)
For the purposes of subsection (4) (b) , the accused is to be treated
 
 
as having taken reasonable steps to establish the age of a person
 
 
if—
 
 
(a)
the accused asked that person for evidence of that person’s
 
 
age, and
20
 
(b)
the evidence would have convinced a reasonable person.
 
 
(6)
Where a person is charged with an offence under this section by
 
 
reason of the act or default of another person, or by virtue of the
 
 
application of section 44 of the Magistrates’ Courts Act 1980 (c.43)
 
 
(aiders and abettors), it is a defence to show that the person took
25
 
reasonable precautions and exercised due diligence to avoid
 
 
committing the offence.”
 
 
6
(1)
The Welsh language text of section 52 is amended as follows.
 
 
(2)
In the heading, for “tybaco etc.” substitute “cynhyrchion fepio a
 
 
chynhyrchion nicotin”.
30
 
(3)
In subsection (1)—
 
 
(a)
in paragraph (a), for “dybaco, papurau sigaréts neu gynhyrchion
 
 
nicotin” substitute “gynhyrchion fepio neu”;
 
 
(b)
in paragraph (c), for “tybaco neu bapurau sigaréts neu gynhyrchion
 
 
nicotin” substitute “cynhyrchion fepio neu”;
35
 
(c)
in paragraph (d), for “tybaco, y papurau sigaréts neu’r cynhyrchion
 
 
nicotin” substitute “cynhyrchion fepio neu’r”.
 
 
(4)
In subsection (2), for “tybaco, y papurau sigaréts neu’r cynhyrchion nicotin”
 
 
substitute “cynhyrchion fepio neu”.
 
 
(5)
In subsection (4)(a), for “tybaco, y papurau sigaréts neu’r cynhyrchion
40
 
nicotin” substitute “cynhyrchion fepio neu”.
 
 
(6)
Omit subsection (7).
 
 
7
(1)
The English language text of section 52 is amended as follows.
 

Page 135

 
(2)
In the heading, for “tobacco etc.” substitute “vaping and nicotine products”.
 
 
(3)
In subsection (1)—
 
 
(a)
in paragraph (a), for “tobacco, cigarette papers or” substitute “vaping
 
 
products or”;
 
 
(b)
in paragraph (c), for “tobacco or cigarette papers or” substitute
5
 
“vaping products or”;
 
 
(c)
in paragraph (d), for “tobacco, cigarette papers or” substitute “vaping
 
 
products or”.
 
 
(4)
In subsection (2), for “tobacco, cigarette papers or” substitute “vaping
 
 
products or”.
10
 
(5)
In subsection (4)(a), for “tobacco, cigarette papers or” substitute “vaping
 
 
products or”.
 
 
(6)
Omit subsection (7).
 
 
8
(1)
The Welsh language text of section 53 is amended as follows.
 
 
(2)
In subsection (1)—
15
 
(a)
in the words before paragraph (a), for “tybaco, papurau sigaréts
 
 
neu gynhyrchion nicotin” substitute “cynnyrch perthnasol”;
 
 
(b)
in paragraph (a), for “tybaco, y papurau sigaréts neu’r cynhyrchion
 
 
nicotin gael eu danfon” substitute “cynnyrch perthnasol gael ei
 
 
ddanfon”;
20
 
(c)
in paragraph (b), for “tybaco, y papurau sigaréts neu’r cynhyrchion
 
 
nicotin o dan sylw” substitute “cynnyrch perthnasol”.
 
 
(3)
In subsection (2)—
 
 
(a)
in the words before paragraph (a), for “tybaco, papurau sigaréts
 
 
neu gynhyrchion nicotin” substitute “cynnyrch perthnasol”;
25
 
(b)
in paragraph (a), for “tybaco, y papurau sigaréts neu’r cynhyrchion
 
 
nicotin gael eu casglu” substitute “cynnyrch perthnasol gael ei
 
 
gasglu”;
 
 
(c)
in paragraph (b), for “tybaco, y papurau sigaréts neu’r cynhyrchion
 
 
nicotin o dan sylw” substitute “cynnyrch perthnasol”.
30
 
(4)
After subsection (3) insert—
 
 
“(4)
Yn yr adran hon ystyr “cynnyrch perthnasol” yw—
 
 
(a)
cynnyrch tybaco,
 
 
(b)
cynnyrch smygu llysieuol,
 
 
(c)
papurau sigaréts,
35
 
(d)
cynnyrch fepio, neu
 
 
(e)
cynnyrch nicotin.”
 
 
9
(1)
The English language text of section 53 is amended as follows.
 
 
(2)
In subsection (1)—
 
 
(a)
in the words before paragraph (a), for “tobacco, cigarette papers or
40
 
nicotine products” substitute “a relevant product”;
 

Page 136

 
(b)
in paragraph (a), for “tobacco, cigarette papers or nicotine products”
 
 
substitute “relevant product”;
 
 
(c)
in paragraph (b), for “tobacco, cigarette papers or nicotine products
 
 
concerned” substitute “relevant product”.
 
 
(3)
In subsection (2)—
5
 
(a)
in the words before paragraph (a), for “tobacco, cigarette papers or
 
 
nicotine products” substitute “a relevant product”;
 
 
(b)
in paragraph (a), for “tobacco, cigarette papers or nicotine products”
 
 
substitute “relevant product”;
 
 
(c)
in paragraph (b), for “tobacco, cigarette papers or nicotine products
10
 
concerned” substitute “relevant product”.
 
 
(4)
After subsection (3) insert—
 
 
“(4)
In this section “relevant product” means—
 
 
(a)
a tobacco product,
 
 
(b)
a herbal smoking product,
15
 
(c)
cigarette papers,
 
 
(d)
a vaping product, or
 
 
(e)
a nicotine product.”
 
 
10
In the Welsh language text, after section 54 insert—
 
“54A
Pŵer i ymestyn y Bennod hon i gynhyrchion eraill
20
 
Caiff Gweinidogion Cymru drwy reoliadau ddiwygio’r Bennod hon
 
 
at ddiben ymestyn unrhyw ddarpariaeth sy’n gymwys mewn
 
 
perthynas â chynhyrchion tybaco i—
 
 
(a)
dyfais o ddisgrifiad penodedig sy’n galluogi cynnyrch tybaco
 
 
i gael ei ddefnyddio (er enghraifft, dyfais cynhesu tybaco
25
 
neu bibell);
 
 
(b)
eitem y bwriedir iddi ffurfio rhan o ddyfais o’r fath.”
 
 
11
In the English language text, after section 54 insert—
 
“54A
Power to extend this Chapter to other products
 
 
(1)
The Welsh Ministers may by regulations amend this Chapter for
30
 
the purpose of extending any provision that applies in relation to
 
 
a tobacco product to—
 
 
(a)
a device of a specified description which enables a tobacco
 
 
product to be consumed (for example, a heated tobacco
 
 
device or pipe);
35
 
(b)
an item which is intended to form part of such a device.
 
 
(2)
Before making regulations under this section the Welsh Ministers
 
 
must consult any persons the Welsh Ministers consider it appropriate
 
 
to consult.”
 

Page 137

 
12
For the Welsh language text of section 55 substitute—
 
“55
Dehongli’r Bennod hon
 
 
Yn y Bennod hon—
 
 
ystyr “cyflogaeth” (“ employment ”) yw unrhyw gyflogaeth, pa
 
 
un ai â thâl neu’n ddi-dâl, ac mae’n cynnwys—
5
 
(a)
gwaith o dan gontract am wasanaethau neu fel
 
 
deiliad swydd, a
 
 
(b)
profiad gwaith a ddarperir yn unol â chwrs neu
 
 
raglen hyfforddi neu yng nghwrs hyfforddiant ar
 
 
gyfer cyflogaeth;
10
 
mae i “cynnyrch fepio” yr ystyr a roddir i “vaping product”
 
 
gan adran 47 o Ddeddf Tybaco a Fêps 2024;
 
 
mae i “cynnyrch nicotin” yr ystyr a roddir i “nicotine product”
 
 
gan adran 47 o Ddeddf Tybaco a Fêps 2024;
 
 
mae i “cynnyrch smygu llysieuol” yr ystyr a roddir i “herbal
15
 
smoking product” gan adran 47 o Ddeddf Tybaco a Fêps
 
 
2024;
 
 
mae i “cynnyrch tybaco” yr ystyr a roddir i “tobacco product”
 
 
gan adran 47 o Ddeddf Tybaco a Fêps 2024;
 
 
mae “papurau sigaréts” (“ cigarette papers ”) yn cynnwys unrhyw
20
 
beth y bwriedir iddo gael ei ddefnyddio ar gyfer cau am
 
 
gynhyrchion tybaco neu gynhyrchion smygu llysieuol at y
 
 
diben o alluogi iddynt gael eu smygu.”
 
 
13
For the English language text of section 55 substitute—
 
“55
Interpretation of this Chapter
25
 
In this Chapter—
 
 
“cigarette papers” (“ papurau sigaréts ”) includes anything
 
 
intended to be used for encasing tobacco products or herbal
 
 
smoking products for the purpose of enabling them to be
 
 
smoked;
30
 
“employment” (“ cyflogaeth ”) means any employment, whether
 
 
paid or unpaid, and includes—
 
 
(a)
work under a contract for services or as an office
 
 
holder, and
 
 
(b)
work experience provided pursuant to a training
35
 
course or programme or in the course of training for
 
 
employment;
 
 
“herbal smoking product” (“ cynnyrch smygu llysieuol ”) has the
 
 
meaning given by section 47 of the Tobacco and Vapes Act
 
 
2024;
40
 
“nicotine product” ( “cynnyrch nicotin” ) has the meaning given
 
 
by section 47 of the Tobacco and Vapes Act 2024;
 

Page 138

 
“tobacco product” (“ cynnyrch tybaco ”) has the meaning given
 
 
by section 47 of the Tobacco and Vapes Act 2024;
 
 
“vaping product” (“ cynnyrch fepio ”) has the meaning given by
 
 
section 47 of the Tobacco and Vapes Act 2024.”
 
 
14
In the Welsh language text of section 123, in subsection (2), for “neu 50(2)”
5
 
substitute “, 50(2) neu 54A ”.
 
 
15
In the English language text of section 123, in subsection (2)(a), for “or
 
 
50(2)” substitute “, 50(2) or 54A ”.
 
Schedule 6
Section 41
 
 
Part 1 consequential amendments commencing after 6 months
10

Children and Young Persons Act 1933

 
 
1
The Children and Young Persons Act 1933 is amended as follows.
 
 
2
Omit sections 12A to 12D and the italic heading before those sections.
 
 
3
Omit section 102.
 

Children and Young Persons (Protection from Tobacco) Act 1991

15
 
4
The Children and Young Persons (Protection from Tobacco) Act 1991 is
 
 
amended as follows.
 
 
5
Omit sections 3 and 3A.
 
 
6
(1)
Section 4 is amended as follows.
 
 
(2)
Omit subsection (2).
20
 
(3)
In subsections (3) and (4) omit “or (2).”
 
 
(4)
In the heading omit “and on vending machines”.
 
 
7
Omit section 5.
 

Tobacco Advertising and Promotion Act 2002

 
 
8
The Tobacco Advertising and Promotion Act 2002 is amended as follows.
25
 
9
Omit section 9
 
 
10
In section 17, in subsection (1) omit “9(5),”.
 

Health Act 2006

 
 
11
The Health Act 2006 is amended as follows.
 
 
12
Omit Chapter 2 of Part 1.
30
 
13
(1)
Section 79 is amended as follows.
 

Page 139

 
(2)
In subsection (4) omit paragraph (b).
 
 
(3)
In subsection (4A) omit paragraph (b) (but not the “or” at the end).
 

Criminal Justice and Immigration Act 2008

 
 
14
In the Criminal Justice and Immigration Act 2008 omit section 143 and the
 
 
italic heading before that section.
5

Regulatory Enforcement and Sanctions Act 2008

 
 
15
(1)
Schedule 3 to the Regulatory Enforcement and Sanctions Act 2008.
 
 
(2)
At the appropriate place insert—
 
 
“Tobacco and Vapes Act 2024, Parts 1, 5 and 6”.
 
 
(3)
Omit the reference to section 92 of the Children and Families Act 2014.
10

Health Act 2009

 
 
16
The Health Act 2009 is amended as follows.
 
 
17
Omit section 22.
 
 
18
In Schedule 4 omit paragraph 1 and the italic heading before that paragraph.
 

Children and Families Act 2014

15
 
19
The Children and Families Act 2014 is amended as follows.
 
 
20
(1)
Section 91 is amended as follows.
 
 
(2)
In the heading omit “, nicotine products”.
 
 
(3)
In subsection (1), for “, cigarette papers or a relevant nicotine product”
 
 
substitute “or cigarette papers”.
20
 
(4)
Omit subsection (5).
 
 
(5)
Omit subsection (8).
 
 
21
Omit sections 92 and 93.
 
 
22
In section 135, in subsection (6) omit paragraph (d).
 

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

25
 
23
In the Tobacco and Related Products Regulations 2016 omit regulation 17.
 

Public Health (Wales) Act 2017 (anaw 2)

 
 
24
The Public Health (Wales) Act 2017 is amended as follows.
 
 
25
(1)
Section 32 is amended as follows.
 
 
(2)
In subsection (2)—
30

Page 140

 
(a)
in the Welsh language text, for “adran 12A o Ddeddf Plant a Phobl
 
 
Ifanc 1933 (p.12)” substitute “adran 23 o Ddeddf Tybaco a Fêps
 
 
2024”;
 
 
(b)
in the English language text, for “section 12A of the Children and
 
 
Young Persons Act 1933 (c. 12)” substitute “section 23 of the Tobacco
5
 
and Vapes Act 2024”.
 
 
(3)
In subsection (3)—
 
 
(a)
in the Welsh language text, for “adran 12B o Ddeddf Plant a Phobl
 
 
Ifanc 1933 (p.12)” substitute “adran 28 o Ddeddf Tybaco a Fêps
 
 
2024”;
10
 
(b)
the English language text, for “section 12B of the Children and
 
 
Young Persons Act 1933 (c. 12)” substitute “section 28 of the Tobacco
 
 
and Vapes Act 2024”.
 
 
26
Omit Chapter 3 of Part 3.
 
 
27
Omit section 54.
15
 
28
In Schedule 2 omit paragraph 17.
 

Digital Markets, Competition and Consumers Act 2024

 
 
29
In Schedule 15 to the Digital Markets, Competition and Consumers Act
 
 
2024, in Part 1, in the first part of the Table (Acts of Parliament), at the
 
 
appropriate place (according to alphabetical order of Acts mentioned)
20
 
insert—
 
 
(1)
All public designated enforcers, other than—
 
 
“Tobacco
 
 
and Vapes
 
 
(a)
the Department for the Economy in
 
 
Act 2024
 
 
Northern Ireland;
 
 
(b)
the Department of Health in Northern
25
 
Ireland;
 
 
(c)
the Department for Infrastructure in
 
 
Northern Ireland;
 
 
(d)
an enforcement authority within the
 
 
meaning of section 120(15) of the
30
 
Communications Act 2003 (regulation of
 
 
premium rate services);
 
 
(e)
the Maritime and Coastguard Agency;
 
 
(f)
the Office for the Traffic Commissioner;
 
 
(g)
the Secretary of State.
35
 
(2)
All private designated enforcers.”
 

Page 141

Schedule 7
Section 41
 
 
Part 1 consequential amendments commencing on 1 January 2027
 

Children and Young Persons Act 1933

 
 
1
In the Children and Young Persons Act 1933 omit section 7.
 

Protection of Children (Tobacco) Act 1986

5
 
2
The Protection of Children (Tobacco) Act 1986 is repealed.
 

Children and Young Persons (Protection from Tobacco) Act 1991

 
 
3
The Children and Young Persons (Protection from Tobacco) Act 1991 is
 
 
repealed.
 

Local Government etc (Scotland) Act 1994

10
 
4
In Schedule 13 to the Local Government etc (Scotland) Act 1994 omit
 
 
paragraph 169 and the italic heading before that paragraph.
 

Police Reform Act 2002

 
 
5
In Schedule 5 to the Police Reform Act 2002 omit paragraph 6 and the italic
 
 
heading before that paragraph.
15

Courts Act 2003

 
 
6
In Schedule 8 to the Courts Act 2003 omit paragraph 72.
 

Regulatory Enforcement and Sanctions Act 2008

 
 
7
The Regulatory Enforcement and Sanctions Act 2008 is amended as follows.
 
 
8
In Schedule 3 omit the reference to the Children and Young Persons
20
 
(Protection from Tobacco) Act 1991.
 
 
9
(1)
Schedule 6 is amended as follows.
 
 
(2)
Omit the reference to section 7(1) of the Children and Young Persons Act
 
 
1933.
 
 
(3)
Omit the reference to the Children and Young Persons (Protection from
25
 
Tobacco) Act 1991.
 

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

 
 
10
In Schedule 2 to the Tobacco and Primary Medical Services (Scotland) Act
 
 
2010 (asp 3) omit paragraph 2 and the italic heading before that paragraph.
 

Page 142

Police Reform and Social Responsibility Act 2011

 
 
11
In Schedule 16 to the Police Reform and Social Responsibility Act 2011
 
 
omit paragraph 67.
 

Children and Families Act 2014

 
 
12
In the Children and Families Act 2014 omit section 91.
5

Digital Markets, Competition and Consumers Act 2024

 
 
13
In Schedule 15 to the Digital Markets, Competition and Consumers Act
 
 
2024, in Part 1, in the Table omit the entries relating to—
 
 
(a)
section 7(1) and (2) of the Children and Young Persons Act 1933;
 
 
(b)
section 4 of the Children and Young Persons (Protection from
10
 
Tobacco) Act 1991.
 
 
Schedule 8
Section 64
 

Alignment of definition of “vaping product” in Scottish legislation

 

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

 
 
1
The Tobacco and Primary Medical Services (Scotland) Act 2010 is amended
15
 
as follows.
 
 
2
For the heading of Part 1 substitute “Tobacco, vaping and nicotine
 
 
products”.
 
 
3
In the heading of Chapter 2 of Part 1, for “nicotine vapour” substitute
 
 
“vaping”.
20
 
4
In section 10 (register of tobacco and nicotine vapour product retailers)—
 
 
(a)
in subsection (1), for “nicotine vapour” substitute “vaping”;
 
 
(b)
in the heading, for “nicotine vapour” substitute “vaping”.
 
 
5
In section 11 (application for registration and addition of premises etc.), in
 
 
subsections (2)(b) and (c), (2A)(b) and (c), (3)(b), (4)(b) and (5), for “nicotine
25
 
vapour”, in each place it occurs, substitute “vaping”.
 
 
6
In section 12 (certificates of registration), in subsection (2)(b) and (c), for
 
 
“nicotine vapour” substitute “vaping”.
 
 
7
In section 13 (duty to notify registrar of changes), in subsection (1)(c), for
 
 
“nicotine vapour” substitute “vaping”.
30
 
8
In section 14 (changes to and removal from register), in subsections (2),
 
 
(3)(b) and (5)(b), for “nicotine vapour” substitute “vaping”.
 
 
9
In the italic heading before section 15, for “nicotine vapour” substitute
 
 
“vaping”.
 

Page 143

 
10
In section 15 (tobacco and nicotine vapour product banning orders)—
 
 
(a)
in subsections (1), (2), (3), (4)(c) and (6), for “nicotine vapour”
 
 
substitute “vaping”;
 
 
(b)
in the heading, for “nicotine vapour” substitute “vaping”.
 
 
11
In section 16 (tobacco and nicotine vapour product banning orders: ancillary
5
 
orders)—
 
 
(a)
in subsections (1)(a) and (b), (2)(a)(i) and (ii) and (b)(i), (ii) and (iii),
 
 
(3)(b), (4) and (5), for “nicotine vapour” substitute “vaping”;
 
 
(b)
in the heading, for “nicotine vapour” substitute “vaping”.
 
 
12
In section 17 (tobacco and nicotine vapour product banning orders etc.:
10
 
appeals)—
 
 
(a)
in subsections (1) and (3), for “nicotine vapour” substitute “vaping”;
 
 
(b)
in the heading, for “nicotine vapour” substitute “vaping”.
 
 
13
In section 18 (tobacco and nicotine vapour product banning orders etc.:
 
 
notification to Scottish Ministers)—
15
 
(a)
in subsection (1), for “nicotine vapour” substitute “vaping”;
 
 
(b)
in the heading, for “nicotine vapour” substitute “vaping”.
 
 
14
In section 19 (tobacco and nicotine vapour product banning orders: display
 
 
of notices)—
 
 
(a)
in subsections (1)(a), (3)(a) and (c) and (4), for “nicotine vapour”
20
 
substitute “vaping”;
 
 
(b)
in the heading, for “nicotine vapour” substitute “vaping”.
 
 
15
In section 20 (offences relating to the register), in subsections (1), (2), (2A)
 
 
and (4), for “nicotine vapour”, in each place it occurs, substitute “vaping”.
 
 
16
In the italic heading above section 21, for “nicotine vapour” substitute
25
 
“vaping”.
 
 
17
In section 21 (public inspection of the register), in subsection (1)(b) and (c),
 
 
for “nicotine vapour” substitute “vaping”.
 
 
18
In section 35 (interpretation), in subsection (1)—
 
 
(a)
omit the definition of “nicotine vapour product business”;
30
 
(b)
in the definition of “tobacco or nicotine vapour product business”,
 
 
for “nicotine vapour” substitute “vaping” in both places;
 
 
(c)
at the appropriate places insert—
 
 
““medical device” has the meaning given by the Medical Devices
 
 
Regulations 2002 (S.I. 2002/618),”;
35
 
“ “medicinal product” has the meaning given by the Human
 
 
Medicines Regulations 2012 (S.I. 2012/1916),”;
 
 
“ “vape” means—
 
 
(a)
a device which—
 
 
(i)
vaporises substances, other than tobacco, for
40
 
the purpose of inhalation through a
 

Page 144

 
mouthpiece (whether or not it also vaporises
 
 
tobacco), and
 
 
(ii)
is not a medical device or a medicinal
 
 
product, or
 
 
(b)
an item which is intended to form part of a device
5
 
within paragraph (a) (including anything intended
 
 
to be attached to it with a view to imparting
 
 
flavour),”;
 
 
“ “vaping product” means—
 
 
(a)
a vape, or
10
 
(b)
a vaping substance,”;
 
 
“ “vaping product business” means a business involving the
 
 
sale of vaping products by retail,”;
 
 
“ “vaping substance” means a substance, other than tobacco,
 
 
that is intended to be vaporised by a vape,”;
15
 
“ “vaporises” includes aerosolises (and “vaporised” is to be
 
 
construed accordingly).”
 
 
19
Omit section 35A (meaning of “nicotine vapour product”).
 

Transitional provision

 
 
20
In any legislation passed at a time before this Schedule comes into force,
20
 
and in any instrument or other document made before that time under or
 
 
for the purposes of the Tobacco and Primary Medical Services (Scotland)
 
 
Act 2010, any reference to a nicotine vapour product (within the meaning
 
 
of section 35A of that Act before its repeal by this Schedule) is to be read,
 
 
in relation to times after this Schedule comes into force, as a reference to
25
 
a vaping product (within the meaning of section 35 of that Act).
 
 
Schedule 9
Section 65
 

Extension of retailer register etc: Scotland

 
 
1
The Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) is
 
 
amended as follows.
30
 
2
In the heading of Part 1, after “Tobacco,” insert “herbal smoking,”.
 
 
3
In the heading of Chapter 2 of Part 1, for “and vaping” substitute “, herbal
 
 
smoking, vaping and nicotine”.
 
 
4
In section 10 (register of tobacco and nicotine vapour product retailers)—
 
 
(a)
for subsection (1) substitute—
35
 
“(1)
The Scottish Ministers must keep a register (referred to in
 
 
this Part as “the Register”) of persons carrying on one or
 

Page 145

 
more of the following (each of which is a “registrable
 
 
business”)—
 
 
(a)
a tobacco business,
 
 
(b)
a herbal smoking product business,
 
 
(c)
a vaping product business,
5
 
(d)
a nicotine product business.”;
 
 
(b)
after subsection (2) insert—
 
 
“(3)
References in this Chapter to a kind of registrable business
 
 
are to a kind mentioned in subsection (1)(a), (b), (c) or (d).”
 
 
(c)
in the heading, for “and vaping” substitute “, herbal smoking, vaping
10
 
and nicotine”.
 
 
5
(1)
Section 11 (application for registration and addition of premises etc.) is
 
 
amended as follows.
 
 
(2)
In subsection (2)(b) and (c), for “tobacco or vaping product” substitute
 
 
“registrable”.
15
 
(3)
For subsection (2A) substitute—
 
 
“(2A)
An application under subsection (1) must state, in relation to each
 
 
of the premises included in it, each kind of registrable business
 
 
that the applicant proposes to carry on at the premises.”
 
 
(4)
In subsection (3)(b)—
20
 
(a)
for “tobacco and vaping product banning order” substitute “banning
 
 
order”;
 
 
(b)
for “tobacco or vaping product business” substitute “registrable
 
 
business”.
 
 
(5)
For subsection (4)(b) substitute—
25
 
“(b)
the addresses of the premises at which the applicant proposes
 
 
to carry on a registrable business, noting, in relation to each
 
 
of the premises, each kind of registrable business that the
 
 
applicant proposes to carry on at the premises, and”.
 
 
(6)
For subsection (5) substitute—
30
 
“(5)
On granting an application under subsection (1)(b), the Scottish
 
 
Ministers must amend the applicant’s entry in the Register so as
 
 
to include the address of the further premises at which the
 
 
applicant proposes to carry on a registrable business, noting, in
 
 
relation to each of the premises, each kind of registrable business
35
 
that the applicant proposes to carry on at the premises.”
 
 
6
In section 12 (certificates of registration), for subsection (2) substitute—
 
 
“(2)
A certificate issued under subsection (1) must state each kind of
 
 
registrable business noted in the applicant’s entry in the Register
 
 
in relation to the premises.”
40

Page 146

 
7
In section 13 (duty to notify certain changes), in subsection (1), for paragraph
 
 
(c) substitute—
 
 
“(c)
the fact that the person is no longer carrying on a herbal
 
 
smoking product business at an address noted in the person’s
 
 
entry in the Register,
5
 
(d)
the fact that the person is no longer carrying on a vaping
 
 
product business at an address noted in the person’s entry
 
 
in the Register,
 
 
(e)
the fact that the person is no longer carrying on a nicotine
 
 
product business at an address noted in the person’s entry
10
 
in the Register.”
 
 
8
In section 14 (changes to and removal from register)—
 
 
(a)
in subsection (2) omit “tobacco and vaping product”;
 
 
(b)
in subsection (3)(b), for “tobacco or vaping product” substitute
 
 
“registrable”;
15
 
(c)
in subsection (5)(b), for “tobacco or vaping product” substitute
 
 
“registrable”.
 
 
9
In the italic heading before section 15 omit “Tobacco and vaping product”.
 
 
10
In section 15 (tobacco and vaping product banning orders)—
 
 
(a)
in subsections (1), (2) and (3), for “tobacco or vaping product”
20
 
substitute “registrable”;
 
 
(b)
in subsection (4)(c)—
 
 
(i)
after “, tobacco products” insert “, herbal smoking products”;
 
 
(ii)
for “or vaping products” substitute “, vaping products or
 
 
nicotine products”;
25
 
(c)
in subsection (6) omit “tobacco and vaping product”;
 
 
(d)
in the heading omit “Tobacco and vaping product”.
 
 
11
In section 16 (tobacco and vaping product banning orders: ancillary
 
 
orders)—
 
 
(a)
in subsections (1)(a) and (b) omit “tobacco and vaping product”;
30
 
(b)
in subsection (2)(a)(i) and (ii) and (b)(i), (ii) and (iii), for “tobacco
 
 
or vaping product” substitute “registrable”;
 
 
(c)
in subsections (3)(b), (4) and (5) omit “tobacco and vaping product”;
 
 
(d)
in the heading omit “Tobacco and vaping product”.
 
 
12
In section 17 (tobacco and vaping product banning orders etc.: appeals)—
35
 
(a)
in subsections (1) and (3) omit “tobacco and vaping product”;
 
 
(b)
in the heading omit “Tobacco and vaping product”.
 
 
13
In section 18 (tobacco and vaping product banning orders etc.: notification
 
 
to Scottish Ministers)—
 
 
(a)
in subsection (1) omit “tobacco and vaping product”;
40
 
(b)
in the heading omit “Tobacco and vaping product”.
 

Page 147

 
14
In section 19 (tobacco and vaping product banning orders: display of
 
 
notices)—
 
 
(a)
in subsections (1)(a) and (3)(a) and (c) omit “tobacco and vaping
 
 
product”;
 
 
(b)
in subsection (4)—
5
 
(i)
after “tobacco products” insert “, herbal smoking products”;
 
 
(ii)
for “or vaping products” substitute “, vaping products or
 
 
nicotine products”;
 
 
(c)
in the heading omit “Tobacco and vaping product”.
 
 
15
In section 20 (offences relating to the register)—
10
 
(a)
in subsection (1), for “tobacco or vaping product” substitute
 
 
“registrable”;
 
 
(b)
for subsections (2) and (2A) substitute—
 
 
“(2)
A registered person who carries on a registrable business
 
 
at premises other than those noted in the person’s entry in
15
 
the Register as premises at which the person carries on that
 
 
kind of registrable business commits an offence.”;
 
 
(c)
in subsection (4) omit “tobacco and vaping product”;
 
 
(d)
in subsection (6)(a), in the words before sub-paragraph (i) omit “,
 
 
(2A)”.
20
 
16
In the italic heading above section 21, for “and vaping” substitute “, herbal
 
 
smoking, vaping and nicotine”.
 
 
17
In section 21 (public inspection of register), for subsection (1) substitute—
 
 
“(1)
On the basis of information contained in the Register, the Scottish
 
 
Ministers must make available for public inspection a list of
25
 
premises, specifying for each of those premises each kind of
 
 
registrable business carried on or proposed to be carried on there.”
 
 
18
In section 22 (council access to Register), in subsection (2), for “may by”
 
 
substitute “may be”.
 
 
19
In section 35 (interpretation), in subsection (1)—
30
 
(a)
omit the definitions of “tobacco or vaping product business” and
 
 
“tobacco retailing banning order”;
 
 
(b)
at the appropriate places insert—
 
 
“““banning order” has the meaning given in section 15(6),”;
 
 
““herbal smoking product business” means a business involving
35
 
the sale of herbal smoking products by retail,”;
 
 
““nicotine product business” means a business involving the
 
 
sale of nicotine products by retail,”;
 
 
““registrable business” has the meaning given in section 10(1)
 
 
(and references to a kind of registrable business have the
40
 
meaning given in section 10(3)),”.
 

Page 148

 
Schedule 10
Section 83
 

Extension of retailer register: Northern Ireland

 
 
1
The Tobacco Retailers Act (Northern Ireland) 2014 (c. 4 (N.I.)) is amended
 
 
as follows.
 
 
2
In the italic heading before section 1, after “tobacco” insert “, vaping product
5
 
and nicotine product”.
 
 
3
In section 1 (register of tobacco retailers)—
 
 
(a)
for subsection (1) substitute—
 
 
“(1)
The registration authority must, in accordance with the
 
 
provisions of this Act, maintain a register (“the Register”) of
10
 
persons carrying on one or more of the following (each of
 
 
which is a “registrable business”)—
 
 
(a)
a tobacco business;
 
 
(b)
a vaping product business;
 
 
(c)
a nicotine product business.”;
15
 
(b)
in subsection (2)(a), for “tobacco” substitute “registrable”;
 
 
(c)
after subsection (6) insert—
 
 
“(7)
References in this Act to a kind of registrable business are
 
 
to a kind mentioned in subsection (1) (a) , (b) or (c) .”;
 
 
(d)
in the heading, after “tobacco” insert “, vaping product and nicotine
20
 
product”.
 
 
4
In section 2 (application for registration)—
 
 
(a)
in subsection (1)—
 
 
(i)
omit the “or” at the end of paragraph (a);
 
 
(ii)
at the end of paragraph (b) insert “; or
25
 
“(c)
to add further kinds of registrable business
 
 
in relation to premises the address of which
 
 
is noted in the person’s entry in the Register.”;
 
 
(b)
in subsection (2)—
 
 
(i)
in paragraphs (b) and (c), for “tobacco” substitute
30
 
“registrable”;
 
 
(ii)
after paragraph (c) insert—
 
 
“(ca)
where it is an application under subsection
 
 
(1)(a) or (b), state, in relation to each of the
 
 
premises to which the application relates, each
35
 
kind of registrable business that the applicant
 
 
proposes to carry on at the premises;
 
 
(cb)
where it is an application under subsection
 
 
(1)(c), state, in relation to each of the premises
 
 
to which the application relates, each further
40

Page 149

 
kind of registrable business that the applicant
 
 
proposes to carry on at the premises;”;
 
 
(c)
in subsection (5)—
 
 
(i)
in paragraph (b), for “tobacco” substitute “registrable”;
 
 
(ii)
after paragraph (b) insert—
5
 
“(ba)
in relation to each of those premises, each
 
 
kind of registrable business that the applicant
 
 
proposes to carry on at the premises;”;
 
 
(d)
in subsection (6)—
 
 
(i)
in paragraph (a), for “tobacco” substitute “registrable”;
10
 
(ii)
after paragraph (a) insert—
 
 
“(aa)
in relation to each of those premises, each
 
 
kind of registrable business that the applicant
 
 
proposes to carry on at the premises;”;
 
 
(e)
after subsection (6) insert—
15
 
“(6A)
On granting an application under subsection (1)(c) the
 
 
registration authority must enter the following information
 
 
in the Register—
 
 
(a)
in relation to each of the premises to which the
 
 
application relates, each further kind of registrable
20
 
business the applicant proposes to carry on at the
 
 
premises;
 
 
(b)
any other information which the Department may
 
 
direct the authority to include.”
 
 
5
In section 3 (duty to notify certain changes), in subsection (1), after
25
 
paragraph (b) insert “;
 
 
“(c)
the fact that the person is no longer carrying on a vaping
 
 
product business at an address noted in the person’s entry
 
 
in the Register;
 
 
(d)
the fact that the person is no longer carrying on a nicotine
30
 
product business at an address noted in the person’s entry
 
 
in the Register.”
 
 
6
In section 4 (changes to and removal from the Register), in subsections
 
 
(3)(b) and (4)(b), for “tobacco” substitute “registrable”.
 
 
7
In section 10 (offences)—
35
 
(a)
in subsection (1), for “tobacco” substitute “registrable”;
 
 
(b)
for subsection (2) substitute—
 
 
“(2)
A registered person who carries on a registrable business at
 
 
premises other than those noted in the person’s entry in the
 
 
Register as premises at which the person proposes to carry
40
 
on that kind of registrable business commits an offence.”
 

Page 150

 
8
In section 22 (interpretation), in subsection (1), at the appropriate places
 
 
insert—
 
 
“““nicotine product business” means a business involving the sale of
 
 
nicotine products by retail;”;
 
 
““registrable business” has the meaning given in section 1 (1) (and
5
 
references to a kind of registrable business have the meaning given
 
 
in section 1 (7) );”;
 
 
““vaping product business” means a business involving the sale of
 
 
vaping products by retail;”.
 
 
Schedule 11
Section 84 (2)
10

Retail licensing scheme in Northern Ireland

 
 
In the Tobacco Retailers Act (Northern Ireland) 2014 (c. 4 (N.I.)), after section 26
 
 
insert—
 
 
“Schedule 1
Section 4A(6).
 

Retail licensing scheme

15

Introduction

 
 
1
This Schedule is about the provision that may be made by regulations
 
 
under section 4A(4).
 

Licensing authority

 
 
2
The regulations must specify a council (a “licensing authority”) which is
20
 
to grant licences.
 

Grant of licence

 
 
3
(1)
The regulations may—
 
 
(a)
prohibit a licensing authority from granting a licence unless satisfied
 
 
as to a matter specified in the regulations;
25
 
(b)
require a licensing authority to have regard, in deciding whether
 
 
to grant a licence, to a matter specified in the regulations.
 
 
(2)
The provision that may be made under sub-paragraph (1)(a) includes—
 
 
(a)
provision prohibiting a licensing authority from granting a premises
 
 
licence in respect of premises within an area of a description
30
 
specified in the regulations;
 
 
(b)
provision limiting the number of licensed premises within an area
 
 
of a description specified in the regulations.
 

Page 151

 
(3)
The regulations may make provision requiring a licensing authority not to
 
 
grant a premises licence unless the premises have been inspected in
 
 
accordance with the regulations.
 

Licence fee

 
 
4
(1)
The regulations may authorise a licensing authority to charge a fee in
5
 
respect of an application for the grant of a licence (which may be set at a
 
 
level that takes into account the cost of exercising functions under or in
 
 
connection with sections 4A to 4C or the regulations).
 
 
(2)
Any such fee must not exceed an amount specified in, or determined in
 
 
accordance with, the regulations.
10
 
(3)
The regulations may make provision for the payment by a licensing
 
 
authority of a proportion of any amount received by virtue of sub-paragraph
 
 
(1) to any other person with functions under or in connection with sections
 
 
4A to 4C or the regulations.
 

Licence conditions

15
 
5
(1)
The regulations may make provision for the grant of a licence subject to
 
 
conditions.
 
 
(2)
Provision of the kind mentioned in sub-paragraph (1) may—
 
 
(a)
enable a licensing authority to attach conditions to a licence;
 
 
(b)
require a licensing authority to attach to a licence a condition
20
 
specified in the regulations.
 
 
(3)
The provision that may be made under sub-paragraph (1) includes provision
 
 
prohibiting or restricting the sale of relevant products within an area of a
 
 
description specified in the regulations.
 

Duration etc of licence

25
 
6
(1)
The regulations may make provision about the duration, renewal, variation,
 
 
suspension or revocation of licences.
 
 
(2)
The provision that may be made under sub-paragraph (1) includes provision
 
 
conferring power on a court by which a person is convicted of an offence
 
 
under section 4B to vary, suspend or revoke a licence.
30

Publication of licence information

 
 
7
The regulations may make provision for the publication by a licensing
 
 
authority of information relating to licences granted by the licensing
 
 
authority.
 

Reviews and appeals

35
 
8
(1)
The regulations must specify the circumstances in which a person may
 
 
request a review of a decision taken under the regulations.
 

Page 152

 
(2)
The regulations must confer a right of appeal to a magistrates’ court against
 
 
a decision taken on a review.
 
 
(3)
The regulations may contain provision about time limits for requesting
 
 
reviews or initiating appeals.
 

Guidance

5
 
9
The regulations may require a licensing authority, in carrying out functions
 
 
under the regulations, to have regard to guidance published by the
 
 
Department.
 

Sub-delegation

 
 
10
The regulations may confer discretions.
10

Interpretation

 
 
11
In this Schedule—
 
 
“grant” includes vary or renew;
 
 
“licence” means a personal licence or a premises licence;
 
 
“licensing authority” has the meaning given by paragraph 2;
15
 
“personal licence” has the meaning given by section 4A(7);
 
 
“premises licence” has the meaning given by section 4A(7);
 
 
“relevant products” has the meaning given by section 4A(7).”
 
 
Schedule 12
Section 84 (3)
 

Financial Penalties for breach of retail licence conditions in Northern

20

Ireland

 
 
After Schedule 1 to the Tobacco Retailers Act (Northern Ireland) 2014 (c. 4 (N.I.))
 
 
(inserted by Schedule 11 to this Act) insert—
 
 
“Schedule 2
Section 4C (4)
 

Financial Penalties for breach of retail licence conditions

25

Introduction

 
 
1
This Schedule makes further provision in connection with the imposition
 
 
of financial penalties under section 4C.
 

Notices of intent

 
 
2
(1)
A council must, before imposing a financial penalty on a person, give the
30
 
person written notice (a “notice of intent”) of the proposed financial penalty.
 
 
(2)
A notice of intent must specify—
 

Page 153

 
(a)
the amount of the proposed financial penalty,
 
 
(b)
the reasons for proposing to impose the penalty,
 
 
(c)
information about the right to make representations under paragraph
 
 
3, and
 
 
(d)
the date by which any representations must be made.
5
 
(3)
The date specified under sub-paragraph (2)(d) must be a date more than
 
 
28 days after the day on which the notice of intent is given to the person.
 
 
(4)
The council may at any time withdraw the notice of intent, or amend it to
 
 
reduce the amount of the proposed financial penalty, by giving written
 
 
notice to the person.
10

Right to make representations

 
 
3
(1)
A person who is given a notice of intent under paragraph 2 may make
 
 
written representations to the council that issued the notice about the
 
 
proposal to impose a financial penalty.
 
 
(2)
Any representations must be made within the period (“the period for
15
 
representations”) ending with the date specified under paragraph 2(2)(d).
 

Final notices

 
 
4
(1)
After the end of the period for representations the council must decide
 
 
whether to impose a financial penalty on the person.
 
 
(2)
If the council decides to impose a financial penalty on the person, the
20
 
council must give the person written notice (a “final notice”) imposing the
 
 
penalty.
 
 
(3)
A final notice must specify—
 
 
(a)
the amount of the financial penalty,
 
 
(b)
the reasons for imposing the penalty,
25
 
(c)
the date by which the penalty must be paid,
 
 
(d)
information about the right of appeal under paragraph 5, and
 
 
(e)
the consequence of failure to comply with the final notice.
 
 
(4)
The date specified under sub-paragraph (3)(c) must be a date more than
 
 
28 days after the day on which the final notice is given to the person.
30
 
(5)
The council may at any time withdraw a final notice, or amend it to reduce
 
 
the amount of the financial penalty, by giving written notice to the person.
 
 
(6)
A final notice may not be given more than 28 days after the last day of the
 
 
period for representations.
 

Appeals

35
 
5
(1)
A person on whom a financial penalty is imposed under section 4C may
 
 
appeal to the magistrates’ court against—
 
 
(a)
the decision to impose the penalty, or
 

Page 154

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

Recovery

 
 
6
(1)
This paragraph applies if a person fails to pay the whole or part of a
10
 
financial penalty before the end of the period within which the person is
 
 
required to pay the penalty.
 
 
(2)
The council that imposed the financial penalty may recover the unpaid
 
 
amount of the penalty as if it were payable under an order of a county
 
 
court.
15

Use of proceeds

 
 
7
(1)
A council may use any sums it receives in pursuance of final notices given
 
 
under paragraph 4 (its “financial penalty receipts”) only for the purposes
 
 
of its functions under this Act.
 
 
(2)
A council must supply the Department with such information relating to
20
 
its use of its financial penalty receipts as the Department may require.
 
 
(3)
Regulations may make provision for what a council is to do with its
 
 
financial penalty receipts—
 
 
(a)
pending their being used for the purposes mentioned in
 
 
sub-paragraph (1);
25
 
(b)
if they are not used for those purposes within a period of time
 
 
specified in the regulations and beginning with their receipt.
 
 
(4)
The provision that may be made under sub-paragraph (3)(b) includes (in
 
 
particular) provision for the payment of sums to a person (including the
 
 
Department) other than the council.
30
 
(5)
Regulations may make provision for accounting arrangements in respect
 
 
of a council's financial penalty receipts.
 
 
(6)
Before making regulations under this paragraph, the Department must
 
 
consult—
 
 
(a)
councils, and
35
 
(b)
such other persons as the Department considers appropriate.”
 

Page 155

 
Schedule 13
Section 84 (4)
 

Licensing of retail sales of tobacco products etc: consequential amendments

 

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

 
 
1
The Tobacco Retailers Act (Northern Ireland) 2014 is amended as follows.
 
 
2
Omit sections 1 to 4 (and the italic heading before section 1).
5
 
3
In section 5, in subsection (14)—
 
 
(a)
after paragraph (d) insert—
 
 
“(da)
an offence committed under section 4B on or in
 
 
respect of any premises (which are accordingly “the
 
 
premises in relation to which the offence is
10
 
committed”).”;
 
 
(b)
omit paragraph (f).
 
 
4
In section 6, in subsection (8) (as inserted by Schedule 14 to this Act)—
 
 
(a)
after paragraph (d) insert—
 
 
“(da)
an offence committed under section 4B on or in
15
 
respect of any premises (which are accordingly “the
 
 
premises in relation to which the offence is
 
 
committed”).”;
 
 
(b)
omit paragraph (e).
 
 
5
Omit the italic heading before section 10 .
20
 
6
(1)
Section 10 is amended as follows.
 
 
(2)
Omit subsections (1) , (2) and (3) .
 
 
(3)
In subsection (9) , omit paragraphs (a) and (b) .
 
 
(4)
In the heading, after Offences insert in connection with restricted premises orders and restricted sales orders .
 
 
7
In the italic heading before section 11 , for Enforcement substitute General enforcement .
 
 
8
In section 11 , in subsection (1) (a) (i) , after section insert 4B or .
 
 
9
In section 12 , in subsection (1) (a) —
 
 
(a)
after section insert 4B or ;
30
 
(b)
omit (1), (2), (3), .
 
 
10
(1)
Section 16 is amended as follows.
 
 
(2)
In subsection (1)—
 
 
(a)
omit , the registration authority in each place it occurs;
 
 
(b)
before paragraph (a) insert—
35
 
“(za)
financial penalties imposed under section 4C by that
 
 
council;”.
 

Page 156

 
(3)
In subsection (2), omit or the registration authority in each place it occurs.
 
 
11
Omit section 21 .
 
 
12
In section 22 , in subsection (1) omit the following definitions—
 
 
(a)
“nicotine product business”;
 
 
(b)
“the Register”;
5
 
(c)
“registered”, “unregistered”, and “the registration authority”;
 
 
(d)
“registrable business”;
 
 
(e)
“tobacco business”;
 
 
(f)
“vaping product business”.
 
 
13
In section 23 , omit subsections (3) and (4).
10
 
14
In section 24 , in subsection (2) , for 2(7) substitute 4A .
 

This Act

 
 
15
(1)
This Act is amended as follows.
 
 
(2)
Omit section 83 and Schedule 10 .
 
 
(3)
In Schedule 14 , omit paragraphs 14 and 16 .
15
 
(4)
In Schedule 15 , omit paragraph 9 .
 
 
Schedule 14
Section 86
 

Part

 

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

 

26))

20
 
1
The Health and Personal Social Services (Northern Ireland) Order 1978 is
 
 
amended as follows.
 
 
2
In the heading of Part 2 of that Order omit “to persons apparently under
 
 
18”.
 
 
3
Before Article 3 insert a new italic heading “Tobacco products etc”.
25
 
4
In Article 3(1), after “tobacco” insert “product, herbal smoking product”.
 
 
5
Omit Article 4.
 
 
6
In Article 5(1) and (2), after “tobacco” insert “products, herbal smoking
 
 
products”.
 
 
7
In Article 6—
30
 
(a)
for “this Part” substitute “Article 3 or 5”;
 
 
(b)
in paragraphs (a) and (b), after “tobacco” insert “products, herbal
 
 
smoking products”;
 

Page 157

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

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

 

1991/2872 (N.I. 25))

 
 
8
The Children and Young Persons (Protection from Tobacco) (Northern
5
 
Ireland) Order 1991 is amended as follows.
 
 
9
Omit Article 4.
 
 
10
Omit Article 4A.
 
 
11
(1)
Article 5 is amended as follows.
 
 
(2)
In paragraph (1)—
10
 
(a)
for “tobacco is” substitute “tobacco products are”;
 
 
(b)
after “the tobacco” insert “products”;
 
 
(c)
after “sale of tobacco” insert “products”.
 
 
(3)
Omit paragraph (2).
 
 
(4)
In paragraphs (3) and (4) omit “or (2)”.
15
 
(5)
In paragraph (6), for the definition of “tobacco” substitute—
 
 
““tobacco product” has the meaning given by Article 7 of the Health
 
 
and Personal Social Services (Northern Ireland) Order 1978.”
 
 
(6)
In the heading omit “and on vending machines”.
 
 
12
Omit Article 6.
20
 
13
In Article 7 omit paragraphs (2) and (3).
 

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

 
 
14
The Tobacco Retailers Act (Northern Ireland) 2014 is amended as follows.
 
 
15
In section 2, in subsection (3)(b), for “tobacco” substitute “a tobacco product
 
 
or herbal smoking product”.
25
 
16
In section 4, in subsection (2)(b), for “tobacco” substitute “a tobacco product
 
 
or herbal smoking product”.
 
 
17
In the italic heading before section 5, for “or nicotine” substitute “, vape
 
 
or nicotine”.
 
 
18
(1)
Section 5 is amended as follows.
30
 
(2)
In subsection (1)(a) and (b), for “or nicotine” substitute “, vape or nicotine”.
 
 
(3)
In subsection (4), for “of any tobacco, cigarette papers or nicotine products
 
 
to any person” substitute “to any person of any one or more of the
 
 
following—
 
 
“(a)
tobacco products;
35
 
(b)
herbal smoking products;
 

Page 158

 
(c)
cigarette papers;
 
 
(d)
vaping products;
 
 
(e)
nicotine products.”
 
 
(4)
In subsection (5) omit “of tobacco, cigarette papers or nicotine products”.
 
 
(5)
In subsection (8)(b)(i) and (ii), for “or nicotine” substitute “, vape or
5
 
nicotine”.
 
 
(6)
In subsection (13)(a), for “or nicotine” substitute “, vape or nicotine”.
 
 
(7)
In subsection (14)—
 
 
(a)
for “and section 6 “tobacco or nicotine offence”” substitute ““tobacco,
 
 
vape or nicotine offence””;
10
 
(b)
in paragraph (a), after “Article 3” insert “or 4H ”;
 
 
(c)
after paragraph (a) insert—
 
 
“(aa)
an offence committed under Article 4B or 4J of the
 
 
Health and Personal Social Services (Northern Ireland)
 
 
Order 1978 in respect of a machine kept on any
15
 
premises (which are accordingly “the premises in
 
 
relation to which the offence is committed”);”;
 
 
(d)
omit paragraph (b);
 
 
(e)
in paragraph (c), for “tobacco” substitute “a tobacco product or
 
 
herbal smoking product”;
20
 
(f)
at the end of paragraph (d) insert “or”;
 
 
(g)
omit paragraphs (e), (g) and (h).
 
 
19
(1)
Section 6 is amended as follows.
 
 
(2)
In subsection (1)(a) and (b), for “or nicotine” substitute “, vape or nicotine”.
 
 
(3)
In subsection (4)—
25
 
(a)
in paragraphs (a) and (b), for “tobacco, cigarette papers or nicotine
 
 
products” substitute “tobacco products, herbal smoking products,
 
 
cigarette papers, vaping products or nicotine products”;
 
 
(b)
in paragraphs (c) and (d), for “tobacco or nicotine products”
 
 
substitute “tobacco products, herbal smoking products, cigarette
30
 
papers, vaping products or nicotine products”.
 
 
(4)
In subsection (6)(a) and (b), for “or nicotine” substitute “, vape or nicotine”.
 
 
(5)
In subsection (7), for “or nicotine” substitute “, vape or nicotine”.
 
 
(6)
For subsection (8) substitute—
 
 
“(8)
In this section “tobacco, vape or nicotine offence” means—
35
 
(a)
an offence committed under Article 3 or 4H of the Health
 
 
and Personal Social Services (Northern Ireland) Order 1978
 
 
on any premises (which are accordingly “the premises in
 
 
relation to which the offence is committed”);
 
 
(b)
an offence committed under Article 4B or 4J of the Health
40
 
and Personal Social Services (Northern Ireland) Order 1978
 

Page 159

 
in respect of a machine kept on any premises (which are
 
 
accordingly “the premises in relation to which the offence
 
 
is committed”);
 
 
(c)
an offence relating to a tobacco product or herbal smoking
 
 
product committed under section 170 or 170B of the Customs
5
 
and Excise Management Act 1979 on any premises in
 
 
Northern Ireland (which are accordingly “the premises in
 
 
relation to which the offence is committed”);
 
 
(d)
an offence committed under section 8F, 8G or 8H of the
 
 
Tobacco Products Duty Act 1979 on any premises in
10
 
Northern Ireland (which are accordingly “the premises in
 
 
relation to which the offence is committed”); or
 
 
(e)
an offence committed under section 10 in respect of any
 
 
premises (which are accordingly “the premises in relation
 
 
to which the offence is committed”).”
15
 
20
In section 8, in subsection (4), for “tobacco, cigarette papers or nicotine
 
 
products” substitute “tobacco products, herbal smoking products, cigarette
 
 
papers, vaping products or nicotine products”.
 
 
21
(1)
Section 9 (restricted premises orders: no tobacco in retail area) is amended
 
 
as follows.
20
 
(2)
In the heading, for “or nicotine products” substitute “, vaping products or
 
 
nicotine products”.
 
 
(3)
In subsection (2), for “tobacco, cigarette papers or nicotine products”
 
 
substitute “tobacco products, herbal smoking products, cigarette papers,
 
 
vaping products or nicotine products”.
25
 
(4)
In subsection (3), for “tobacco, cigarette papers and nicotine products”
 
 
substitute “tobacco products, herbal smoking products, cigarette papers,
 
 
vaping products and nicotine products”.
 
 
22
In section 10, in subsection (4)(a), for “tobacco, cigarette papers or nicotine
 
 
products” substitute “tobacco products, herbal smoking products, cigarette
30
 
papers, vaping products or nicotine products”.
 
 
23
In section 11, in subsection (1)(a)—
 
 
(a)
in sub-paragraph (ii), for “Article 3, 4 or 4A” substitute “any
 
 
provision made by or under Part 2”;
 
 
(b)
in sub-paragraph (iii) omit “4, 4A or”.
35
 
(c)
omit sub-paragraphs (iv) and (v).
 
 
24
In section 12, in subsection (1)—
 
 
(a)
in paragraph (b), for “Article 3, 4 or 4A” substitute “any provision
 
 
made by or under Part 2”;
 
 
(b)
in paragraph (c) omit “4, 4A or”;
40
 
(c)
omit paragraphs (d) and (e).
 
 
25
(1)
Section 16 is amended as follows.
 
 
(2)
In subsection (1)(a) and (b), for “or nicotine” substitute “, vape or nicotine”.
 

Page 160

 
(3)
For subsection (3) substitute—
 
 
“(3)
In this section “tobacco, vape or nicotine offence” means an offence
 
 
falling within section 5(14) or 6(8).”
 
 
26
In section 22, in subsection (1)—
 
 
(a)
omit the definition of “cigarettes”;
5
 
(b)
for the definition of “nicotine product” substitute—
 
 
““nicotine product” has the meaning given by Article 7 of the
 
 
Health and Personal Social Services (Northern Ireland) Order
 
 
1978;”;
 
 
(c)
for the definition of “tobacco” substitute—
10
 
““tobacco product” has the meaning given by Article 7 of the
 
 
Health and Personal Social Services (Northern Ireland) Order
 
 
1978;”;
 
 
(d)
in the definition of “tobacco business”, for “tobacco” substitute
 
 
“tobacco products, herbal smoking products”;
15
 
(e)
at the appropriate places insert—
 
 
““cigarette papers” has the meaning given by Article 7 of the
 
 
Health and Personal Social Services (Northern Ireland) Order
 
 
1978;”;
 
 
“ “herbal smoking product” has the meaning given by Article
20
 
7 of the Health and Personal Social Services (Northern
 
 
Ireland) Order 1978;”;
 
 
“ “vaping product” has the meaning given by Article 7 of the
 
 
Health and Personal Social Services (Northern Ireland) Order
 
 
1978;”.
25

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

 
 
27
The Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 is
 
 
amended as follows.
 
 
28
In the heading of Part 1, for “Sale or use” substitute “Use”.
 
 
29
Omit sections 1 to 4.
30
 
30
Omit sections 6 and 7.
 

Health Act 2009

 
 
31
In the Health Act 2009 omit section 23.
 

Digital Markets, Competition and Consumers Act 2024

 
 
32
(1)
The Digital Markets, Competition and Consumers Act 2024 is amended as
35
 
follows.
 

Page 161

 
(2)
In section 151 (consumer protection law: enforcers), in subsection (1), after
 
 
paragraph (h) insert—
 
 
“(ha)
every district council in Northern Ireland;”.
 
 
(3)
In Schedule 15 (consumer protection enactments), in Part 1, in the Table—
 
 
(a)
in the entry relating to Article 5 of the Children and Young Persons
5
 
(Protection from Tobacco) (Northern Ireland) Order 1991 (S.I.
 
 
1991/2872 (N.I. 25)), in column 2, in paragraph (1), before
 
 
sub-paragraph (a) insert—
 
 
“(aa)
the Department for the Economy in Northern
 
 
Ireland;”;
10
 
(b)
in the entry relating to Articles 3 and 4 of the Health and Personal
 
 
Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I.
 
 
26))—
 
 
(i)
in column 1, for “Articles 3 and 4” substitute “Part 2”;
 
 
(ii)
in column 2, in paragraph (1), before sub-paragraph (a)
15
 
insert—
 
 
“(aa)
the Department for the Economy in Northern
 
 
Ireland;”.
 
 
Schedule 15
Section 86
 

Part

20

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

 

26)

 
 
1
In the Health and Personal Social Services (Northern Ireland) Order 1978
 
 
omit Articles 5 and 6.
 

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

25

1991/2872 (N.I. 25))

 
 
2
The Children and Young Persons (Protection from Tobacco) (Northern
 
 
Ireland) Order 1991 is revoked.
 

Police (Northern Ireland) Act 2003

 
 
3
(1)
Schedule 2A to the Police (Northern Ireland) Act 2003 is amended as
30
 
follows.
 
 
(2)
Omit paragraph 7 and the italic heading before it.
 
 
(3)
In paragraph 8—
 
 
(a)
omit sub-paragraph (2);
 
 
(b)
in sub-paragraphs (3), (4) and (5) omit “or (2)”.
35

Page 162

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

 
 
4
The Smoking (Northern Ireland) Order 2006 is amended as follows.
 
 
5
In Article 1, in paragraph (3)(h), for “14 to” substitute “15 and”.
 
 
6
Omit Article 14 (power to change age of sale for tobacco, etc).
 
 
7
In Article 15, in paragraph (3)(a) omit “or 14”.
5

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

 
 
8
The Tobacco Retailers Act (Northern Ireland) 2014 is amended as follows.
 
 
9
In section 1, in subsection (4) omit paragraph (c).
 
 
10
In section 11, in subsection (1)(a) omit sub-paragraph (iii).
 
 
11
In section 12, in subsection (1) omit paragraph (c).
10
 
12
Omit section 18.
 

Digital Markets, Competition and Consumers Act 2024

 
 
13
In Schedule 15 to the Digital Markets, Competition and Consumers Act
 
 
2024, in Part 1, in the Table omit the entry relating to Article 5 of the
 
 
Children and Young Persons (Protection from Tobacco) (Northern Ireland)
15
 
Order 1991 (S.I. 1991/2872 (N.I. 25)).
 
 
Schedule 16
Section 126
 

Advertising etc: audiovisual and radio broadcasting

 
 
1
The Communications Act 2003 is amended as follows.
 
 
2
(1)
Section 319 (OFCOM’s standards code for television and radio) is amended
20
 
as follows.
 
 
(2)
In subsection (9), for “subsections (10) to (12)” substitute “subsection (12)”.
 
 
(3)
Omit subsections (10) and (11).
 
 
3
In section 368F (on-demand programme services: prohibited advertising),
 
 
in subsection (1), for paragraph (aa) substitute—
25
 
“(aa)
herbal smoking products;
 
 
(ab)
cigarette papers;
 
 
(ac)
vaping products;
 
 
(ad)
nicotine products;”.
 
 
4
(1)
Section 368G (on-demand programme services: prohibited sponsorship) is
30
 
amended as follows.
 
 
(2)
In subsection (1)(a) and (b), after “ other tobacco products” insert “, herbal
 
 
smoking products or cigarette papers”.
 

Page 163

 
(3)
In subsection (1A)(a) and (b), for “electronic cigarettes or electronic cigarette
 
 
refill containers” substitute “vaping products or nicotine products”.
 
 
5
In section 368H (on-demand programme services: prohibited product
 
 
placement), in subsection (4), for paragraphs (ba) and (bb) substitute—
 
 
“(ba)
it is of herbal smoking products,
5
 
(bb)
it is by or on behalf of an undertaking whose principal
 
 
activity is the manufacture or sale of herbal smoking
 
 
products,
 
 
(bc)
it is of cigarette papers,
 
 
(bd)
it is by or on behalf of an undertaking whose principal
10
 
activity is the manufacture or sale of cigarette papers,
 
 
(be)
it is of vaping products or nicotine products,
 
 
(bf)
it is by or on behalf of an undertaking whose principal
 
 
activity is the manufacture or sale of vaping products or
 
 
nicotine products, or”.
15
 
6
In section 368R (interpretation of Part 4A), in subsection (1)—
 
 
(a)
omit the definitions of “electronic cigarette” and “electronic cigarette
 
 
refill container”;
 
 
(b)
at the appropriate places insert—
 
 
““cigarette papers” has the meaning given by section 111 of the
20
 
Tobacco and Vapes Act 2024;”;
 
 
“ “herbal smoking product” has the meaning given by section
 
 
111 of the Tobacco and Vapes Act 2024;”;
 
 
“ “nicotine product” has the meaning given by section 111 of
 
 
the Tobacco and Vapes Act 2024;”;
25
 
(c)
for the definition of “tobacco product” substitute—
 
 
““tobacco product” has the meaning given by section 111 of the
 
 
Tobacco and Vapes Act 2024;
 
 
“vaping product” has the meaning given by section 111 of the
 
 
Tobacco and Vapes Act 2024.”
30
 
7
(1)
Section 368Z (video-sharing platform service: prohibited audiovisual
 
 
commercial communications) is amended as follows.
 
 
(2)
In subsection (2), for paragraph (b) substitute—
 
 
“(b)
herbal smoking products;
 
 
(ba)
cigarette papers;
35
 
(bb)
vaping products;
 
 
(bc)
nicotine products;”.
 
 
(3)
In subsection (6)—
 
 
(a)
omit the definitions of “electronic cigarette” and “electronic cigarette
 
 
refill container”;
40

Page 164

 
(b)
at the appropriate places insert—
 
 
““cigarette papers” has the meaning given by section 111 of the
 
 
Tobacco and Vapes Act 2024;”;
 
 
“ “herbal smoking product” has the meaning given by section
 
 
111 of the Tobacco and Vapes Act 2024;”;
5
 
“ “nicotine product” has the meaning given by section 111 of
 
 
the Tobacco and Vapes Act 2024;”;
 
 
(c)
for the definition of “tobacco product” substitute—
 
 
““tobacco product” has the meaning given by section 111 of the
 
 
Tobacco and Vapes Act 2024;
10
 
“vaping product” has the meaning given by section 111 of the
 
 
Tobacco and Vapes Act 2024.”
 
 
8
(1)
Schedule 11A (restrictions on product placement) is amended as follows.
 
 
(2)
In paragraph 4, for paragraphs (ba) and (bb) substitute—
 
 
“(ba)
of herbal smoking products;
15
 
(bb)
by or on behalf of an undertaking whose principal activity
 
 
is the manufacture or sale of herbal smoking products;
 
 
(bc)
of cigarette papers;
 
 
(bd)
by or on behalf of an undertaking whose principal activity
 
 
is the manufacture or sale of cigarette papers;
20
 
(be)
of vaping products or nicotine products;
 
 
(bf)
by or on behalf of an undertaking whose principal activity
 
 
is the manufacture or sale of vaping products or nicotine
 
 
products; or”.
 
 
(3)
In paragraph 9—
25
 
(a)
omit the definitions of “electronic cigarette” and “electronic cigarette
 
 
refill container”;
 
 
(b)
for the definition of “tobacco product” substitute—
 
 
““tobacco product” has the meaning given by section 111 of the
 
 
Tobacco and Vapes Act 2024;”;
30
 
(c)
at the appropriate places insert—
 
 
““cigarette papers” has the meaning given by section 111 of the
 
 
Tobacco and Vapes Act 2024;”;
 
 
“ “herbal smoking product” has the meaning given by section
 
 
111 of the Tobacco and Vapes Act 2024;”;
35
 
“ “nicotine product” has the meaning given by section 111 of
 
 
the Tobacco and Vapes Act 2024;”;
 
 
“ “vaping product” has the meaning given by section 111 of the
 
 
Tobacco and Vapes Act 2024.”
 

Page 165

 
Schedule 17
Section 140
 

Amendments consequential on sections

 
 
1
The Health Act 2006 is amended as follows.
 
 
2
(1)
Section 2 is amended as follows.
 
 
(2)
For subsection (2) substitute—
5
 
“(2)
Premises in England are smoke-free if they are workplaces; they
 
 
are smoke-free all the time.”
 
 
(3)
In subsection (3), for “used as a place of work mentioned in subsection (2)”
 
 
substitute “a workplace”.
 
 
(4)
For subsections (7) and (8) substitute—
10
 
“(7)
In this Part “workplace” means—
 
 
(a)
a place of work used by more than one person (even if the
 
 
persons who work there do so at different times, or only
 
 
intermittently), or
 
 
(b)
a place of work where members of the public might attend
15
 
for the purpose of seeking or receiving goods or services
 
 
from the person or persons working there (even if members
 
 
of the public are not always present).”
 
 
3
(1)
Section 9 (fixed penalties) is amended as follows.
 
 
(2)
In subsection (1), for “or 7(2)” substitute “7(2), 8C (1) , 8E (5) , 8H (1) or 8J (6) ”.
20
 
(3)
In subsection (1A), after “section 8(4)” insert “ 8D (3) , 8I (3) ”.
 
 
4
In section 10 (enforcement), in subsections (1), (3) and (5), for “Chapter”,
 
 
in each place it occurs, substitute “Part”.
 
 
5
In section 11 (obstruction etc of officers), in subsections (1) and (2), for
 
 
“Chapter” substitute “Part”.
25
 
6
(1)
Section 12 (interpretation) is amended as follows.
 
 
(2)
In subsection (1), for “Chapter” substitute “Part”.
 
 
(3)
At the appropriate places insert—
 
 
““heated tobacco device” means a device that heats tobacco to generate
 
 
a vapour or an aerosol for the purpose of inhalation through a
30
 
mouthpiece (whether or not it can also heat other matter to produce
 
 
a vapour or aerosol);”;
 
 
“ “heated tobacco-free place” : see section 8G ;”;
 
 
“ “heated tobacco-free vehicle” : see section 8G ;”;
 
 
“ “open to the public” : premises and places are open to the public if
35
 
the public or a section of the public has access to them, whether by
 
 
invitation or not, and whether on payment or not;”;
 
 
“ “performance” includes—
 

Page 166

 
(a)
the performance of a play or a performance given in
 
 
connection with the making of a film or television
 
 
programme, and
 
 
(b)
a rehearsal;”;
 
 
“ “relevant vape” has the meaning given by section 8C (6) ;”;
5
 
“ “vape” has the meaning given by section 47 of the Tobacco and Vapes
 
 
Act 2024;”;
 
 
“ “vape-free place” : see section 8B ;”;
 
 
“ “vape-free vehicle” : see section 8B ;”;
 
 
“ “vaporises” has the meaning given by section 47 of the Tobacco and
10
 
Vapes Act 2024;
 
 
“ “work” includes voluntary work;”;
 
 
“ “workplace” has the meaning given by section 2 (7) .”.
 
 
(4)
In subsection (3), for “Chapter” substitute “Part”.
 
 
7
In Schedule 2 (powers of entry etc), in paragraphs, 2(a), 3, 4 and 6(1)(a)
15
 
omit “Chapter 1 of”.
 
 
Schedule 18
Section 145
 

Amendments consequential on sections

 
 
1
The Smoking, Health and Social Care (Scotland) Act 2005 (asp 13) is
 
 
amended as follows.
20
 
2
(1)
Section 5 is amended as follows.
 
 
(2)
In the heading, for “sections 1 to 3 and 4A to 4C” substitute “Chapters 1
 
 
to 3”.
 
 
(3)
In subsection (1), for “section 1, 2, 3, 4A, 4B or 4C(5)” substitute “any
 
 
provision of Chapter 1, 2 or 3 creating an offence”.
25
 
3
In section 6, in subsection (2), omit “under section 1, 3, 4A, 4B or 4C(5)”.
 
 
4
(1)
Section 7 is amended as follows.
 
 
(2)
For subsection (1) substitute—
 
 
“(1)
An authorised officer of the appropriate council may—
 
 
(a)
enter and search any no-smoking premises in order to
30
 
ascertain whether an offence under section 1, 2 or 3 has been
 
 
or is being committed there;
 
 
(b)
enter and search any vape-free premises in order to ascertain
 
 
whether an offence under Chapter 2 has been or is being
 
 
committed there;
35
 
(c)
enter and search any heated tobacco-free premises in order
 
 
to ascertain whether an offence under Chapter 3 has been
 
 
or is being committed there.”
 

Page 167

 
(3)
Omit subsection (1A).
 
 
(4)
In subsection (3)(a)(i), for “section 1, 2, 3, 4A, 4B or 4C(5)” substitute
 
 
“Chapter 1, 2 or 3”.
 
 
(5)
In subsection (5), for the definition of “the appropriate council” substitute—
 
 
““the appropriate council” means the council in the area in which those
5
 
premises are.”
 
 
5
After section 8 insert—
 
“8A
Interpretation of Part
 
 
In this Part—
 
 
“heated tobacco device” means a device that heats tobacco to
10
 
generate a vapour or an aerosol for the purpose of inhalation
 
 
through a mouthpiece (whether or not it can also heat other
 
 
matter to produce a vapour or aerosol);
 
 
“heated tobacco-free premises” has the meaning given by
 
 
section 4L (1) ;
15
 
“no-smoking premises” has the meaning given by section 4(2);
 
 
“performance” includes—
 
 
(a)
the performance of a play or a performance given in
 
 
connection with the making of a film or television
 
 
programme, and
20
 
(b)
a rehearsal;
 
 
“relevant vape” has the meaning given by section 4E (6) ;
 
 
“smoke” has the meaning given by section 4(1);
 
 
“vape” has the meaning given by section 35 of the Tobacco
 
 
and Primary Medical Services (Scotland) Act 2010;
25
 
“vape-free premises” has the meaning given by section 4H (1) ;
 
 
“vaporises” has the meaning given by section 35 of the Tobacco
 
 
and Primary Medical Services (Scotland) Act 2010.”
 
 
6
In section 40, in subsection (3)(a) omit “or 4D(2)(a) or (4)(a)”
 
 
7
(1)
Schedule 1 is amended as follows.
30
 
(2)
In the heading, for “sections 1, 2, 3, 4A, 4B and 4C(5)” substitute “Part 1”.
 
 
(3)
In paragraph 1—
 
 
(a)
in sub-paragraph (1A), after paragraph (c) insert—
 
 
“(d)
an offence under Chapter 2 in vape-free premises
 
 
within the area of the council,
35
 
(e)
an offence under Chapter 3 in vape-free premises
 
 
within the area of the council,”;
 
 
(b)
in sub-paragraphs (2) and (3), for “ section 1, 2, 3, 4A, 4B or 4C(5)”
 
 
substitute “Chapters 1, 2 or 3”.
 

Page 168

 
8
In paragraph 2, for “section 1, 2, 3, 4A, 4B or 4C(5)” substitute “Chapter 1,
 
 
2 or 3”.
 
 
9
In paragraph 4, in sub-paragraph (1), for “section 1, 2, 3, 4A, 4B or 4C(5)“
 
 
substitute “Chapter 1, 2 or 3”.
 
 
Schedule 19
Section 151
5

Amendments consequential on sections

 
 
1
The Public Health (Wales) Act 2017 is amended as follows.
 
 
2
In the Welsh language text, after section 17 insert—
 

“Dehongli

 
17A
Dehongli’r Bennod hon
10
 
(1)
Yn y Bennod hon—
 
 
ystyr “cartref gofal i oedolion” (“ adult care home ”) yw mangre
 
 
lle y darperir gwasanaeth cartref gofal o fewn yr ystyr a
 
 
roddir gan baragraff 1 o Atodlen 1 i Ddeddf Rheoleiddio ac
 
 
Arolygu Gofal Cymdeithasol (Cymru) 2016 (dccc 2) i
15
 
bersonau sy’n 18 oed neu’n hŷn;
 
 
mae “cerbyd” (“ vehicle ”) yn cynnwys trên, tram, cwch neu long,
 
 
hofrenfad ac awyren;
 
 
mae “cyfarpar maes chwarae” (“ playground equipment ”) yn
 
 
cynnwys (er enghraifft) siglen, llithren, pwll tywod, neu
20
 
ramp, ond nid yw’n cynnwys cyfarpar â modur (megis
 
 
cyfarpar sy’n rhedeg ar fodur trydanol);
 
 
mae i “Cymru” yr ystyr a roddir i “Wales” gan adran 158(1) o
 
 
Ddeddf Llywodraeth Cymru 2006 (p.32);
 
 
mae i “disgybl cofrestredig” yr ystyr a roddir i “registered
25
 
pupil” gan adran 434(5) o Ddeddf Addysg 1996 (p.56);
 
 
ystyr “gofal plant” (“ childcare ”) yw (yn ddarostyngedig i
 
 
is-adran (2)) unrhyw ffurf ar ofal ar gyfer plentyn, ac eithrio
 
 
gofal a ddarperir ar gyfer plentyn gan riant, perthynas neu
 
 
riant maeth i’r plentyn, ac mae’n cynnwys—
30
 
(a)
addysg ar gyfer plentyn, a
 
 
(b)
unrhyw weithgaredd arall o dan oruchwyliaeth ar
 
 
gyfer plentyn;
 
 
ystyr “hosbis i oedolion” (“ adult hospice ”) yw mangre a
 
 
ddefnyddir yn gyfan gwbl neu’n bennaf ar gyfer darparu
35
 
gofal lliniarol i bersonau sy’n 18 oed neu’n hŷn, sy’n dioddef
 
 
o glefyd sy’n gwaethygu ac sydd yn ei gyfnodau olaf, gan
 
 
neu ar ran sefydliad â’i brif swyddogaeth yw darparu gofal
 
 
o’r fath;
 

Page 169

 
mae “mangre” (“ premises ”) yn cynnwys—
 
 
(a)
unrhyw fan;
 
 
(b)
strwythur symudol ac eithrio cerbyd;
 
 
(c)
stondin;
 
 
(d)
pabell;
5
 
(e)
gosodiad alltraeth o fewn yr ystyr a roddir i “offshore
 
 
installation” yn Neddf Gweithiau Mwynau
 
 
(Gosodiadau Alltraeth) 1971 (p.61) (gweler adran 12
 
 
o’r Ddeddf honno);
 
 
ystyr “perthynas” (“ relative ”), mewn perthynas â phlentyn, yw
10
 
llys-riant, mam-gu/nain, tad-cu/taid, modryb, ewythr, brawd
 
 
neu chwaer (gan gynnwys unrhyw berson sydd yn y
 
 
berthynas honno yn rhinwedd priodas neu bartneriaeth sifil
 
 
neu berthynas deuluol barhaus);
 
 
ystyr “plentyn” (“ child ”) yw person o dan 18 oed;
15
 
mae “rhiant” (“ parent ”) yn cynnwys unrhyw berson a chanddo
 
 
gyfrifoldeb rhiant (o fewn yr ystyr a roddir i “parental
 
 
responsibility” yn adran 3 o Ddeddf Plant 1989 (p.41)) dros
 
 
blentyn;
 
 
mae i “ysbyty” yr ystyr a roddir i “hospital” gan adran 206 o
20
 
Ddeddf y Gwasanaeth Iechyd Gwladol (Cymru) 2006 (p.42);
 
 
mae i “ysgol” yr ystyr a roddir i “ school ” gan adran 4 o Ddeddf
 
 
Addysg 1996 (p.56);
 
 
mae “ysmygu” (“ smoking ” a “ smokes ”) i gael ei ddarllen yn unol
 
 
ag adran 4.
25
 
(2)
Nid yw cyfeiriadau yn y Bennod hon at “gofal plant” yn cynnwys—
 
 
(a)
addysg (neu unrhyw weithgaredd arall o dan oruchwyliaeth)
 
 
a ddarperir gan ysgol yn ystod oriau ysgol ar gyfer disgybl
 
 
cofrestredig, na
 
 
(b)
unrhyw ffurf ar ofal iechyd ar gyfer plentyn.
30
 
(3)
At ddibenion is-adran (1) mae person yn rhiant maeth mewn
 
 
perthynas â phlentyn os yw’r person-
 
 
(a)
yn rhiant maeth awdurdod lleol (o fewn yr ystyr a roddir
 
 
gan adran 197 o Ddeddf Gwasanaethau Cymdeithasol a
 
 
Llesiant (Cymru) 2014 (dccc 4)), neu
35
 
(b)
yn maethu’r plentyn yn breifat.
 
 
(4)
Mae cyfeiriadau yn y Bennod hon at “annedd” yn cynnwys tir a
 
 
fwynheir gyda mangre pan fo’r fangre ei hun yn annedd, oni bai
 
 
bod y tir yn dir amaethyddol (o fewn yr ystyr a roddir gan adran
 
 
246 o Ddeddf Rhentu Cartrefi (Cymru) 2016 (dccc 1)) sy’n fwy na
40
 
0.809 hectar.
 
 
(5)
Mae cyfeiriadau yn y Bennod hon, sut bynnag y’u mynegir, at
 
 
fangreoedd neu gerbydau sy’n ddi-fwg (neu nad ydynt yn ddi-fwg)
 
 
(neu sy’n cael eu trin fel pe baent yn ddi-fwg) yn gyfeiriadau at y
 

Page 170

 
mangreoedd hynny neu’r cerbydau hynny i’r graddau y maent yn
 
 
ddi-fwg (neu nad ydynt yn ddi-fwg) (neu’n cael eu trin fel pe baent
 
 
yn ddi-fwg) o dan y Bennod hon neu yn rhinwedd y Bennod hon.
 
 
(6)
Gall mangreoedd fod yn ddi-fwg yn rhinwedd mwy nag un adran
 
 
yn y Bennod hon.
5
 
(7)
Caiff rheoliadau bennu at ddiben y Bennod hon ystyr “caeedig”,
 
 
“sylweddol gaeedig” ac “nad yw’n gaeedig nac yn sylweddol
 
 
gaeedig.”
 
 
3
In the English language text, after section 17 insert—
 

“Interpretation

10
17A
Interpretation of this Chapter
 
 
(1)
In this Chapter—
 
 
“ “adult care home” ” (“ “” cartref gofal i oedolion ”) means premises
 
 
at which a care home service within the meaning given by
 
 
paragraph 1 of Schedule 1 to the Regulation and Inspection
15
 
of Social Care (Wales) Act 2016 (anaw 2) is provided to
 
 
persons aged 18 or over;
 
 
“ “adult hospice” ” (“ “” hosbis i oedolion ”) means premises wholly
 
 
or mainly used for the provision of palliative care to persons
 
 
aged 18 or over, who are suffering from a progressive disease
20
 
in its final stages, by or behalf of an establishment the
 
 
primary function of which is the provision of such care;
 
 
“ “child” ” (“ “” plentyn ”) means a person aged under 18;
 
 
“ “childcare” ” (“ “” gofal plant ”) means (subject to subsection (2))
 
 
any form of care for a child, other than care provided for a
25
 
child by a parent, relative or foster parent of the child, and
 
 
includes—
 
 
(a)
education for a child, and
 
 
(b)
any other supervised activity for a child;
 
 
“ “hospital” ” (“ “” ysbyty ”) has the meaning given by section 206 of
30
 
the National Health Service (Wales) Act 2006 (c.42);
 
 
“ “parent” ” (“ “” rhiant ”) includes any person who has parental
 
 
responsibility (within the meaning of section 3 of the
 
 
Children Act 1989 (c.41)) for a child;
 
 
“ “playground equipment” ” (“ “” cyfarpar maes chwarae ”) includes
35
 
(for example) a swing, slide, sand-pit, or ramp, but does not
 
 
include powered equipment (such as equipment powered
 
 
by electric motor);
 
 
“ “premises” ” (“ “” mangre ”) includes—
 
 
(a)
any place;
40
 
(b)
a moveable structure other than a vehicle;
 
 
(c)
a stall;
 

Page 171

 
(d)
a tent;
 
 
(e)
an offshore installation within the meaning given in
 
 
the Mineral Workings (Offshore Installations) Act
 
 
1971 (c.61) (see section 12 of that Act);
 
 
“ “registered pupil” ” (“ “” disgybl cofrestredig ”) has the meaning given
5
 
by section 434(5) of the Education Act 1996 (c.56);
 
 
“ “relative” ” (“ “” perthynas ”), in relation to a child, means a
 
 
step-parent, grandparent, aunt, uncle, brother or sister
 
 
(including any person who is in that relationship by virtue
 
 
of a marriage or civil partnership or an enduring family
10
 
relationship);
 
 
“ “school” ” (“ “” ysgol ”) has the meaning given by section 4 of the
 
 
Education Act 1996 (c.56);
 
 
“smoking” and “ “smokes” ” (“ “” ysmygu ”) are to be read in
 
 
accordance with section 4;
15
 
“ “vehicle” ” (“ “” cerbyd ”) includes a train, tram, vessel, hovercraft
 
 
and aircraft;
 
 
“ “Wales” ” (“ “” Cymru ”) has the meaning given by section 158(1)
 
 
of the Government of Wales Act 2006 (c.32).
 
 
(2)
References in this Chapter to “childcare” do not include—
20
 
(a)
education (or any other supervised activity) provided by a
 
 
school during school hours for a registered pupil, or
 
 
(b)
any form of health care for a child.
 
 
(3)
For the purposes of subsection (1) a person is a foster parent in
 
 
relation to a child if the person—
25
 
(a)
is a local authority foster parent (within the meaning given
 
 
by section 197 of the Social Services and Well-being (Wales)
 
 
Act 2014 (anaw 4)), or
 
 
(b)
fosters the child privately.
 
 
(4)
References in this Chapter to a “dwelling” include land enjoyed
30
 
with premises where the premises themselves constitute a dwelling,
 
 
unless the land is agricultural land (within the meaning given by
 
 
section 246 of the Renting Homes (Wales) Act 2016 (anaw 1))
 
 
exceeding 0.809 hectares.
 
 
(5)
References in this Chapter, however expressed, to premises or
35
 
vehicles which are (or are not) smoke-free (or treated as smoke-free),
 
 
are to those premises or vehicles so far as they are (or are not)
 
 
smoke-free (or treated as smoke-free) under or by virtue of this
 
 
Chapter.
 
 
(6)
Premises may be smoke-free by virtue of more than one section in
40
 
this Chapter.
 

Page 172

 
(7)
Regulations may specify for the purpose of this Chapter what
 
 
“enclosed”, “substantially enclosed” and “not enclosed or
 
 
substantially enclosed” mean.”
 
 
4
Sections 18 to 29 (and the italic heading before section 18) become a new
 
 
Chapter 1C of Part 3—
5
 
(a)
with the heading “Gorfodi a chyffredinol” in the Welsh language
 
 
text, and
 
 
(b)
with the heading “Enforcement and general”, in the English language
 
 
text.
 
 
5
In the Welsh language text of section 18, in subsection (3), for
10
 
“darpariaethau’r Bennod hon a rheoliadau a wneir odani” substitute
 
 
“darpariaethau Penodau 1, 1A ac 1B a’r Bennod hon a rheoliadau a wneir
 
 
o dan unrhyw un o’r Penodau hynny”.
 
 
6
In the English language text of section 18, in subsection (3), for “this Chapter
 
 
and regulations made under it” substitute “Chapters 1, 1A and 1B and this
15
 
Chapter and regulations made under any of those Chapters”.
 
 
7
In the Welsh language text of section 19, in subsection (1)(a), for “adran 5,
 
 
6 neu 17” substitute “Bennod 1, 1A neu 1B”.
 
 
8
In the English language text of section 19, in subsection (1)(a), for “section
 
 
5, 6 or 17” substitute “Chapter 1, 1A or 1B”.
20
 
9
In the Welsh language text of section 20, in subsection (1)(a), for “neu 6”
 
 
substitute “, 6, 17C , 17D , 17H neu 17I ”.
 
 
10
In the English language text of section 20, in subsection (1)(a), for “or 6”
 
 
substitute “, 6, 17C , 17D , 17H or 17I ”.
 
 
11
In the Welsh language text of section 21, in suibsection (1)(a), for “adran
25
 
5, 6 neu 17” substitute “Bennod 1, 1A neu 1B”.
 
 
12
In the English language text of section 21, in subsection (1)(a), for “section
 
 
5, 6 or 17” substitute “Chapter 1, 1A or 1B”.
 
 
13
In the Welsh language text of section 23, in subsections (1) and (2), for
 
 
“adran 5, 6 neu 17” substitute “Bennod 1, 1A neu 1B”.
30
 
14
In the English language text of section 23, in subsections (1) and (2), for
 
 
“section 5, 6 or 17” substitute “Chapter 1, 1A or 1B”.
 
 
15
In the Welsh language text of section 25, in subsection (2), for “adran 5, 6
 
 
neu 17” substitute “Bennod 1, 1A neu 1B”.
 
 
16
In the English language text of section 25, in subsection (2), for “section 5,
35
 
6 or 17” substitute “Chapter 1, 1A or 1B”.
 
 
17
In the Welsh language text of section 26, in subsection (2)(a), for “adran 5,
 
 
6 neu 17” substitute “Bennod 1, 1A neu 1B”.
 
 
18
In the English language text of section 26, in subsection (2)(a), for “section
 
 
5, 6 or 17” substitute “Chapter 1, 1A or 1B”.
40
 
19
(1)
The Welsh language text of section 27 is amended as follows.
 

Page 173

 
(2)
In subsection (1), after paragraph (b) insert—
 
 
“(c)
trosedd o dan adran 17C (1) ;
 
 
(d)
trosedd o dan adran 17E (5) ;
 
 
(e)
trosedd o dan adran 17H (1) ;
 
 
(f)
trosedd o dan adran 17J (6) ,”.
5
 
(3)
In subsection (2), after “6(6)” insert “, 17D (3) neu 17I (3) ”.
 
 
20
(1)
The English language text of section 27 is amended as follows.
 
 
(2)
In subsection (1), after paragraph (b) insert—
 
 
“(c)
an offence under section 17C (1) ;
 
 
(d)
an offence under section 17E (5) ;
10
 
(e)
an offence under section 17H (1) ;
 
 
(f)
an offence under section 17J (6) ,”.
 
 
(3)
In subsection (2), after “6(6)” insert “, 17D (3) or 17I (3) ”.
 
 
21
In the Welsh language text, for section 28 substitute—
 
“28
Dehongli’r Bennod hon
15
 
(1)
Yn y Bennod hon—
 
 
mae “awdurdod gorfodi” (“ enforcement authority ”) i gael ei
 
 
ddehongli yn unol ag adran 18;
 
 
mae “cerbyd” (“ vehicle ”) yn cynnwys trên, tram, cwch neu long,
 
 
hofrenfad ac awyren;
20
 
mae i “Cymru” yr ystyr a roddir i “Wales” gan adran 158(1) o
 
 
Ddeddf Llywodraeth Cymru 2006 (p.32);
 
 
mae “mangre” (“ premises ”) yn cynnwys—
 
 
(a)
unrhyw fan;
 
 
(b)
strwythur symudol ac eithrio cerbyd;
25
 
(c)
stondin;
 
 
(d)
pabell;
 
 
(e)
gosodiad alltraeth o fewn yr ystyr a roddir i “offshore
 
 
installation” yn Neddf Gweithiau Mwynau
 
 
(Gosodiadau Alltraeth) 1971 (p.61) (gweler adran 12
30
 
o’r Ddeddf honno);
 
 
mae i “swyddog awdurdodedig” (“ authorised officer ”) yr ystyr
 
 
a roddir gan adran 18(5).
 
 
(2)
Mae cyfeiriadau yn y Bennod hon at “annedd” yn cynnwys tir a
 
 
fwynheir gyda mangre pan fo’r fangre ei hun yn annedd, oni bai
35
 
bod y tir yn dir amaethyddol (o fewn yr ystyr a roddir gan adran
 
 
246 o Ddeddf Rhentu Cartrefi (Cymru) 2016 (dccc 1)) sy’n fwy na
 
 
0.809 hectar.”
 

Page 174

 
22
In the English language text, for section 28 substitute—
 
“28
Interpretation of this Chapter
 
 
(1)
In this Chapter—
 
 
“ “authorised officer” ” (“ “” swyddog awdurdodedig ”) has the meaning
 
 
given by section 18(5);
5
 
“ “enforcement authority” ” (“ “” awdurdod gorfodi ”) is to be
 
 
interpreted in accordance with section 18;
 
 
“ “premises” ” (“ “” mangre ”) includes—
 
 
(a)
any place;
 
 
(b)
a moveable structure other than a vehicle;
10
 
(c)
a stall;
 
 
(d)
a tent;
 
 
(e)
an offshore installation within the meaning given in
 
 
the Mineral Workings (Offshore Installations) Act
 
 
1971 (c.61) (see section 12 of that Act);
15
 
“ “vehicle” ” (“ “” cerbyd ”) includes a train, tram, vessel, hovercraft
 
 
and aircraft;
 
 
“ “Wales” ” (“ “” Cymru ”) has the meaning given by section 158(1)
 
 
of the Government of Wales Act 2006 (c.32).
 
 
(2)
References in this Chapter to a “dwelling” include land enjoyed
20
 
with premises where the premises themselves constitute a dwelling,
 
 
unless the land is agricultural land (within the meaning given by
 
 
section 246 of the Renting Homes (Wales) Act 2016 (anaw 1))
 
 
exceeding 0.809 hectares.”
 
 
23
In the Welsh language text of section 123, in subsection (2)(a), for “, 28(7)”
25
 
substitute “ 17A (7) ”.
 
 
24
In the English language text of section 123, in subsection (2)(a), for “, 28(7)”
 
 
substitute “ 17A (7) “.
 
 
Schedule 20
Section 156
 

Amendments consequential on sections

30

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

 
 
1
The Smoking (Northern Ireland) Order 2006 is amended as follows.
 
 
2
In Article 2, in paragraph (3), at the appropriate places insert—
 
 
““heated tobacco device” means a device that heats tobacco to generate
 
 
a vapour or an aerosol for the purpose of inhalation through a
35
 
mouthpiece (whether or not it can also heat other matter to produce
 
 
a vapour or aerosol);”;
 

Page 175

 
“ “open to the public” : premises and places are open to the public if
 
 
the public or a section of the public has access to them, whether by
 
 
invitation or not, and whether on payment or not;”;
 
 
“ “performance” includes—
 
 
(a)
the performance of a play or a performance given in
5
 
connection with the making of a film or television
 
 
programme, and
 
 
(b)
a rehearsal;”;
 
 
“ “relevant vape” means a vape that is not a heated tobacco device;”;
 
 
“ “vape” has the meaning given by Article 7 of the Health and Personal
10
 
Social Services (Northern Ireland) Order 1978;”;
 
 
“ “vaporises” has the meaning given by Article 7 of the Health and
 
 
Personal Social Services (Northern Ireland) Order 1978;”
 
 
“ “workplace” has the meaning given by Article 3 (7) ;”.
 
 
3
(1)
Article 3 is amended as follows.
15
 
(2)
For paragraph (2) substitute—
 
 
“(2)
Premises are smoke-free if they are workplaces; they are smoke-free
 
 
all the time.”
 
 
(3)
In paragraph (3), for “used as a place of work mentioned in paragraph (2)”
 
 
substitute “a workplace”.
20
 
(4)
For paragraph (7) substitute—
 
 
“(7)
In this Order “workplace” means—
 
 
(a)
a place of work used by more than one person (even if the
 
 
persons who work there do so at different times, or only
 
 
intermittently), or
25
 
(b)
a place of work where members of the public might attend
 
 
for the purpose of seeking or receiving goods or services
 
 
from the person or persons working there (even if members
 
 
of the public are not always present).”
 
 
4
In Article 10, in paragraphs (1) and (1A), for “or 8(2)” substitute “, 8(2),
30
 
9B (5) , 9C (1) , 9F (6) or 9G (1) ”.
 

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

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

Page 176

 
Schedule 21
Section 159
 

Consequential amendments: general

 

Tobacco Advertising and Promotion Act 2002

 
 
1
The Tobacco Advertising and Promotion Act 2002 is repealed.
 

Communications Act 2003

5
 
2
In Schedule 17 to the Communications Act 2003 omit paragraph 173 and
 
 
the italic heading before it.
 

Regulatory Enforcement and Sanctions Act 2008

 
 
3
In Schedule 3 to the Regulatory Enforcement and Sanctions Act 2008 omit
 
 
the reference to the Tobacco Advertising and Promotion Act 2002.
10

Health Act 2009

 
 
4
The Health Act 2009 is amended as follows.
 
 
5
Omit sections 20 and 21.
 
 
6
(1)
Section 40 is amended as follows.
 
 
(2)
In subsection (2) omit paragraph (b).
15
 
(3)
Omit subsection (3).
 
 
(4)
In subsection (4) for “to (3)” substitute “or (2)”.
 
 
(5)
In subsection (5) omit paragraphs (a) and (b).
 
 
(6)
In subsection (6) omit paragraphs (b) and (c).
 
 
(7)
In subsection (7) omit paragraphs (b) and (c).
20
 
7
Omit Schedule 4.
 

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

 
 
8
The Tobacco and Primary Medical Services (Scotland) Act 2010 is amended
 
 
as follows.
 
 
9
In section 1, in subsection (7), for “section 6(2) of the Tobacco Advertising
25
 
and Promotion Act 2002 (c.36)” substitute “section 120 (3) of the Tobacco
 
 
and Vapes Act 2024”.
 
 
10
Omit section 2.
 
 
11
In section 3 omit subsection (5).
 

Page 177

Consumer Rights Act 2015

 
 
12
In Schedule 5 to the Consumer Rights Act 2015, in the entry relating to
 
 
the Tobacco and Vapes Act 2024 (inserted by section 32 of this Act), after
 
 
“section 32 ” insert “or 128 ”.
 

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

5
 
13
The Tobacco and Related Products Regulations 2016 are amended as follows.
 
 
14
In regulation 12, in paragraph (1), for “not otherwise made unlawful by
 
 
the provisions of the Tobacco Advertising and Promotion Act 2002”
 
 
substitute “not otherwise unlawful”.
 
 
15
Omit Part 7.
10
 
16
In regulation 48 omit paragraph (e).
 
 
17
(1)
Regulation 50 is amended as follows.
 
 
(2)
Omit paragraphs (2) to (4).
 
 
(3)
In paragraph (5) omit “or (2)”.
 
 
(4)
In paragraph (7) omit “or (2)”.
15
 
18
In regulation 53 omit paragraph (5).
 
 
19
Omit Schedule 1.
 

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

 
 
20
The Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 is amended
 
 
as follows.
20
 
21
Omit section 17.
 
 
22
Omit section 19.
 

Digital Markets, Competition and Consumers Act 2024

 
 
23
In Schedule 15 to the Digital Markets, Competition and Consumers Act
 
 
2024, in Part 1, in the Table omit the entry relating to the Tobacco
25
 
Advertising and Promotion Act 2002.
 

Media Act 2024

 
 
24
The Media Act 2024 is amended as follows.
 
 
25
In Schedule 2, omit paragraph 21 and the italic heading before it.
 
 
26
In Schedule 4 omit paragraph 28 and the italic heading before it.
30
Amendments

No amendments available.