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)
(361 amendments - 0 agreed)
Date Debate
Wednesday 26th November 2025 Committee stage
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)
(135 amendments - 36 agreed)
Date Debate
Wednesday 26th March 2025 Report stage
5 Nov 2024
Commons: Committee
Bill 121 2024-25 (as introduced)
(108 amendments - 4 agreed)
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-VII Seventh marshalled list for Grand Committee
Explanatory Note
HL Bill 89 Explanatory Notes
Impact Assessment
Impact assessment from the Department of Health & Social Care

Amendment Filters

Your selections will update the bill and amendment list to show only amendments matching your chosen criteria.

Amendment Type

Amendment Status

Display Options

Show Latest Version
Amendment Glossary

This glossary explains the colour coding used to indicate the type of amendment.

Type Description
Black center indicates Government or Bill Sponsor amendment
Front Bench Amendment from any Opposition Party indicated by party colour
Back Bench Amendment from any MP - Outline Colour indicates party
80 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,
 

Page 69

 
(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—
 

Page 90

 
(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
 

Page 91

 
(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.
 

Page 92

4L
Heated tobacco-free premises
 
 
(1)
In this Part “heated tobacco-free premises” means such premises as