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.


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Page 1

Part 1

 

Sale and distribution: England and Wales

 

Sale of tobacco etc

 
"Sale of tobacco etc"

Source Bill 121 EN 2024-25

57. Clause 1 introduces a new age of sale restriction for tobacco products, herbal smoking products and cigarette papers. This clause makes it an offence for retailers to sell, defined as sell by retail as outlined in clause 48 (Interpretation of Part 1), tobacco products, herbal smoking products or cigarette papers to anyone who is born on or after 1 January 2009. This replaces the current age of sale restriction set out in the Children and Young Persons Act 1933 (the 1933 Act), as amended by The Children and Young Persons (Sale of Tobacco etc) Order 2007 which made it an offence to sell tobacco, herbal smoking products or cigarette papers to someone who is under the age of 18 in England and Wales. Tobacco products, herbal smoking products and cigarette papers were in scope of the 1933 Act and are also in scope of the new age of sale restrictions in this Bill.

58. Clause 48 (Interpretation of Part 1) sets out the scope of the age of sale restrictions by setting out the definition of tobacco products: "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. The intention is to include any type of tobacco product that might be produced for consumer use, regardless of how that product is consumed. Products that are currently available on the UK market are all considered to be captured by this definition. The additional wording 'consumed in any other way' is intended to cover emerging products with novel forms of usage.

59. Cigarette papers include anything intended to be used to encase tobacco products or herbal smoking products to enable them to be smoked. These therefore include products such as cigarette tubes.

60. In the 1933 Act, herbal smoking products are understood to be a type of tobacco product as it is set out that the expression "tobacco" includes smoking mixtures intended as a substitute for tobacco (section 7(5)). This Bill provides an altered definition of tobacco products which does not include herbal smoking. Herbal smoking products are understood as a product consisting wholly or partly of vegetable matter and intended to be smoked but not containing tobacco. Herbal smoking products are captured by this Bill, but they are defined and listed separately in this legislation.

61. The intention is to capture any products that contain tobacco and are used as consumer products as well as other herbal products that are smoked, due to the harmful nature of smoking. Whilst herbal smoking products do not contain nicotine or tobacco, they do contain cancer causing chemicals, tar and carbon monoxide, similar to a tobacco cigarette. Cigarette papers have also been included in the new age of sale restrictions as they are burnt with the tobacco.

62. The age of sale restriction does not apply to sales in the course of a business so would not prevent someone born on or after 1 January 2009 from being employed in a tobacco retail business or wholesaler. See the definition in clause 48 (Interpretation of Part 1) of 'sell' as sell by retail.

63. The age of sale restriction does not make it an offence for someone born on or after 1 January 2009 to possess or use tobacco products, herbal smoking products or cigarette papers.

64. An individual who is convicted of an offence under this provision may receive a fine of up to £2,500 (level 4 on the standard scale).

65. The clause provides that it is a defence for someone who is charged with the age of sale offence to prove they were shown what appeared to be an identity document belonging to the purchaser and that the date of birth shown on that document was before 1 January 2009, or that they otherwise took all reasonable steps to avoid committing the offence. The clause defines "identity document" as a passport, a UK driving licence, a driving licence issued by any of the Channel Islands or the Isle of man, a European Union photocard driving licence, or an identity card issued by the Proof of Age Standard Scheme and bearing its hologram.

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 were shown what appeared to be an identity document
 
 
belonging to the purchaser and that the date of birth shown on that
 
 
document was before 1 January 2009, or
 
 
(b)
that they otherwise took all reasonable steps to avoid the commission
15
 
of the offence.
 
 
(3)
In subsection (2) “identity document” means—
 

Page 2

 
(a)
a passport,
 
 
(b)
a UK driving licence,
 
 
(c)
a driving licence issued by any of the Channel Islands or the Isle of
 
 
Man,
 
 
(d)
a European Union photocard driving licence, or
5
 
(e)
an identity card issued by the Proof of Age Standards Scheme and
 
 
bearing its hologram (a PASS card).
 
 
(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.
 
"Purchase of tobacco etc on behalf of others"

Source Bill 121 EN 2024-25

66. Clause 2 makes it an offence for any adult aged 18 or over to buy, or attempt to buy, tobacco products, cigarette papers or herbal smoking products on behalf of anyone who is born on or after 1 January 2009, commonly referred to as 'proxy purchasing'. This is to ensure alignment with the new age of sale restriction in clause 1 (Sale of tobacco etc.). This clause replaces the current offence under section 91 of the Children and Families Act 2014 for someone aged 18 or over to buy, or attempt to buy, tobacco products or cigarette papers on behalf of someone who is under 18 in England and Wales.

67. The clause avoids the criminalisation of children by specifying that the offence is committed by an individual aged 18 or over.

68. An individual who is convicted of an offence under this provision may receive a fine of up to £2,500 (level 4 on the standard scale).

69. It is a defence if a person charged with this offence can prove they had no reason to suspect that the other person was born on or after 1 January 2009 or they can prove that they had no reason to believe that the other person intended to use the cigarette papers for smoking.

2
Purchase of tobacco etc on behalf of others
10
 
(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;
 
 
(b)
a herbal smoking product;
 
 
(c)
cigarette papers.
15
 
(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.
 
 
(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
20
 
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.
 
"Tobacco vending machines"

Source Bill 121 EN 2024-25

70. Clause 3 sets out that it is an offence if a person manages or controls a premises where a tobacco vending machine ("an automatic machine from which tobacco products, herbal smoking products or cigarette papers may be bought") is available for use on the premises. This clause re-enacts and consolidates the existing provisions in the Children and Young Persons (Protection from Tobacco) Act 1991, which introduced a regulation making power to prohibit the sale of tobacco from an automatic machine in England and Wales. This has been updated to also include cigarette papers to align with the products in scope of the age of sale provision.

71. An individual who is convicted of an offence under this provision may receive a fine of up to £2,500 (level 4 on the standard scale).

3
Tobacco vending machines
 
 
(1)
A person commits an offence if the person has the management or control
25
 
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.
 
 
(3)
In this section “tobacco vending machine” means an automatic machine from
 
 
which any of the following may be bought—
30
 
(a)
tobacco products,
 
 
(b)
herbal smoking products, or
 
 
(c)
cigarette papers.
 
"Sale of unpackaged cigarettes"

Source Bill 121 EN 2024-25

72. Clause 4 sets out the prohibition against selling cigarettes when they are not in their original packaging. Tobacco retailers must sell cigarettes in the packaging that they are supplied to the retailer in (defined as original packaging) and not doing so is an offence. This re-enacts the offence under section 3 of the Children and Young Persons (Protection from Tobacco) Act 1991.

73. Anyone who is convicted of an offence under this provision may receive a fine up to £1,000 (level 3 on the standard scale).

4
Sale of unpackaged cigarettes
 
 
(1)
It is an offence for a tobacco retailer to sell cigarettes that are not in their
35
 
original packaging.
 
 
(2)
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.
 

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.
 
"Age of sale notice at point of sale: England"

Source Bill 121 EN 2024-25

74. The clause requires a tobacco retailer (a person who carries on a business involving the sale of tobacco by retail) to display an age of sale notice in a prominent position that says, ". It is illegal to sell tobacco products to anyone born on or after 1 January 2009". A premises means any place including a vehicle or moveable structure, for instance, this would include stalls at car boot sales.

75. The penalty for failure to display a notice is a fine of up to £1,000 (level 3 on the standard scale).

76. Clause 5(4) provides a regulation making power for the Secretary of State to stipulate requirements for the size or appearance of the statement to be displayed on the notice or any other aspect of the notice, such as the colour of the notice. Requirements for the notice will be set in regulations before 1 January 2027. This is a re-enactment with modifications of the regulation making power under section 4 of the Children and Young Persons (Protection from Tobacco) Act 1991 (the 1991 Act). Under section 4 of the 1991 Act it is a requirement for any retailer selling tobacco products to display a notice that says, ". It is illegal to sell tobacco products to anyone under the age of 18". The Protection from Tobacco (Display of Warning Statements) Regulations 1992 were made using the powers in section 4.

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.
 
"Age of sale notice at point of sale: Wales"

Source Bill 121 EN 2024-25

77. Clause 6 makes the same provision for retailers in Wales selling tobacco products as clause 5 (Age of sale notice at point of sale: England) does for England. The clause requires a tobacco retailer in Wales to display notices stating the new age of sale requirements. This clause applies to Wales only.

78. The clause requires a tobacco retailer in Wales to display an age of sale notice in a prominent position with the text in both English and Welsh. ". It is illegal to sell tobacco products to anyone born on or after 1 January 2009" and ". Mae'n anghyfreithlon gwerthu cynhyrchion tybaco i unrhyw un a anwyd ar neu ar ôl 1 Ionawr 2009". The new sign must be displayed from 1 January 2027.

79. The penalty for failure to display a notice is a fine of up to £1,000 (level 3 on the standard scale).

80. Clause 6(4) provides a regulation making power for the Welsh Ministers to stipulate requirements for the size or appearance of the statement to be displayed on the notice or any other aspect of the notice, one example could be the colour of the notice. Requirements for the notice will be set in regulations before 1 January 2027. This is a re-enactment with modifications of the regulation making power under Section 4 of the Children and Young Persons (Protection from Tobacco) Act 1991 (the 1991 Act). Under section 4 of the 1991 Act it is a requirement for any retailer in Wales selling tobacco products to display a notice that says, ". It is illegal to sell tobacco products to anyone under the age of 18". The Protection from Tobacco (Display of Warning Statements) Regulations 1992 were made using the powers in section 4.

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

 
"Ban on manufacture of snus etc"

Source Bill 121 EN 2024-25

81. Clause 7 makes it an offence to manufacture a tobacco product that is intended for oral use, is not intended to be inhaled or chewed and consists wholly or partly of tobacco in powder or particulate form.

82. This is a re-enactment of the prohibition on the production and supply of oral tobacco intended for consumption within the UK or through the travel retail sector in Regulation 17 of The Tobacco and Related Products Regulations 2016. The Bill extends these restrictions to include a ban on snus intended for export which simplifies enforcement and reduces the possibility of such harmful products being available within the UK.

83. An individual who is convicted of an offence under this provision may receive a fine or may be imprisoned for a term not exceeding 2 years, or both.

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.
 
"Ban of sales of snus etc"

Source Bill 121 EN 2024-25

84. Clause 8 makes it an offence to sell a tobacco product that is intended for oral use, is not intended to be inhaled or chewed and consists wholly or partly of tobacco in powder or particulate form.

85. This is a re-enactment of the prohibition on the production and supply of oral tobacco intended for consumption within the UK or through the travel retail sector in Regulation 17 of The Tobacco and Related Products Regulations 2016. The Bill extends these restrictions to include a ban on snus intended for export which simplifies enforcement and reduces the possibility of such harmful products being available within the UK.

86. It is a defence for a person charged with an offence under this provision to prove that they took all reasonable steps to avoid committing the offence.

87. An individual who is convicted of an offence under this provision may receive a fine or may be imprisoned for a term not exceeding 2 years, 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.
 
"Possession of snus etc with intent to supply"

Source Bill 121 EN 2024-25

88. Clause 9 makes it an offence for a person to have a tobacco product that is intended for oral use, is not intended to be inhaled or chewed and consists wholly or partly of tobacco in powder or particulate form in their possession with intent to supply it in a course of business.

89. It will not be an offence to possess relevant oral tobacco products for personal use or to give as a personal gift.

90. An individual who is convicted of an offence under this provision may receive a fine or may be imprisoned for a term not exceeding 2 years, 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

 
"Sale of vaping or nicotine products to under 18s"

Source Bill 121 EN 2024-25

94. Clause 10 makes it an offence to sell a vaping or nicotine product to someone under the age of 18. This replaces the existing age of sale restriction for nicotine inhaling products (nicotine vapes) as set out in The Nicotine Inhaling Products (Age of Sale and Proxy Purchasing) Regulations 2015 which made it an offence to sell a nicotine vape to children under the age of 18. Currently there are no age of sale restrictions for other consumer nicotine products.

95. A vaping product is defined in clause 48 (Interpretation of Part 1) as a vape or vaping substance. This is a change from the existing age of sale provision which currently only includes nicotine vapes. This has been changed to ensure a consistent approach across all types of vape, and to ensure that the bill gives us the powers to regulate e-liquids and refills along with the vape device itself. This change will come into force six months after the Bill is passed.

96. A nicotine product is defined in clause 49 (Meaning of "nicotine product") and is self-explanatory.

97. An individual who is convicted of an offence under this provision may receive a fine of up to £2,500 (level 4 on the standard scale).

98. Clause 10 provides that it is a defence for someone who is charged with the offence to prove they were shown what appeared to be an identity document belonging to the purchaser and it confirmed that the customer was 18 or over, or that they otherwise took all reasonable steps to avoid the commission of the offence. This clause defines "identity document" as a passport, a UK driving licence, a driving licence issued by any of the Channel Islands or the Isle of Man, a European Union photocard driving licence or an identity card issued by the Proof of Age Standard Scheme and bearing its hologram (a PASS card).

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 were shown what appeared to be an identity document
 
 
belonging to the purchaser and it confirmed the purchaser’s age as at
20
 
least 18 years old, or
 
 
(b)
that they otherwise took all reasonable steps to avoid the commission
 
 
of the offence.
 
 
(3)
In subsection (2) “identity document” means—
 
 
(a)
a passport,
25
 
(b)
a UK driving licence,
 
 
(c)
a driving licence issued by any of the Channel Islands or the Isle of
 
 
Man,
 
 
(d)
a European Union photocard driving licence, or
 
 
(e)
an identity card issued by the Proof of Age Standards Scheme and
30
 
bearing its hologram (a PASS card).
 
 
(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.
 
"Purchase of vaping or nicotine products on behalf of under 18s"

Source Bill 121 EN 2024-25

99. Clause 11 makes it an offence for a person aged 18 or over to buy, or attempt to buy, a vaping product or a nicotine product on behalf of someone who is under the age of 18, also known as proxy purchasing. This clause replaces section 91 of the Children and Families Act 2014 (the 2014 act), which made it an offence for someone over 18 to buy, or attempt to buy, a nicotine inhaling product (nicotine vape) on behalf of someone who is under the age of 18.

100. The 2014 Act currently only applies to nicotine vapes, and the new restriction will apply to all vapes. This clause also extends the restriction to include nicotine products as currently there are no restrictions on the proxy purchasing of nicotine products. This change will come into force six months after the Bill is passed.

101. Anyone convicted of an offence under this provision may receive a fine of up to £2,500 (level 4 on the standard scale). It is a defence for a person charged with an offence to prove that they had no reason to suspect that the other person was under the age of 18.

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
35
 
vaping product or nicotine product on behalf of a person who is under the
 
 
age of 18.
 

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
"Vaping and nicotine product vending machines"

Source Bill 121 EN 2024-25

102. Clause 12 makes it an offence for a person who manages or controls a premises to have a vape or nicotine product vending machine ("an automatic machine from which vaping/nicotine products may be bought") available for use on the premises. The offence will come into force six months after the Bill achieves Royal Assent, this is so that premises that currently contain a vape or nicotine product vending machine will have time to remove or stock the machine with alternative products.

103. This clause introduces a new offence as there are currently no restrictions on the use of vape vending machines or nicotine product vending machines, unlike tobacco vending machines, which were banned by regulations made under the Children and Young Persons (Protection from Tobacco) Act 1991.

104. A person convicted of the offence may receive a fine of up to £2,500 (level 4 on the standard scale).

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 an automatic machine from
 
 
which nicotine products may be bought;
 
 
“vape vending machine” means an automatic machine from which vaping
15
 
products may be bought.
 

Displays of products or prices

 
"Displays of products or prices in England"

Source Bill 121 EN 2024-25

105. Clause 13 provides the Secretary of State with powers to regulate the display of tobacco products, herbal smoking products, cigarette papers, vaping products and nicotine products and their prices, as well as the display of empty retail packaging or anything that represents the products, in retailers in England.

106. Under the Tobacco Advertising and Promotion Act 2002 and regulations made under that Act there are already restrictions on the display in the course of business of tobacco products and prices. However, there are no restrictions under current legislation on where vaping products and nicotine products, as well as their prices, can be displayed in retail premises. This Bill provides for new regulations for the display of tobacco products to be developed. These will replace the existing regulations and the scope of these regulations may extend to other products.

107. Subsection (6) confirms that before making regulations under this clause the Secretary of State must consult.

108. Clause 13 also facilitates the creation of offences for the failure to comply with the regulations and anyone convicted of an offence under this clause could be subject to imprisonment for a term not exceeding 2 years, a fine, or both.

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—
20
 
(a)
the display, in the course of business, of relevant products in a place
 
 
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;
25
 
(c)
the display, in the course of business, of prices of relevant products
 
 
in a place in England where the products are offered for sale.
 
 
(2)
In subsection (1) “relevant products” means—
 
 
(a)
tobacco products,
 
 
(b)
herbal smoking products,
30
 
(c)
cigarette papers,
 
 
(d)
vaping products, or
 
 
(e)
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.
35
 
(4)
Regulations under this section may create offences in relation to a failure to
 
 
comply with the regulations.
 

Page 7

 
(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
5
 
2 years, or a fine, or both.
 
 
(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.
10
"Displays of products or prices in Wales"

Source Bill 121 EN 2024-25

109. Clause 14 provides the Welsh Ministers with powers to regulate the display of tobacco products, herbal smoking products, cigarette papers, vaping products and nicotine products and their prices, as well as the display of empty retail packaging, in retailers in Wales. Similarly, to England, there are already restrictions on displays in the course of business of tobacco products in Wales under the Tobacco Advertising and Promotion Act 2002 and regulations made under it. The existing regulations will be replaced at the same time as the Tobacco Advertising and Promotion Act 2002 is repealed.

110. Subsection (6) of this clause confirms that before making regulations under this clause Welsh Ministers must consult.

111. The power under clause 14 sets out that the regulations may provide for the creation of offences for the failure to comply with the regulations and anyone convicted of an offence could be subject to imprisonment for a term not exceeding 2 years, a fine, or both.

14
Displays of products or prices in Wales
 
 
(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;
15
 
(b)
the display, in the course of business, of empty retail packaging of
 
 
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.
20
 
(2)
In subsection (1) “relevant products” means—
 
 
(a)
tobacco products,
 
 
(b)
herbal smoking products,
 
 
(c)
cigarette papers,
 
 
(d)
vaping products, or
25
 
(e)
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.
30
 
(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
35
 
2 years, or a fine, or both.
 
 
(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.
40

Page 8

Free distribution and discounts

 
"Free distribution and discount of products"

Source Bill 121 EN 2024-25

112. Clause 15 makes it an offence to give away, any product or a coupon (defined as anything (whether in physical or electronic form), which can be redeemed for a product or service or for cash or any other benefit) to a member of the public where the purpose or effect is to promote a relevant product.

113. It is currently prohibited under section 9 of the Tobacco Advertising and Promotion Act 2002 (TAPA) to give away (in the course of a business) any product or coupon where the purpose or effect of which is to promote a tobacco product. This clause replaces section 9 of TAPA and extends the scope as there are currently no restrictions on businesses freely distributing nicotine and non-nicotine vaping products, cigarette papers, and herbal smoking products.

114. This clause also makes it an offence to sell a relevant product or coupon at a substantial discount. There is a regulation making power in TAPA to extend the ban on free distribution of tobacco products to cover selling a product at a substantial discount. This has been re-enacted as a ban on the face of the Bill rather than a regulation making powers there is no intention to permit selling a product or coupon at a substantial discount to circumvent the restriction on free distribution.

115. This clause provides that there is a defence available where a person is charged with giving away a vaping product or nicotine product or coupon for such if they can prove it was done in accordance with arrangements made by a public authority. If this defence is satisfied, then they are not guilty of the offence. An example of this could be where a government body funds a smoking cessation programme that utilises vapes as a cessation tool and provides them for free.

116. Anyone convicted of an offence under this clause may be subject to imprisonment, a fine, or both.

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
5
 
sells a product or coupon at a substantial 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
 
 
(ii)
the effect of their doing so is to promote a relevant product
10
 
and they know, or have reason to suspect, that will be the
 
 
effect.
 
 
(2)
In subsection (1) “relevant product” means—
 
 
(a)
a tobacco product,
 
 
(b)
a herbal smoking product,
15
 
(c)
cigarette papers,
 
 
(d)
a vaping product, or
 
 
(e)
a nicotine product.
 
 
(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
20
 
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 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;
25
 
(b)
on conviction on indictment, to imprisonment for a term not exceeding
 
 
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.
30

Retail licensing: England

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

Source Bill 121 EN 2024-25

117. Clause 16 provides the Secretary of State with the power to make regulations regarding the granting of personal and premises licences.

118. This clause prohibits the sale, exposure for sale, or possession for the purpose of sale (by the individual or another person) of tobacco products, herbal smoking products, cigarette papers, vaping or nicotine products by an individual in England, except under the authority of and in accordance with a personal licence. The Secretary of State may, by regulations, create exceptions to this prohibition. This provision will come into force when regulations for the licensing scheme are laid.

119. This clause also prohibits a person from using or permitting the use of premises in England, to store for the purpose of their sale (by the person or another person), expose for sale, or supply tobacco products, herbal smoking products, cigarette papers, vaping, or nicotine products to retail customers except under the authority of and in accordance with a premises licence. The Secretary of State may, by regulations, create exceptions to this prohibition. This provision will come into force when regulations for the licensing scheme are laid.

120. Before exercising the power to make regulations under this clause, the Secretary of State must consult. Further detail on what the licensing scheme regulations in England may include are set out in schedule 1. Any regulations made under clause 16 are subject to the affirmative resolution procedure.

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—
35
 
(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).
 

Page 9

 
(2)
A person must not use or permit the use of premises in England 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
 
 
person or another person);
5
 
(b)
the exposure of relevant products for sale;
 
 
(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
10
 
connection with the grant of personal licences and premises licences.
 
 
(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) .
15
 
(7)
Regulations under this section are subject to the affirmative resolution
 
 
procedure.
 
 
(8)
In this section —
 
 
“grant” includes variation or renewal;
 
 
“licensing authority” has the meaning given by paragraph 2 of Schedule
20
 
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 authority
25
 
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;
30
 
(c)
cigarette papers;
 
 
(d)
vaping products;
 
 
(e)
nicotine products;
 
 
“supply” includes despatch.
 
"Offences in connection with licences: England"

Source Bill 121 EN 2024-25

130. Clause 17 sets out that anyone who breaches the prohibitions set out in clause 16(1) and 16(2) commits an offence.

131. This clause also makes it an offence if a person provides false or misleading information to a licensing authority in, or in connection with, an application for the grant of a personal or premises licence; or in carrying out of any other obligation imposed by or under licensing regulations. It is only an offence if the information is false or misleading in a material respect, and the person knows, or ought to reasonably know this about the information.

132. A person convicted of an offence under clause 17(1) or 17(2) may receive a fine where there is no maximum amount. As an alternative to a criminal prosecution, local weights and measures authorities may issue a fixed penalty notice for these offences under the provisions in clause 37 (Fixed penalty notices).

133. Upon conviction of the offence under clause 17(1) (prohibition of retail sales of tobacco products etc in England without a licence as set out in clause 16(1) and (2)) a court may make an order as to what happens to the relevant products to which the offence(s) relate. This may include forfeiture and destruction of the relevant products.

17
Offences in connection with licences: England
35
 
(1)
A person who breaches the prohibition in section 16 (1) or (2) commits an
 
 
offence.
 
 
(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
40
 
personal licence or a premises licence, or
 

Page 10

 
(ii)
in pursuance of any other obligation imposed by or under
 
 
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.
5
 
(3)
A person who commits an offence under this section is liable on summary
 
 
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
10
 
manner as the court may order.
 
 
(5)
In this section —
 
 
“grant” includes variation or renewal;
 
 
“licensing authority” has the meaning given by paragraph 2 of Schedule
 
 
1 ;
15
 
“personal licence” has the meaning given by section 16 (8) ;
 
 
“premises licence” has the meaning given by section 16 (8) ;
 
 
“relevant product” has the meaning given by section 16 (8) .
 
"Financial penalties for breach of licence conditions: England"

Source Bill 121 EN 2024-25

134. Clause 18 introduces financial penalties which may be imposed for the breach of conditions attached to a personal or premises licence in England, provided the breach is not a criminal offence under clause 17 (Offences in connection with licences: England). These financial penalties are civil penalties and can be issued by a local weights and measures authority.

135. This clause sets the maximum amount of the financial penalty at £2,500 and provides the Secretary of State with the power to change this maximum amount to account for inflation and so that the financial penalty amount remains proportionate. Any regulations made under clause 18 are subject to the negative resolution procedure as the scope of the power is narrow.

136. Further details on financial penalties for breach of licence conditions are set out in Schedule 2.

18
Financial penalties for breach of licence conditions: England
 
 
(1)
A local weights and measures authority in England may impose a financial
20
 
penalty on a person if satisfied that—
 
 
(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 .
25
 
(2)
The amount of the financial penalty must not exceed £2,500.
 
 
(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 .
30
 
(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

 
"Prohibition of retail sales of tobacco products etc in Wales without a licence"

Source Bill 121 EN 2024-25

143. Clause 19 provides Welsh Ministers with the power to make regulations regarding the granting of personal and premises licences.

144. This clause prohibits the sale, exposure for sale, or possession for the purpose of sale (by the individual or another person) of tobacco products, herbal smoking products, cigarette papers, vaping or nicotine products by an individual in Wales, except under the authority of and in accordance with a personal licence. Welsh Ministers may, by regulations, create exceptions to this prohibition. This provision will come into force when regulations for the licensing scheme are laid.

145. This clause also prohibits a person from using or permitting the use of premises in Wales, to store for the purpose of their sale (by the person or another person), expose for sale, or supply tobacco products, herbal smoking products, cigarette papers, vaping or nicotine products to retail customers except under the authority of and in accordance with a premises licence. Welsh Ministers may, by regulations, create exceptions to this prohibition. This provision will come into force when regulations for the licensing scheme are laid.

146. The licensing authority responsible for granting of personal and premises licences in Wales will be the relevant county or county borough council.

147. Before exercising the power to make regulations under this clause, Welsh Ministers must consult. Further detail on what the licensing scheme regulations in Wales may include are set out in Schedule 3. Any regulations made under clause 19 are subject to the affirmative resolution procedure.

19
Prohibition of retail sales of tobacco products etc in Wales without a licence
35
 
(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;
 

Page 11

 
(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 Wales for any of the
 
 
following things except under the authority of and in accordance with a
5
 
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;
 
 
(c)
the supply of relevant products to retail customers.
10
 
(3)
The Welsh Ministers may by regulations create exceptions to the prohibition
 
 
in subsection (1) or (2) .
 
 
(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
15
 
any persons that the Welsh Ministers consider it appropriate to consult.
 
 
(6)
Schedule 3 makes further provision about regulations under subsection (4) .
 
 
(7)
Regulations under this section are subject to the affirmative resolution
 
 
procedure.
 
 
(8)
In this section—
20
 
“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” means a licence that is granted by a licensing authority
25
 
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
 
 
mentioned in subsection (2) (a) , (b) and (c) ;
30
 
“relevant products” means—
 
 
(a)
tobacco products;
 
 
(b)
herbal smoking products;
 
 
(c)
cigarette papers;
 
 
(d)
vaping products;
35
 
(e)
nicotine products;
 
 
“supply” includes despatch.
 
"Offences in connection with licences: Wales"

Source Bill 121 EN 2024-25

156. Clause 20 sets out that anyone who breaches the prohibitions set out in clause 19(1) and 19(2) commits and offence.

157. This clause also makes it an offence if a person provides false or misleading information to a licensing authority in, or in connection with, an application for the grant of a personal or premises licence; or in carrying out of any other obligation imposed by or under licensing regulations. It is only an offence if the information is false or misleading in a material respect, and the person knows, or ought to reasonably know this about the information.

158. A person convicted of an offence under clause 20(1) or 20(2) may receive a fine where there is no maximum amount. As an alternative to a criminal prosecution, Local Authority Trading Standards in Wales may issue a fixed penalty notice for these offences under the provisions in clause 37 (Fixed penalty notices).

159. Upon conviction of the offence under clause 20(1) (prohibition of retail sales of tobacco products etc in Wales without a licence as set out in clause 19(1) and (2)) a court may make an order as to what happens to the relevant products to which the offence(s) relate. This may include forfeiture and destruction of the relevant products.

20
Offences in connection with licences: Wales
 
 
(1)
A person who breaches the prohibition in section 19 (1) or (2) commits an
 
 
offence.
40

Page 12

 
(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
5
 
regulations made under section 19 (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
10
 
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.
15
 
(5)
In this section —
 
 
“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;
20
 
“personal licence” has the meaning given by section 19 (8) ;
 
 
“premises licence” has the meaning given by section 19 (8) ;
 
 
“relevant product” has the meaning given by section 19 (8) .
 
"Financial penalties for breach of licence conditions: Wales"

Source Bill 121 EN 2024-25

160. Clause 21 introduces financial penalties which may be imposed for the breach of conditions attached to a personal or premises licence in Wales, provided the breach is not a criminal offence under clause 19 (Offences in connection with licences: Wales). These financial penalties are civil penalties and can be issued by a local weights and measures authority.

161. This clause sets the maximum amount of the financial penalty at £2,500 and provides Welsh Ministers with the power to change this maximum amount to account for inflation and so that the financial penalty amount remains proportionate. Any regulations made under clause 21 are subject to the negative resolution procedure as the scope of the power is narrow.

162. Further details on financial penalties for breach of licence conditions in Wales are set out in Schedule 4.

21
Financial penalties for breach of licence conditions: Wales
 
 
(1)
A local weights and measures authority in Wales may impose a financial
25
 
penalty on a person if satisfied that—
 
 
(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 .
30
 
(2)
The amount of the financial penalty must not exceed £2,500.
 
 
(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.
35
 
(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 19 (8) .
 

Page 13

"Repeal of register of retailers of tobacco and nicotine products in Wales etc"

Source Bill 121 EN 2024-25

169. Clause 22 amends the Public Health (Wales) Act 2017 and is self-explanatory. The effect is to repeal existing provisions for a retailer register in Wales once licensing scheme provisions in this Bill come into force by order of the Welsh Ministers.

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).
 

Restricted premises orders

 
"Restricted premises orders"

Source Bill 121 EN 2024-25

170. Clause 23 provides that a ". persistent offender" who commits a relevant offence in relation to the premises on at least two other occasions within a two-year period can be punished by being prevented from selling one or more of the products altogether.

171. Relevant offences include those under clauses 1 (Sale of tobacco etc), 3 (Tobacco vending machines), 10 (Sale of vaping or nicotine products to under 18s) and 12 (Vaping and nicotine product vending machines) of this Bill, as well as the existing offences shown at subsection 8(b) of this clause up until the point they are repealed. This clause replaces, and is based on, section 12A of the Children and Young Persons Act 1933 where restricted premises orders were introduced for persistent breaches of the age of sale restrictions for tobacco and nicotine products.

172. A restricted premises order means that the retail business at the location where the offences took place is prohibited from selling one or more of the relevant products (tobacco products, herbal smoking products, cigarette papers, vaping products and nicotine products). The length of the order is determined by the court and may last up to a period of 12 months. This means that no sales of any of these products may take place from that business premises, but it does not affect other businesses within the same group or chain.

173. A restricted premises order is a local land charge, which means it would bind a buyer of the premises.

23
Restricted premises orders
5
 
(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
 
 
of the premises in relation to which the offence was committed (“the relevant
 
 
premises”).
10
 
(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).
 
 
(3)
A “restricted premises order” is an order prohibiting the sale on the relevant
 
 
premises of any one or more of the following—
15
 
(a)
tobacco products;
 
 
(b)
herbal smoking products;
 
 
(c)
cigarette papers;
 
 
(d)
vaping products;
 
 
(e)
nicotine products.
20
 
(4)
The prohibition imposed by a restricted premises order applies to sales
 
 
whether made—
 
 
(a)
by the offender or any other person, or
 
 
(b)
by means of any machine kept on the premises or any other means.
 
 
(5)
A restricted premises order has effect for the period specified in the order,
25
 
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
30
 
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.
 
 
(8)
In this section “relevant offence” means—
 
 
(a)
an offence under any of the following provisions of this Part—
35
 
(i)
section 1 (sale of tobacco etc to people born on or after 1
 
 
January 2009);
 
 
(ii)
section 3 (tobacco vending machines);
 
 
(iii)
section 10 (sale of vaping or nicotine products to under 18s);
 

Page 14

 
(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
 
 
tobacco, etc., to under 18s);
5
 
(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).
 
"Restricted premises orders: interested persons"

Source Bill 121 EN 2024-25

174. Clause 24 sets out the criteria for which individuals ('interested persons' who occupy or have an interest in the premises, for instance the manager or owner) may make representations to the court to try to prevent a restricted premises order being issued against a retailer.

175. This clause is based on the approach outlined in section 12A of the Children and Young Persons Act 1933 for restricted premises orders for breaches of the tobacco legislation.

176. This clause provides when an enforcement authority has applied for a restricted premises order, they must make reasonable enquires and give notice to anyone appearing to them to be an interested person.

177. An interested person can make their case as to why they should not be issued with a restricted premises order, and they may apply to the court to alter or discharge the order.

24
Restricted premises orders: interested persons
10
 
(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
 
 
order should not be made.
15
 
(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.
 
 
(4)
On an application under subsection (3) the court may, after hearing the
20
 
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
 
 
premises order, means—
25
 
(a)
the occupier of the premises, and
 
 
(b)
any other person who has an interest in the premises.
 
"Restricted premises orders: appeals"

Source Bill 121 EN 2024-25

178. Clause 25 provides the right to appeal to the Crown Court against an order made by a magistrates' court under clauses 23 (Restricted premises order) or 24 (Restricted premises orders: interested persons).

25
Restricted premises orders: appeals
 
 
An appeal against an order made under section 23 or 24 may be brought to
 
 
the Crown Court.
30
"Breach of restricted premises orders"

Source Bill 121 EN 2024-25

179. Clause 26 makes it an offence to breach a restricted premises order as defined in clause 23 (Restricted premises order). This clause is based on section 12C of the Children and Young Persons Act 1933 which introduced fines for a breach of a restricted premises order. A breach of a restricted premises order includes the sale of any product that is prohibited, and applies if someone knowingly, or should reasonably know, that the sale is prohibited. Someone who is charged with the offence may have a defence if they can prove they took all reasonable steps to avoid committing the offence. Anyone convicted of an offence under this provision may receive a fine where there is no maximum amount.

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
 
 
(b)
knows, or ought reasonably to know, that the sale is in breach of the
 
 
order.
35
 
(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.
 

Page 15

 
(3)
A person who commits an offence under this section is liable on summary
 
 
conviction to a fine.
 
"Power to extend restricted premises orders in Wales"

Source Bill 121 EN 2024-25

180. Clause 27 provides the Welsh Ministers with the power to add to the list of ". relevant offences" (relating to the restrictions around relevant products) for which a restricted premises order can be issued, replacing an existing power for the Welsh Ministers power in section 51 of the Public Health (Wales) Act 2017 to specify a ". tobacco or nicotine offence".

181. Before making regulations under this clause the Welsh Ministers must consider who is likely to have an interest in the regulations and Ministers should consult those who they deem are necessary.

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
5
 
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
10
 
any persons that they consider it appropriate to consult.
 
 
(4)
Regulations under this section are subject to the affirmative resolution
 
 
procedure.
 

Restricted sale orders

 
"Restricted sale orders"

Source Bill 121 EN 2024-25

182. Clause 28 provides that a persistent offender (who has committed a relevant offence on at least two other occasions within two years) can be prohibited from selling certain products (e.g. tobacco, herbal smoking, vaping or nicotine products as well as cigarette papers). Restricted sales orders can be imposed for persistent breaches of clauses 1 (Sale of tobacco), 3 (Tobacco vending machines), 10 (Sale of vaping products to under 18s) and 12 (Vaping and nicotine product vending machines) of this Bill, as well as the existing offences shown at subsection 5(b) of this clause up until the point they are repealed. This clause replaces and is based on section 12B of the Children and Young Persons Act 1933 where restricted sale orders were introduced for repeated breaches of the age of sale legislation for tobacco and nicotine products.

183. If a person convicted with a relevant offence is a persistent offender, the person who brought the proceedings for the offence can apply to the magistrates' court for a restricted sale order.

184. A restricted sale order prohibits a named person within a business from selling any tobacco products, herbal smoking products, cigarette papers, vaping products, or any relevant nicotine product or from having any management role in a premises relating to sales of those products including the keeping of any machine for relevant products. The order will apply to the named individual regardless of where they are employed. The length of the order is determined by the court and may last for a period of up to 12 months.

28
Restricted sale orders
15
 
(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—
20
 
(i)
tobacco products,
 
 
(ii)
herbal smoking products,
 
 
(iii)
cigarette papers,
 
 
(iv)
vaping products,
 
 
(v)
nicotine products,
25
 
(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) ,
 
 
(c)
from keeping any machine on any premises for the purpose of selling
 
 
anything listed in paragraph (a) (i) to (v) or permitting any machine
30
 
to be kept on any premises by any other person for that purpose, and
 
 
(d)
from having any management functions in respect of any premises in
 
 
so far as those functions relate to any machine kept on the premises
 
 
for the purpose of selling anything listed in paragraph (a) (i) to (v) .
 
 
(3)
A restricted sale order has effect for the period specified in the order, which
35
 
may not exceed one year.
 
 
(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).
 
"Restricted sale orders: appeals"

Source Bill 121 EN 2024-25

185. Clause 29 provides the right to appeal to the Crown Court against an order made by a magistrates' court under clause 28 (Restricted sale orders).

29
Restricted sale orders: appeals
 
 
An appeal against an order made under section 28 may be brought to the
 
 
Crown Court.
20
"Breach of restricted sale orders"

Source Bill 121 EN 2024-25

186. Clause 30 makes it an offence to fail to comply with a restricted sale order. It is a defence for someone who is charged with the offence to prove they took all reasonable steps to avoid committing the offence and anyone convicted of an offence under this provision may receive a fine where there is no maximum amount.

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

 
"Liability of others for certain offences committed by bodies"

Source Bill 121 EN 2024-25

187. Clause 31 makes a ". relevant person" (a director or manager of a company or someone with partner status in a partnership or a person exercising function of management in an unincorporated association) liable for an offence committed by a body where the offence has been committed with their consent, connivance, or neglect. In such cases the relevant person would be liable in addition to the body (such as the company or partnership) they are working for to have proceedings brough against them. This applies to offences under clause 26 (Breach of restricted premises order) or any other offence under Part 1 of the Bill or any regulations made under clauses 13 (Displays of products or prices in England) and 14 (Displays of products of prices in Wales).

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
"Enforcement by local weights and measures authorities"

Source Bill 121 EN 2024-25

188. Clause 32 places a duty on local authorities to enforce the provisions in Part 1 of the Bill and any regulations made under clauses 13 (Displays of products or prices in England) and 14 (Displays of products of prices in Wales). It provides that the investigatory powers available to an enforcement authority are those in Schedule 5 (Investigatory powers) of the Consumer Rights Act 2015 (the 2015 Act). Investigatory powers provided by Schedule 5 of the 2015 Act include the powers to purchase products, observe the activities of a business, enter premises with or without warrant, inspect products, test any weighing or measuring equipment, require the production of documents, seize and detain goods, seize documents required as evidence, break open a container and to require assistance from persons on the premises.

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
 
 
paragraph 10 (enforcer’s legislation), at the appropriate place (according to
30
 
date of enactment) insert—
 
 
“section 32 of the Tobacco and Vapes Act 2024.”
 
"Programme of enforcement action: England"

Source Bill 121 EN 2024-25

189. Clause 33 sets out a requirement for enforcement authorities in England to consider a so-called 'programme of enforcement' and the potential design of the programme on a yearly basis. This is a means of ensuring that a local authority in England considers whether they are enforcing offences effectively. The programme of enforcement itself is as described in the clause and is self-explanatory.

33
Programme of enforcement action: England
 
 
(1)
Each local weights and measures authority in England must, at least once a
 
 
year, consider—
35
 
(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—
40

Page 18

 
(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;
 
 
(c)
the taking of other measures intended to reduce the incidence of such
 
 
offences.
5
"Programme of enforcement action: Wales"

Source Bill 121 EN 2024-25

190. Clause 34 sets out a requirement for enforcement authorities in Wales to consider a so--called 'programme of enforcement' and the potential design of the programme on a yearly basis. This is a means of ensuring that local authorities in Wales consider whether they are enforcing offences effectively. The programme of enforcement itself is as described in the clause and is self-explanatory.

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

Powers of ministers to take over enforcement

 
"Power of ministers to take over enforcement functions"

Source Bill 121 EN 2024-25

191. Clause 35 provides a power for the Secretary of State or the Welsh Ministers to carry out the enforcement as prescribed in clause 32 (Enforcement by local weights and measures authorities) instead of the local enforcement authority. The effect of this is that a national enforcement authority will undertake the investigation and enforcement, rather than the local enforcement authority. This could arise if a local enforcement authority is unable or unwilling to undertake enforcement of a certain case.

35
Power of ministers to take over enforcement functions
 
 
(1)
The Secretary of State may direct that, in relation to cases of a particular
30
 
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.
 
 
(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
35
 
weights and measures authority in Wales is to be discharged by the Welsh
 
 
Ministers and not by the authority.
 

Page 19

"Power of ministers to take over proceedings"

Source Bill 121 EN 2024-25

192. Clause 36 provides a power for the Secretary of State to take over the legal proceedings relating to offences committed under Part 1 of the Bill or regulations made under clause 13 (Displays of products or prices in England). It also provides a power for the Welsh Ministers to take over the legal proceedings relating to any offence that has been committed under Part 1 of the Bill or regulations made under clause 14 (Displays of products or prices in Wales). This will allow a national authority to undertake the legal proceedings in court instead of a local enforcement authority. This could arise if a local enforcement authority is unable or unwilling to undertake the legal proceedings of a certain case.

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

 
"Fixed penalty notices"

Source Bill 121 EN 2024-25

193. Clause 37 introduces fixed penalty notices (FPNs) for the enforcement of the age of sale restrictions for tobacco products, herbal smoking products and cigarette papers (clause 1) and vaping and nicotine products (clause 10), proxy purchasing of tobacco etc. (clause 2) and vaping or nicotine products (clause 11), tobacco age of sale notice at point of sale regulations in England (clause 5) and Wales (clause 6), regulations relating to the display of products or prices in England (clause 13) and Wales (clause 14), the free distribution and discount of tobacco, vaping and nicotine products (clause 15), and any offences in connection with licensing in England (clause 17) and Wales (clause 20). Section 91 of the Children and Families Act 2014 introduced FPNs for the proxy purchasing of tobacco and vaping products; and this will be replaced by the FPN regime in the Bill.

194. An FPN offers the person the opportunity to avoid prosecution for the offence if they make a payment of the fine within a specified period. The amount of the fine will be level 4 on the standard scale (currently set at £2,500) for offences in connection with licensing in England (clause 17) and Wales (clause 20). For all other offences the fine will be £200. The amount specified is that if paid within 28 days and will be reduced by 50% if paid within 14 days.

195. No legal proceedings can be initiated before the end of the 2

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: England);
 
 
section 14 (displays of products or prices: 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)
a device of a specified description which enables a tobacco product
5
 
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 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
10
 
the consent of the Welsh Ministers if the regulations contain provision which
 
 
would be within the legislative competence of Senedd Cymru if contained in
 
 
an Act of the Senedd.
 
 
(4)
Regulations under this section are subject to the affirmative resolution
 
 
procedure.
15
46
Power to amend lists of identity documents
 
 
(1)
The appropriate national authority may by regulations amend sections 1 and
 
 
10 for the purpose of changing the meaning of “identity document” in
 
 
subsection (3) of each of those sections.
 
 
(2)
In this section “appropriate national authority”—
20
 
(a)
in relation to England, means the Secretary of State, and
 
 
(b)
in relation to Wales, means the Welsh Ministers.
 
 
(3)
Regulations under this section are subject to the affirmative resolution
 
 
procedure.
 

Crown application

25
47
Crown application
 
 
(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
30
 
Crown would be criminally liable if it were not for subsection (2) .
 
 
(4)
Subsection (2) does not affect the criminal liability of persons in the service
 
 
of the Crown.
 

Page 24

Interpretation etc

 
48
Interpretation of Part 1
 
 
In this Part —
 
 
“cigarette papers” includes anything intended to be used for encasing
 
 
tobacco products or herbal smoking products for the purpose of
5
 
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
 
 
tobacco;
 
 
“medical device” has the meaning given by the Medical Devices
10
 
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 49 ;
 
 
“premises” means any place (including a vehicle or moveable structure);
15
 
“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
 
 
and intended to be smoked, sniffed, sucked, chewed or consumed in
20
 
any other way;
 
 
“tobacco retailer” means a person who carries on a business involving
 
 
the sale of tobacco products by retail;
 
 
“UK driving licence” means—
 
 
(a)
a licence to drive a motor vehicle granted under Part 3 of the
25
 
Road Traffic Act 1988, or
 
 
(b)
a licence to drive a motor vehicle granted under Part 2 of the
 
 
Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I.
 
 
1));
 
 
“vape” means—
30
 
(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
35
 
(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
40
 
(b)
a vaping substance;
 
 
“vaping substance” means a substance, other than tobacco, that is
 
 
intended to be vaporised by a vape;
 

Page 25

 
“vaporises” includes aerosolises (and “vaporised” is to be construed
 
 
accordingly);
 
 
“vehicle” means every type of vehicle, including a vessel, aircraft and
 
 
hovercraft.
 
49
Meaning of “nicotine product”
5
 
(1)
In this Part “nicotine product” means—
 
 
(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 paragraph
 
 
(a) ,
10
 
(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) .
 
 
(2)
But the following are not “nicotine products” for the purposes of this section—
 
 
(a)
a tobacco product;
15
 
(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;
20
 
(f)
a medical device;
 
 
(g)
a medicinal product.
 

Part 2

 

Sale and distribution: Scotland

 

Sale of tobacco etc

25
50
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
30
 
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—
35
 
“(6)
In this section “sell” means sell by retail.”;
 
 
(d)
in the heading, for “under 18” substitute “born on or after 1 January
 
 
2009”.
 

Page 26

 
(3)
In section 4B (age verification policy)—
 
 
(a)
for subsection (3) substitute—
 
 
“(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
5
 
to establish the age of a person attempting to buy a
 
 
tobacco product, herbal smoking product or cigarette
 
 
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
10
 
may have been born on or after 1 January 2009 (or such
 
 
earlier date as may be specified in the policy);
 
 
(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
15
 
vaping product, or a nicotine product, on the premises
 
 
(the “customer”) if it appears to the person selling the
 
 
product that the customer may be under the age of 25
 
 
(or such older age as may be specified in the policy).
 
 
(3A)
In relation to times before the end of 2033, the reference in
20
 
subsection (3) (a) to the customer being born on or after 1
 
 
January 2009 (or such earlier date as may be specified in the
 
 
policy) has effect as a reference to the customer being under
 
 
the age of 25 (or such older age as may be specified in the
 
 
policy).”;
25
 
(b)
in subsection (4), for “(3)” substitute “ (3) (b) ”.
 
 
(4)
In section 6 (purchase of tobacco products on behalf of persons under 18)—
 
 
(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
30
 
2009”.
 
 
(5)
In section 8 (display of warning statements), in subsection (2)(a), for “under
 
 
the age of 18” substitute “born on or after 1 January 2009”.
 
51
Sale of unpackaged cigarettes
 
 
(1)
The Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) is
35
 
amended as follows.
 
 
(2)
After section 4D insert—
 
“4E
Sale of unpackaged cigarettes
 
 
(1)
A person who sells cigarettes that are not in their original packaging
 
 
commits an offence.
40
 
(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.
 

Page 27

 
(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—
5
 
““retail packaging” , in relation to a product, means the packaging in which
 
 
it is, or is intended to be, presented for sale by retail;”.
 
52
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.
10
 
(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”.
 
53
Repeal of power to confiscate tobacco products from persons under 18
 
 
Omit section 7 of the Tobacco and Primary Medical Services (Scotland) Act
15
 
2010 (asp 3) (confiscation of tobacco products from people under 18).
 
54
Extension of tobacco legislation to herbal smoking products
 
 
(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), in subsection (1),
20
 
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”.
 
 
(4)
In section 6 (purchase of tobacco products on behalf of persons under 18), in
 
 
subsection (1), after “tobacco product” insert “, herbal smoking product”.
25
 
(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
 
 
tobacco,”.
 
55
Power to make provision about warning statements
30
 
(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
 
 
made by the Scottish Ministers as to the size or appearance of—
 

Page 28

 
(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
 
 
notices”.
5

Snus etc

 
56
Ban on manufacture of snus etc
 
 
After section 9 of the Tobacco and Primary Medical Services (Scotland) Act
 
 
2010 (asp 3) insert—
 
 
“Snus etc
10
9A
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 that—
 
 
(a)
is intended for oral use,
15
 
(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 guilty of an offence under this section is liable—
 
 
(a)
on summary conviction, to imprisonment for a term not
20
 
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.”
 
57
Ban on sales of snus etc
25
 
After section 9A of the Tobacco and Primary Medical Services (Scotland) Act
 
 
2010 (asp 3) (inserted by section 56 of this Act) insert—
 
“9B
Ban on sales of snus etc
 
 
(1)
It is an offence to—
 
 
(a)
sell a relevant oral tobacco product, or
30
 
(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 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
35
 
of the offence.
 

Page 29

 
(4)
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.”
 
58
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 57 of this Act) insert—
 
“9C
Possession of snus etc with intent to supply
10
 
(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.
 
 
(2)
In subsection (1) “relevant oral tobacco product” has the meaning
 
 
given by section 9A (2) .
15
 
(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
20
 
exceeding 2 years, or a fine, or both.”
 

Vaping and nicotine products

 
59
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) .
25
 
(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”;
30
 
(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—
35
 
“(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;
 

Page 30

 
(b)
herbal smoking products;
 
 
(c)
vaping products;
 
 
(d)
nicotine products.”;
 
 
(c)
for subsection (2) substitute—
 
 
“(2)
Subsection (1) does not apply in relation to premises from
5
 
which—
 
 
(a)
a product mentioned in subsection (1A) or cigarette
 
 
papers are, in pursuance of a sale, despatched for
 
 
delivery to different premises, and
 
 
(b)
no other relevant business is carried on.”;
10
 
(d)
in subsection (3)—
 
 
(i)
for “tobacco product, cigarette papers or a nicotine vapour
 
 
product” substitute “product mentioned in subsection (1A) or
 
 
cigarette papers”;
 
 
(ii)
for “the tobacco product, cigarette papers or nicotine vapour
15
 
product” substitute “the product”;
 
 
(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”
20
 
substitute “relevant business”.
 
 
(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”;
25
 
(b)
in the heading, for “or nicotine vapour” substitute “, vaping or
 
 
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”;
30
 
(b)
in the heading for “nicotine vapour” substitute “vaping or nicotine”.
 
 
(7)
For section 9 substitute—
 
 
“Vending machines
 
9
Prohibited vending machines
 
 
(1)
A person who has the management or control of premises on which
35
 
a prohibited vending machine is available for use commits an offence.
 
 
(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 an automatic
 
 
machine from which any of the following may be bought (regardless
40
 
of whether the machine also sells other products)—
 

Page 31

 
(a)
tobacco products;
 
 
(b)
herbal smoking products;
 
 
(c)
cigarette papers;
 
 
(d)
vaping products;
 
 
(e)
nicotine products.”
5
 
(8)
In the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14)
 
 
omit section 7 (power to extend vending machine prohibition).
 
60
Meaning of “nicotine product”
 
 
Before section 36 of the Tobacco and Primary Medical Services (Scotland) Act
 
 
2010 (asp 3) insert—
10
“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,
 
 
(b)
an item which is intended to form part of a device within
15
 
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) .
 
 
(2)
But the following are not nicotine products—
20
 
(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
 
 
of tobacco products or herbal smoking products;
25
 
(e)
a vaping product;
 
 
(f)
a medicinal product;
 
 
(g)
a medical device.”
 

Displays of products or prices

 
61
Displays of vaping and nicotine products
30
 
(1)
The Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) is
 
 
amended as follows.
 
 
(2)
After section 3 insert—
 
“3A
Display of products or prices
 
 
(1)
The Scottish Ministers may by regulations impose prohibitions,
35
 
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;
 

Page 32

 
(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
 
 
products in a place where those products are offered for sale.
5
 
(2)
In subsection (1) “relevant products” means—
 
 
(a)
herbal smoking products,
 
 
(b)
vaping products, or
 
 
(c)
nicotine products.
 
 
(3)
In subsection (1) (a) a reference to a product includes anything that
10
 
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 summarily
15
 
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.”
 
 
(3)
In each of the following provisions after “Chapter 1 or 2” insert “or any
20
 
regulations made under those Chapters”—
 
 
section 15(3)(d) and (4)(b);
 
 
section 16(3)(a);
 
 
section 26(2)(a);
 
 
section 27(1);
25
 
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
 
 
the end insert “or under regulations made under section 3A ”.
30
 
(6)
In section 34 (offences by bodies corporate etc), in subsection (1)(a), after “this
 
 
Act” insert “or regulations made under it”.
 
 
(7)
In section 40 (orders and regulations), in subsection (4), at the appropriate
 
 
place insert—
 
 
“section 3A (1)”.
35

Page 33

Free distribution and discounts

 
62
Free distribution and discount of products
 
 
(1)
In the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3),
 
 
after section 8 insert—
 
 
“Free distribution etc
5
8A
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 by retail a product or coupon at a
10
 
substantial 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
15
 
(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 subsection (1) “relevant product” means—
 
 
(a)
a tobacco product,
20
 
(b)
a herbal smoking product,
 
 
(c)
a smoking related product,
 
 
(d)
a vaping product, or
 
 
(e)
a nicotine product.
 
 
(3)
A person who commits 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
 
(4)
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.
 
8B
Free distribution of products: defences
 
 
(1)
Where a person is charged with an offence under section 8A of giving
35
 
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.
 

Page 34

 
(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.”
 
 
(2)
In section 40 of that Act (orders and regulations), in subsection (4), at the
5
 
appropriate place insert—
 
 
“section 8B”.
 
 
(3)
In the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 omit
 
 
section 18.
 

Alignment of definitions

10
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—
 
 
““tobacco product” means a product consisting wholly or partly of tobacco
15
 
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
 
 
“vaping product” in the Tobacco and Primary Medical Services (Scotland)
20
 
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
 
 
(Scotland) Act 2010 (asp 3) for the purposes of extending Chapter 2 of Part
25
 
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.
 

Miscellaneous

 
66
Crown application of 2010 Act
 
 
In section 36 of the Tobacco and Primary Medical Services (Scotland) Act
30
 
2010 (asp 3) (Crown application), in subsection (3), after “on the application”
 
 
insert “of the Scottish Ministers or”.
 

Page 35

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
5
 
(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
10
 
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
15
 
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”.
20

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)
25
 
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;
30
 
(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 were shown what appeared to be an identity
35
 
document belonging to the purchaser and that the date of birth
 
 
shown on that document was before 1 January 2009, or
 

Page 36

 
(b)
that they otherwise took all reasonable steps to avoid the
 
 
commission of the offence.
 
 
(3)
In paragraph (2) “identity document” means—
 
 
(a)
a passport,
 
 
(b)
a UK driving licence,
5
 
(c)
a driving licence issued by any of the Channel Islands or the
 
 
Isle of Man,
 
 
(d)
a European Union photocard driving licence, or
 
 
(e)
an identity card issued by the Proof of Age Standards Scheme
 
 
and bearing its hologram (a PASS card).
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 an automatic machine
 
 
from which any of the following may be bought—
 
 
(a)
tobacco products,
5
 
(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)
 
 
Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section 70 of this Act) insert—
10
“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
 
 
conviction to a fine not exceeding level 3 on the standard scale.
15
 
(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
 
 
After Article 4C of the Health and Personal Social Services (Northern Ireland)
20
 
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.
 
 
(2)
For the purposes of this Article an “age of sale notice” is a notice
25
 
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 visible to people at each point of sale of tobacco products.
30
 
(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.
 
 
(5)
Regulations under paragraph (4) are subject to negative resolution.
35
 
(6)
A person who fails to display an age of sale notice as required by this
 
 
Article commits an offence.
 

Page 38

 
(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.
 
 
(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.
5

Snus etc

 
73
Ban on manufacture of snus etc
 
 
After Article 4D of the Health and Personal Social Services (Northern Ireland)
 
 
Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section 72 of this Act) insert—
 
 
“Snus etc
10
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
 
 
product that—
 
 
(a)
is intended for oral use,
15
 
(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 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.”
 
74
Ban of sales of snus etc
25
 
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
 
 
(1)
It is an offence to—
 
 
(a)
sell a relevant oral tobacco product, or
30
 
(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) .
 
 
(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
35
 
of the offence.
 

Page 39

 
(4)
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
5
 
exceeding 2 years, or a fine, or both.”
 
75
Possession of snus etc with intent to supply
 
 
(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
10
 
(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.
 
 
(2)
In paragraph (1) “relevant oral tobacco product” has the meaning
 
 
given by Article 4E (2) .
15
 
(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
20
 
exceeding 2 years, or a fine, or both.”
 

Vaping and nicotine products

 
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—
25
 
“Vaping and nicotine products
 
4H
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 is under the age of 18.
 
 
(2)
It is a defence for a person charged with an offence under this Article
30
 
to prove—
 
 
(a)
that they were shown what appeared to be an identity
 
 
document belonging to the purchaser and it confirmed the
 
 
purchaser’s age as at least 18 years old, or
 
 
(b)
that they otherwise took all reasonable steps to avoid the
35
 
commission of the offence.
 
 
(3)
In paragraph (2) “identity document” means—
 

Page 40

 
(a)
a passport,
 
 
(b)
a UK driving licence,
 
 
(c)
a driving licence issued by any of the Channel Islands or the
 
 
Isle of Man,
 
 
(d)
a European Union photocard driving licence, or
5
 
(e)
an identity card issued by the Proof of Age Standards Scheme
 
 
and bearing its hologram (a PASS card).
 
 
(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.”
 
77
Purchase of vaping or nicotine products on behalf of under 18s
10
 
(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
 
 
(1)
It is an offence for a person aged 18 or over to buy, or attempt to buy,
15
 
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
 
 
under the age of 18.
20
 
(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)—
 
 
(a)
in paragraph (1), for “tobacco, cigarette papers or a relevant nicotine
25
 
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
 
 
After Article 4I of the Health and Personal Social Services (Northern Ireland)
30
 
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
 
 
product vending machine is available for use.
35
 
(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—
 

Page 41

 
“nicotine product vending machine” means an automatic machine
 
 
from which nicotine products may be bought;
 
 
“vape vending machine” means an automatic machine from which
 
 
vaping products may be bought.”
 

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)
herbal smoking products,
 
 
(c)
cigarette papers,
 
 
(d)
vaping products, or
 
 
(e)
nicotine products.
25
 
(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
 
 
failure to comply with the regulations.
30
 
(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
 
 
maximum, or both;
35
 
(b)
on conviction on indictment, to imprisonment for a term not
 
 
exceeding 2 years, or a fine, or both.
 
 
(6)
Before making regulations under this Article the Department must
 
 
consult any persons it considers it appropriate to consult.
 

Page 42

 
(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.”
 

Free distribution and discounts

 
80
Free distribution and discount of products
5
 
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
 
4L
Free distribution and discounts 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 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 paragraph (1) “relevant product” means—
 
 
(a)
a tobacco product,
 
 
(b)
a herbal smoking product,
 
 
(c)
cigarette papers,
25
 
(d)
a vaping product, or
 
 
(e)
a nicotine product.
 
 
(3)
Where a person is charged with an offence under this Article 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
30
 
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—
 
 
(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 43

 
(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.”
 

Enforcement

 
81
Programme of enforcement action by district councils
5
 
Before Article 7 of the Health and Personal Social Services (Northern Ireland)
 
 
Order 1978 (S.I. 1978/1907 (N.I. 26)) insert—
 
 
“Enforcement
 
6A
Programme of enforcement action by district councils
 
 
(1)
Each district council 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 paragraph (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
 
 
under—
 
 
(i)
this Part or regulations under Article 4K , or
 
 
(ii)
the Tobacco Retailers Act (Northern Ireland) 2014;
 
 
(b)
the bringing of prosecutions in respect of such an offence;
20
 
(c)
the taking of other measures intended to reduce the incidence
 
 
of such offences.”
 

Power to amend lists of identity documents

 
82
Power to amend lists of identity documents
 
 
After Article 6B of the Health and Personal Social Services (Northern Ireland)
25
 
Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section 86 of this Act) insert—
 
“6C
Power to amend lists of identity documents
 
 
(1)
The Department may by regulations amend Articles 3 and 4H for the
 
 
purpose of changing the meaning of “identity document” in paragraph
 
 
(2) of each of those Articles.
30
 
(2)
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.”
 

Page 44

Interpretation of 1978 Order

 
83
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
5
7
Interpretation of Part 2
 
 
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;
10
 
“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);
15
 
“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);
20
 
“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
25
 
or consumed in any other way;
 
 
“tobacco retailer” means a person who carries on a business
 
 
involving the sale of tobacco products by retail;
 
 
“UK driving licence” means—
 
 
(a)
a licence to drive a motor vehicle granted under Part 3
30
 
of the Road Traffic Act 1988, or
 
 
(b)
a licence to drive a motor vehicle granted under Part 2
 
 
of the Road Traffic (Northern Ireland) Order 1981;
 
 
“vape” means—
 
 
(a)
a device which—
35
 
(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
40

Page 45

 
(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
5
 
(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
10
 
and hovercraft.
 
7A
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,
15
 
(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
 
 
to be delivered into the human body, or
 
 
(d)
an item containing anything within sub-paragraph (c) .
20
 
(2)
But the following are not “nicotine products” for the purposes of this
 
 
Article—
 
 
(a)
a tobacco product;
 
 
(b)
a herbal smoking product;
 
 
(c)
cigarette papers;
25
 
(d)
any device which is intended to be used for the consumption
 
 
of tobacco products;
 
 
(e)
a vaping product;
 
 
(f)
a medical device;
 
 
(g)
a medicinal product.”
30

Retailer register and licensing

 
84
Extension of retailer register
 
 
Schedule 10 amends the Tobacco Retailers Act (Northern Ireland) 2014 (c. 4
 
 
(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
35
 
products.
 

Page 46

85
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
 
 
(N.I.)) insert—
 
 
“Licensing of retail sales of tobacco products etc
 
 
Prohibition of retail sales of tobacco products etc without a licence
5
Amendments
Amendment NC1

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT CALLED

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

Type: Backbencher

Signatures: 2

Mary Kelly Foy (Lab - City of Durham) - 07 Jan 2025
Bob Blackman (Con - Harrow East) - 07 Jan 2025

Member's explanatory statement

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

Amendment NC2

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was WITHDRAWN

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

Type: Backbencher

Signatures: 2

Mary Kelly Foy (Lab - City of Durham) - 07 Jan 2025
Bob Blackman (Con - Harrow East) - 07 Jan 2025

Member's explanatory statement

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

Amendment NC3

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT CALLED

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

Type: Backbencher

Signatures: 2

Mary Kelly Foy (Lab - City of Durham) - 07 Jan 2025
Bob Blackman (Con - Harrow East) - 07 Jan 2025

Member's explanatory statement

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

Amendment NC4

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was WITHDRAWN

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

Type: Backbencher

Signatures: 1

Jim Dickson (Lab - Dartford) - 07 Jan 2025

Member's explanatory statement

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

Amendment NC5

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NEGATIVED ON DIVISION

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

Type: Backbencher

Signatures: 1

Mary Glindon (Lab - Newcastle upon Tyne East and Wallsend) - 07 Jan 2025

Member's explanatory statement

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

Opposition Amendment NC6

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NEGATIVED ON DIVISION

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

Type: Opposition

Signatures: 1

Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025
Shadow Minister (Health and Social Care)

Member's explanatory statement

See explanatory statement to Amendment 51.

Opposition Amendment NC7

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NEGATIVED ON DIVISION

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

Type: Opposition

Signatures: 1

Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025
Shadow Minister (Health and Social Care)

Member's explanatory statement

See explanatory statement to Amendment 53.

Opposition Amendment NC8

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was WITHDRAWN

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

Type: Opposition

Signatures: 1

Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025
Shadow Minister (Health and Social Care)

Member's explanatory statement

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

Opposition Amendment NC9

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NEGATIVED ON DIVISION

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

Type: Opposition

Signatures: 1

Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025
Shadow Minister (Health and Social Care)

Member's explanatory statement

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

Opposition Amendment NC10

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NEGATIVED ON DIVISION

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

Type: Opposition

Signatures: 1

Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025
Shadow Minister (Health and Social Care)

Member's explanatory statement

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

Opposition Amendment 50

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT CALLED

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

Type: Opposition

Signatures: 1

Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025
Shadow Minister (Health and Social Care)

Member's explanatory statement

See explanatory statement to Amendment 51.

Opposition Amendment 51

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT CALLED

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

Type: Opposition

Signatures: 1

Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025
Shadow Minister (Health and Social Care)

Member's explanatory statement

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

Amendment 15

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was AGREED

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

Type: Backbencher

Signatures: 1

Andrew Gwynne (Ind - Gorton and Denton) - 07 Jan 2025

Member's explanatory statement

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

Amendment 98

Tabled: 17 Jan 2025
Notices of Amendments as at 17 January 2025

This amendment was AGREED

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

Type: Backbencher

Signatures: 1

Andrew Gwynne (Ind - Gorton and Denton) - 17 Jan 2025

Member's explanatory statement

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

Opposition Amendment 52

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT CALLED

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

Type: Opposition

Signatures: 1

Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025
Shadow Minister (Health and Social Care)

Member's explanatory statement

See explanatory statement to Amendment 53.

Opposition Amendment 53

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT CALLED

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

Type: Opposition

Signatures: 1

Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025
Shadow Minister (Health and Social Care)

Member's explanatory statement

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

Amendment 16

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was AGREED

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

Type: Backbencher

Signatures: 1

Andrew Gwynne (Ind - Gorton and Denton) - 07 Jan 2025

Member's explanatory statement

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

Opposition Amendment 49

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT CALLED

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

Type: Opposition

Signatures: 1

Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025
Liberal Democrat Spokesperson (Primary Care and Cancer)

Member's explanatory statement

This amendment is linked to Amendment 17.

Opposition Amendment 17

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NEGATIVED ON DIVISION

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

Type: Opposition

Signatures: 1

Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025
Liberal Democrat Spokesperson (Primary Care and Cancer)

Member's explanatory statement

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

Opposition Amendment 18

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NEGATIVED ON DIVISION

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

Type: Opposition

Signatures: 1

Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025
Liberal Democrat Spokesperson (Primary Care and Cancer)

Member's explanatory statement

This amendment is linked to Amendment 17.

Opposition Amendment 56

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was WITHDRAWN

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

Type: Opposition

Signatures: 1

Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025
Shadow Minister (Health and Social Care)

Member's explanatory statement

See explanatory statement to Amendment 59.

Opposition Amendment 57

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT CALLED

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

Type: Opposition

Signatures: 1

Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025
Shadow Minister (Health and Social Care)

Member's explanatory statement

See explanatory statement to Amendment 59.

Opposition Amendment 19

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT MOVED

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

Type: Opposition

Signatures: 1

Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025
Liberal Democrat Spokesperson (Primary Care and Cancer)

Member's explanatory statement

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

Opposition Amendment 20

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT MOVED

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

Type: Opposition

Signatures: 1

Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025
Liberal Democrat Spokesperson (Primary Care and Cancer)

Member's explanatory statement

This amendment is linked to Amendment 19.

Opposition Amendment 21

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT MOVED

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

Type: Opposition

Signatures: 1

Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025
Liberal Democrat Spokesperson (Primary Care and Cancer)

Member's explanatory statement

This amendment is linked to Amendment 19.

Opposition Amendment 58

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was WITHDRAWN

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

Type: Opposition

Signatures: 1

Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025
Shadow Minister (Health and Social Care)

Member's explanatory statement

See explanatory statement to Amendment 59.

Opposition Amendment 59

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT CALLED

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

Type: Opposition

Signatures: 1

Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025
Shadow Minister (Health and Social Care)

Member's explanatory statement

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

Opposition Amendment 22

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT CALLED

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

Type: Opposition

Signatures: 1

Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025
Liberal Democrat Spokesperson (Primary Care and Cancer)

Member's explanatory statement

This amendment is linked to Amendment 17.

Opposition Amendment 23

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT CALLED

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

Type: Opposition

Signatures: 1

Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025
Liberal Democrat Spokesperson (Primary Care and Cancer)

Member's explanatory statement

This amendment is linked to Amendment 17.

Opposition Amendment 24

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT CALLED

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

Type: Opposition

Signatures: 1

Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025
Liberal Democrat Spokesperson (Primary Care and Cancer)

Member's explanatory statement

This amendment is linked to Amendment 17.

Opposition Amendment 60

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT CALLED

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

Type: Opposition

Signatures: 1

Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025
Shadow Minister (Health and Social Care)

Member's explanatory statement

See explanatory statement to Amendment 62.

Opposition Amendment 61

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT CALLED

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

Type: Opposition

Signatures: 1

Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025
Shadow Minister (Health and Social Care)

Member's explanatory statement

See explanatory statement to Amendment 62.

Opposition Amendment 62

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT CALLED

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

Type: Opposition

Signatures: 1

Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025
Shadow Minister (Health and Social Care)

Member's explanatory statement

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

Opposition Amendment 63

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was WITHDRAWN

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

Type: Opposition

Signatures: 1

Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025
Shadow Minister (Health and Social Care)

Member's explanatory statement

See explanatory statement to Amendment 66.

Opposition Amendment 64

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT CALLED

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

Type: Opposition

Signatures: 1

Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025
Shadow Minister (Health and Social Care)

Member's explanatory statement

See explanatory statement to Amendment 66.

Opposition Amendment 65

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was WITHDRAWN

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

Type: Opposition

Signatures: 1

Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025
Shadow Minister (Health and Social Care)

Member's explanatory statement

See explanatory statement to Amendment 66.

Opposition Amendment 66

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT CALLED

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

Type: Opposition

Signatures: 1

Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025
Shadow Minister (Health and Social Care)

Member's explanatory statement

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

Amendment 96

Tabled: 10 Jan 2025
Notices of Amendments as at 10 January 2025

This amendment was NEGATIVED ON DIVISION

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

Type: Backbencher

Signatures: 1

Sarah Bool (Con - South Northamptonshire) - 10 Jan 2025
Opposition Amendment 54

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was WITHDRAWN

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

Type: Opposition

Signatures: 1

Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025
Shadow Minister (Health and Social Care)

Member's explanatory statement

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

Opposition Amendment 2

Tabled: 20 Dec 2024
Notices of Amendments as at 20 December 2024

This amendment was DISAGREED

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

Type: Opposition

Signatures: 3

Helen Morgan (LD - North Shropshire) - 20 Dec 2024
Liberal Democrat Spokesperson (Health and Social Care)

Liz Jarvis (LD - Eastleigh) - 20 Dec 2024
Danny Chambers (LD - Winchester) - 20 Dec 2024
Liberal Democrat Spokesperson (Mental Health)

Member's explanatory statement

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

Opposition Amendment 3

Tabled: 20 Dec 2024
Notices of Amendments as at 20 December 2024

This amendment was NOT CALLED

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

Type: Opposition

Signatures: 3

Helen Morgan (LD - North Shropshire) - 20 Dec 2024
Liberal Democrat Spokesperson (Health and Social Care)

Liz Jarvis (LD - Eastleigh) - 20 Dec 2024
Danny Chambers (LD - Winchester) - 20 Dec 2024
Liberal Democrat Spokesperson (Mental Health)

Member's explanatory statement

This amendment is consequential upon Amendment 2.

Opposition Amendment 25

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT CALLED

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

Type: Opposition

Signatures: 1

Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025
Liberal Democrat Spokesperson (Primary Care and Cancer)

Member's explanatory statement

This amendment is linked to Amendment 17.

Opposition Amendment 26

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT CALLED

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

Type: Opposition

Signatures: 1

Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025
Liberal Democrat Spokesperson (Primary Care and Cancer)

Member's explanatory statement

This amendment is linked to Amendment 17.

Opposition Amendment 67

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NEGATIVED ON DIVISION

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

Type: Opposition

Signatures: 1

Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025
Shadow Minister (Health and Social Care)

Member's explanatory statement

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

Opposition Amendment 27

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT CALLED

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

Type: Opposition

Signatures: 1

Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025
Liberal Democrat Spokesperson (Primary Care and Cancer)

Member's explanatory statement

This amendment is linked to Amendment 17.

Opposition Amendment 68

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NEGATIVED ON DIVISION

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

Type: Opposition

Signatures: 1

Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025
Shadow Minister (Health and Social Care)

Member's explanatory statement

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

Opposition Amendment 28

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT CALLED

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

Type: Opposition

Signatures: 1

Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025
Liberal Democrat Spokesperson (Primary Care and Cancer)

Member's explanatory statement

This amendment is linked to Amendment 17.

Opposition Amendment 69

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NEGATIVED ON DIVISION

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

Type: Opposition

Signatures: 1

Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025
Shadow Minister (Health and Social Care)

Member's explanatory statement

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

Opposition Amendment 29

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT CALLED

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

Type: Opposition

Signatures: 1

Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025
Liberal Democrat Spokesperson (Primary Care and Cancer)

Member's explanatory statement

This amendment is linked to Amendment 17.

Opposition Amendment 30

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT CALLED

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

Type: Opposition

Signatures: 1

Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025
Liberal Democrat Spokesperson (Primary Care and Cancer)

Member's explanatory statement

This amendment is linked to Amendment 17.

Opposition Amendment 31

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT CALLED

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

Type: Opposition

Signatures: 1

Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025
Liberal Democrat Spokesperson (Primary Care and Cancer)

Member's explanatory statement

This amendment is linked to Amendment 17.

Opposition Amendment 55

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NEGATIVED ON DIVISION

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

Type: Opposition

Signatures: 1

Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025
Shadow Minister (Health and Social Care)

Member's explanatory statement

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

Opposition Amendment 70

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NEGATIVED ON DIVISION

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

Type: Opposition

Signatures: 1

Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025
Shadow Minister (Health and Social Care)

Member's explanatory statement

See explanatory statement to Amendment 72.

Opposition Amendment 71

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NEGATIVED ON DIVISION

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

Type: Opposition

Signatures: 1

Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025
Shadow Minister (Health and Social Care)

Member's explanatory statement

See explanatory statement to Amendment 72.

Opposition Amendment 72

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NEGATIVED ON DIVISION

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

Type: Opposition

Signatures: 1

Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025
Shadow Minister (Health and Social Care)

Member's explanatory statement

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

Opposition Amendment 32

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT CALLED

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

Type: Opposition

Signatures: 1

Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025
Liberal Democrat Spokesperson (Primary Care and Cancer)

Member's explanatory statement

This amendment is linked to Amendment 17.

Opposition Amendment 33

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT CALLED

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

Type: Opposition

Signatures: 1

Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025
Liberal Democrat Spokesperson (Primary Care and Cancer)

Member's explanatory statement

This amendment is linked to Amendment 17.

Opposition Amendment 73

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NEGATIVED ON DIVISION

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

Type: Opposition

Signatures: 1

Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025
Shadow Minister (Health and Social Care)

Member's explanatory statement

See explanatory statement to Amendment 76.

Opposition Amendment 74

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NEGATIVED ON DIVISION

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

Type: Opposition

Signatures: 1

Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025
Shadow Minister (Health and Social Care)

Member's explanatory statement

See explanatory statement to Amendment 76.

Opposition Amendment 34

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT MOVED

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

Type: Opposition

Signatures: 1

Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025
Liberal Democrat Spokesperson (Primary Care and Cancer)

Member's explanatory statement

This amendment is linked to Amendment 19.

Opposition Amendment 35

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT MOVED

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

Type: Opposition

Signatures: 1

Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025
Liberal Democrat Spokesperson (Primary Care and Cancer)

Member's explanatory statement

This amendment is linked to Amendment 19.

Opposition Amendment 36

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT MOVED

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

Type: Opposition

Signatures: 1

Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025
Liberal Democrat Spokesperson (Primary Care and Cancer)

Member's explanatory statement

This amendment is linked to Amendment 19.

Opposition Amendment 37

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT MOVED

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

Type: Opposition

Signatures: 1

Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025
Liberal Democrat Spokesperson (Primary Care and Cancer)

Member's explanatory statement

This amendment is linked to Amendment 19.

Opposition Amendment 75

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NEGATIVED ON DIVISION

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

Type: Opposition

Signatures: 1

Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025
Shadow Minister (Health and Social Care)

Member's explanatory statement

See explanatory statement to Amendment 76.

Opposition Amendment 76

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NEGATIVED ON DIVISION

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

Type: Opposition

Signatures: 1

Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025
Shadow Minister (Health and Social Care)

Member's explanatory statement

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

Opposition Amendment 38

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT CALLED

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

Type: Opposition

Signatures: 1

Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025
Liberal Democrat Spokesperson (Primary Care and Cancer)

Member's explanatory statement

This amendment is linked to Amendment 17.

Opposition Amendment 77

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NEGATIVED ON DIVISION

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

Type: Opposition

Signatures: 1

Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025
Shadow Minister (Health and Social Care)

Member's explanatory statement

See explanatory statement to Amendment 79.

Opposition Amendment 78

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT CALLED

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

Type: Opposition

Signatures: 1

Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025
Shadow Minister (Health and Social Care)

Member's explanatory statement

See explanatory statement to Amendment 79.

Opposition Amendment 79

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT CALLED

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

Type: Opposition

Signatures: 1

Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025
Shadow Minister (Health and Social Care)

Member's explanatory statement

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

Opposition Amendment 80

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NEGATIVED ON DIVISION

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

Type: Opposition

Signatures: 1

Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025
Shadow Minister (Health and Social Care)

Member's explanatory statement

See explanatory statement to Amendment 83.

Opposition Amendment 81

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NEGATIVED ON DIVISION

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

Type: Opposition

Signatures: 1

Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025
Shadow Minister (Health and Social Care)

Member's explanatory statement

See explanatory statement to Amendment 83.

Opposition Amendment 82

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NEGATIVED ON DIVISION

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

Type: Opposition

Signatures: 1

Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025
Shadow Minister (Health and Social Care)

Member's explanatory statement

See explanatory statement to Amendment 83.

Opposition Amendment 83

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NEGATIVED ON DIVISION

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

Type: Opposition

Signatures: 1

Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025
Shadow Minister (Health and Social Care)

Member's explanatory statement

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

Amendment 5

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was WITHDRAWN

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

Type: Backbencher

Signatures: 2

Mary Kelly Foy (Lab - City of Durham) - 07 Jan 2025
Bob Blackman (Con - Harrow East) - 07 Jan 2025

Member's explanatory statement

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

Amendment 6

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was WITHDRAWN

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

Type: Backbencher

Signatures: 2

Jim Dickson (Lab - Dartford) - 07 Jan 2025
Bob Blackman (Con - Harrow East) - 07 Jan 2025
Amendment 7

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT CALLED

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

Type: Backbencher

Signatures: 2

Jim Dickson (Lab - Dartford) - 07 Jan 2025
Bob Blackman (Con - Harrow East) - 07 Jan 2025
Amendment 8

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT CALLED

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

Type: Backbencher

Signatures: 2

Jim Dickson (Lab - Dartford) - 07 Jan 2025
Bob Blackman (Con - Harrow East) - 07 Jan 2025
Amendment 9

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT CALLED

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

Type: Backbencher

Signatures: 2

Jim Dickson (Lab - Dartford) - 07 Jan 2025
Bob Blackman (Con - Harrow East) - 07 Jan 2025

Member's explanatory statement

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

Opposition Amendment 87

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was WITHDRAWN

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

Type: Opposition

Signatures: 1

Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025
Shadow Minister (Health and Social Care)

Member's explanatory statement

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

Opposition Amendment 88

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT CALLED

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

Type: Opposition

Signatures: 1

Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025
Shadow Minister (Health and Social Care)

Member's explanatory statement

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

Opposition Amendment 89

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT CALLED

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

Type: Opposition

Signatures: 1

Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025
Shadow Minister (Health and Social Care)

Member's explanatory statement

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

Opposition Amendment 90

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT CALLED

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

Type: Opposition

Signatures: 1

Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025
Shadow Minister (Health and Social Care)

Member's explanatory statement

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

Opposition Amendment 91

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT CALLED

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

Type: Opposition

Signatures: 1

Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025
Shadow Minister (Health and Social Care)

Member's explanatory statement

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

Opposition Amendment 92

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT CALLED

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

Type: Opposition

Signatures: 1

Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025
Shadow Minister (Health and Social Care)

Member's explanatory statement

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

Opposition Amendment 93

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT CALLED

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

Type: Opposition

Signatures: 1

Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025
Shadow Minister (Health and Social Care)

Member's explanatory statement

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

Amendment 1

Tabled: 19 Dec 2024
Notices of Amendments as at 19 December 2024

This amendment was AGREED

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

Type: Backbencher

Signatures: 1

Andrew Gwynne (Ind - Gorton and Denton) - 19 Dec 2024

Member's explanatory statement

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

Opposition Amendment 4

Tabled: 20 Dec 2024
Notices of Amendments as at 20 December 2024

This amendment was WITHDRAWN

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

Type: Opposition

Signatures: 3

Helen Morgan (LD - North Shropshire) - 20 Dec 2024
Liberal Democrat Spokesperson (Health and Social Care)

Liz Jarvis (LD - Eastleigh) - 20 Dec 2024
Danny Chambers (LD - Winchester) - 20 Dec 2024
Liberal Democrat Spokesperson (Mental Health)

Member's explanatory statement

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

Amendment 11

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was WITHDRAWN

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

Type: Backbencher

Signatures: 2

Jim Dickson (Lab - Dartford) - 07 Jan 2025
Bob Blackman (Con - Harrow East) - 07 Jan 2025

Member's explanatory statement

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

Opposition Amendment 95

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NEGATIVED ON DIVISION

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

Type: Opposition

Signatures: 1

Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025
Shadow Minister (Health and Social Care)

Member's explanatory statement

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

Amendment 12

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT CALLED

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

Type: Backbencher

Signatures: 2

Jim Dickson (Lab - Dartford) - 07 Jan 2025
Bob Blackman (Con - Harrow East) - 07 Jan 2025

Member's explanatory statement

This amendment is associated with amendment 11.

Amendment 13

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT CALLED

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

Type: Backbencher

Signatures: 2

Jim Dickson (Lab - Dartford) - 07 Jan 2025
Bob Blackman (Con - Harrow East) - 07 Jan 2025

Member's explanatory statement

This amendment is associated with amendment 11.

Opposition Amendment 94

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NEGATIVED ON DIVISION

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

Type: Opposition

Signatures: 1

Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025
Shadow Minister (Health and Social Care)

Member's explanatory statement

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

Amendment 14

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT CALLED

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

Type: Backbencher

Signatures: 2

Jim Dickson (Lab - Dartford) - 07 Jan 2025
Bob Blackman (Con - Harrow East) - 07 Jan 2025

Member's explanatory statement

This amendment is associated with amendment 11.

Amendment 10

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was WITHDRAWN

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

Type: Backbencher

Signatures: 2

Jim Dickson (Lab - Dartford) - 07 Jan 2025
Bob Blackman (Con - Harrow East) - 07 Jan 2025

Member's explanatory statement

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

Opposition Amendment 84

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was WITHDRAWN

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

Type: Opposition

Signatures: 1

Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025
Shadow Minister (Health and Social Care)

Member's explanatory statement

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

Opposition Amendment 85

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT CALLED

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

Type: Opposition

Signatures: 1

Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025
Shadow Minister (Health and Social Care)

Member's explanatory statement

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

Opposition Amendment 97

Tabled: 10 Jan 2025
Notices of Amendments as at 10 January 2025

This amendment was NOT CALLED

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

Type: Opposition

Signatures: 1

Caroline Johnson (Con - Sleaford and North Hykeham) - 10 Jan 2025
Shadow Minister (Health and Social Care)

Member's explanatory statement

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

Opposition Amendment 86

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT CALLED

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

Type: Opposition

Signatures: 1

Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025
Shadow Minister (Health and Social Care)

Member's explanatory statement

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

Opposition Amendment 44

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT CALLED

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

Type: Opposition

Signatures: 1

Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025
Liberal Democrat Spokesperson (Primary Care and Cancer)

Member's explanatory statement

This amendment is linked to Amendment 17.

Opposition Amendment 48

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT CALLED

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

Type: Opposition

Signatures: 1

Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025
Liberal Democrat Spokesperson (Primary Care and Cancer)

Member's explanatory statement

This amendment is linked to Amendment 17.

Opposition Amendment 45

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT CALLED

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

Type: Opposition

Signatures: 1

Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025
Liberal Democrat Spokesperson (Primary Care and Cancer)

Member's explanatory statement

This amendment is linked to Amendment 17.

Opposition Amendment 46

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT CALLED

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

Type: Opposition

Signatures: 1

Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025
Liberal Democrat Spokesperson (Primary Care and Cancer)

Member's explanatory statement

This amendment is linked to Amendment 17.

Opposition Amendment 47

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT CALLED

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

Type: Opposition

Signatures: 1

Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025
Liberal Democrat Spokesperson (Primary Care and Cancer)

Member's explanatory statement

This amendment is linked to Amendment 17.

Opposition Amendment 39

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT CALLED

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

Type: Opposition

Signatures: 1

Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025
Liberal Democrat Spokesperson (Primary Care and Cancer)

Member's explanatory statement

This amendment is linked to Amendment 17.

Opposition Amendment 40

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT CALLED

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

Type: Opposition

Signatures: 1

Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025
Liberal Democrat Spokesperson (Primary Care and Cancer)

Member's explanatory statement

This amendment is linked to Amendment 17.

Opposition Amendment 41

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT CALLED

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

Type: Opposition

Signatures: 1

Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025
Liberal Democrat Spokesperson (Primary Care and Cancer)

Member's explanatory statement

This amendment is linked to Amendment 17.

Opposition Amendment 42

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT CALLED

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

Type: Opposition

Signatures: 1

Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025
Liberal Democrat Spokesperson (Primary Care and Cancer)

Member's explanatory statement

This amendment is linked to Amendment 17.

Opposition Amendment 43

Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025

This amendment was NOT CALLED

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

Type: Opposition

Signatures: 1

Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025
Liberal Democrat Spokesperson (Primary Care and Cancer)

Member's explanatory statement

This amendment is linked to Amendment 17.

Amendment Gov 16

Tabled: 22 Jan 2025
Notices of Amendments as at 22 January 2025

This amendment was AGREED TO

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

Type: Backbencher

Signatures: 1

Andrew Gwynne (Ind - Gorton and Denton) - 22 Jan 2025