Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Sale and distribution: England and Wales
Sale of tobacco etc
It is an offence to sell any of the following to a person born on or after 1 January 2009—
a tobacco product;
a herbal smoking product;
cigarette papers.
It is a defence for a person charged with an offence under this section to prove—
that they took such steps as may be specified in regulations made by the Secretary of State to verify that the customer was born before 1 January 2009, or
that they otherwise took all reasonable steps to avoid the commission of the offence.
Before making regulations under subsection (2)(a) the Secretary of State must obtain the consent of the Welsh Ministers if the regulations contain provision which would be within the legislative competence of Senedd Cymru if contained in an Act of the Senedd.
Regulations under subsection (2)(a) are subject to the affirmative resolution procedure.
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.
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 tobacco product;
a herbal smoking product;
cigarette papers.
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.
It is a defence for a person charged with an offence under this section in respect of cigarette papers to prove that they had no reason to suspect that the other person intended to use the papers for smoking.
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.
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.
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.
In this section “tobacco vending machine” means a machine from which any of the following products may be bought or from which they are dispensed to a customer in connection with a sale—
tobacco products,
herbal smoking products, or
cigarette papers.
It is an offence for a tobacco retailer to sell cigarettes that are not in their original packaging.
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.
In this section “original packaging” means the retail packaging in which the cigarettes were supplied to the tobacco retailer for the purpose of sale.
A tobacco retailer who sells tobacco products on premises in England must display an age of sale notice on those premises.
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 .
It is illegal to sell tobacco products to anyone born on or after 1 January 2009
The notice must be displayed in a prominent position where it is readily visible to people at each point of sale of tobacco products.
The notice must comply with any requirements set out in regulations made by the Secretary of State as to the size or appearance of—
the statement to be displayed on the notice, or
any other aspect of the notice.
Regulations under subsection (4) are subject to the negative resolution procedure.
A person who fails to display an age of sale notice as required by this section commits an offence.
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.
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.
A tobacco retailer who sells tobacco products on premises in Wales must display an age of sale notice on those premises.
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 January 2009 Mae’n anghyfreithlon gwerthu cynhyrchion tybaco i unrhyw un a anwyd ar neu ar ôl 1 Ionawr 2009 .
It is illegal to sell tobacco products to anyone born on or after 1 January 2009
Mae’n anghyfreithlon gwerthu cynhyrchion tybaco i unrhyw un a anwyd ar neu ar ôl 1 Ionawr 2009
The notice must be displayed in a prominent position where it is readily visible to people at each point of sale of tobacco products.
The notice must comply with any requirements set out in regulations made by the Welsh Ministers as to the size or appearance of—
the statement to be displayed on the notice, or
any other aspect of the notice.
Regulations under subsection (4) are subject to the negative resolution procedure.
A person who fails to display an age of sale notice as required by this section commits an offence.
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.
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.
Snus etc
It is an offence to manufacture a relevant oral tobacco product.
In subsection (1) “relevant oral tobacco product” means 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.
A person who commits an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;
on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.
It is an offence to—
sell a relevant oral tobacco product, or
offer or expose a relevant oral tobacco product for sale.
In subsection (1) “relevant oral tobacco product” has the meaning given by section 7(2).
It is a defence for a person charged with an offence under this section to prove that they took all reasonable steps to avoid the commission of the offence.
A person who commits an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;
on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.
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.
In subsection (1) “relevant oral tobacco product” has the meaning given by section 7(2).
A person who commits an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;
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
It is an offence to sell a vaping product or nicotine product to a person who is under the age of 18.
It is a defence for a person charged with an offence under this section to prove—
that they took such steps as may be specified in regulations made by the Secretary of State to verify that the customer was at least 18 years old, or
that they otherwise took all reasonable steps to avoid the commission of the offence.
Before making regulations under subsection (2)(a) the Secretary of State must obtain the consent of the Welsh Ministers if the regulations contain provision which would be within the legislative competence of Senedd Cymru if contained in an Act of the Senedd.
Regulations under subsection (2)(a) are subject to the affirmative resolution procedure.
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.
It is an offence for a person aged 18 or over to buy, or attempt to buy, a vaping product or nicotine product on behalf of a person who is under the age of 18.
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.
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.
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.
But subsection (1) does not apply in relation to a vape vending machine made available for use in a mental health hospital if the machine is in an area that is intended wholly or mainly for inpatients.
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.
In this section— “mental health hospital” means an institution (or part of an institution) maintained wholly or mainly for the reception and treatment of inpatients who— are aged 18 or over, and are suffering from mental disorder (within the meaning of the Mental Health Act 1983); “nicotine product vending machine” means a machine— from which nicotine products may be bought, or from which they are dispensed to a customer in connection with a sale; “vape vending machine” means a machine— from which vaping products may be bought, or from which they are dispensed to a customer in connection with a sale.
Displays of products or prices
The Secretary of State may by regulations impose prohibitions, requirements or limitations on retailers in relation to—
the display, in the course of business, of relevant products in a place in England where the products are offered for sale;
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;
the display, in the course of business, of prices of relevant products in a place in England where the products are offered for sale.
In subsection (1) “relevant products” means—
tobacco products,
tobacco related devices,
herbal smoking products,
cigarette papers,
vaping products, or
nicotine products.
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.
Regulations under this section may create offences in relation to a failure to comply with the regulations.
The regulations must provide for any offence to be triable either way and punishable—
on summary conviction, by imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;
on conviction on indictment, by imprisonment for a term not exceeding 2 years, or a fine, or both.
Before making regulations under this section the Secretary of State must consult any persons the Secretary of State considers it appropriate to consult.
Regulations under this section are subject to the affirmative resolution procedure.
The Welsh Ministers may by regulations impose prohibitions, requirements or limitations on retailers in relation to—
the display, in the course of business, of relevant products in a place in Wales where the products are offered for sale;
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;
the display, in the course of business, of prices of relevant products in a place in Wales where the products are offered for sale.
In subsection (1) “relevant products” means—
tobacco products,
tobacco related devices,
herbal smoking products,
cigarette papers,
vaping products, or
nicotine products.
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.
Regulations under this section may create offences in relation to a failure to comply with the regulations.
The regulations must provide for any offence to be triable either way and punishable—
on summary conviction, by imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;
on conviction on indictment, by imprisonment for a term not exceeding 2 years, or a fine, or both.
Before making regulations under this section the Welsh Ministers must consult any persons they consider it appropriate to consult.
Regulations under this section are subject to the affirmative resolution procedure.
Free distribution and discounts
A person commits an offence if—
the person—
gives away a product or coupon to a member of the public or sells a product or coupon at a substantial discount, or
causes or permits that to happen, and
either—
their purpose in doing so is to promote a relevant product, or
the effect of their doing so will be to promote a relevant product and they know, or have reason to suspect, that will be the effect.
In subsection (1) “relevant product” means—
a tobacco product,
a herbal smoking product,
cigarette papers,
a vaping product, or
a nicotine product.
Where a person is charged with an offence under this section of giving away a vaping product or nicotine product, or a coupon for such a product, it is a defence for the person to prove that the product or coupon was given away in accordance with arrangements made by a public authority.
A person who commits an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;
on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.
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.
Retail licensing: England
An individual must not do any of the following things in England except under the authority of and in accordance with a personal licence—
sell relevant products;
expose relevant products for sale;
possess relevant products for the purpose of their sale (by the individual or another person).
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—
the storage of relevant products for the purpose of their sale (by the person or another person);
the exposure of relevant products for sale;
the supply of relevant products to retail customers.
The Secretary of State may by regulations create exceptions to the prohibition in subsection (1) or (2).
The Secretary of State must by regulations make provision for and in connection with the grant of personal licences and premises licences.
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.
Schedule 1 makes further provision about regulations under subsection (4).
Regulations under this section are subject to the affirmative resolution procedure.
In this section— “grant” includes variation or renewal; “licensing authority” has the meaning given by paragraph 2 of Schedule 1; “personal licence” means a licence that is granted by a licensing authority and authorises an individual to do the things mentioned in subsection (1)(a), (b) and (c); “premises licence” means a licence that is granted by a licensing authority and authorises the use of premises by a person for the things mentioned in subsection (2)(a), (b) and (c); “relevant products” means— tobacco products; herbal smoking products; cigarette papers; vaping products; nicotine products; “supply” includes despatch.
A person commits an offence if—
the person provides information to a licensing authority—
in, or in connection with, an application for the grant of a personal licence or a premises licence, or
in pursuance of any other obligation imposed by or under regulations made under section 16(4),
the information is false or misleading in a material respect, and
the person knows, or ought reasonably to know, that the information is false or misleading in a material respect.
A person who commits an offence under this section is liable on summary conviction to a fine.
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.
In this section— “grant” includes variation or renewal; “licensing authority” has the meaning given by paragraph 2 of Schedule 1; “personal licence” has the meaning given by section 16(8); “premises licence” has the meaning given by section 16(8); “relevant product” has the meaning given by section 16(8).
A local weights and measures authority or relevant district council in England may impose a financial penalty on a person if satisfied that—
the person has breached a condition attached to a personal licence or a premises licence, and
the breach of that condition does not constitute an offence under section 17.
The amount of the financial penalty must not exceed £2,500.
The Secretary of State may by regulations amend the amount specified in subsection (2) for the purpose of reflecting inflation.
Schedule 2 makes further provision about the imposition of financial penalties under this section.
Regulations under this section are subject to the negative resolution procedure.
In this section— “personal licence” has the meaning given by section 16(8); “premises licence” has the meaning given by section 16(8); “relevant district council” means a district council that— is specified as a licensing authority under paragraph 2 of Schedule 1, and is not a local weights and measures authority.
Retail licensing: Wales
An individual must not do any of the following things in Wales except under the authority of and in accordance with a personal licence—
sell relevant products;
expose relevant products for sale;
possess relevant products for the purpose of their sale (by the individual or another person).
A person must not use or permit the use of premises in Wales for any of the following things except under the authority of and in accordance with a premises licence—
the storage of relevant products for the purpose of their sale (by the person or another person);
the exposure of relevant products for sale;
the supply of relevant products to retail customers.
The Welsh Ministers may by regulations create exceptions to the prohibition in subsection (1) or (2).
The Welsh Ministers must by regulations make provision for and in connection with the grant of personal licences and premises licences.
Before making regulations under this section the Welsh Ministers must consult any persons that the Welsh Ministers consider it appropriate to consult.
Schedule 3 makes further provision about regulations under subsection (4).
Regulations under this section are subject to the affirmative resolution procedure.
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; “personal licence” means a licence that is granted by a licensing authority and authorises an individual to do the things mentioned in subsection (1)(a), (b) and (c); “premises licence” means a licence that is granted by a licensing authority and authorises the use of premises by a person for the things mentioned in subsection (2)(a), (b) and (c); “relevant products” means— tobacco products; herbal smoking products; cigarette papers; vaping products; nicotine products; “supply” includes despatch.
A person commits an offence if—
the person provides information to a licensing authority—
in, or in connection with, an application for the grant of a personal licence or a premises licence, or
in pursuance of any other obligation imposed by or under regulations made under section 19(4),
the information is false or misleading in a material respect, and
the person knows, or ought reasonably to know, that the information is false or misleading in a material respect.
A person who commits an offence under this section is liable on summary conviction to a fine.
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.
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; “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).
A local weights and measures authority in Wales may impose a financial penalty on a person if satisfied that—
the person has breached a condition attached to a personal licence or a premises licence, and
the breach of that condition does not constitute an offence under section 20.
The amount of the financial penalty must not exceed £2,500.
The Welsh Ministers may by regulations amend the amount specified in subsection (2) for the purpose of reflecting inflation.
Schedule 4 makes further provision about the imposition of financial penalties under this section.
Regulations under this section are subject to the negative resolution procedure.
In this section “personal licence” and “premises licence” have the meaning given by section 19(8).
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
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”).
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).
A “restricted premises order” is an order prohibiting the sale on the relevant premises of any one or more of the following—
tobacco products;
herbal smoking products;
cigarette papers;
vaping products;
nicotine products.
The prohibition imposed by a restricted premises order applies to sales whether made by the offender or any other person.
A restricted premises order has effect for the period specified in the order, which may not exceed one year.
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.
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 of two years ending with the date of the offence, the person committed a relevant offence in relation to the relevant premises.
In this section “relevant offence” means—
an offence under any of the following provisions of this Part—
section 1 (sale of tobacco etc to people born on or after 1 January 2009);
section 3 (tobacco vending machines);
section 10 (sale of vaping or nicotine products to under 18s);
section 12 (vaping and nicotine product vending machines);
an offence under any of the following (which are repealed by this Act)—
section 7 of the Children and Young Persons Act 1933 (sale of tobacco, etc., to under 18s);
section 3A of the Children and Young Persons (Protection from Tobacco) Act 1991 (tobacco vending machines);
section 92 of the Children and Families Act 2014 (sale of nicotine products to under 18s).
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.
An interested person may make representations to the court as to why the order should not be made.
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.
On an application under subsection (3) the court may, after hearing the interested person and the applicant for the restricted premises order, make such order varying or discharging the restricted premises order as it considers appropriate.
In this section “interested person”, in relation to an application for a restricted premises order, means—
the occupier of the premises, and
any other person who has an interest in the premises.
A person commits an offence if the person—
sells anything in breach of a restricted premises order, and
knows, or ought reasonably to know, that the sale is in breach of the order.
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.
A person who commits an offence under this section is liable on summary conviction to a fine.
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 on premises in Wales.
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.
Before making regulations under this section the Welsh Ministers must consult any persons that they consider it appropriate to consult.
Regulations under this section are subject to the affirmative resolution procedure.
Restricted sale orders
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.
A “restricted sale order” is an order prohibiting the offender—
from selling any one or more of the following—
tobacco products,
herbal smoking products,
cigarette papers,
vaping products,
nicotine products;
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).
A restricted sale order has effect for the period specified in the order, which may not exceed one year.
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 of two years ending with the date of the offence, the person committed a relevant offence.
In this section “relevant offence” means—
an offence under any of the following provisions of this Part—
section 1 (sale of tobacco etc to people born on or after 1 January 2009);
section 3 (tobacco vending machines);
section 10 (sale of vaping or nicotine products to under 18s);
section 12 (vaping and nicotine product vending machines);
an offence under any of the following (which are repealed by this Act)—
section 7 of the Children and Young Persons Act 1933 (sale of tobacco, etc., to under 18s);
section 3A of the Children and Young Persons (Protection from Tobacco) Act 1991 (tobacco vending machines);
section 92 of the Children and Families Act 2014 (sale of nicotine products to under 18s).
An appeal against an order made under section 28 may be brought to the Crown Court.
A person who fails to comply with a restricted sale order commits an offence.
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.
A person who commits an offence under this section is liable on summary conviction to a fine.
Offences by bodies
Where an offence under section 26 is committed by a body and the offence 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.
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
is attributable to neglect on the part of such a person,
In this section— “body” means— a body corporate, a partnership, or an unincorporated association; “relevant person” means— 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; 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; in relation to a limited partnership, a general partner (within the meaning given by section 3 of the Limited Partnerships Act 1907); in relation to any other partnership, a partner; in relation to an unincorporated association, a person who exercises functions of management with respect to it.
Enforcement functions
In this Part “relevant enforcement authority in England” means—
a local weights and measures authority in England, and
is specified as a licensing authority under paragraph 2 of Schedule 1, and
is not a local weights and measures authority.
In Schedule 5 to the Consumer Rights Act 2015 (investigatory powers), in paragraph 10 (enforcer’s legislation), at the appropriate place (according to date of enactment) insert—
Each relevant enforcement authority in England must, at least once a year, consider—
whether it is appropriate to carry out a programme of enforcement action in its area, and
if so, what that programme should involve.
In subsection (1) “programme of enforcement action” means a programme involving one or more of the following—
the investigation of complaints in respect of an alleged offence under this Part or any regulations under section 13;
the bringing of prosecutions in respect of such an offence;
the taking of other measures intended to reduce the incidence of such offences.
Each local weights and measures authority in Wales must, at least once a year, consider—
whether it is appropriate to carry out a programme of enforcement action in its area, and
if so, what that programme should involve.
In subsection (1) “programme of enforcement action” means a programme involving one or more of the following—
the investigation of complaints in respect of an alleged offence that is a listed offence;
the bringing of prosecutions in respect of a listed offence;
the taking of other measures intended to reduce the incidence of listed offences.
In this section “listed offence” means—
an offence under any provision of this Part or regulations under section 14, or
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); section 52 (offence of handing over vaping or nicotine products to under 18s).
Powers of ministers to take over enforcement
The Secretary of State may direct that, in relation to cases of a particular description or a particular case, the duty imposed by section 32(1) on a relevant enforcement authority in England is to be discharged by the Secretary of State and not by the authority.
The Welsh Ministers may direct that, in relation to cases of a particular description or a particular case, the duty imposed by section 32(1) on a local weights and measures authority in Wales is to be discharged by the Welsh Ministers and not by the authority.
The Secretary of State may take over the conduct of any proceedings from a relevant enforcement authority in England in respect of an offence committed under this Part or any regulations under section 13.
The Welsh Ministers may take over the conduct of any proceedings from a local weights and measures authority in Wales in respect of an offence committed under this Part or any regulations under section 14.
Fixed penalties: England
A relevant enforcement authority in England that has reason to believe that a 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); section 5 (age of sale notice at point of sale: England); section 10 (sale of vaping or nicotine products to under 18s); section 11 (purchase of vaping or nicotine products on behalf of under 18s); section 13 (displays of products or prices in England); section 15 (free distribution and discount of products); section 17 (offences in connection with retail licences: England).
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.
The amount specified in a fixed penalty notice in respect of an offence under section 17 must be an amount equal to level 4 on the standard scale of fines for summary offences.
The amount specified in a fixed penalty notice in respect of any other offence must be £200.
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.
A fixed penalty notice must explain—
that the relevant enforcement authority in England has reason to believe that the person has committed the offence, and why,
the effect of subsection (7), and
when and how payment may be made.
Where a fixed penalty notice has been given to a person (and has not been withdrawn)—
no proceedings may be instituted for the offence before the end of the relevant period, and
the person may not be convicted of the offence if the person pays—
the full amount of the fixed penalty in the notice before the end of the relevant period, or
50% of that amount before the end of the period of 14 days beginning with the day on which the relevant period starts.
Where proceedings are instituted for the offence after the end of the relevant period, that period is to be disregarded for the purposes of calculating the period mentioned in section 127(1) of the Magistrates’ Courts Act 1980.
A fixed penalty notice given under this section may be withdrawn by the relevant enforcement authority in England that gave it at any time before a payment is made in pursuance of the notice.
Any sums received by a relevant enforcement authority in England in pursuance of a fixed penalty notice must be used in connection with any functions they have under or under regulations made under—
this Act;
Part 1 of the Health Act 2006;
the Tobacco and Related Products Regulations 2016 (S.I. 2016/507).
In this section “fixed penalty notice” means a fixed penalty notice given under section 37.
change the amount which must be specified in notices, or
change the percentage discount for early payment.
The amount mentioned in subsection (1)(a) must not be changed to an amount that exceeds level 3 on the standard scale of fines for summary offences.
Regulations under this section are subject to the affirmative resolution procedure.
Fixed penalties: Wales
A local weights and measures authority in Wales that has reason to believe that a 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); 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); section 14 (displays of products or prices in Wales); section 15 (free distribution and discount of products); section 20 (offences in connection with retail licences: Wales).
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.
The amount specified in a fixed penalty notice in respect of an offence under section 20 must be an amount equal to level 4 on the standard scale of fines for summary offences.
The amount specified in a fixed penalty notice in respect of any other offence must be £200.
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.
A fixed penalty notice must explain—
that the local weights and measures authority has reason to believe that the person has committed the offence, and why,
the effect of subsection (7), and
when and how payment may be made.
Where a fixed penalty notice has been given to a person (and has not been withdrawn)—
no proceedings may be instituted for the offence before the end of the relevant period, and
the person may not be convicted of the offence if the person pays—
the full amount of the fixed penalty in the notice before the end of the relevant period, or
50% of that amount before the end of the period of 14 days beginning with the day on which the relevant period starts.
Where proceedings are instituted for the offence after the end of the relevant period, that period is to be disregarded for the purposes of calculating the period mentioned in section 127(1) of the Magistrates’ Courts Act 1980.
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.
Any sums received by a local weights and measures authority in Wales in pursuance of a fixed penalty notice must be used in connection with their functions under or under regulations made under—
this Act;
the Tobacco and Related Products Regulations 2016 (S.I. 2016/507);
Part 3 of the Public Health (Wales) Act 2017.
In this section “fixed penalty notice” means a fixed penalty notice given under section 40.
change the amount which must be specified in notices, or
change the percentage discount for early payment.
The amount mentioned in subsection (1)(a) must not be changed to an amount that exceeds level 3 on the standard scale of fines for summary offences.
Regulations under this section are subject to the affirmative resolution procedure.
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—
amendments extending that Chapter to all vaping products,
amendments conferring a power to extend the products to which that Chapter applies, and
amendments that are consequential on this Part.
Consequential, transitional and transitory provision
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.
See Schedule 7 for consequential amendments coming into force on 1 January 2027.
an offence under section 7 of the Children and Young Persons Act 1933 (sale of tobacco, etc. to under 18s);
an offence under section 4 of the Children and Young Persons (Protection from Tobacco) Act 1991 (age of sale notices).
section 7 of the Children and Young Persons Act 1933 (sale of tobacco, etc. to persons under eighteen);
section 91 of the Children and Families Act 2014 (purchase of tobacco etc. on behalf of under 18s).
In relation to times before 1 January 2027—
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.
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.
Powers to adjust scope
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 filter that does not form part of a tobacco product or herbal smoking product;
a tobacco related device.
Before making regulations under this section the Secretary of State must consult any persons the Secretary of State considers it appropriate to consult.
Before making regulations under this section the Secretary of State must obtain the consent of the Welsh Ministers if the regulations contain provision which would be within the legislative competence of Senedd Cymru if contained in an Act of the Senedd.
Regulations under this section are subject to the affirmative resolution procedure.
Crown application
This Part and regulations made under it bind the Crown.
Nothing in this Part or regulations made under it makes the Crown criminally liable.
The High Court may declare unlawful any act or omission for which the Crown would be criminally liable if it were not for subsection (2).
Subsection (2) does not affect the criminal liability of persons in the service of the Crown.
Interpretation etc
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; “filter” means a filter that is intended to be used when smoking a tobacco product or herbal smoking product (including a filter that forms part of, or that is intended to be inserted into, an item such as a cigarette holder or pipe); “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); “medicinal product” has the meaning given by the Human Medicines Regulations 2012 (S.I. 2012/1916); “nicotine product” has the meaning given by section 51; “premises” means any place (including a vehicle or moveable structure); “relevant enforcement authority in England” has the meaning given by section 32(2); “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 any other way; “tobacco related device” means— a device, other than a vape, which enables a tobacco product to be consumed (for example, a heated tobacco device or pipe), or an item which is intended to form part of such a device; “tobacco retailer” means a person who carries on a business involving the sale of tobacco products by retail; “vape” means— a device which— vaporises substances, other than tobacco, for the purpose of inhalation through a mouthpiece (whether or not it also vaporises tobacco), and is not a medical device or a medicinal product, or 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 vape, or a vaping substance; “vaping substance” means a substance, other than tobacco, that is intended to be vaporised by a vape; “vaporises” includes aerosolises (and “vaporised” is to be construed accordingly); “vehicle” means every type of vehicle, including a vessel, aircraft and hovercraft.
In this Part “nicotine product” means—
a device which is intended to enable nicotine to be delivered into the human body,
an item which is intended to form part of a device within paragraph (a),
nicotine, or any substance containing nicotine, which is intended to be delivered into the human body, or
an item containing anything within paragraph (c).
But the following are not “nicotine products” for the purposes of this section—
a tobacco product;
a herbal smoking product;
cigarette papers;
any device which is intended to be used for the consumption of tobacco products or herbal smoking products;
a vaping product;
a medical device;
a medicinal product.
Sale and distribution: Scotland
Sale of tobacco etc
The Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) is amended as follows.
In section 4 (sale of tobacco products to persons under 18)—
in subsection (1), for “under the age of 18” substitute “born on or after 1 January 2009”;
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”;
after subsection (5) insert— ;
in the heading, for “under 18” substitute “born on or after 1 January 2009”.
In section 4B (age verification policy)—
for subsection (3) substitute— ;
in subsection (4), for “(3)” substitute “(3)(b)”.
In section 6 (purchase of tobacco products on behalf of persons under 18)—
in subsection (1), for “under the age of 18” substitute “born on or after 1 January 2009”;
in the heading, for “under 18” substitute “born on or after 1 January 2009”.
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”.
The Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) is amended as follows.
After section 4D insert—
In section 35(1), at the appropriate place insert— .
The Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) is amended as follows.
Omit section 5 (purchase of tobacco products by people under 18).
In section 33 (presumption as to contents of container), in subsection (1) omit “, 5”.
Omit section 7 of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) (confiscation of tobacco products from people under 18).
The Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) is amended as follows.
In section 4 (sale of tobacco products to persons under 18), in subsection (1), after “tobacco product” insert “, herbal smoking product”.
In section 4C (sale of tobacco etc by persons under 18), in subsection (1), after “tobacco product” insert “, herbal smoking product”.
In section 6 (purchase of tobacco products on behalf of persons under 18), in subsection (1), after “tobacco product” insert “, herbal smoking product”.
In section 35 (interpretation), in subsection (1), at the appropriate place insert— .
In section 8 of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) (display of warning statements), for subsection (5) substitute—
For the italic heading before section 7 of that Act substitute “Age of sale notices”.
Snus etc
After section 9 of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) insert—
After section 9A of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) (inserted by section 58 of this Act) insert—
After section 9B of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) (inserted by section 59 of this Act) insert—
Vaping and nicotine products
The Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) is amended in accordance with subsections (2) to (7).
In the italic heading before section 4, for “and nicotine vapour” substitute “, vaping and nicotine”.
In section 4A (sale of nicotine vapour products to persons under 18)—
in subsection (1), for “nicotine vapour” substitute “vaping product or nicotine”;
in the heading, for “nicotine vapour” substitute “vaping and nicotine”.
In section 4B (age verification policy)—
in subsection (1)(a) and (b), for “tobacco or nicotine vapour product business” substitute “relevant business”;
after subsection (1) insert— ;
for subsection (2) substitute— ;
in subsection (3)—
for “tobacco product, cigarette papers or a nicotine vapour product” substitute “product mentioned in subsection (1A) or cigarette papers”;
for “the tobacco product, cigarette papers or nicotine vapour product” substitute “the product”;
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”;
in subsection (6), for “tobacco or nicotine vapour product business” substitute “relevant business”.
In section 4C (sale of tobacco or nicotine vapour products by persons under 18)—
in subsection (1), for “or a nicotine vapour” substitute “, a vaping product or a nicotine”;
in the heading, for “or nicotine vapour” substitute “, vaping or nicotine”.
In section 6A (purchase of nicotine vapour products on behalf of persons under 18)—
in subsection (1), for “nicotine vapour” substitute “vaping or nicotine”;
in the heading for “nicotine vapour” substitute “vaping or nicotine”.
For section 9 substitute—
In the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14) omit section 7 (power to extend vending machine prohibition).
Before section 36 of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) insert—
Age verification
The Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) is amended as follows.
In section 4 (age restrictions on sale of tobacco products etc)—
in subsection (2), for paragraph (b) substitute— ;
omit subsections (3) and (4).
In section 4A (age restrictions on sale of vaping products etc)—
in subsection (2), for paragraph (b) substitute— ;
omit subsections (3) and (4).
In section 4B (age verification policy), in subsection (5) omit paragraph (b).
Displays of products or prices
The Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) is amended as follows.
After section 3 insert—
In section 26(2)(b), after “Chapters” insert “or any regulations made under those Chapters”.
In section 33 (presumption as to contents of container), in subsection (1), at the end insert “or under regulations made under section 3A”.
In section 34 (offences by bodies corporate etc), in subsection (1)(a), after “this Act” insert “or regulations made under it”.
In section 40 (orders and regulations), in subsection (4), at the appropriate place insert— .
Free distribution and discounts
In the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3), after section 8 insert—
In section 40 of that Act (orders and regulations), in subsection (4), at the appropriate place insert— .
In the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 omit section 18.
Alignment of definitions
Section 35 of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) (interpretation of Part 1) is amended as follows.
In subsection (1), at the appropriate place insert— .
In subsection (2), for “cigarette filters” substitute “filters that do not form part of a tobacco product or herbal smoking product”.
In subsection (3), after “order” insert “amend this section so as to”.
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— .
Schedule 8 contains provision for the purposes of aligning the definition of “vaping product” in the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) with that used elsewhere in this Act.
Extension of retailer register etc
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 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
In section 36 of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) (Crown application), in subsection (3), after “on the application” insert “of the Scottish Ministers or”.
The Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) is amended as follows.
After section 34 insert—
In section 40 (orders and regulations), in subsection (4), at the appropriate place insert— .
Sale and distribution: Northern Ireland
Sale of tobacco etc
For Article 3 of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) substitute—
For Article 4A of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) substitute—
After Article 4A 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—
After Article 4B 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—
After Article 4C of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section 75 of this Act) insert—
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 76 of this Act) insert—
After Article 4E of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section 77 of this Act) insert—
After Article 4F of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section 78 of this Act) insert—
Vaping and nicotine products
After Article 4G of Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section 79 of this Act) insert—
The Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) is amended as follows.
After Article 4H (inserted by section 80 of this Act) substitute—
In Article 4A (purchase of tobacco or nicotine products on behalf of persons under 18)—
in paragraph (1), for “tobacco, cigarette papers or a relevant nicotine product” substitute “tobacco products, herbal smoking products or cigarette papers”;
in the heading, for “or nicotine products” substitute “etc”.
After Article 4I of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section 81 of this Act) insert—
Displays of products or prices
After Article 4J of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section 82) insert—
Free distribution and discounts
After Article 4K of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section 83) insert—
Enforcement
Before Article 7 of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) insert—
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—
Retailer register and licensing
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 products.
After section 4 of the Tobacco Retailers Act (Northern Ireland) 2014 (c. 4 (N.I.)) insert—
Schedule 13 contains consequential amendments relating to the licensing of retail sales of tobacco products etc.
Powers to extend legislation
After Article 6A of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section 85 of this Act) insert—
After section 21 of the Tobacco Retailers Act (Northern Ireland) 2014 (c. 4 (N.I.)) insert—
In section 24 of that Act, in subsection (2), for “or 21(4) or (5)” substitute “, 21(4) or (5) or 21A”.
Consequential etc, transitional and transitory provision
See Schedule 14 for consequential amendments coming into force at the end of the period of 6 months beginning with the day on which this Act is passed.
See Schedule 15 for consequential amendments coming into force on 1 January 2027.
In relation to times before 1 January 2027, Article 6A(2) of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section 85 of this Act) has effect as if it included a reference to an offence under Article 5 of the Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991 (S.I. 1991/2872 (N.I. 25)) (display of warning statements).
Snus etc: seizure and detention powers
An officer of Revenue and Customs may, for the purpose of facilitating the exercise by an enforcement authority of any of its functions in relation to the enforcement of a relevant offence, seize any relevant oral tobacco products that have been imported and detain them for not more than 48 hours.
Any products seized and detained under this section must be dealt with during their period of detention in such manner as the Commissioners for His Majesty’s Revenue and Customs may direct.
For the purposes of calculating the 48-hour period mentioned in subsection (1) any period falling on a non-working day is to be disregarded.
In this section— “enforcement authority”— in relation to England or Wales, means a local weights and measures authority; in relation to Scotland, means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; in relation to Northern Ireland, means a district council; “non-working day” means— a Saturday or Sunday, or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom; “relevant offence” means an offence under any of the following (which relate to possession of relevant oral tobacco products with intent to supply)— section 9 (England and Wales); section 9C of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) (Scotland); Article 4G of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)); “relevant oral tobacco product” means a tobacco product that— 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.
The Secretary of State may by regulations amend section 92 for the purpose of extending it to a relevant offence that involves possession of a filter with intent to supply it to another in the course of business.
In subsection (1)— “filter” means a filter that is intended to be used when smoking a tobacco product or herbal smoking product (including a filter that forms part of, or that is intended to be inserted into, an item such as a cigarette holder or pipe); “herbal smoking product” means a product consisting wholly or partly of vegetable matter and intended to be smoked but not containing tobacco; “relevant offence” means an offence created by virtue of regulations under— section 48(2), section 34A(4) of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3), or Article 6B(2) of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)); “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.
Regulations under this section are subject to the affirmative resolution procedure.
Product and information requirements etc
Product requirements etc
The Secretary of State may by regulations make provision about the retail packaging of—
tobacco products;
tobacco related devices;
herbal smoking products;
cigarette papers;
filters;
vaping products;
nicotine products.
The regulations may, in particular, impose prohibitions, requirements or limitations in relation to the production, importation or supply of such products in the course of business.
Provision made by the regulations may, in particular, include provision about—
the markings on packaging (including the use of branding, trademarks or logos);
the information provided on packaging or otherwise supplied with a product;
the appearance of packaging;
the materials used for packaging;
the texture of packaging;
the size of packaging;
the shape of packaging;
the means by which packaging is opened;
any features of packaging which could be used to distinguish between different brands;
the number of individual products contained in an individual packet;
the quantity of a product contained in an individual packet.
Regulations under this section are subject to the affirmative resolution procedure.
The Secretary of State may by regulations make provision about—
the markings on— including the use of branding, trademarks or logos;
tobacco products,
tobacco related devices,
herbal smoking products,
cigarette papers,
filters;
vaping products, or
nicotine products,
the information provided on such products;
the appearance of such products;
the size of such products or their components;
the shape of such products;
any features of such products which could be used to distinguish between different brands;
any technological features of a tobacco related device or vaping product.
The regulations may, in particular, impose prohibitions, requirements or limitations in relation to the production, importation or supply of such products in the course of business.
Regulations under subsection (1)(g) may include provision about software for use in connection with technological features to which the regulations relate.
Regulations under this section are subject to the affirmative resolution procedure.
The Secretary of State may by regulations make provision about—
the substances that may be included in a relevant product or the amount of any given substance that may be included;
the flavour of relevant products;
any product intended to be used in connection with a relevant product with a view to imparting flavour.
In this section “relevant products” means—
tobacco products,
tobacco related devices,
herbal smoking products,
cigarette papers,
filters,
vaping products, or
nicotine products.
The regulations may, in particular, impose prohibitions, requirements or limitations in relation to the production, importation or supply of such products in the course of business.
The regulations may, in particular, make provision about how the flavour of a product is to be determined, including provision for a determination to be made by a person authorised for the purpose by the Secretary of State.
Regulations under this section are subject to the affirmative resolution procedure.
The Secretary of State may by regulations make provision about the nature and amount of the substances that may be released into the body of a person using or of the emissions that may be released by—
tobacco products;
tobacco related devices;
herbal smoking products;
cigarette papers;
filters;
vaping products;
nicotine products.
The regulations may, in particular, impose prohibitions, requirements or limitations in relation to the production, importation or supply of such products in the course of business.
The regulations may, in particular, make provision about how the nature and amount of substances or emissions released by a product are to be determined, including provision for a determination to be made by a person authorised for the purpose by the Secretary of State.
Regulations under this section are subject to the affirmative resolution procedure.
Non-compliant images
The Secretary of State may by regulations prohibit a person from doing the following in the course of business—
publishing an image of the retail packaging of a relevant product from which it is possible to tell that the requirements of regulations under section 94 have not been complied with;
publishing an image of a relevant product from which it is possible to tell that the requirements of regulations under section 95 have not been complied with;
causing the publication of an image of the kind mentioned in paragraph (a) or (b).
In this section “relevant product” means—
a tobacco product,
a tobacco related device,
a herbal smoking product,
cigarette papers,
filters,
a vaping product, or
a nicotine product.
Regulations under this section are subject to the affirmative resolution procedure.
Registration and information requirements
The Secretary of State may by regulations make provision for the establishment of a register of—
tobacco products;
tobacco related devices;
herbal smoking products;
cigarette papers;
filters;
vaping products;
nicotine products.
The regulations may impose prohibitions or limitations on the supply of an unregistered product in the course of business.
The regulations may, in particular, make provision—
about who is to keep the register;
about eligibility for registration or continued registration;
requiring a person to provide the registrar with information that relates to the product or producer;
about the content of the register;
about the expiry, renewal, cancellation or suspension of a product’s registration;
about the publication of the register;
for fees to be payable in respect of registration or continued registration (which may be set at a level that takes into account the cost of exercising functions under or in connection with any regulations under this Part).
Regulations made by virtue of subsection (3)(c) may, in particular, require the provision of—
the reasons for an ingredient’s inclusion in the product;
images (for example, an image of the product or its label or packaging);
information relevant to any risks or suspected risks to human health or safety posed by the product;
information about substances released into the body of a person using the product or about the emissions released by the product;
information about the producer’s operations;
information about any individual nominated by the producer in accordance with regulations under section 102 (responsible person).
Regulations made by virtue of subsection (3)(g) may include provision about the use of fee income (including provision authorising its retention or payment into the Consolidated Fund).
Regulations under this section are subject to the affirmative resolution procedure.
The Secretary of State may by regulations—
require a producer or importer of any of the following products to provide information that relates to the product or its producer to a person specified in the regulations—
tobacco products;
tobacco related devices;
herbal smoking products;
cigarette papers;
filters;
vaping products;
nicotine products;
make provision about the publication of information provided under the regulations.
The regulations may, in particular, require the provision of—
sales data or market research relating to the product.
The regulations may, in particular, make provision about when and how information must be provided.
Regulations under this section are subject to the affirmative resolution procedure.
The Secretary of State may by regulations require a producer of a relevant product—
to carry out a study in relation to the product or an ingredient in it, and
to submit a report on the results of the study to a person specified in the regulations.
In this section “relevant product” means—
a tobacco product,
a tobacco related device,
a herbal smoking product,
cigarette papers,
filters,
a vaping product, or
a nicotine product.
The regulations may, in particular, make provision about—
when and how a study is to be carried out and a report submitted;
the questions that a study must address;
the content and structure of a report.
Regulations under this section are subject to the affirmative resolution procedure.
tobacco products,
tobacco related devices,
herbal smoking products,
cigarette papers,
filters,
vaping products, or
nicotine products.
The regulations may, in particular, make provision about who is eligible to be nominated, including provision requiring a nominee to be resident in, or to have another connection to, the United Kingdom.
The regulations must prohibit a producer from nominating an individual without the individual’s consent.
Regulations under this section are subject to the affirmative resolution procedure.
Quality control and safety
The Secretary of State may by regulations require a person specified in the regulations to carry out tests with a view to determining whether a product complies with a requirement imposed by regulations under this Part.
The regulations may, in particular, make provision—
about how and when tests are to be carried out;
about who may carry out tests on behalf of the person specified under subsection (1);
about the selection of products for testing;
about the provision of samples by producers;
for charges to be payable in respect of tests (which may be set at a level that takes into account the cost of exercising functions under or in connection with any regulations under this Part).
Regulations made by virtue of subsection (2)(e) may include provision about the use of charges received (including provision authorising its retention or payment into the Consolidated Fund).
Regulations under this section are subject to the affirmative resolution procedure.
The Secretary of State may, for the purpose of minimising the risks to human health and safety posed by relevant products, make regulations—
requiring producers or importers to have processes in place for collecting information about the effect of their products on human health and safety;
conferring power on the Secretary of State, in circumstances specified in the regulations, to—
impose a prohibition or limitation on the supply of a product by a producer or importer;
require a producer or importer to recall a product.
In this section “relevant products” means—
tobacco products,
tobacco related devices,
herbal smoking products,
cigarette papers,
filters,
vaping products, or
nicotine products.
Regulations under this section are subject to the affirmative resolution procedure.
Matters dealt with by 2016 Regulations
The Secretary of State may by regulations make provision— so far as that provision could not otherwise be made under this Part.
that is similar to or that corresponds to any provision of the Tobacco and Related Products Regulations 2016 (S.I. 2016/507), other than Part 7 of those Regulations, or
that applies a provision of those Regulations, with or without modifications, to any of the following to which it would not otherwise apply—
tobacco products,
tobacco related devices,
herbal smoking products,
cigarette papers,
filters,
vaping products, or
nicotine products,
The reference in subsection (1) to the Tobacco and Related Products Regulations 2016 (S.I. 2016/507) is to that instrument as it has effect on the day on which this Act is passed.
Regulations under this section are subject to the affirmative resolution procedure.
The Tobacco and Related Products Regulations 2016 (S.I. 2016/507), so far as they contain provision that could be made under a regulation-making power conferred by this Part, are treated for the purposes of section 14 of the Interpretation Act 1978 (implied power to amend or revoke) as having been made under that power.
Supplementary and miscellaneous
Regulations under this Part may create an offence in relation to a failure to comply with the regulations.
Regulations under section 102 may provide that, if a producer commits an offence by reason of— the offence is also committed by the person nominated by the producer in accordance with regulations under section 102.
the provision of false or misleading information to a person in purported compliance with an obligation under such regulations,
Subsection (3) does not limit the power to create offences by virtue of subsections (1) and (2) (and, in particular, to make others liable for offences committed by a body).
Regulations under this Part creating an offence—
may provide for it to be punishable with a term of imprisonment or a fine (or both);
may not provide for the maximum term of imprisonment to exceed 2 years.
Regulations under this Part may include provision about enforcement.
The provision that may be made about enforcement includes—
provision conferring functions on the relevant enforcement authorities;
provision for the appropriate national authority to—
direct, in relation to cases of a particular description or a particular case, that any function conferred on a relevant enforcement authority by virtue of the regulations is to be carried out by the appropriate national authority and not by the relevant enforcement authority;
take over the conduct of any proceedings from a relevant enforcement authority in respect of an offence under this Part.
The provision that may be made about enforcement includes—
provision conferring on a relevant enforcement authority the power to prohibit a person, for a period of up to 6 months, from supplying a product, if the authority has reasonable grounds to suspect that there has been a breach of regulations under this Part in relation to that product;
provision for the forfeiture of products—
in England and Wales or Northern Ireland, by court order;
in Scotland, by order of a sheriff;
provision similar or corresponding to section 92 (HMRC seizure powers).
Provision made by virtue of subsection (3)(a) may include—
provision for compensation to be payable by a relevant enforcement authority in specified circumstances;
provision about the resolution of disputes about compensation.
Regulations under this section may include provision conferring jurisdiction on a court or tribunal, including—
provision conferring jurisdiction to order a person to reimburse a relevant enforcement authority’s expenditure in specified circumstances;
provision about appeals.
In this section— “appropriate national authority” means— in relation to England, the Secretary of State, in relation to Wales, the Welsh Ministers, in relation to Scotland, the Scottish Ministers, and in relation to Northern Ireland, the Department of Health; “relevant enforcement authority” means— in relation to England, a local weights and measures authority, in relation to Wales, a local weights and measures authority, in relation to Scotland, a local weights and measures authority, and in relation to Northern Ireland, a district council; “supplying” includes— agreeing to supply; offering or exposing for supply.
Regulations under this Part may confer discretions.
Regulations under this Part may include provision binding the Crown.
Regulations under this Part which include provision binding the Crown—
must provide that the Crown is not criminally liable as a result of any such provision, and
may confer power on the High Court in England and Wales or Northern Ireland, or the Court of Session in Scotland, to declare unlawful any act or omission for which the Crown would be criminally liable if it were not for provision made by virtue of paragraph (a).
Provision made by virtue of subsection (2)(b) which confers power on the Court of Session to make a declaration must provide that such a declaration may only be made on an application by the Scottish Ministers or a local weights and measures authority in Scotland.
Provision made by virtue of this section does not affect the application of regulations under this Part in relation to persons in the public service of the Crown.
The consequential provision that may be made by regulations under this Part by virtue of section 172(1)(a) includes provision amending, repealing or revoking any legislation (whenever passed or made).
In the Children and Families Act 2014 omit section 94.
In Schedule 15 to the Digital Markets, Competition and Consumers Act 2024 (consumer protection enactments), in Part 1—
in the second part of the Table (secondary legislation) at the appropriate place insert— ;
in the fifth part of the Table (saved legislation) omit the entry for the Tobacco Products (Manufacture, Presentation and Sale) (Safety) Regulations 2002 (S.I. 2002/3041).
Consultation and consent
Before making regulations under this Part the Secretary of State must consult any persons the Secretary of State considers it appropriate to consult.
Before making regulations under this Part the Secretary of State must obtain the consent of—
the Welsh Ministers, if the regulations contain provision which would be within the legislative competence of Senedd Cymru if contained in an Act of the Senedd;
the Scottish Ministers, if the regulations contain provision which would be within the legislative competence of the Scottish Parliament if contained in an Act of the Scottish Parliament;
the Executive Office in Northern Ireland, if the regulations contain provision which—
would be within the legislative competence of the Northern Ireland Assembly if contained in an Act of the Assembly, and
would not, if it were contained in a Bill for an Act of the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.
Interpretation
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; “filter” means a filter that is intended to be used when smoking a tobacco product or herbal smoking product (including a filter that forms part of, or that is intended to be inserted into, an item such as a cigarette holder or pipe); “herbal smoking product” means a product consisting wholly or partly of vegetable matter and intended to be smoked but not containing tobacco; “importer”, in relation to a product, means a person who imports the product into the United Kingdom in the course of business; “medical device” has the meaning given by the Medical Devices Regulations 2002 (S.I. 2002/618); “medicinal product” has the meaning given by the Human Medicines Regulations 2012 (S.I. 2012/1916); “nicotine product” has the meaning given by section 117; “packaging”, in relation to a product, means— the external packaging of the product (including any wrapper), the internal packaging of the product, or any other material attached to or included with the product or anything within paragraph (a) or (b); “production”, in relation to a product, means— the manufacture of the product, or the putting of a name, trademark or other distinguishing mark on the product by a person, the effect of which is to hold the person out as being the manufacturer of the product; (whether in the United Kingdom or elsewhere); “retail packaging”, in relation to a product, means the packaging in which it is, or is intended to be, presented for sale by retail; “supply”, in relation to a product, includes— offering or agreeing to supply it, or exposing or possessing it for supply; “tobacco product” means a product consisting wholly or partly of tobacco and intended to be smoked, sniffed, sucked, chewed or consumed in any other way; “tobacco related device” means— a device, other than a vape, which enables a tobacco product to be consumed (for example, a heated tobacco device or pipe), or an item which is intended to form part of a device within paragraph (a); “vape” means— a device which— vaporises substances, other than tobacco, for the purpose of inhalation through a mouthpiece (whether or not it also vaporises tobacco), and is not a medical device or a medicinal product, or 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 vape, or a vaping substance; “vaping substance” means a substance, other than tobacco, that is intended to be vaporised by a vape; “vaporises” includes aerosolises (and “vaporised” is to be construed accordingly).
In this Part “nicotine product” means—
a device which is intended to enable nicotine to be delivered into the human body,
an item which is intended to form part of a device within paragraph (a),
nicotine, or any substance containing nicotine, which is intended to be delivered into the human body, or
an item containing anything within paragraph (c).
But the following are not “nicotine products” for the purposes of this section—
a tobacco product;
a herbal smoking product;
cigarette papers;
any device which is intended to be used for the consumption of tobacco products or herbal smoking products;
a vaping product;
a medical device;
a medicinal product.
Advertising and sponsorship
Advertising
A person commits an offence if—
the person, acting in the course of business, publishes an advertisement in the United Kingdom whose purpose is or effect will be to promote—
a tobacco product,
a herbal smoking product,
cigarette papers,
a vaping product, or
a nicotine product, and
the person knows or has reason to suspect—
that what they are publishing is or contains the advertisement, and
that the advertisement has that purpose or will have that effect.
A person who commits an offence under this section is liable—
on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both;
on summary conviction—
in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;
in Scotland, to imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both;
in Northern Ireland, to imprisonment for a term not exceeding 6 months, or a fine not exceeding the statutory maximum, or both.
A person commits an offence if—
the person, acting in the course of business, designs an advertisement whose purpose is or effect will be to promote—
a tobacco product,
a herbal smoking product,
cigarette papers,
a vaping product, or
a nicotine product, and
the person knows or has reason to suspect—
that the advertisement has that purpose or will have that effect, and
that the advertisement will be published in the United Kingdom.
A person who commits an offence under this section is liable—
on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both;
on summary conviction—
in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;
in Scotland, to imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both;
in Northern Ireland, to imprisonment for a term not exceeding 6 months, or a fine not exceeding the statutory maximum, or both.
A person commits an offence if—
the person, acting in the course of business, prints an advertisement whose purpose is or effect will be to promote—
a tobacco product,
a herbal smoking product,
cigarette papers,
a vaping product, or
a nicotine product, and
the person knows or has reason to suspect—
that what they are printing is or contains the advertisement,
that the advertisement has that purpose or will have that effect, and
that the advertisement will be published in the United Kingdom.
A person who commits an offence under this section is liable—
on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both;
on summary conviction—
in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;
in Scotland, to imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both;
in Northern Ireland, to imprisonment for a term not exceeding 6 months, or a fine not exceeding the statutory maximum, or both.
A person commits an offence if—
the person, acting in the course of business, distributes an advertisement in the United Kingdom whose purpose is or effect will be to promote—
a tobacco product,
a herbal smoking product,
cigarette papers,
a vaping product, or
a nicotine product, and
the person knows or has reason to suspect—
that what they are distributing is or contains the advertisement, and
that the advertisement has that purpose or will have that effect.
A person who commits an offence under this section is liable—
on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both;
on summary conviction—
in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;
in Scotland, to imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both;
in Northern Ireland, to imprisonment for a term not exceeding 6 months, or a fine not exceeding the statutory maximum, or both.
A person commits an offence if—
the person, acting in the course of business, causes the publication or distribution in the United Kingdom of an advertisement whose purpose is or effect will be to promote—
a tobacco product,
a herbal smoking product,
cigarette papers,
a vaping product, or
a nicotine product, and
the person knows or has reason to suspect—
that they are causing the publication or distribution of the advertisement,
that the advertisement has that purpose or will have that effect, and
that the advertisement will be published or distributed in the United Kingdom.
A person commits an offence if—
the person, acting in the course of business, causes the designing or printing of an advertisement whose purpose is or effect will be to promote—
a tobacco product,
a herbal smoking product,
cigarette papers,
a vaping product, or
a nicotine product, and
the person knows or has reason to suspect—
that they are causing the designing or printing of the advertisement,
that the advertisement has that purpose or will have that effect, and
that the advertisement will be published in the United Kingdom.
A person who commits an offence under this section is liable—
on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both;
on summary conviction—
in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;
in Scotland, to imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both;
in Northern Ireland, to imprisonment for a term not exceeding 6 months, or a fine not exceeding the statutory maximum, or both.
A person who carries on any business in the United Kingdom commits an offence if—
the person, acting in the course of business, provides an internet service by means of which an advertisement is published or distributed in the United Kingdom,
the advertisement’s purpose is or effect will be to promote—
a tobacco product,
a herbal smoking product,
cigarette papers,
a vaping product, or
a nicotine product, and
the person knows or has reason to suspect—
that the advertisement will be published or distributed in the United Kingdom by means of the service that they provide, and
that the advertisement has that purpose or will have that effect.
A person who carries on any business in the United Kingdom commits an offence if—
the person, acting in the course of business, provides an internet service by means of which an advertisement is published or distributed in the United Kingdom,
the advertisement’s purpose is or effect will be to promote—
a tobacco product,
a herbal smoking product,
cigarette papers,
a vaping product, or
a nicotine product,
the person becomes aware of the circumstances set out in paragraphs (a) and (b), and
the person fails to take all reasonable steps to prevent the advertisement from being further viewed by or distributed to the public in the United Kingdom.
A person who commits an offence under this section is liable—
on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both;
on summary conviction—
in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;
in Scotland, to imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both;
in Northern Ireland, to imprisonment for a term not exceeding 6 months, or a fine not exceeding the statutory maximum, or both.
In this section “internet service” means a service that is made available by means of the internet.
For the purposes of subsection (4) a service is “made available by means of the internet” even where it is made available by means of a combination of—
the internet, and
an electronic communications service.
“Electronic communications service” has the same meaning as in the Communications Act 2003 (see section 32(2) of that Act).
providing access to a communication network, or
transmitting, in a communication network, information provided by a user, if the provider does not—
initiate the transmission,
select the recipient of the transmission, or
select or modify the information contained in the transmission.
The references in subsection (1) to providing access to, or transmitting information in, a communication network include storing the information transmitted so far as the storage—
is automatic, intermediate and transient,
is solely for the purpose of carrying out the transmission in the network, and
is for no longer than is reasonably necessary for the transmission.
the storage of the information—
is automatic, intermediate and temporary, and
is solely for the purpose of making more efficient the onward transmission of the information to other users at their request, and
the internet service provider—
does not modify the information,
complies with any conditions attached to having access to the information, and
upon knowing of a matter within subsection (4), promptly removes the information or disables access to it.
The matters within this subsection are—
that the information at the initial source of the transmission has been removed from the network;
that access to the information has been disabled;
that a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information.
when the information was provided, the provider did not know that it was or contained a relevant advertisement, and
upon knowing that the information is or contains a relevant advertisement, the provider promptly removes the information or disables access to it.
In this section— “internet service provider” means a provider of— a service that is made available by means of the internet, or a service that provides access to the internet; “relevant advertisement” means an advertisement whose purpose is, or effect will be, to promote— a tobacco product, a herbal smoking product, cigarette papers, a vaping product, or a nicotine product; “user”, in relation to an internet service provider, means a user of a service provided by the internet service provider.
In the definition of “internet service provider” in subsection (6), a reference to the internet includes a combination of the internet and an electronic communications service (as defined by section 32(2) of the Communications Act 2003).
it is, or is contained in, a communication that is made in the course of business which is part of a relevant trade and it is made for the purpose of that trade and directed solely at relevant persons involved in that trade (see subsection (2)),
it is, or is contained in, a reply to a particular request by an individual for information about a tobacco product, a herbal smoking product, cigarette papers, a vaping product or a nicotine product, or
it is contained in a publication, other than in an in-flight magazine—
which is printed outside the United Kingdom, and
whose principal market is not the United Kingdom (or any part of the United Kingdom).
For the purposes of subsection (1)(a)— “relevant person”: a person is a “relevant person” involved in a relevant trade if the person is engaged in, or employed by, a business which is part of that trade and the person— is responsible for making decisions on behalf of that business about the purchase of tobacco products, herbal smoking products, cigarette papers, vaping products or nicotine products which are to be sold in the course of the business, occupies a position in the management structure of the business which is equivalent in seniority to, or of greater seniority than, that of a person who is responsible as mentioned in paragraph (a), or is responsible for the conduct of the business or is a member of the board of directors or other body of persons (however described) that is responsible for the conduct of the business; “relevant trade” means— the tobacco products trade, the herbal smoking products trade, the cigarette papers trade, the vaping products trade, or the nicotine products trade.
Where in accordance with subsection (1) it is a defence for a person charged with an offence to show a particular matter, the person is taken to show that matter if—
sufficient evidence of the matter is adduced to raise an issue with respect to it, and
the contrary is not proved beyond reasonable doubt.
Where a person is charged with an offence under any of sections 118 to 123 in relation to an advertisement whose purpose is to promote vaping products or nicotine products in general, or a category of such products, it is a defence for the person to show that they knew or reasonably believed that they were acting in accordance with arrangements made by a public authority.
A public authority may only make such arrangements for the purposes of promoting or protecting public health.
Where in accordance with subsection (1) it is a defence for a person charged with an offence to show a particular matter, the person is taken to show that matter if—
sufficient evidence of the matter is adduced to raise an issue with respect to it, and
the contrary is not proved beyond reasonable doubt.
A reference in this section to a “category” of vaping products or nicotine products does not include a brand.
is in a specialist tobacconist,
is not visible from outside the specialist tobacconist,
is not for cigarettes or hand-rolling tobacco, and
complies with the requirements (if any) specified by the appropriate national authority in regulations as to the inclusion of health warnings and information.
Regulations under subsection (1) are subject to the negative resolution procedure.
In this section— “appropriate national authority”— in relation to specialist tobacconists in England, means the Secretary of State, in relation to specialist tobacconists in Wales, means the Welsh Ministers, in relation to specialist tobacconists in Scotland, means the Scottish Ministers, and in relation to specialist tobacconists in Northern Ireland, means the Department of Health in Northern Ireland; “shop” includes a self-contained part of a shop (and, in relation to a self-contained part of a shop, “premises” means that self-contained part); “specialist tobacconist” means a shop selling tobacco products by retail (whether or not it also sells other things) more than half of whose sales on the premises in question derive from the sale of cigars, snuff, pipe tobacco and smoking accessories.
For the purposes of determining whether a shop is a specialist tobacconist, the sales are to be measured by sale price—
during the most recent period of 12 months for which accounts are available, or
during the period for which the shop has been established, if it has not been established long enough for 12 months’ accounts to be available.
No offence is committed under this Part by the display of something that amounts to an advertisement if the display of that thing is subject to the law relating to displays.
For this purpose, the display of something is “subject to the law relating to displays” if—
regulations could be made in respect of the display under section 13 (England);
the display falls within section 1(1) of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) (whether or not an offence is committed under that section in respect of it) or regulations could be made in respect of the display under section 3 or 3A of that Act (Scotland);
regulations could be made in respect of the display under section 14 (Wales);
regulations could be made in respect of the display under Article 4K of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) (Northern Ireland).
Brandsharing
The Secretary of State may by regulations make provision prohibiting or restricting brandsharing in relation to—
tobacco products;
herbal smoking products;
cigarette papers;
vaping products;
nicotine products.
In subsection (1) “brandsharing”, in relation to such a product (a “relevant product”), means— where the purpose of the use is, or the effect of the use will be, to promote the relevant product.
the use in connection with a service or product (other than the relevant product) of anything which is the same as, or similar to, a name, emblem or any other feature identified with the relevant product, or
the use in connection with the relevant product of anything which is the same as, or similar to, a name, emblem or other feature identified with a service or product other than the relevant product,
Regulations under this section may create offences in relation to a failure to comply with the regulations.
The regulations must provide for any offence to be triable either way and punishable—
on conviction on indictment, by imprisonment for a term not exceeding 2 years, or a fine, or both;
on summary conviction—
in England and Wales, by imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;
in Scotland, by imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both;
in Northern Ireland, by imprisonment for a term not exceeding 6 months, or a fine not exceeding the statutory maximum, or both.
Before making regulations under this section the Secretary of State must obtain the consent of—
the Scottish Ministers, if the regulations contain provision which would be within the legislative competence of the Scottish Parliament if contained in an Act of the Scottish Parliament;
the Department of Health in Northern Ireland, if the regulations contain provision which—
would be within the legislative competence of the Northern Ireland Assembly if contained in an Act of the Assembly, and
would not, if it were contained in a Bill for an Act of the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.
Regulations under this section are subject to the affirmative resolution procedure.
Sponsorship
A person commits an offence if—
the person is party to an agreement (entered into at any time),
under the agreement, a party to it, acting in the course of business, makes a contribution towards something,
the purpose of anything done as a result of the agreement is, or its effect will be, to promote a tobacco product in the United Kingdom, and
the person knew or had reason to suspect—
that the contribution referred to in paragraph (b) was made in the course of business, and
that the action referred to in paragraph (c) had that purpose or would have that effect.
A person who commits an offence under this section is liable—
on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both;
on summary conviction—
in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;
in Scotland, to imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both;
in Northern Ireland, to imprisonment for a term not exceeding 6 months, or a fine not exceeding the statutory maximum, or both.
A person commits an offence if—
the person is party to an agreement entered into on or after the day on which this section comes into force,
under the agreement, a party to it, acting in the course of business, makes a contribution towards something,
the purpose of anything done on or after the specified date as a result of the agreement is, or its effect will be, to promote in the United Kingdom—
a herbal smoking product,
cigarette papers,
a vaping product, or
a nicotine product, and
the person knew or had reason to suspect—
that the contribution referred to in paragraph (b) was made in the course of business, and
that the action referred to in paragraph (c) had that purpose or would have that effect.
A person who commits an offence under this section is liable—
on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both;
on summary conviction—
in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;
in Scotland, to imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both;
in Northern Ireland, to imprisonment for a term not exceeding 6 months, or a fine not exceeding the statutory maximum, or both.
In subsection (1) “specified date” means a date specified by the Secretary of State by regulations.
Audiovisual services and radio broadcasting
This Part does not apply in relation to anything included in—
a service falling within section 211(1) of the Communications Act 2003 (independent television services regulated by the Office of Communications) which is not an additional television service (within the meaning of Part 3 of that Act),
a service which—
falls within section 245(1) of the Communications Act 2003 (independent radio services regulated by the Office of Communications), and
is not a digital additional sound service (within the meaning of Part 3 of that Act),
an on-demand programme service (within the meaning given by section 368A of the Communications Act 2003),
a non-UK on-demand programme service that is a Tier 1 service (within the meaning given by sections 368AA and 368HA of the Communications Act 2003 respectively), or
a service provided by the British Broadcasting Corporation or Sianel Pedwar Cymru (the body corporate so named by section 56 of the Broadcasting Act 1990).
Schedule 16 contains—
amendments to extend certain provisions of the Communications Act 2003 to all vaping products and to herbal smoking products, cigarette papers and nicotine products, and
other amendments to that Act made in consequence of this Part.
Offences by bodies
Where an offence under this Part or under regulations made under it— the person (as well as the body) commits the offence and is liable to be proceeded against and punished accordingly.
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
is attributable to neglect on the part of such a person,
In this section— “body” means— a body corporate, a partnership, or an unincorporated association; “relevant person” means— 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; 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; in relation to a limited partnership, a general partner (within the meaning given by section 3 of the Limited Partnerships Act 1907); in relation to any other partnership, a partner; in relation to an unincorporated association, a person who exercises functions of management with respect to it.
Enforcement
It is the duty of an enforcement authority to enforce within its area the provisions of this Part.
In this Part “enforcement authority” means—
in relation to England and Wales, local weights and measures authorities,
in relation to Scotland, local weights and measures authorities, and
in relation to Northern Ireland, district councils.
The appropriate national authority may direct that, in relation to cases of a particular description or in a particular case, the duty imposed on an enforcement authority by section 135 is to be discharged by the appropriate national authority and not by the enforcement authority.
In subsection (1) “appropriate national authority”—
in relation to the giving of a direction to an enforcement authority in England, means the Secretary of State,
in relation to the giving of a direction to an enforcement authority in Wales, means the Welsh Ministers,
in relation to the giving of a direction to an enforcement authority in Scotland, means the Scottish Ministers, and
in relation to the giving of a direction to an enforcement authority in Northern Ireland, means the Department of Health in Northern Ireland.
The Secretary of State may take over the conduct of any proceedings from an enforcement authority in England in respect of an offence committed under this Part.
The Welsh Ministers may take over the conduct of any proceedings from an enforcement authority in Wales in respect of an offence committed under this Part.
The Department of Health in Northern Ireland may take over the conduct of any proceedings from an enforcement authority in Northern Ireland in respect of an offence committed under this Part.
Alignment of definition in old advertising legislation pending replacement
In section 1 of the Tobacco Advertising and Promotion Act 2002 (interpretation), for the definition of “tobacco product” substitute—
Power to extend advertising legislation
The Secretary of State may by regulations amend this Part or any provision of the Communications Act 2003 for the purpose of extending any provision that applies in relation to a tobacco product to—
a filter that does not form part of a tobacco product or herbal smoking product;
a device of a specified description which enables a tobacco product to be consumed (for example, a heated tobacco device or pipe);
an item which is intended to form part of such a device.
Before making regulations under this section the Secretary of State must consult any persons the Secretary of State considers it appropriate to consult.
Before making regulations under this section the Secretary of State must obtain the consent of—
the Welsh Ministers, if the regulations contain provision which would be within the legislative competence of Senedd Cymru if contained in an Act of the Senedd;
the Scottish Ministers, if the regulations contain provision which would be within the legislative competence of the Scottish Parliament if contained in an Act of the Scottish Parliament;
the Department of Health in Northern Ireland, if the regulations contain provision which—
would be within the legislative competence of the Northern Ireland Assembly if contained in an Act of the Assembly, and
would not, if it were contained in a Bill for an Act of the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.
Regulations under this section are subject to the affirmative resolution procedure.
Crown application
This Part and regulations made under it bind the Crown.
Nothing in this Part or regulations made under it makes the Crown criminally liable.
The High Court in England and Wales or Northern Ireland, or the Court of Session in Scotland, may declare unlawful any act or omission for which the Crown would be criminally liable if it were not for subsection (2).
The power of the Court of Session to make a declaration under subsection (3) may only be made on an application by—
the Scottish Ministers, or
a local weights and measures authority in Scotland.
Subsection (2) does not affect the criminal liability of persons in the service of the Crown.
Interpretation
In this Part— “cigarette papers” has the meaning given by section 116; “distributes” includes making available; “enforcement authority” has the meaning given by section 135(2); “filter” has the meaning given by section 116; “herbal smoking product” has the meaning given by section 116; “nicotine product” has the meaning given by section 117; “tobacco product” has the meaning given by section 116; “vaping product” has the meaning given by section 116.
Smoke-free places, vape-free places and other free-from places
England
The Health Act 2006 is amended as follows.
For section 4 substitute—
In section 5 (vehicles)—
in subsection (2), for paragraph (d) substitute— ;
after subsection (3) insert—
In the Health Act 2006—
in section 3, omit subsections (5) and (8) (power to exempt premises by references to performers);
in section 6, in subsection (9) omit from “(and references” to the end;
in section 7—
in subsection (1), in paragraph (a) omit “(including premises which” to the end;
for subsection (3) substitute—
in subsection (5), for “in subsection” substitute “under or by virtue of subsection (3) or”;
in section 8—
omit subsection (2);
after subsection (5) insert— ;
in subsection (6), after “subsection (5)” insert “or (5A)”;
in subsection (8) omit from “(and references” to the end;
in section 79, for “7(6), 8(7)” substitute “7(3) or (6), 8(5A) or (7)”.
Regulation 6 of the Smoke-free (Exemptions and Vehicles) Regulations (S.I. 2007/765) is revoked.
Section 6 of the Health Act 2006 (no-smoking signs) is amended as follows.
For subsection (1) substitute—
After subsection (2) insert—
Omit subsections (3) and (4).
The Health Act 2006 is amended as follows.
After section 8 insert—
Section 12 becomes a new Chapter 1D of Part 1, with the heading “General”.
The Health Act 2006 is amended as follows.
After section 8E (inserted by section 145 of this Act) insert—
Scotland
In the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13)—
in section 4 (meaning of “no-smoking premises” etc), for subsections (2) to (9) substitute— ;
omit sections 4A to 4D (provision about smoking outside hospitals).
In regulation 3 of the Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006 (S.S.I. 2006/90) (“no-smoking premises”)—
in paragraph (1), for the words from “the premises or classes of premises specified” to the end substitute ;
for paragraph (2) substitute— ;
in paragraph (3)—
for the words before paragraph (a) substitute “In this regulation”;
omit paragraph (a);
omit paragraph (f).
The Smoking, Health and Social Care (Scotland) Act 2005 (asp 13) is amended as follows.
For section 3 substitute—
In section 40 (regulations or orders), in subsection (3), for “3(3)” substitute “3”.
The Smoking, Health and Social Care (Scotland) Act 2005 (asp 3) is amended as follows.
For the heading of Part 1 substitute “Smoking, vaping and similar activities”.
Before section 5 insert—
In section 40 (regulations or orders), in subsection (3)(a), before “or paragraph 2” insert “, 4G, 4H(1)”.
The Smoking, Health and Social Care (Scotland) Act 2005 (asp 3) is amended as follows.
After section 4H (inserted by section 150 of this Act) insert—
Wales
The Public Health (Wales) Act 2017 (anaw 2) is amended as follows.
In the Welsh language text of section 13 (additional smoke-free places), after subsection (7) insert—
In the English language text of section 13 (additional smoke-free places), after subsection (7) insert—
In the Welsh language text of section 15 (smoke-free vehicles), after subsection (5) insert—
In the English language text of section 15 (smoke-free vehicles), after subsection (5) insert—
The Public Health (Wales) Act 2017 (anaw 2) is amended as follows.
In the Welsh language text of section 15 (smoke-free vehicles), in subsection (3), for paragraph (d) substitute—
In the English language text of section 15 (smoke-free vehicles), in subsection (3), for paragraph (d) substitute—
Section 17 of the Public Health (Wales) Act 2017 (anaw 2) (no-smoking signs) is amended as follows.
In the Welsh language text—
for subsections (1) and (2) substitute—
after subsection (3) insert—
In the English language text—
for subsections (1) and (2) substitute—
after subsection (3) insert—
The Public Health (Wales) Act 2017 (anaw 2) is amended as follows.
In the Welsh language text, before section 18 (enforcement authorities) insert—
In the English language text, before section 18 (enforcement authorities) insert—
In the Welsh language text and the English language text of section 123, in subsection (2)(a), before “or 50(2)” insert “17B(1),”.
The Public Health (Wales) Act 2017 (anaw 2) is amended as follows.
In the Welsh language text, after section 17F (inserted by section 156) insert—
In the English language text, after section 17F (inserted by section 156) insert—
Northern Ireland
The Smoking (Northern Ireland) Order 2006 (S.I. 2006/2957 (N.I. 20)) is amended as follows.
For Article 5 substitute—
In Article 6 (vehicles)—
in paragraph (2), for sub-paragraph (d) substitute— ;
after paragraph (2) insert—
Article 7 of the Smoking (Northern Ireland) Order 2006 (S.I. 2006/2957 (N.I. 20)) (no-smoking signs) is amended as follows.
For paragraph (1) substitute—
After paragraph (2) insert—
Omit paragraphs (3) and (4).
The Smoking (Northern Ireland) Order 2006 (S.I. 2006/2957 (N.I. 20)) is amended as follows.
Articles 1 and 2 become Part 1, with the heading “Introductory”, and the italic heading before Article 1 is omitted.
In Article 2 (interpretation), in paragraph (3) insert at the appropriate place— .
Articles 3 to 9 (and the italic heading before Article 3) become Part 2, with the heading “Smoking”.
After Article 9 insert—
Articles 10 to 13 become Part 5, with the heading “Enforcement”, and the italic heading before Article 10 is omitted.
Articles 14 to 17 (and the italic heading before Article 14) become Part 6, with the heading “Miscellaneous and supplementary”.
In Article 15 (regulations), in paragraph (3)(a), after “6” insert “, 9A”.
The Smoking (Northern Ireland) Order 2006 (S.I. 2006/2957 (N.I. 20)) is amended as follows.
In Article 2 (interpretation), in paragraph (3) insert at the appropriate place— .
After Article 9D (inserted by section 161 of this Act) insert—
In Article 15 (regulations), in paragraph (3)(a), after “, 9A” (inserted by section 161 of this Act) insert “, 9E”.
Ships
Section 85 of the Merchant Shipping Act 1995 (safety and health on ships) is amended as follows.
In subsection (8)—
in the words before paragraph (a)—
after “prohibition of smoking” insert “or the use of relevant vapes or heated tobacco devices”;
for “smoking provisions” substitute “relevant provisions”;
in paragraph (a), for “smoking provisions” substitute “relevant provisions”;
in paragraph (b), at the end insert “in relation to the relevant provisions”;
in paragraph (c)—
after “enforcement functions” insert “in relation to the relevant provisions”;
after “authorised officers have” insert “in relation to smoking”;
for “(which confers powers of entry, etc., on authorised officers of enforcement authorities in relation to the enforcement of the provisions of that Act in relation to smoking)” substitute “(powers of entry)”;
for paragraph (d) substitute— ;
omit the words after paragraph (d).
After subsection (8) insert—
General
The Secretary of State must—
carry out a review of the operation of this Act during the relevant period, and
prepare and lay before Parliament a report setting out the conclusions of that review.
In carrying out the review the Secretary of State must, in particular—
consider any evidence as to the economic or health impacts of the Act, and
consult—
the Welsh Ministers,
the Scottish Ministers, and
the Department of Health in Northern Ireland.
In this section “the relevant period” means such period as the Secretary of State considers appropriate being a period of not less than 4 years, nor more than 7 years, beginning with the day on which this Act is passed.
To the extent that this Act or regulations made under it would not (but for this section) apply in relation to the Parliamentary Estate, they do so apply.
Schedule 21 contains further consequential amendments.
The Secretary of State may by regulations make provision that is consequential on this Act.
Regulations under this section may amend, repeal or revoke legislation passed or made before, or in the same Session as, this Act (including provision made by this Act).
Regulations under this section that amend, repeal or revoke primary legislation are subject to the affirmative resolution procedure.
Any other regulations under this section are subject to the negative resolution procedure.
In this section “primary legislation” means—
an Act of Parliament,
an Act of the Scottish Parliament,
an Act or Measure of Senedd Cymru, or
Northern Ireland legislation.
The Scottish Ministers may by regulations make provision that is consequential on any of the following—
Part 2 (sale and distribution);
Regulations under this section may amend, repeal or revoke provision made by or under—
an Act passed—
before this Act, or
later in the same session of Parliament as this Act, or
an Act of the Scottish Parliament passed before this Act.
Regulations under this section that amend or repeal provision made by an Act of the Scottish Parliament, or an Act, are subject to the affirmative resolution procedure.
Any other regulations under this section are subject to the negative resolution procedure.
The Welsh Ministers may by regulations make provision that is consequential on any of the following—
Part 1 (sale and distribution);
The only provision that may be made by virtue of this section is provision that would be within the legislative competence of Senedd Cymru if contained in an Act of the Senedd.
Regulations under this section may amend, repeal or revoke provision made by or under—
an Act passed—
before this Act, or
later in the same session of Parliament as this Act, or
an Act or Measure of Senedd Cymru passed before this Act.
Regulations under this section that amend or repeal provision made by an Act or Measure of Senedd Cymru, or an Act, are subject to the affirmative resolution procedure.
Any other regulations under this section are subject to the negative resolution procedure.
A Northern Ireland department may by regulations make provision that is consequential on any of the following—
Part 3 (sale and distribution);
Regulations under this section may amend, repeal or revoke provision made by or under—
an Act passed—
before this Act, or
later in the same session of Parliament as this Act, or
Northern Ireland legislation passed or made before this Act.
Regulations under this section that amend, repeal or revoke any provision of an Act or Northern Ireland legislation are subject to the affirmative resolution procedure.
Any other regulations under this section are subject to the negative resolution procedure.
A power to make regulations under any provision of this Act includes power to make—
consequential, supplementary, incidental, transitional or saving provision;
different provision for different purposes;
different provision for different parts of the United Kingdom.
Regulations made by the Secretary of State under this Act are to be made by statutory instrument.
For regulations made under this Act by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (definition of “Scottish statutory instrument”).
Regulations or orders made by the Welsh Ministers under this Act are to be made by Welsh statutory instrument.
Any power of a Northern Ireland department to make regulations or orders under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
Where regulations under this Act are “subject to the affirmative resolution procedure”, the regulations—
if made by the Secretary of State, may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament;
if made by the Welsh Ministers, are subject to the Senedd approval procedure (see Part 2A of the Legislation (Wales) Act 2019 (anaw 4));
if made by the Scottish Ministers, are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10));
if made by a Northern Ireland department, may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
Where regulations under this Act are “subject to the negative resolution procedure”—
if made by the Secretary of State, the statutory instrument containing them is subject to annulment in pursuance of a resolution of either House of Parliament;
if made by the Welsh Ministers, the regulations are subject to the Senedd annulment procedure (see Part 2A of the Legislation (Wales) Act 2019 (anaw 4));
if made by the Scottish Ministers, the regulations are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10));
if made by a Northern Ireland department, the regulations are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) as if they were a statutory instrument within the meaning of that Act.
Any provision that may be made by the Secretary of State or a Northern Ireland department in regulations under this Act subject to the negative resolution procedure may be made by them in regulations subject to the affirmative resolution procedure.
See also—
section 33 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (combining Scottish subordinate legislation subject to different procedures);
section 37G of the Legislation (Wales) Act 2019 (anaw 4) (combining Welsh subordinate legislation subject to different procedures).
An amendment or repeal made by this Act has the same extent as the provision amended or repealed.
Subject to that—
Part 1 extends to England and Wales only;
Part 2 extends to Scotland only;
Part 3 extends to Northern Ireland only;
Parts 4, 5 and 6 and this Part extend to England and Wales, Scotland and Northern Ireland.
Parts 1 to 4 of this Act (sale and distribution etc) come into force at the end of the period of 6 months beginning with the day on which it is passed, except as provided by subsections (2) to (8).
Any provision of, or amendment made by, Parts 1 to 3 so far as it confers a power to make regulations or relates to the exercise of the power, comes into force on the day on which this Act is passed.
The following (which relate to the age of sale of tobacco etc) come into force on 1 January 2027 (so far as not in force by virtue of subsection (2))—
section 52;
The following provisions come into force (so far as not in force by virtue of subsection (2)) on such day as the Welsh Ministers may by order appoint—
Section 67 (alignment of definition of “tobacco product” in Scottish legislation) comes into force on the day on which this Act is passed.
The following provisions come into force (so far as not in force by virtue of subsection (2)) on such day as the Scottish Ministers may by regulations appoint—
section 63 (age verification in relation to tobacco and vaping products etc);
The following come into force (so far as not in force by virtue of subsection (2)) on such day as the Department of Health in Northern Ireland may by order appoint—
Regulations or orders under this section may appoint different days for different purposes.
Part 5 (product and information requirements etc) comes into force on the day on which this Act is passed.
In Part 6 (advertising and sponsorship)—
section 138 comes into force on the day on which this Act is passed;
the other provisions come into force on such day as the Secretary of State may by regulations appoint.
In Part 7 (smoke-free places, vape-free places and other free-from places)—
Regulations or orders under this section may appoint different days for different purposes.
The Welsh Ministers may by regulations make transitional or saving provision in connection with the coming into force of—
The Scottish Ministers may by regulations make transitional or saving provision in connection with the coming into force of—
Part 2 (sale and distribution: Scotland);
The Department of Health in Northern Ireland may by regulations make transitional or saving provision in connection with the coming into force of—
Part 3 (sale and distribution: Northern Ireland);
The Secretary of State may by regulations make transitional or saving provision in connection with the coming into force of any provision of this Act.
Transitional provision and savings made under this section are additional, and without prejudice, to those made by or under any other provision of this Act.
A power conferred by subsections (1) to (4) includes power to make different provision for different purposes.
A requirement imposed under or by virtue of this Act to consult any persons may be satisfied by consultation carried out before this Act comes into force.
This Act may be cited as the Tobacco and Vapes Act 2026.
Retail licensing scheme: England
This Schedule is about the provision that may be made by regulations under section 16(4).
The regulations must specify a description of local authority (a “licensing authority”) which is to grant licences.
The regulations may—
prohibit a licensing authority from granting a licence unless satisfied as to a matter specified in the regulations;
require a licensing authority to have regard, in deciding whether to grant a licence, to a matter specified in the regulations.
The provision that may be made under sub-paragraph (1)(a) includes—
provision prohibiting a licensing authority from granting a premises licence in respect of premises within an area of a description specified in the regulations;
provision limiting the number of licensed premises within an area of a description specified in the regulations.
The regulations may make provision requiring a licensing authority not to grant a premises licence unless the premises have been inspected in accordance with the regulations.
Any such fee must not exceed an amount specified in, or determined in accordance with, the regulations.
The regulations may make provision for the grant of a licence subject to conditions.
Provision of the kind mentioned in sub-paragraph (1) may—
enable a licensing authority to attach conditions to a licence;
require a licensing authority to attach to a licence a condition specified in the regulations.
The provision that may be made under sub-paragraph (1) includes provision prohibiting or restricting the sale of relevant products within an area of a description specified in the regulations.
The regulations may make provision about the duration, renewal, variation, suspension or revocation of licences.
The provision that may be made under sub-paragraph (1) includes provision conferring power on a court by which a person is convicted of an offence under section 17 to vary, suspend or revoke a licence.
The regulations may make provision for the publication by a licensing authority of information relating to licences granted by the licensing authority.
The regulations must specify the circumstances in which a person may request a review of a decision taken under the regulations.
The regulations must confer a right of appeal to the magistrates’ court against a decision taken on a review.
The regulations may contain provision about time limits for requesting reviews or initiating appeals.
The regulations may require a licensing authority, in carrying out functions under the regulations, to have regard to guidance published by the Secretary of State.
The regulations may confer discretions.
In this Schedule— “grant” includes vary or renew; “licence” means a personal licence or a premises licence; “licensing authority” has the meaning given by paragraph 2; “local authority” means— a county council in England; a district council in England; a London borough council; the Common Council of the City of London (in its capacity as a local authority), the Sub-Treasurer of the Inner Temple or the Under Treasurer of the Middle Temple; the Council of the Isles of Scilly; “personal licence” has the meaning given by section 16(8); “premises licence” has the meaning given by section 16(8); “relevant products” has the meaning given by section 16(8).
Financial penalties for breach of retail licence conditions: England
This Schedule makes further provision in connection with the imposition of financial penalties under section 18.
In this Schedule “relevant district council” has the meaning given by section 18(6).
A local weights and measures authority or relevant district council must, before imposing a financial penalty on a person, give the person written notice (a “notice of intent”) of the proposed financial penalty.
A notice of intent must specify—
the amount of the proposed financial penalty,
the reasons for proposing to impose the penalty,
information about the right to make representations under paragraph 3, and
the date by which any representations must be made.
The date specified under sub-paragraph (2)(d) must be a date more than 28 days after the day on which the notice of intent is given to the person.
The local weights and measures authority or relevant district council may at any time withdraw the notice of intent, or amend it to reduce the amount of the proposed financial penalty, by giving written notice to the person.
A person who is given a notice of intent under paragraph 2 may make written representations to the local weights and measures authority or relevant district council that issued the notice about the proposal to impose a financial penalty.
Any representations must be made within the period (“the period for representations”) ending with the date specified under paragraph 2(2)(d).
After the end of the period for representations the local weights and measures authority or relevant district council must decide whether to impose a financial penalty on the person.
If the local weights and measures authority or relevant district council decides to impose a financial penalty on the person, the authority or council must give the person written notice (a “final notice”) imposing the penalty.
A final notice must specify—
the amount of the financial penalty,
the reasons for imposing the penalty,
the date by which the penalty must be paid,
information about the right of appeal under paragraph 5, and
the consequences of failure to comply with the final notice.
The date specified under sub-paragraph (3)(c) must be a date more than 28 days after the day on which the final notice is given to the person.
The local weights and measures authority or relevant district council may at any time withdraw a final notice, or amend it to reduce the amount of the financial penalty, by giving written notice to the person.
A final notice may not be given more than 28 days after the last day of the period for representations.
A person on whom a financial penalty is imposed under section 18 may appeal to the magistrates’ court against—
the decision to impose the penalty, or
the amount of the penalty.
An appeal under this paragraph must be brought before the end of the period of 28 days beginning with the day after the day on which the final notice is given to the person in accordance with paragraph 4.
On an appeal under this paragraph the magistrates’ court may confirm, reduce or cancel the penalty.
If a person appeals under this paragraph, the final notice is suspended until the appeal is finally determined, withdrawn or abandoned.
This paragraph applies if a person fails to pay the whole or part of a financial penalty before the end of the period within which the person is required to pay the penalty.
The local weights and measures authority or relevant district council that imposed the financial penalty may recover the unpaid amount of the penalty as if it were payable under an order of the county court.
Any sums received in pursuance of final notices given under paragraph 4 must be paid into the Consolidated Fund.
But before paying such sums into the Consolidated Fund the local weights and measures authority or relevant district council may deduct—
the costs of investigating the matters to which the final notices relate, and
the costs of issuing the notices.
Retail licensing scheme: Wales
This Schedule is about the provision that may be made by regulations under section 19(4).
The regulations may—
prohibit a licensing authority from granting a licence unless satisfied as to a matter specified in the regulations;
require a licensing authority to have regard, in deciding whether to grant a licence, to a matter specified in the regulations.
The provision that may be made under sub-paragraph (1)(a) includes—
provision prohibiting a licensing authority from granting a premises licence in respect of premises within an area of a description specified in the regulations;
provision limiting the number of licensed premises within an area of a description specified in the regulations.
The regulations may make provision requiring a licensing authority not to grant a premises licence unless the premises have been inspected in accordance with the regulations.
Any such fee must not exceed an amount specified in, or determined in accordance with, the regulations.
The regulations may make provision for the grant of a licence subject to conditions.
Provision of the kind mentioned in sub-paragraph (1) may—
enable a licensing authority to attach conditions to a licence;
require a licensing authority to attach to a licence a condition specified in the regulations.
The provision that may be made under sub-paragraph (1) includes provision prohibiting or restricting the sale of relevant products within an area of a description specified in the regulations.
The regulations may make provision about the duration, renewal, variation, suspension or revocation of licences.
The provision that may be made under sub-paragraph (1) includes provision conferring power on a court by which a person is convicted of an offence under section 20 to vary, suspend or revoke a licence.
The regulations may make provision for the publication by a licensing authority of information relating to licences granted by the licensing authority.
The regulations must specify the circumstances in which a person may request a review of a decision taken under the regulations.
The regulations must confer a right of appeal to the magistrates’ court against a decision taken on a review.
The regulations may contain provision about time limits for requesting reviews or initiating appeals.
The regulations may require a licensing authority, in carrying out functions under the regulations, to have regard to guidance published by the Welsh Ministers.
The regulations may confer discretions.
In this Schedule— “grant” includes vary or renew; “licence” means a personal licence or a premises licence; “licensing authority”, in relation to the doing of things or the use of premises in a county or county borough in Wales, means the council of the county or county borough; “personal licence” has the meaning given by section 19(8); “premises licence” has the meaning given by section 19(8); “relevant products” has the meaning given by section 19(8).
Financial penalties for breach of retail licence conditions: Wales
This Schedule makes further provision in connection with the imposition of financial penalties under section 21.
A local weights and measures authority must, before imposing a financial penalty on a person, give the person written notice (a “notice of intent”) of the proposed financial penalty.
A notice of intent must specify—
the amount of the proposed financial penalty,
the reasons for proposing to impose the penalty,
information about the right to make representations under paragraph 3, and
the date by which any representations must be made.
The date specified under sub-paragraph (2)(d) must be a date more than 28 days after the day on which the notice of intent is given to the person.
The local weights and measures authority may at any time withdraw the notice of intent, or amend it to reduce the amount of the proposed financial penalty, by giving written notice to the person.
A person who is given a notice of intent under paragraph 2 may make written representations to the local weights and measures authority that issued the notice about the proposal to impose a financial penalty.
Any representations must be made within the period (“the period for representations”) ending with the date specified under paragraph 2(2)(d).
After the end of the period for representations the local weights and measures authority must decide whether to impose a financial penalty on the person.
If the local weights and measures authority decides to impose a financial penalty on the person, the authority must give the person written notice (a “final notice”) imposing the penalty.
A final notice must specify—
the amount of the financial penalty,
the reasons for imposing the penalty,
the date by which the penalty must be paid,
information about the right of appeal under paragraph 5, and
the consequences of failure to comply with the final notice.
The date specified under sub-paragraph (3)(c) must be a date more than 28 days after the day on which the final notice is given to the person.
The local weights and measures authority may at any time withdraw a final notice, or amend it to reduce the amount of the financial penalty, by giving written notice to the person.
A final notice may not be given more than 28 days after the last day of the period for representations.
A person on whom a financial penalty is imposed under section 21 may appeal to the magistrates’ court against—
the decision to impose the penalty, or
the amount of the penalty.
An appeal under this paragraph must be brought before the end of the period of 28 days beginning with the day after the day on which the final notice is given to the person in accordance with paragraph 4.
On an appeal under this paragraph the magistrates’ court may confirm, reduce or cancel the penalty.
If a person appeals under this paragraph, the final notice is suspended until the appeal is finally determined, withdrawn or abandoned.
This paragraph applies if a person fails to pay the whole or part of a financial penalty before the end of the period within which the person is required to pay the penalty.
The local weights and measures authority that imposed the financial penalty may recover the unpaid amount of the penalty as if it were payable under an order of the county court.
Any sums received in pursuance of final notices given under paragraph 4 must be paid into the Welsh Consolidated Fund.
But before paying such sums into the Welsh Consolidated Fund the local weights and measures authority may deduct—
the costs of investigating the matters to which the final notices relate, and
the costs of issuing the notices.
Handing over tobacco etc to underage people in Wales
The Public Health (Wales) Act 2017 (anaw 2) is amended as follows.
In the heading of Part 3—
in the Welsh language text, after “tybaco” insert “, cynhyrchion fepio”;
in the English language text, after “tobacco” insert “, vaping products”.
In the heading of Chapter 4 of Part 3—
in the Welsh language text omit “i bersonau o dan 18 oed”;
in the English language text omit “to persons under 18”.
In the Welsh language text, before section 52 insert—
In the English language text, before section 52 insert—
The Welsh language text of section 52 is amended as follows.
In the heading, for “tybaco etc.” substitute “cynhyrchion fepio a chynhyrchion nicotin”.
In subsection (1)—
in paragraph (a), for “dybaco, papurau sigaréts neu gynhyrchion nicotin” substitute “gynhyrchion fepio neu”;
in paragraph (c), for “tybaco neu bapurau sigaréts neu gynhyrchion nicotin” substitute “cynhyrchion fepio neu”;
in paragraph (d), for “tybaco, y papurau sigaréts neu’r cynhyrchion nicotin” substitute “cynhyrchion fepio neu’r”.
In subsection (2), for “tybaco, y papurau sigaréts neu’r cynhyrchion nicotin” substitute “cynhyrchion fepio neu”.
In subsection (4)(a), for “tybaco, y papurau sigaréts neu’r cynhyrchion nicotin” substitute “cynhyrchion fepio neu”.
Omit subsection (7).
The English language text of section 52 is amended as follows.
In the heading, for “tobacco etc.” substitute “vaping and nicotine products”.
In subsection (1)—
in paragraph (a), for “tobacco, cigarette papers or” substitute “vaping products or”;
in paragraph (c), for “tobacco or cigarette papers or” substitute “vaping products or”;
in paragraph (d), for “tobacco, cigarette papers or” substitute “vaping products or”.
In subsection (2), for “tobacco, cigarette papers or” substitute “vaping products or”.
In subsection (4)(a), for “tobacco, cigarette papers or” substitute “vaping products or”.
Omit subsection (7).
The Welsh language text of section 53 is amended as follows.
In subsection (1)—
in the words before paragraph (a), for “tybaco, papurau sigaréts neu gynhyrchion nicotin” substitute “cynnyrch perthnasol”;
in paragraph (a), for “tybaco, y papurau sigaréts neu’r cynhyrchion nicotin gael eu danfon” substitute “cynnyrch perthnasol gael ei ddanfon”;
in paragraph (b), for “tybaco, y papurau sigaréts neu’r cynhyrchion nicotin o dan sylw” substitute “cynnyrch perthnasol”.
In subsection (2)—
in the words before paragraph (a), for “tybaco, papurau sigaréts neu gynhyrchion nicotin” substitute “cynnyrch perthnasol”;
in paragraph (a), for “tybaco, y papurau sigaréts neu’r cynhyrchion nicotin gael eu casglu” substitute “cynnyrch perthnasol gael ei gasglu”;
in paragraph (b), for “tybaco, y papurau sigaréts neu’r cynhyrchion nicotin o dan sylw” substitute “cynnyrch perthnasol”.
After subsection (3) insert—
The English language text of section 53 is amended as follows.
In subsection (1)—
in the words before paragraph (a), for “tobacco, cigarette papers or nicotine products” substitute “a relevant product”;
in paragraph (a), for “tobacco, cigarette papers or nicotine products” substitute “relevant product”;
in paragraph (b), for “tobacco, cigarette papers or nicotine products concerned” substitute “relevant product”.
In subsection (2)—
in the words before paragraph (a), for “tobacco, cigarette papers or nicotine products” substitute “a relevant product”;
in paragraph (a), for “tobacco, cigarette papers or nicotine products” substitute “relevant product”;
in paragraph (b), for “tobacco, cigarette papers or nicotine products concerned” substitute “relevant product”.
After subsection (3) insert—
In the Welsh language text, after section 54 insert—
In the English language text, after section 54 insert—
For the Welsh language text of section 55 substitute—
For the English language text of section 55 substitute—
In the Welsh language text of section 123, in subsection (2), for “neu 50(2)” substitute “, 50(2) neu 54A”.
In the English language text of section 123, in subsection (2)(a), for “or 50(2)” substitute “, 50(2) or 54A”.
Part 1: consequential amendments commencing after 6 months
The Children and Young Persons Act 1933 is amended as follows.
Omit sections 12A to 12D and the italic heading before those sections.
Omit section 102.
The Children and Young Persons (Protection from Tobacco) Act 1991 is amended as follows.
Omit sections 3 and 3A.
Section 4 is amended as follows.
Omit subsection (2).
In subsections (3) and (4) omit “or (2).”
In the heading omit “and on vending machines”.
Omit section 5.
The Tobacco Advertising and Promotion Act 2002 is amended as follows.
Omit section 9.
In section 17, in subsection (1) omit “9(5),”.
The Health Act 2006 is amended as follows.
Omit Chapter 2 of Part 1.
Section 79 is amended as follows.
In subsection (4) omit paragraph (b).
In subsection (4A) omit paragraph (b) (but not the “or” at the end).
In the Criminal Justice and Immigration Act 2008 omit section 143 and the italic heading before that section.
Schedule 3 to the Regulatory Enforcement and Sanctions Act 2008 is amended as follows.
At the appropriate place insert— .
Omit the reference to section 92 of the Children and Families Act 2014.
The Health Act 2009 is amended as follows.
Omit section 22.
In Schedule 4 omit paragraph 1 and the italic heading before that paragraph.
The Children and Families Act 2014 is amended as follows.
Section 91 is amended as follows.
In the heading omit “, nicotine products”.
In subsection (1), for “, cigarette papers or a relevant nicotine product” substitute “or cigarette papers”.
Omit subsection (5).
Omit subsection (8).
In section 135, in subsection (6) omit paragraph (d).
In the Tobacco and Related Products Regulations 2016 omit regulation 17.
The Public Health (Wales) Act 2017 is amended as follows.
Section 32 is amended as follows.
In subsection (2)—
in the Welsh language text, for “adran 12A o Ddeddf Plant a Phobl Ifanc 1933 (p.12)” substitute “adran 23 o Ddeddf Tybaco a Fêps 2026”;
in the English language text, for “section 12A of the Children and Young Persons Act 1933 (c. 12)” substitute “section 23 of the Tobacco and Vapes Act 2026”.
In subsection (3)—
in the Welsh language text, for “adran 12B o Ddeddf Plant a Phobl Ifanc 1933 (p.12)” substitute “adran 28 o Ddeddf Tybaco a Fêps 2026”;
the English language text, for “section 12B of the Children and Young Persons Act 1933 (c. 12)” substitute “section 28 of the Tobacco and Vapes Act 2026”.
Omit Chapter 3 of Part 3.
Omit section 54.
In Schedule 2 omit paragraph 17.
In Schedule 15 to the Digital Markets, Competition and Consumers Act 2024, in Part 1, in the first part of the Table (Acts of Parliament), at the appropriate place (according to alphabetical order of Acts mentioned) insert—
Part 1: consequential amendments commencing on 1 January 2027
In the Children and Young Persons Act 1933 omit section 7.
The Protection of Children (Tobacco) Act 1986 is repealed.
The Children and Young Persons (Protection from Tobacco) Act 1991 is repealed.
In Schedule 13 to the Local Government etc (Scotland) Act 1994 omit paragraph 169 and the italic heading before that paragraph.
In Schedule 5 to the Police Reform Act 2002 omit paragraph 6 and the italic heading before that paragraph.
In Schedule 8 to the Courts Act 2003 omit paragraph 72.
The Regulatory Enforcement and Sanctions Act 2008 is amended as follows.
In Schedule 3 omit the reference to the Children and Young Persons (Protection from Tobacco) Act 1991.
Schedule 6 is amended as follows.
Omit the reference to section 7(1) of the Children and Young Persons Act 1933.
Omit the reference to the Children and Young Persons (Protection from Tobacco) Act 1991.
In Schedule 2 to the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) omit paragraph 2 and the italic heading before that paragraph.
In Schedule 16 to the Police Reform and Social Responsibility Act 2011 omit paragraph 67.
In the Children and Families Act 2014 omit section 91.
In Schedule 15 to the Digital Markets, Competition and Consumers Act 2024, in Part 1, in the Table omit the entries relating to—
section 7(1) and (2) of the Children and Young Persons Act 1933;
section 4 of the Children and Young Persons (Protection from Tobacco) Act 1991.
Alignment of definition of “vaping product” in Scottish legislation
The Tobacco and Primary Medical Services (Scotland) Act 2010 is amended as follows.
For the heading of Part 1 substitute “Tobacco, vaping and nicotine products”.
In the heading of Chapter 2 of Part 1, for “nicotine vapour” substitute “vaping”.
In section 10 (register of tobacco and nicotine vapour product retailers)—
in subsection (1), for “nicotine vapour” substitute “vaping”;
in the heading, for “nicotine vapour” substitute “vaping”.
In section 11 (application for registration and addition of premises etc.), in subsections (2)(b) and (c), (2A)(b) and (c), (3)(b), (4)(b) and (5), for “nicotine vapour”, in each place it occurs, substitute “vaping”.
In section 12 (certificates of registration), in subsection (2)(b) and (c), for “nicotine vapour” substitute “vaping”.
In section 13 (duty to notify registrar of changes), in subsection (1)(c), for “nicotine vapour” substitute “vaping”.
In section 14 (changes to and removal from register), in subsections (2), (3)(b) and (5)(b), for “nicotine vapour” substitute “vaping”.
In the italic heading before section 15, for “nicotine vapour” substitute “vaping”.
In section 15 (tobacco and nicotine vapour product banning orders)—
in subsections (1), (2), (3), (4)(c) and (6), for “nicotine vapour” substitute “vaping”;
in the heading, for “nicotine vapour” substitute “vaping”.
In section 16 (tobacco and nicotine vapour product banning orders: ancillary orders)—
in subsections (1)(a) and (b), (2)(a)(i) and (ii) and (b)(i), (ii) and (iii), (3)(b), (4) and (5), for “nicotine vapour” substitute “vaping”;
in the heading, for “nicotine vapour” substitute “vaping”.
In section 17 (tobacco and nicotine vapour product banning orders etc.: appeals)—
in subsections (1) and (3), for “nicotine vapour” substitute “vaping”;
in the heading, for “nicotine vapour” substitute “vaping”.
In section 18 (tobacco and nicotine vapour product banning orders etc.: notification to Scottish Ministers)—
in subsection (1), for “nicotine vapour” substitute “vaping”;
in the heading, for “nicotine vapour” substitute “vaping”.
In section 19 (tobacco and nicotine vapour product banning orders: display of notices)—
in subsections (1)(a), (3)(a) and (c) and (4), for “nicotine vapour” substitute “vaping”;
in the heading, for “nicotine vapour” substitute “vaping”.
In section 20 (offences relating to the register), in subsections (1), (2), (2A) and (4), for “nicotine vapour”, in each place it occurs, substitute “vaping”.
In the italic heading above section 21, for “nicotine vapour” substitute “vaping”.
In section 21 (public inspection of the register), in subsection (1)(b) and (c), for “nicotine vapour” substitute “vaping”.
In section 35 (interpretation), in subsection (1)—
omit the definition of “nicotine vapour product business”;
in the definition of “tobacco or nicotine vapour product business”, for “nicotine vapour” substitute “vaping” in both places;
at the appropriate places insert— ; ; ; ; ; ;
Omit section 35A (meaning of “nicotine vapour product”).
In any legislation passed at a time before this Schedule comes into force, and in any instrument or other document made before that time under or for the purposes of the Tobacco and Primary Medical Services (Scotland) Act 2010, any reference to a nicotine vapour product (within the meaning of section 35A of that Act before its repeal by this Schedule) is to be read, in relation to times after this Schedule comes into force, as a reference to a vaping product (within the meaning of section 35 of that Act).
Extension of retailer register etc: Scotland
The Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) is amended as follows.
In the heading of Part 1, after “Tobacco,” insert “herbal smoking,”.
In the heading of Chapter 2 of Part 1, for “and vaping” substitute “, herbal smoking, vaping and nicotine”.
In section 10 (register of tobacco and nicotine vapour product retailers)—
for subsection (1) substitute— ;
after subsection (2) insert—
in the heading, for “and vaping” substitute “, herbal smoking, vaping and nicotine”.
Section 11 (application for registration and addition of premises etc.) is amended as follows.
In subsection (2)(b) and (c), for “tobacco or vaping product” substitute “registrable”.
For subsection (2A) substitute—
In subsection (3)(b)—
for “tobacco and vaping product banning order” substitute “banning order”;
for “tobacco or vaping product business” substitute “registrable business”.
For subsection (4)(b) substitute— .
For subsection (5) substitute—
In section 12 (certificates of registration), for subsection (2) substitute—
In section 13 (duty to notify certain changes), in subsection (1), for paragraph (c) substitute—
In section 14 (changes to and removal from register)—
in subsection (2) omit “tobacco and vaping product”;
in subsection (3)(b), for “tobacco or vaping product” substitute “registrable”;
in subsection (5)(b), for “tobacco or vaping product” substitute “registrable”.
In the italic heading before section 15 omit “Tobacco and vaping product”.
In section 15 (tobacco and vaping product banning orders)—
in subsections (1), (2) and (3), for “tobacco or vaping product” substitute “registrable”;
in subsection (4)(c)—
after “, tobacco products” insert “, herbal smoking products”;
for “or vaping products” substitute “, vaping products or nicotine products”;
in subsection (6) omit “tobacco and vaping product”;
in the heading omit “Tobacco and vaping product”.
In section 16 (tobacco and vaping product banning orders: ancillary orders)—
in subsections (1)(a) and (b) omit “tobacco and vaping product”;
in subsection (2)(a)(i) and (ii) and (b)(i), (ii) and (iii), for “tobacco or vaping product” substitute “registrable”;
in subsections (3)(b), (4) and (5) omit “tobacco and vaping product”;
in the heading omit “Tobacco and vaping product”.
In section 17 (tobacco and vaping product banning orders etc.: appeals)—
in subsections (1) and (3) omit “tobacco and vaping product”;
in the heading omit “Tobacco and vaping product”.
In section 18 (tobacco and vaping product banning orders etc.: notification to Scottish Ministers)—
in subsection (1) omit “tobacco and vaping product”;
in the heading omit “Tobacco and vaping product”.
In section 19 (tobacco and vaping product banning orders: display of notices)—
in subsections (1)(a) and (3)(a) and (c) omit “tobacco and vaping product”;
in subsection (4)—
after “tobacco products” insert “, herbal smoking products”;
for “or vaping products” substitute “, vaping products or nicotine products”;
in the heading omit “Tobacco and vaping product”.
In section 20 (offences relating to the register)—
in subsection (1), for “tobacco or vaping product” substitute “registrable”;
for subsections (2) and (2A) substitute— ;
in subsection (4) omit “tobacco and vaping product”;
in subsection (6)(a), in the words before sub-paragraph (i) omit “, (2A)”.
In the italic heading above section 21, for “and vaping” substitute “, herbal smoking, vaping and nicotine”.
In section 21 (public inspection of register), for subsection (1) substitute—
In section 22 (council access to Register), in subsection (2), for “may by” substitute “may be”.
In section 35 (interpretation), in subsection (1)—
omit the definitions of “tobacco or vaping product business” and “tobacco retailing banning order”;
at the appropriate places insert— ; ; ; .
Extension of retailer register: Northern Ireland
The Tobacco Retailers Act (Northern Ireland) 2014 (c. 4 (N.I.)) is amended as follows.
In the italic heading before section 1, after “tobacco” insert “, vaping product and nicotine product”.
In section 1 (register of tobacco retailers)—
for subsection (1) substitute— ;
in subsection (2)(a), for “tobacco” substitute “registrable”;
after subsection (6) insert— ;
in the heading, after “tobacco” insert “, vaping product and nicotine product”.
In section 2 (application for registration)—
in subsection (1)—
omit the “or” at the end of paragraph (a);
at the end of paragraph (b) insert ;
in subsection (2)—
in paragraphs (b) and (c), for “tobacco” substitute “registrable”;
after paragraph (c) insert— ;
in subsection (5)—
in paragraph (b), for “tobacco” substitute “registrable”;
after paragraph (b) insert— ;
in subsection (6)—
in paragraph (a), for “tobacco” substitute “registrable”;
after paragraph (a) insert— ;
after subsection (6) insert—
In section 3 (duty to notify certain changes), in subsection (1), after paragraph (b) insert
In section 4 (changes to and removal from the Register), in subsections (3)(b) and (4)(b), for “tobacco” substitute “registrable”.
In section 10 (offences)—
in subsection (1), for “tobacco” substitute “registrable”;
for subsection (2) substitute—
In section 22 (interpretation), in subsection (1), at the appropriate places insert— ; ; .
Retail licensing scheme in Northern Ireland
In the Tobacco Retailers Act (Northern Ireland) 2014 (c. 4 (N.I.)), after section 26 insert—
Financial penalties for breach of retail licence conditions in Northern Ireland
Licensing of retail sales of tobacco products etc: consequential amendments
The Tobacco Retailers Act (Northern Ireland) 2014 is amended as follows.
In section 5, in subsection (14)—
after paragraph (d) insert— ;
omit paragraph (f).
after paragraph (d) insert— ;
omit paragraph (e).
Omit the italic heading before section 10.
Section 10 is amended as follows.
Omit subsections (1), (2) and (3).
In subsection (9), omit paragraphs (a) and (b).
In the heading, after “Offences” insert “in connection with restricted premises orders and restricted sales orders”.
In the italic heading before section 11, for “Enforcement” substitute “General enforcement”.
In section 11, in subsection (1)(a)(i), after “section” insert “4B or”.
In section 12, in subsection (1)(a)—
after “section” insert “4B or”;
omit “(1), (2), (3),”.
Section 16 is amended as follows.
In subsection (1)—
omit “, the registration authority” in each place it occurs;
before paragraph (a) insert— .
In subsection (2), omit “or the registration authority” in each place it occurs.
Omit section 21.
In section 22, in subsection (1) omit the following definitions—
“nicotine product business”;
“the Register”;
“registered”, “unregistered”, and “the registration authority”;
“registrable business”;
“tobacco business”;
“vaping product business”.
In section 23, omit subsections (3) and (4).
In section 24, in subsection (2), for “2(7)” substitute “4A”.
This Act is amended as follows.
In Schedule 14, omit paragraphs 14 and 16.
In Schedule 15, omit paragraph 9.
Part 3: consequential and other amendments commencing after 6 months
The Health and Personal Social Services (Northern Ireland) Order 1978 is amended as follows.
In the heading of Part 2 of that Order omit “to persons apparently under 18”.
Before Article 3 insert a new italic heading “Tobacco products etc”.
In Article 3(1), after “tobacco” insert “product, herbal smoking product”.
Omit Article 4.
In Article 5(1) and (2), after “tobacco” insert “products, herbal smoking products”.
In Article 6—
for “this Part” substitute “Article 3 or 5”;
in paragraphs (a) and (b), after “tobacco” insert “products, herbal smoking products”;
in the words after paragraph (b), after “tobacco” insert “products or herbal smoking products”.
The Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991 is amended as follows.
Omit Article 4.
Omit Article 4A.
Article 5 is amended as follows.
In paragraph (1)—
for “tobacco is” substitute “tobacco products are”;
after “the tobacco” insert “products”;
after “sale of tobacco” insert “products”.
Omit paragraph (2).
In paragraphs (3) and (4) omit “or (2)”.
In paragraph (6), for the definition of “tobacco” substitute—
In the heading omit “and on vending machines”.
Omit Article 6.
In Article 7 omit paragraphs (2) and (3).
The Tobacco Retailers Act (Northern Ireland) 2014 is amended as follows.
In section 2, in subsection (3)(b), for “tobacco” substitute “a tobacco product or herbal smoking product”.
In section 4, in subsection (2)(b), for “tobacco” substitute “a tobacco product or herbal smoking product”.
In the italic heading before section 5, for “or nicotine” substitute “, vape or nicotine”.
Section 5 is amended as follows.
In subsection (1)(a) and (b), for “or nicotine” substitute “, vape or nicotine”.
In subsection (4), for “of any tobacco, cigarette papers or nicotine products to any person” substitute
In subsection (5) omit “of tobacco, cigarette papers or nicotine products”.
In subsection (8)(b)(i) and (ii), for “or nicotine” substitute “, vape or nicotine”.
In subsection (13)(a), for “or nicotine” substitute “, vape or nicotine”.
In subsection (14)—
for “and section 6 “tobacco or nicotine offence”” substitute ““tobacco, vape or nicotine offence””;
in paragraph (a), after “Article 3” insert “or 4H”;
after paragraph (a) insert— ;
omit paragraph (b);
in paragraph (c), for “tobacco” substitute “a tobacco product or herbal smoking product”;
at the end of paragraph (d) insert “or”;
omit paragraphs (e), (g) and (h).
Section 6 is amended as follows.
In subsection (1)(a) and (b), for “or nicotine” substitute “, vape or nicotine”.
In subsection (4)—
in paragraphs (a) and (b), for “tobacco, cigarette papers or nicotine products” substitute “tobacco products, herbal smoking products, cigarette papers, vaping products or nicotine products”;
in paragraphs (c) and (d), for “tobacco or nicotine products” substitute “tobacco products, herbal smoking products, cigarette papers, vaping products or nicotine products”.
In subsection (6)(a) and (b), for “or nicotine” substitute “, vape or nicotine”.
In subsection (7), for “or nicotine” substitute “, vape or nicotine”.
For subsection (8) substitute—
In section 8, in subsection (4), for “tobacco, cigarette papers or nicotine products” substitute “tobacco products, herbal smoking products, cigarette papers, vaping products or nicotine products”.
Section 9 (restricted premises orders: no tobacco in retail area) is amended as follows.
In the heading, for “or nicotine products” substitute “, vaping products or nicotine products”.
In subsection (2), for “tobacco, cigarette papers or nicotine products” substitute “tobacco products, herbal smoking products, cigarette papers, vaping products or nicotine products”.
In subsection (3), for “tobacco, cigarette papers and nicotine products” substitute “tobacco products, herbal smoking products, cigarette papers, vaping products and nicotine products”.
In section 10, in subsection (4)(a), for “tobacco, cigarette papers or nicotine products” substitute “tobacco products, herbal smoking products, cigarette papers, vaping products or nicotine products”.
In section 11, in subsection (1)(a)—
in sub-paragraph (ii), for “Article 3, 4 or 4A” substitute “any provision made by or under Part 2”;
in sub-paragraph (iii) omit “4, 4A or”;
omit sub-paragraphs (iv) and (v).
In section 12, in subsection (1)—
in paragraph (b), for “Article 3, 4 or 4A” substitute “any provision made by or under Part 2”;
in paragraph (c) omit “4, 4A or”;
omit paragraphs (d) and (e).
Section 16 is amended as follows.
In subsection (1)(a) and (b), for “or nicotine” substitute “, vape or nicotine”.
For subsection (3) substitute—
In section 22, in subsection (1)—
omit the definition of “cigarettes”;
for the definition of “nicotine product” substitute— ;
for the definition of “tobacco” substitute— ;
in the definition of “tobacco business”, for “tobacco” substitute “tobacco products, herbal smoking products”;
at the appropriate places insert— ; ; ; .
The Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 is amended as follows.
In the heading of Part 1, for “Sale or use” substitute “Use”.
In the Health Act 2009 omit section 23.
The Digital Markets, Competition and Consumers Act 2024 is amended as follows.
In section 151 (consumer protection law: enforcers), in subsection (1), after paragraph (h) insert— .
In Schedule 15 (consumer protection enactments), in Part 1, in the Table—
in the entry relating to Article 5 of the Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991 (S.I. 1991/2872 (N.I. 25)), in column 2, in paragraph (1), before sub-paragraph (a) insert— ;
in the entry relating to Articles 3 and 4 of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26))—
in column 1, for “Articles 3 and 4” substitute “Part 2”;
in column 2, in paragraph (1), before sub-paragraph (a) insert— .
Part 3: consequential amendments commencing on 1 January 2027
In the Health and Personal Social Services (Northern Ireland) Order 1978 omit Articles 5 and 6.
The Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991 is revoked.
Schedule 2A to the Police (Northern Ireland) Act 2003 is amended as follows.
Omit paragraph 7 and the italic heading before it.
In paragraph 8—
omit sub-paragraph (2);
in sub-paragraphs (3), (4) and (5) omit “or (2)”.
The Smoking (Northern Ireland) Order 2006 is amended as follows.
In Article 1, in paragraph (3)(h), for “14 to” substitute “15 and”.
Omit Article 14 (power to change age of sale for tobacco, etc).
In Article 15, in paragraph (3)(a) omit “or 14”.
The Tobacco Retailers Act (Northern Ireland) 2014 is amended as follows.
In section 1, in subsection (4) omit paragraph (c).
In section 11, in subsection (1)(a) omit sub-paragraph (iii).
In section 12, in subsection (1) omit paragraph (c).
Omit section 18.
In Schedule 15 to the Digital Markets, Competition and Consumers Act 2024, in Part 1, in the Table omit the entry relating to Article 5 of the Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991 (S.I. 1991/2872 (N.I. 25)).
Advertising etc: audiovisual and radio broadcasting
The Communications Act 2003 is amended as follows.
In section 319 (OFCOM’s standards code for television and radio) for subsections (10) and (11) substitute—
Section 368F (on-demand programme services: prohibited advertising) is amended as follows.
In subsection (1), for paragraph (aa) substitute— .
After subsection (1) insert—
Section 368G (on-demand programme services: prohibited sponsorship) is amended as follows.
In subsection (1)—
in paragraph (a), after “other tobacco products” insert “, herbal smoking products or cigarette papers”;
in paragraph (b), after “other tobacco products” insert “, herbal smoking products or cigarette papers (or of two or more of those products)”.
In subsection (1A)—
in paragraph (a), for “electronic cigarettes or electronic cigarette refill containers” substitute “vaping products or nicotine products”;
in paragraph (b), for “electronic cigarettes or electronic cigarette refill containers” substitute “vaping products or nicotine products (or both)”.
Section 368H (on-demand programme services: prohibited product placement) is amended as follows.
In subsection (4)—
in paragraph (b), after “tobacco products” insert “(or both)”;
for paragraphs (ba) and (bb) substitute— .
For subsections (15A) and (15B) substitute—
In section 368R (interpretation of Part 4A), in subsection (1)—
omit the definitions of “electronic cigarette” and “electronic cigarette refill container”;
at the appropriate places insert— ; ; ;
for the definition of “tobacco product” substitute—
Schedule 11A (restrictions on product placement) is amended as follows.
In paragraph 4—
in paragraph (b), after “tobacco products” insert “(or both)”;
for paragraphs (ba) and (bb) substitute— .
In paragraph 9—
omit the definitions of “electronic cigarette” and “electronic cigarette refill container”;
for the definition of “tobacco product” substitute— ;
at the appropriate places insert— ; ; ;
The Health Act 2006 is amended as follows.
Section 2 is amended as follows.
For subsection (2) substitute—
In subsection (3), for “used as a place of work mentioned in subsection (2)” substitute “a workplace”.
For subsections (7) and (8) substitute—
Section 9 (fixed penalties) is amended as follows.
In subsection (1), for “or 7(2)” substitute “7(2), 8C(1), 8E(5), 8H(1) or 8J(6)”.
In subsection (1A), after “section 8(4)” insert “8D(3), 8I(3)”.
In section 10 (enforcement), in subsections (1), (3) and (5), for “Chapter”, in each place it occurs, substitute “Part”.
In section 11 (obstruction etc of officers), in subsections (1) and (2), for “Chapter” substitute “Part”.
Section 12 (interpretation) is amended as follows.
In subsection (1), for “Chapter” substitute “Part”.
At the appropriate places insert— ; ; ; ; ; ; ; ; ; ; ; .
In subsection (3), for “Chapter” substitute “Part”.
In Schedule 2 (powers of entry etc), in paragraphs, 2(a), 3, 4 and 6(1)(a) omit “Chapter 1 of”.
The Smoking, Health and Social Care (Scotland) Act 2005 (asp 13) is amended as follows.
Section 5 is amended as follows.
Section 7 is amended as follows.
For subsection (1) substitute—
Omit subsection (1A).
In subsection (5), for the definition of “the appropriate council” substitute—
After section 8 insert—
In section 40, in subsection (3)(a) omit “or 4D(2)(a) or (4)(a)”.
Schedule 1 is amended as follows.
In paragraph 1—
in sub-paragraph (1A), after paragraph (c) insert— ;
The Public Health (Wales) Act 2017 is amended as follows.
In the Welsh language text, after section 17 insert—
In the English language text, after section 17 insert—
with the heading “Gorfodi a chyffredinol” in the Welsh language text, and
with the heading “Enforcement and general”, in the English language text.
In the Welsh language text of section 18, in subsection (3), for “darpariaethau’r Bennod hon a rheoliadau a wneir odani” substitute “darpariaethau Penodau 1, 1A ac 1B a’r Bennod hon a rheoliadau a wneir o dan unrhyw un o’r Penodau hynny”.
In the English language text of section 18, in subsection (3), for “this Chapter and regulations made under it” substitute “Chapters 1, 1A and 1B and this Chapter and regulations made under any of those Chapters”.
In the Welsh language text of section 19, in subsection (1)(a), for “adran 5, 6 neu 17” substitute “Bennod 1, 1A neu 1B”.
In the Welsh language text of section 20, in subsection (1)(a), for “neu 6” substitute “, 6, 17C, 17D, 17H neu 17I”.
In the English language text of section 20, in subsection (1)(a), for “or 6” substitute “, 6, 17C, 17D, 17H or 17I”.
In the Welsh language text of section 21, in suibsection (1)(a), for “adran 5, 6 neu 17” substitute “Bennod 1, 1A neu 1B”.
In the Welsh language text of section 23, in subsections (1) and (2), for “adran 5, 6 neu 17” substitute “Bennod 1, 1A neu 1B”.
In the Welsh language text of section 25, in subsection (2), for “adran 5, 6 neu 17” substitute “Bennod 1, 1A neu 1B”.
In the Welsh language text of section 26, in subsection (2)(a), for “adran 5, 6 neu 17” substitute “Bennod 1, 1A neu 1B”.
The Welsh language text of section 27 is amended as follows.
In subsection (1), after paragraph (b) insert— .
In subsection (2), after “6(6)” insert “, 17D(3) neu 17I(3)”.
The English language text of section 27 is amended as follows.
In subsection (1), after paragraph (b) insert— .
In subsection (2), after “6(6)” insert “, 17D(3) or 17I(3)”.
In the Welsh language text, for section 28 substitute—
In the English language text, for section 28 substitute—
In the Welsh language text of section 123, in subsection (2)(a), for “, 28(7)” substitute “17A(7)”.
In the English language text of section 123, in subsection (2)(a), for “, 28(7)” substitute “17A(7)“.
The Smoking (Northern Ireland) Order 2006 is amended as follows.
In Article 2, in paragraph (3), at the appropriate places insert— ; ; ; ; ; ; .
Article 3 is amended as follows.
For paragraph (2) substitute—
In paragraph (3), for “used as a place of work mentioned in paragraph (2)” substitute “a workplace”.
For paragraph (7) substitute—
In Article 10, in paragraphs (1) and (1A), for “or 8(2)” substitute “, 8(2), 9B(5), 9C(1), 9F(6) or 9G(1)”.
In section 5 of the Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 omit subsection (8).
Consequential amendments: general
The Tobacco Advertising and Promotion Act 2002 is repealed.
In Schedule 17 to the Communications Act 2003 omit paragraph 173 and the italic heading before it.
In Schedule 3 to the Regulatory Enforcement and Sanctions Act 2008 omit the reference to the Tobacco Advertising and Promotion Act 2002.
The Health Act 2009 is amended as follows.
Section 40 is amended as follows.
In subsection (2) omit paragraph (b).
Omit subsection (3).
In subsection (4) for “to (3)” substitute “or (2)”.
In subsection (5) omit paragraphs (a) and (b).
In subsection (6) omit paragraphs (b) and (c).
In subsection (7) omit paragraphs (b) and (c).
Omit Schedule 4.
The Tobacco and Primary Medical Services (Scotland) Act 2010 is amended as follows.
Omit section 2.
In section 3 omit subsection (5).
The Tobacco and Related Products Regulations 2016 are amended as follows.
In regulation 12, in paragraph (1), for “not otherwise made unlawful by the provisions of the Tobacco Advertising and Promotion Act 2002” substitute “not otherwise unlawful”.
Omit Part 7.
In regulation 48 omit paragraph (e).
Regulation 50 is amended as follows.
Omit paragraphs (2) to (4).
In paragraph (5) omit “or (2)”.
In paragraph (7) omit “or (2)”.
In regulation 53 omit paragraph (5).
Omit Schedule 1.
The Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 is amended as follows.
Omit section 17.
Omit section 19.
In Schedule 15 to the Digital Markets, Competition and Consumers Act 2024, in Part 1, in the Table omit the entry relating to the Tobacco Advertising and Promotion Act 2002.
The Media Act 2024 is amended as follows.
In Schedule 2 omit paragraph 21 and the italic heading before it.
In Schedule 4 omit paragraph 28 and the italic heading before it.