Prospective

2 Purchase of tobacco etc on behalf of others _I3

(1)It is an offence for a person aged 18 or over to buy, or attempt to buy, any of the following on behalf of a person born on or after 1 January 2009—

(a)a tobacco product;

(b)a herbal smoking product;

(c)cigarette papers.

(2)It is a defence for a person charged with an offence under this section to prove that they had no reason to suspect that the other person was born on or after 1 January 2009.

(3)It is a defence for a person charged with an offence under this section in respect of cigarette papers to prove that they had no reason to suspect that the other person intended to use the papers for smoking.

(4)A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Prospective

3 Tobacco vending machines _I4

(1)A person commits an offence if the person has the management or control of premises on which a tobacco vending machine is available for use.

(2)A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(3) In this section “ tobacco vending machine ” means a machine from which any of the following products may be bought or from which they are dispensed to a customer in connection with a sale—

(a)tobacco products,

(b)herbal smoking products, or

(c)cigarette papers.

Prospective

4 Sale of unpackaged cigarettes _I5

(1)It is an offence for a tobacco retailer to sell cigarettes that are not in their original packaging.

(2)A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) In this section “ original packaging ” means the retail packaging in which the cigarettes were supplied to the tobacco retailer for the purpose of sale.

Prospective

Snus etc

7 Ban on manufacture of snus etc _I10

(1)It is an offence to manufacture a relevant oral tobacco product.

(2) In subsection (1) “ relevant oral tobacco product ” means a tobacco product that—

(a)is intended for oral use,

(b)is not intended to be inhaled or chewed, and

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

(3)A person who commits an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.

8 Ban on sales of snus etc _I11

(1)It is an offence to—

(a)sell a relevant oral tobacco product, or

(b)offer or expose a relevant oral tobacco product for sale.

(2) In subsection (1) “ relevant oral tobacco product ” has the meaning given by section 7 (2) .

(3)It is a defence for a person charged with an offence under this section to prove that they took all reasonable steps to avoid the commission of the offence.

(4)A person who commits an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.

9 Possession of snus etc with intent to supply _I12

(1)It is an offence for a person to have a relevant oral tobacco product in their possession with intent to supply it to another in the course of business.

(2) In subsection (1) “ relevant oral tobacco product ” has the meaning given by section 7 (2) .

(3)A person who commits an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.

Prospective

11 Purchase of vaping or nicotine products on behalf of under 18s _I15

(1)It is an offence for a person aged 18 or over to buy, or attempt to buy, a vaping product or nicotine product on behalf of a person who is under the age of 18.

(2)It is a defence for a person charged with an offence under this section to prove that they had no reason to suspect that the other person was under the age of 18.

(3)A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Prospective

12 Vaping and nicotine product vending machines _I16

(1)A person commits an offence if the person has the management or control of premises on which a vape vending machine or a nicotine product vending machine is available for use.

(2)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.

(3)A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(4)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—

  (a)

  are aged 18 or over, and

  (b)

  are suffering from mental disorder (within the meaning of the Mental Health Act 1983);

• “ nicotine product vending machine ” means a machine—

  (a)

  from which nicotine products may be bought, or

  (b)

  from which they are dispensed to a customer in connection with a sale;

• “ vape vending machine ” means a machine—

  (a)

  from which vaping products may be bought, or

  (b)

  from which they are dispensed to a customer in connection with a sale.

Prospective

Free distribution and discounts

15 Free distribution and discount of products _I21

(1)A person commits an offence if—

(a)the person—

(i)gives away a product or coupon to a member of the public or sells a product or coupon at a substantial discount, or

(ii)causes or permits that to happen, and

(b)either—

(i)their purpose in doing so is to promote a relevant product, or

(ii)the effect of their doing so will be to promote a relevant product and they know, or have reason to suspect, that will be the effect.

(2) In subsection (1) “ relevant product ” means—

(a)a tobacco product,

(b)a herbal smoking product,

(c)cigarette papers,

(d)a vaping product, or

(e)a nicotine product.

(3)Where a person is charged with an offence under this 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.

(4)A person who commits an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.

(5) In this section “ coupon ” means anything (whether in physical or electronic form) which, by itself or together with something else, can be redeemed for a product or service or for cash or any other benefit.

Prospective

17 Offences in connection with licences: England _I23

(1)A person who breaches the prohibition in section 16(1) or (2) commits an offence.

(2)A person commits an offence if—

(a)the person provides information to a licensing authority—

(i)in, or in connection with, an application for the grant of a personal licence or a premises licence, or

(ii)in pursuance of any other obligation imposed by or under regulations made under section 16(4),

(b)the information is false or misleading in a material respect, and

(c)the person knows, or ought reasonably to know, that the information is false or misleading in a material respect.

(3)A person who commits an offence under this section is liable on summary conviction to a fine.

(4)The court by which a person is convicted of an offence under subsection (1) may order the relevant products to which the offence relates, and any container for them, to be forfeited and either destroyed or dealt with in such other manner as the court may order.

(5)In this section—

• “ grant ” includes variation or renewal;

• “ licensing authority ” has the meaning given by paragraph 2 of Schedule 1 ;

• “ 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) .

Prospective

20 Offences in connection with licences: Wales _I26

(1)A person who breaches the prohibition in section 19(1) or (2) commits an offence.

(2)A person commits an offence if—

(a)the person provides information to a licensing authority—

(i)in, or in connection with, an application for the grant of a personal licence or a premises licence, or

(ii)in pursuance of any other obligation imposed by or under regulations made under section 19(4),

(b)the information is false or misleading in a material respect, and

(c)the person knows, or ought reasonably to know, that the information is false or misleading in a material respect.

(3)A person who commits an offence under this section is liable on summary conviction to a fine.

(4)The court by which a person is convicted of an offence under subsection (1) may order the relevant products to which the offence relates, and any container for them, to be forfeited and either destroyed or dealt with in such other manner as the court may order.

(5)In this section—

• “ grant ” includes variation or renewal;

• “ licensing authority ”, in relation to the doing of things or the use of premises in a county or county borough in Wales, means the council of the county or county borough;

• “ 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) .

Prospective

22 Repeal of register of retailers of tobacco and nicotine products in Wales etc _I28

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).

Prospective

23 Restricted premises orders _I29

(1) Where a person convicted of a relevant offence is a persistent offender, the person who brought the proceedings for the offence may by complaint to a magistrates’ court apply for a restricted premises order to be made in respect of the premises in relation to which the offence was committed (“the relevant premises”).

(2)A magistrates’ court may make the restricted premises order only if satisfied that the applicant has complied with section 24(1) (notice to interested persons).

(3) A “restricted premises order” is an order prohibiting the sale on the relevant premises of any one or more of the following—

(a)tobacco products;

(b)herbal smoking products;

(c)cigarette papers;

(d)vaping products;

(e)nicotine products.

(4)The prohibition imposed by a restricted premises order applies to sales whether made by the offender or any other person.

(5)A restricted premises order has effect for the period specified in the order, which may not exceed one year.

(6)A restricted premises order is a local land charge and in respect of that charge the applicant for the order is the originating authority for the purposes of the Local Land Charges Act 1975.

(7) A person convicted of a relevant offence is a “ persistent offender ” for the purposes of this section if, on at least two other occasions within the period of two years ending with the date of the offence, the person committed a relevant offence in relation to the relevant premises.

(8) In this section “ relevant offence ” means—

(a)an offence under any of the following provisions of this Part—

(i)section 1 (sale of tobacco etc to people born on or after 1 January 2009);

(ii)section 3 (tobacco vending machines);

(iii)section 10 (sale of vaping or nicotine products to under 18s);

(iv)section 12 (vaping and nicotine product vending machines);

(b)an offence under any of the following (which are repealed by this Act)—

(i)section 7 of the Children and Young Persons Act 1933 (sale of tobacco, etc., to under 18s);

(ii)section 3A of the Children and Young Persons (Protection from Tobacco) Act 1991 (tobacco vending machines);

(iii)section 92 of the Children and Families Act 2014 (sale of nicotine products to under 18s).

Prospective

24 Restricted premises orders: interested persons _I30

(1)An applicant for a restricted premises order must, after making reasonable enquiries, give notice of the application to anyone appearing to the applicant to be an interested person.

(2)An interested person may make representations to the court as to why the order should not be made.

(3)If a restricted premises order is made without an interested person having been given a notice under subsection (1), and without them having made representations to the court, the person may by complaint apply to the court for an order varying or discharging the restricted premises order.

(4)On an application under subsection (3) the court may, after hearing the interested person and the applicant for the restricted premises order, make such order varying or discharging the restricted premises order as it considers appropriate.

(5) In this section “ interested person ”, in relation to an application for a restricted premises order, means—

(a)the occupier of the premises, and

(b)any other person who has an interest in the premises.

Prospective

25 Restricted premises orders: appeals _I31

An appeal against an order made under section 23 or 24 may be brought to the Crown Court.

Prospective

26 Breach of restricted premises orders _I32

(1)A person commits an offence if the person—

(a)sells anything in breach of a restricted premises order, and

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

(2)It is a defence for a person charged with an offence under this section to prove that the person took all reasonable steps to avoid the commission of the offence.

(3)A person who commits an offence under this section is liable on summary conviction to a fine.

Prospective

Restricted sale orders

28 Restricted sale orders _I35

(1)Where a person convicted of a relevant offence is a persistent offender, the person who brought the proceedings for the offence may by complaint to a magistrates’ court apply for a restricted sale order against the offender.

(2) A “restricted sale order” is an order prohibiting the offender—

(a)from selling any one or more of the following—

(i)tobacco products,

(ii)herbal smoking products,

(iii)cigarette papers,

(iv)vaping products,

(v)nicotine products;

(b)from having any management functions in respect of any premises in so far as those functions relate to the sale of anything listed in paragraph (a)(i) to (v).

(3)A restricted sale order has effect for the period specified in the order, which may not exceed one year.

(4) A person convicted of a relevant offence is a “ persistent offender ” for the purposes of this section if, on at least two other occasions within the period of two years ending with the date of the offence, the person committed a relevant offence.

(5) In this section “ relevant offence ” means—

(a)an offence under any of the following provisions of this Part—

(i)section 1 (sale of tobacco etc to people born on or after 1 January 2009);

(ii)section 3 (tobacco vending machines);

(iii)section 10 (sale of vaping or nicotine products to under 18s);

(iv)section 12 (vaping and nicotine product vending machines);

(b)an offence under any of the following (which are repealed by this Act)—

(i)section 7 of the Children and Young Persons Act 1933 (sale of tobacco, etc., to under 18s);

(ii)section 3A of the Children and Young Persons (Protection from Tobacco) Act 1991 (tobacco vending machines);

(iii)section 92 of the Children and Families Act 2014 (sale of nicotine products to under 18s).

29 Restricted sale orders: appeals _I36

An appeal against an order made under section 28 may be brought to the Crown Court.

30 Breach of restricted sale orders _I37

(1)A person who fails to comply with a restricted sale order commits an offence.

(2)It is a defence for a person charged with an offence under this section to prove that the person took all reasonable steps to avoid the commission of the offence.

(3)A person who commits an offence under this section is liable on summary conviction to a fine.

Prospective

Offences by bodies

31 Liability of others for certain offences committed by bodies _I38

(1)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.

(2)Where any other offence under this Part, or under any regulations under section 13 or 14—

(a)is committed with the consent or connivance of a relevant person in relation to the body, or a person purporting to act in the capacity of a relevant person in relation to the body, or

(b)is attributable to neglect on the part of such a person,

the person (as well as the body) commits the offence and is liable to be proceeded against and punished accordingly.

(3)In this section—

• “ body ” means—

  (a)

  a body corporate,

  (b)

  a partnership, or

  (c)

  an unincorporated association;

• “ relevant person ” means—

  (a)

  in relation to a body corporate other than one whose affairs are managed by its members, a director, manager, secretary or other similar officer of the body;

  (b)

  in relation to a limited liability partnership or other body corporate whose affairs are managed by its members, a member who exercises functions of management with respect to it;

  (c)

  in relation to a limited partnership, a general partner (within the meaning given by section 3 of the Limited Partnerships Act 1907);

  (d)

  in relation to any other partnership, a partner;

  (e)

  in relation to an unincorporated association, a person who exercises functions of management with respect to it.

Prospective

Enforcement functions

32 Enforcement authorities _I39

(1)It is the duty of each relevant enforcement authority in England and local weights and measures authority in Wales to enforce within its area the provisions of this Part and any regulations under section 13 or 14.

(2) In this Part “ relevant enforcement authority in England ” means—

(a)a local weights and measures authority in England, and

(b)in relation to the enforcement of sections 16 to 18 (retail licensing: England), in addition, any district council in England that—

(i)is specified as a licensing authority under paragraph 2 of Schedule 1, and

(ii)is not a local weights and measures authority.

(3)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—

• “section 32 of the Tobacco and Vapes Act 2026.”

33 Programme of enforcement action: England _I40

(1)Each relevant enforcement authority in England must, at least once a year, consider—

(a)whether it is appropriate to carry out a programme of enforcement action in its area, and

(b)if so, what that programme should involve.

(2) In subsection (1) “ programme of enforcement action ” means a programme involving one or more of the following—

(a)the investigation of complaints in respect of an alleged offence under this Part or any regulations under section 13;

(b)the bringing of prosecutions in respect of such an offence;

(c)the taking of other measures intended to reduce the incidence of such offences.

34 Programme of enforcement action: Wales _I41

(1)Each local weights and measures authority in Wales must, at least once a year, consider—

(a)whether it is appropriate to carry out a programme of enforcement action in its area, and

(b)if so, what that programme should involve.

(2) In subsection (1) “ programme of enforcement action ” means a programme involving one or more of the following—

(a)the investigation of complaints in respect of an alleged offence that is a listed offence;

(b)the bringing of prosecutions in respect of a listed offence;

(c)the taking of other measures intended to reduce the incidence of listed offences.

(3) In this section “ listed offence ” means—

(a)an offence under any provision of this Part or regulations under section 14, or

(b)an offence under either of the following provisions of the Public Health (Wales) Act 2017 (anaw 2)—

• section 51A (offence of handing over tobacco etc. to people born on or after 1 January 2009);

• section 52 (offence of handing over vaping or nicotine products to under 18s).

Prospective

Powers of ministers to take over enforcement

35 Power of ministers to take over enforcement functions _I42

(1)The Secretary of State may direct that, in relation to cases of a particular description or a particular case, the duty imposed by section 32(1) on a relevant enforcement authority in England is to be discharged by the Secretary of State and not by the authority.

(2)The Welsh Ministers may direct that, in relation to cases of a particular description or a particular case, the duty imposed by section 32(1) on a local weights and measures authority in Wales is to be discharged by the Welsh Ministers and not by the authority.

36 Power of ministers to take over proceedings _I43

(1)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.

(2)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.

Prospective

37 Fixed penalty notices: England _I44

(1)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).

(2)A fixed penalty notice is a notice offering a person the opportunity to discharge any liability to conviction for the offence to which the notice relates by payment of an amount specified in the notice within the relevant period.

(3)The amount specified in a fixed penalty notice in respect of an offence under section 17 must be an amount equal to level 4 on the standard scale of fines for summary offences.

(4)The amount specified in a fixed penalty notice in respect of any other offence must be £200.

(5) For the purposes of this section “the relevant period” is the period of 28 days beginning with the day on which the fixed penalty notice is given.

(6)A fixed penalty notice must explain—

(a)that the relevant enforcement authority in England has reason to believe that the person has committed the offence, and why,

(b)the effect of subsection (7), and

(c)when and how payment may be made.

(7)Where a fixed penalty notice has been given to a person (and has not been withdrawn)—

(a)no proceedings may be instituted for the offence before the end of the relevant period, and

(b)the person may not be convicted of the offence if the person pays—

(i)the full amount of the fixed penalty in the notice before the end of the relevant period, or

(ii)50% of that amount before the end of the period of 14 days beginning with the day on which the relevant period starts.

(8)Where proceedings are instituted for the offence after the end of the relevant 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.

(9)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.

Prospective

38 Fixed penalties in England: use of proceeds _I45

(1)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—

(a)this Act;

(b)Part 1 of the Health Act 2006;

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

(2) In this section “ fixed penalty notice ” means a fixed penalty notice given under section 37 .

Prospective

40 Fixed penalty notices: Wales _I48

(1)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).

(2)A fixed penalty notice is a notice offering a person the opportunity to discharge any liability to conviction for the offence to which the notice relates by payment of an amount specified in the notice within the relevant period.

(3)The amount specified in a fixed penalty notice in respect of an offence under section 20 must be an amount equal to level 4 on the standard scale of fines for summary offences.

(4)The amount specified in a fixed penalty notice in respect of any other offence must be £200.

(5) For the purposes of this section “the relevant period” is the period of 28 days beginning with the day on which the fixed penalty notice is given.

(6)A fixed penalty notice must explain—

(a)that the local weights and measures authority has reason to believe that the person has committed the offence, and why,

(b)the effect of subsection (7), and

(c)when and how payment may be made.

(7)Where a fixed penalty notice has been given to a person (and has not been withdrawn)—

(a)no proceedings may be instituted for the offence before the end of the relevant period, and

(b)the person may not be convicted of the offence if the person pays—

(i)the full amount of the fixed penalty in the notice before the end of the relevant period, or

(ii)50% of that amount before the end of the period of 14 days beginning with the day on which the relevant period starts.

(8)Where proceedings are instituted for the offence after the end of the relevant 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.

(9)A fixed penalty notice given under this section may be withdrawn by the local weights and measures authority that gave it at any time before a payment is made in pursuance of the notice.

Prospective

41 Fixed penalties in Wales: use of proceeds _I49

(1)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—

(a)this Act;

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

(c)Part 3 of the Public Health (Wales) Act 2017.

(2) In this section “ fixed penalty notice ” means a fixed penalty notice given under section 40 .

Prospective

Consequential, transitional and transitory provision

44 Consequential amendments to do with Part 1 _I53,I54

(1)See Schedule 6 for consequential amendments coming into force at the end of the period of 6 months beginning with the day on which this Act is passed.

(2)See Schedule 7 for consequential amendments coming into force on 1 January 2027.

45 Application of programmes of enforcement to old age of sale offences _I55

Sections 33 and 34 have effect in relation to times before 1 January 2027 as if subsection (2) of each of those sections included a reference to—

(a)an offence under section 7 of the Children and Young Persons Act 1933 (sale of tobacco, etc. to under 18s);

(b)an offence under section 4 of the Children and Young Persons (Protection from Tobacco) Act 1991 (age of sale notices).

46 Application of fixed penalty regime to old age of sale offences _I56

(1)Sections 37 and 40 have effect in relation to times before 1 January 2027 as if subsection (1) of each of those sections included a reference to—

(a)section 7 of the Children and Young Persons Act 1933 (sale of tobacco, etc. to persons under eighteen);

(b)section 91 of the Children and Families Act 2014 (purchase of tobacco etc. on behalf of under 18s).

(2)Sections 38 and 41 have effect in relation to times before 1 January 2027 as if they included a reference to section 91 of the Children and Families Act 2014 (purchase of tobacco etc. on behalf of under 18s).

47 Transitional provision: general _I57

(1)In relation to times before 1 January 2027—

(a)sections 23(8), 28(5), 37(1) and 40(1) have effect as if they did not include a reference to section 1, 2, 5 or 6;

(b)a reference in section 31(2), 32(1), 33(2), 34(3) or 36(1) or (2) to “this Part” does not include a reference to section 1, 2, 5 or 6.

(2)In relation to times before section 17 comes into force, section 37(1) and (3) have effect as if those provisions did not include a reference to that section.

(3)In relation to times before section 20 comes into force, section 40(1) and (3) have effect as if those provisions did not include a reference to that section.

(4)In relation to times before section 51A of the Public Health (Wales) Act 2017 (anaw 2) comes into force, section 34(3) has effect as if it did not include a reference to that section.

(5)In relation to times before section 52 of the Public Health (Wales) Act 2017 (anaw 2) comes into force, section 34(3) has effect as if it did not include a reference to that section.

(6)In relation to times before the repeal by this Act of the Tobacco Advertising and Promotion Act 2002 comes fully into force (see Schedule 21 to this Act), sections 38 and 41 have effect as if they each included a reference to that Act.

Prospective

Interpretation etc

50 Interpretation of Part 1 _I62

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)

  a device, other than a vape, which enables a tobacco product to be consumed (for example, a heated tobacco device or pipe), or

  (b)

  an item which is intended to form part of such a device;

• “ tobacco retailer ” means a person who carries on a business involving the sale of tobacco products by retail;

• “ vape ” means—

  (a)

  a device which—

  (i)

  vaporises substances, other than tobacco, for the purpose of inhalation through a mouthpiece (whether or not it also vaporises tobacco), and

  (ii)

  is not a medical device or a medicinal product, or

  (b)

  an item which is intended to form part of a device within paragraph (a) (including anything intended to be attached to it with a view to imparting flavour);

• “ vaping product ” means—

  (a)

  a vape, or

  (b)

  a vaping substance;

• “ vaping substance ” means a substance, other than tobacco, that is intended to be vaporised by a vape;

• “ vaporises ” includes aerosolises (and “ vaporised ” is to be construed accordingly);

• “ vehicle ” means every type of vehicle, including a vessel, aircraft and hovercraft.

51 Meaning of “nicotine product” _I63

(1) In this Part “ nicotine product ” means—

(a)a device which is intended to enable nicotine to be delivered into the human body,

(b)an item which is intended to form part of a device within paragraph (a),

(c)nicotine, or any substance containing nicotine, which is intended to be delivered into the human body, or

(d)an item containing anything within paragraph (c).

(2) But the following are not “ nicotine products ” for the purposes of this section—

(a)a tobacco product;

(b)a herbal smoking product;

(c)cigarette papers;

(d)any device which is intended to be used for the consumption of tobacco products or herbal smoking products;

(e)a vaping product;

(f)a medical device;

(g)a medicinal product.

Prospective

52 Age of sale for tobacco products etc _I64

(1)The Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) is amended as follows.

(2)In section 4 (sale of tobacco products to persons under 18)—

(a) in subsection (1), for “under the age of 18” substitute “born on or after 1 January 2009” ;

(b) in subsection (2)(a), for “under the age of 18 (“ the customer ”) to be aged 18 or over” substitute “born on or after 1 January 2009 (“ the customer ”) to have been born before that date” ;

(c)after subsection (5) insert—

“(6)In this section “sell” means sell by retail.”;

(d) in the heading, for “under 18” substitute “born on or after 1 January 2009” .

(3)In section 4B (age verification policy)—

(a)for subsection (3) substitute—

“(3)An “age verification policy”—

(a)in relation to a tobacco business or herbal smoking product business, is a policy that steps are to be taken to establish the age of a person attempting to buy a tobacco product, herbal smoking product or cigarette papers on the premises (the “customer”) if it appears to the person selling the tobacco product, herbal smoking product or cigarette papers that the customer may have been born on or after 1 January 2009 (or such earlier date as may be specified in the policy);

(b)in relation to a vaping product business or nicotine product business, is a policy that steps are to be taken to establish the age of a person attempting to buy a vaping product, or a nicotine product, on the premises (the “customer”) if it appears to the person selling the product that the customer may be under the age of 25 (or such older age as may be specified in the policy).

(3A)In relation to times before the end of 2033, the reference in subsection (3)(a) to the customer being born on or after 1 January 2009 (or such earlier date as may be specified in the policy) has effect as a reference to the customer being under the age of 25 (or such older age as may be specified in the policy).”;

(b) in subsection (4), for “(3)” substitute “ (3) (b) ” .

(4)In section 6 (purchase of tobacco products on behalf of persons under 18)—

(a) in subsection (1), for “under the age of 18” substitute “born on or after 1 January 2009” ;

(b) in the heading, for “under 18” substitute “born on or after 1 January 2009” .

(5) In section 8 (display of warning statements) , in subsection (2)(a), for “under the age of 18” substitute “born on or after 1 January 2009” .

Prospective

53 Sale of unpackaged cigarettes _I65

(1)The Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) is amended as follows.

(2)After section 4D insert—

“4E Sale of unpackaged cigarettes

(1)A person who sells cigarettes that are not in their original packaging commits an offence.

(2)A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3)In this section—

• “original packaging” means the retail packaging in which the cigarettes were supplied to the person for the purpose of sale;

• “sell” means sell by retail.”

(3)In section 35(1), at the appropriate place insert—

• ““retail packaging”, in relation to a product, means the packaging in which it is, or is intended to be, presented for sale by retail;”.

Prospective

54 Repeal of offence of purchasing tobacco products by under 18s _I66

(1)The Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) is amended as follows.

(2)Omit section 5 (purchase of tobacco products by people under 18).

(3)In section 33 (presumption as to contents of container), in subsection (1) omit “, 5”.

Prospective

55 Repeal of power to confiscate tobacco products from persons under 18 _I67

Omit section 7 of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) (confiscation of tobacco products from people under 18).

Prospective

56 Extension of tobacco legislation to herbal smoking products _I68

(1)The Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) is amended as follows.

(2) In section 4 (sale of tobacco products to persons under 18) , in subsection (1), after “tobacco product” insert “, herbal smoking product” .

(3) In section 4C (sale of tobacco etc by persons under 18) , in subsection (1), after “tobacco product” insert “, herbal smoking product” .

(4) In section 6 (purchase of tobacco products on behalf of persons under 18) , in subsection (1), after “tobacco product” insert “, herbal smoking product” .

(5)In section 35 (interpretation), in subsection (1), at the appropriate place insert—

• ““herbal smoking product” means a product consisting wholly or partly of vegetable matter and intended to be smoked but not containing tobacco,”.

Prospective

Snus etc

58 Ban on manufacture of snus etc _I71

After section 9 of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) insert—

“Snus etc

9A Ban on manufacture of snus etc

(1)It is an offence to manufacture a relevant oral tobacco product.

(2)In subsection (1) “relevant oral tobacco product” means a tobacco product that—

(a)is intended for oral use,

(b)is not intended to be inhaled or chewed, and

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

(3)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.”

59 Ban on sales of snus etc _I72

After section 9A of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) (inserted by section 58 of this Act) insert—

“9B Ban on sales of snus etc

(1)It is an offence to—

(a)sell a relevant oral tobacco product, or

(b)offer or expose a relevant oral tobacco product for sale.

(2)In subsection (1) “relevant oral tobacco product” has the meaning given by section 9A(2).

(3)It is a defence for a person charged with an offence under this section to prove that they took all reasonable steps to avoid the commission of the offence.

(4)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.”

60 Possession of snus etc with intent to supply _I73

(1)After section 9B of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) (inserted by section 59 of this Act) insert—

“9C Possession of snus etc with intent to supply

(1)It is an offence for a person to have a relevant oral tobacco product in their possession with intent to supply it to another in the course of business.

(2)In subsection (1) “relevant oral tobacco product” has the meaning given by section 9A(2).

(3)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.”

Prospective

Vaping and nicotine products

61 Extension of offences to vaping and nicotine products _I74

(1)The Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) is amended in accordance with subsections (2) to (7).

(2) In the italic heading before section 4, for “and nicotine vapour” substitute “, vaping and nicotine” .

(3)In section 4A (sale of nicotine vapour products to persons under 18)—

(a) in subsection (1), for “nicotine vapour” substitute “vaping product or nicotine” ;

(b) in the heading, for “nicotine vapour” substitute “vaping and nicotine” .

(4)In section 4B (age verification policy)—

(a) in subsection (1)(a) and (b), for “tobacco or nicotine vapour product business” substitute “relevant business” ;

(b)after subsection (1) insert—

“(1A)In this section “relevant business” means a business which involves the sale of one or more of the following by retail—

(a)tobacco products;

(b)herbal smoking products;

(c)vaping products;

(d)nicotine products.”;

(c)for subsection (2) substitute—

“(2)Subsection (1) does not apply in relation to premises from which—

(a)a product mentioned in subsection (1A) or cigarette papers are, in pursuance of a sale, despatched for delivery to different premises, and

(b)no other relevant business is carried on.”;

(d)in subsection (3)—

(i) for “tobacco product, cigarette papers or a nicotine vapour product” substitute “product mentioned in subsection (1A) or cigarette papers” ;

(ii) for “the tobacco product, cigarette papers or nicotine vapour product” substitute “the product” ;

(e) in subsection (5)(b) and (c), for “tobacco product, cigarette papers or a nicotine vapour product” substitute “product mentioned in subsection (1A) or cigarette papers” ;

(f) in subsection (6), for “tobacco or nicotine vapour product business” substitute “relevant business” .

(5)In section 4C (sale of tobacco or nicotine vapour products by persons under 18)—

(a) in subsection (1), for “or a nicotine vapour” substitute “, a vaping product or a nicotine” ;

(b) in the heading, for “or nicotine vapour” substitute “, vaping or nicotine” .

(6)In section 6A (purchase of nicotine vapour products on behalf of persons under 18)—

(a) in subsection (1), for “nicotine vapour” substitute “vaping or nicotine” ;

(b) in the heading for “nicotine vapour” substitute “vaping or nicotine” .

(7)For section 9 substitute—

“Vending machines

9 Prohibited vending machines

(1)A person who has the management or control of premises on which a prohibited vending machine is available for use commits an offence.

(2)A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(3)In this section, “prohibited vending machine” means a machine from which any of the following products may be bought or from which they are dispensed to a customer in connection with a sale—

(a)tobacco products;

(b)herbal smoking products;

(c)cigarette papers;

(d)vaping products;

(e)nicotine products.”

(8)In the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14) omit section 7 (power to extend vending machine prohibition).

62 Meaning of “nicotine product” _I75

Before section 36 of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) insert—

“35B Meaning of “nicotine product” in this Part

(1)In this Part, a “nicotine product” is—

(a)a device which is intended to enable nicotine to be delivered into the human body,

(b)an item which is intended to form part of a device within paragraph (a),

(c)nicotine, or any substance containing nicotine, which is intended to be delivered into the human body, or

(d)an item containing anything within paragraph (c).

(2)But the following are not nicotine products—

(a)a tobacco product;

(b)a smoking related product;

(c)a herbal smoking product;

(d)any device which is intended to be used for the consumption of tobacco products or herbal smoking products;

(e)a vaping product;

(f)a medicinal product;

(g)a medical device.”

Prospective

66 Alignment of definition of “filter” etc _I81

(1)Section 35 of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) (interpretation of Part 1) is amended as follows.

(2)In subsection (1), at the appropriate place insert—

• ““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);”.

(3) In subsection (2), for “cigarette filters” substitute “filters that do not form part of a tobacco product or herbal smoking product” .

(4) In subsection (3), after “order” insert “amend this section so as to” .

Prospective

68 Alignment of definition of “vaping product” _I83

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.

Prospective

Extension of retailer register etc

69 Extension of retailer register etc _I84

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.

Prospective

70 Crown application of 2010 Act _I85

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” .

Prospective

73 Purchase of tobacco on behalf of others _I90

For Article 4A of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) substitute—

“4A Purchase of tobacco etc on behalf of persons born on or after 1 January 2009

(1)It is an offence for a person aged 18 or over to buy, or attempt to buy, any of the following on behalf of a person born on or after 1 January 2009—

(a)a tobacco product;

(b)a herbal smoking product;

(c)cigarette papers.

(2)It is a defence for a person charged with an offence under this Article to prove that they had no reason to suspect that the other person was born on or after 1 January 2009.

(3)It is a defence for a person charged with an offence under this Article in respect of cigarette papers to prove that they had no reason to suspect that the other person intended to use the papers for smoking.

(4)A person guilty of an offence under this Article is liable on summary conviction to a fine not exceeding level 5 on the standard scale.”

Prospective

74 Tobacco vending machines _I91

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—

“4B Tobacco vending machines

(1)A person commits an offence if the person has the management or control of premises on which a tobacco vending machine is available for use.

(2)A person guilty of an offence under this Article is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(3)In this Article “tobacco vending machine” means a machine from which any of the following products may be bought or from which they are dispensed to a customer in connection with a sale—

(a)tobacco products,

(b)herbal smoking products, or

(c)cigarette papers.”

Prospective

75 Sale of unpackaged cigarettes _I92

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—

“4C Sale of unpackaged cigarettes

(1)It is an offence for a tobacco retailer to sell cigarettes that are not in their original packaging.

(2)A person guilty of an offence under this Article is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3)In this Article “original packaging” means the retail packaging in which the cigarettes were supplied to the tobacco retailer for the purpose of sale.”

Prospective

Snus etc

77 Ban on manufacture of snus etc _I95

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—

“Snus etc

4E Ban on manufacture of snus etc

(1)It is an offence to manufacture a relevant oral tobacco product.

(2)In paragraph (1) “relevant oral tobacco product” means a tobacco product that—

(a)is intended for oral use,

(b)is not intended to be inhaled or chewed, and

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

(3)A person guilty of an offence under this Article is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months, or a fine not exceeding the statutory maximum, or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.”

78 Ban on sales of snus etc _I96

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—

“4F Ban on sales of snus etc

(1)It is an offence to—

(a)sell a relevant oral tobacco product, or

(b)offer or expose a relevant oral tobacco product for sale.

(2)In paragraph (1) “relevant oral tobacco product” has the meaning given by Article 4E(2).

(3)It is a defence for a person charged with an offence under this Article to prove that they took all reasonable steps to avoid the commission of the offence.

(4)A person guilty of an offence under this Article is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months, or a fine not exceeding the statutory maximum, or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.”

79 Possession of snus etc with intent to supply _I97

(1)After Article 4F of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section 78 of this Act) insert—

“4G Possession of snus etc with intent to supply

(1)It is an offence for a person to have a relevant oral tobacco product in their possession with intent to supply it to another in the course of business.

(2)In paragraph (1) “relevant oral tobacco product” has the meaning given by Article 4E(2).

(3)A person guilty of an offence under this Article is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months, or a fine not exceeding the statutory maximum, or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.”

Prospective

81 Purchase of vaping or nicotine products on behalf of under 18s _I100

(1)The Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) is amended as follows.

(2)After Article 4H (inserted by section 80 of this Act) substitute—

“4I Purchase of vaping or nicotine products on behalf of under 18s

(1)It is an offence for a person aged 18 or over to buy, or attempt to buy, a vaping product or nicotine product on behalf of a person who is under the age of 18.

(2)It is a defence for a person charged with an offence under this Article to prove that they had no reason to suspect that the other person was under the age of 18.

(3)A person guilty of an offence under this Article is liable on summary conviction to a fine not exceeding level 5 on the standard scale.”

(3)In Article 4A (purchase of tobacco or nicotine products on behalf of persons under 18)—

(a) in paragraph (1), for “tobacco, cigarette papers or a relevant nicotine product” substitute “tobacco products, herbal smoking products or cigarette papers” ;

(b) in the heading, for “or nicotine products” substitute “etc” .

Prospective

82 Vaping and nicotine product vending machines _I101

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—

“4J Vaping and nicotine product vending machines

(1)A person commits an offence if the person has the management or control of premises on which a vape vending machine or a nicotine product vending machine is available for use.

(2)A person guilty of an offence under this Article is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(3)In this Article—

• “nicotine product vending machine” means a machine—

  (a)

  from which nicotine products may be bought, or

  (b)

  from which they are dispensed to a customer in connection with a sale;

• “vape vending machine” means a machine—

  (a)

  from which vaping products may be bought, or

  (b)

  from which they are dispensed to a customer in connection with a sale.”

Prospective

Free distribution and discounts

84 Free distribution and discount of products _I104

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—

“Free distribution and discounts

4L Free distribution and discounts of products

(1)A person commits an offence if—

(a)the person—

(i)gives away a product or coupon to a member of the public or sells a product or coupon at a substantial discount, or

(ii)causes or permits that to happen, and

(b)either—

(i)their purpose in doing so is to promote a relevant product, or

(ii)the effect of their doing so will be to promote a relevant product and they know, or have reason to suspect, that will be the effect.

(2)In paragraph (1) “relevant product” means—

(a)a tobacco product,

(b)a herbal smoking product,

(c)cigarette papers,

(d)a vaping product, or

(e)a nicotine product.

(3)Where a person is charged with an offence under this Article of giving away a vaping product or nicotine product, or a coupon for such a product, it is a defence for the person to prove that the product or coupon was given away in accordance with arrangements made by a public authority.

(4)A person guilty of an offence under this Article is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months, or a fine not exceeding the statutory maximum, or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.

(5)In this Article “coupon” means anything (whether in physical or electronic form) which, by itself or together with something else, can be redeemed for a product or service or for cash or any other benefit.”

Prospective

Enforcement

85 Programme of enforcement action by district councils _I105

Before Article 7 of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) insert—

“Enforcement

6A Programme of enforcement action by district councils

(1)Each district council must, at least once a year, consider—

(a)whether it is appropriate to carry out a programme of enforcement action in its area, and

(b)if so, what that programme should involve.

(2)In paragraph (1) “programme of enforcement action” means a programme involving one or more of the following—

(a)the investigation of complaints in respect of an alleged offence under—

(i)this Part or regulations under Article 4K, or

(ii)the Tobacco Retailers Act (Northern Ireland) 2014;

(b)the bringing of prosecutions in respect of such an offence;

(c)the taking of other measures intended to reduce the incidence of such offences.”

Prospective

Interpretation of 1978 Order

86 Interpretation of 1978 Order _I106

For Article 7 of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) substitute—

“Interpretation

7 Interpretation of Part 2

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 Article 7A;

• “premises” means any place (including a vehicle or moveable structure);

• “retail packaging”, in relation to a thing, means the packaging in which it is, or is intended to be, presented for sale by retail;

• “sell” means sell by retail;

• “tobacco product” means a product consisting wholly or partly of tobacco and intended to be smoked, sniffed, sucked, chewed or consumed in any other way;

• “tobacco related device” means—

  (a)

  a device, other than a vape, which enables a tobacco product to be consumed (for example, a heated tobacco device or pipe), or

  (b)

  an item which is intended to form part of such a device;

• “tobacco retailer” means a person who carries on a business involving the sale of tobacco products by retail;

• “vape” means—

  (a)

  a device which—

  (i)

  vaporises substances, other than tobacco, for the purpose of inhalation through a mouthpiece (whether or not it also vaporises tobacco), and

  (ii)

  is not a medical device or a medicinal product, or

  (b)

  an item which is intended to form part of a device within paragraph (a) (including anything intended to be attached to it with a view to imparting flavour);

• “vaping product” means—

  (a)

  a vape, or

  (b)

  a vaping substance;

• “vaping substance” means a substance, other than tobacco, that is intended to be vaporised by a vape;

• “vaporises” includes aerosolises;

• “vehicle” means every type of vehicle, including a vessel, aircraft and hovercraft.

7A Meaning of nicotine product

(1)In this Part “nicotine product” means—

(a)a device which is intended to enable nicotine to be delivered into the human body,

(b)an item which is intended to form part of a device within sub-paragraph (a),

(c)nicotine, or any substance containing nicotine, which is intended to be delivered into the human body, or

(d)an item containing anything within sub-paragraph (c).

(2)But the following are not “nicotine products” for the purposes of this Article—

(a)a tobacco product;

(b)a herbal smoking product;

(c)cigarette papers;

(d)any device which is intended to be used for the consumption of tobacco products;

(e)a vaping product;

(f)a medical device;

(g)a medicinal product.”

Prospective

87 Extension of retailer register _I107

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.

Prospective

Consequential etc, transitional and transitory provision

90 Consequential and other amendments _I111

(1)See Schedule 14 for consequential amendments coming into force at the end of the period of 6 months beginning with the day on which this Act is passed.

(2)See Schedule 15 for consequential amendments coming into force on 1 January 2027.

91 Transitional provision _I112

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).

Prospective

Part 4 Snus etc: seizure and detention powers

92 Power of officer of Revenue and Customs to seize and detain snus etc _I113

(1)An officer of Revenue and Customs may, for the purpose of facilitating the exercise by an enforcement authority of any of its functions in relation to the enforcement of a relevant offence, seize any relevant oral tobacco products that have been imported and detain them for not more than 48 hours.

(2)Any products seized and detained under this section must be dealt with during their period of detention in such manner as the Commissioners for His Majesty’s Revenue and Customs may direct.

(3)For the purposes of calculating the 48-hour period mentioned in subsection (1) any period falling on a non-working day is to be disregarded.

(4)In this section—

• “ enforcement authority ”—

  (a)

  in relation to England or Wales, means a local weights and measures authority;

  (b)

  in relation to Scotland, means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

  (c)

  in relation to Northern Ireland, means a district council;

• “ non-working day ” means—

  (a)

  a Saturday or Sunday, or

  (b)

  a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom;

• “ relevant offence ” means an offence under any of the following (which relate to possession of relevant oral tobacco products with intent to supply)—

  (a)

  section 9 (England and Wales);

  (b)

  section 9C of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) (Scotland);

  (c)

  Article 4G of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26));

• “ relevant oral tobacco product ” means a tobacco product that—

  (a)

  is intended for oral use,

  (b)

  is not intended to be inhaled or chewed, and

  (c)

  consists wholly or partly of tobacco in powder or particulate form.

93 Extension of section 92 to filters _I114

(1)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.

(2)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—

  (a)

  section 48(2),

  (b)

  section 34A(4) of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3), or

  (c)

  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.

(3)Regulations under this section are subject to the affirmative resolution procedure.

Prospective

Advertising

118 Publishing advertisements _I139

(1)A person commits an offence if—

(a)the person, acting in the course of business, publishes an advertisement in the United Kingdom whose purpose is or effect will be to promote—

(i)a tobacco product,

(ii)a herbal smoking product,

(iii)cigarette papers,

(iv)a vaping product, or

(v)a nicotine product, and

(b)the person knows or has reason to suspect—

(i)that what they are publishing is or contains the advertisement, and

(ii)that the advertisement has that purpose or will have that effect.

(2)A person who commits an offence under this section is liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both;

(b)on summary conviction—

(i)in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;

(ii)in Scotland, to imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both;

(iii)in Northern Ireland, to imprisonment for a term not exceeding 6 months, or a fine not exceeding the statutory maximum, or both.

119 Designing advertisements _I140

(1)A person commits an offence if—

(a)the person, acting in the course of business, designs an advertisement whose purpose is or effect will be to promote—

(i)a tobacco product,

(ii)a herbal smoking product,

(iii)cigarette papers,

(iv)a vaping product, or

(v)a nicotine product, and

(b)the person knows or has reason to suspect—

(i)that the advertisement has that purpose or will have that effect, and

(ii)that the advertisement will be published in the United Kingdom.

(2)A person who commits an offence under this section is liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both;

(b)on summary conviction—

(i)in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;

(ii)in Scotland, to imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both;

(iii)in Northern Ireland, to imprisonment for a term not exceeding 6 months, or a fine not exceeding the statutory maximum, or both.

120 Printing advertisements _I141

(1)A person commits an offence if—

(a)the person, acting in the course of business, prints an advertisement whose purpose is or effect will be to promote—

(i)a tobacco product,

(ii)a herbal smoking product,

(iii)cigarette papers,

(iv)a vaping product, or

(v)a nicotine product, and

(b)the person knows or has reason to suspect—

(i)that what they are printing is or contains the advertisement,

(ii)that the advertisement has that purpose or will have that effect, and

(iii)that the advertisement will be published in the United Kingdom.

(2)A person who commits an offence under this section is liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both;

(b)on summary conviction—

(i)in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;

(ii)in Scotland, to imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both;

(iii)in Northern Ireland, to imprisonment for a term not exceeding 6 months, or a fine not exceeding the statutory maximum, or both.

121 Distributing advertisements _I142

(1)A person commits an offence if—

(a)the person, acting in the course of business, distributes an advertisement in the United Kingdom whose purpose is or effect will be to promote—

(i)a tobacco product,

(ii)a herbal smoking product,

(iii)cigarette papers,

(iv)a vaping product, or

(v)a nicotine product, and

(b)the person knows or has reason to suspect—

(i)that what they are distributing is or contains the advertisement, and

(ii)that the advertisement has that purpose or will have that effect.

(2)A person who commits an offence under this section is liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both;

(b)on summary conviction—

(i)in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;

(ii)in Scotland, to imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both;

(iii)in Northern Ireland, to imprisonment for a term not exceeding 6 months, or a fine not exceeding the statutory maximum, or both.

122 Causing publication, designing, printing or distribution _I143

(1)A person commits an offence if—

(a)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—

(i)a tobacco product,

(ii)a herbal smoking product,

(iii)cigarette papers,

(iv)a vaping product, or

(v)a nicotine product, and

(b)the person knows or has reason to suspect—

(i)that they are causing the publication or distribution of the advertisement,

(ii)that the advertisement has that purpose or will have that effect, and

(iii)that the advertisement will be published or distributed in the United Kingdom.

(2)A person commits an offence if—

(a)the person, acting in the course of business, causes the designing or printing of an advertisement whose purpose is or effect will be to promote—

(i)a tobacco product,

(ii)a herbal smoking product,

(iii)cigarette papers,

(iv)a vaping product, or

(v)a nicotine product, and

(b)the person knows or has reason to suspect—

(i)that they are causing the designing or printing of the advertisement,

(ii)that the advertisement has that purpose or will have that effect, and

(iii)that the advertisement will be published in the United Kingdom.

(3)A person who commits an offence under this section is liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both;

(b)on summary conviction—

(i)in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;

(ii)in Scotland, to imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both;

(iii)in Northern Ireland, to imprisonment for a term not exceeding 6 months, or a fine not exceeding the statutory maximum, or both.

123 Internet services _I144

(1)A person who carries on any business in the United Kingdom commits an offence if—

(a)the person, acting in the course of business, provides an internet service by means of which an advertisement is published or distributed in the United Kingdom,

(b)the advertisement’s purpose is or effect will be to promote—

(i)a tobacco product,

(ii)a herbal smoking product,

(iii)cigarette papers,

(iv)a vaping product, or

(v)a nicotine product, and

(c)the person knows or has reason to suspect—

(i)that the advertisement will be published or distributed in the United Kingdom by means of the service that they provide, and

(ii)that the advertisement has that purpose or will have that effect.

(2)A person who carries on any business in the United Kingdom commits an offence if—

(a)the person, acting in the course of business, provides an internet service by means of which an advertisement is published or distributed in the United Kingdom,

(b)the advertisement’s purpose is or effect will be to promote—

(i)a tobacco product,

(ii)a herbal smoking product,

(iii)cigarette papers,

(iv)a vaping product, or

(v)a nicotine product,

(c)the person becomes aware of the circumstances set out in paragraphs (a) and (b), and

(d)the person fails to take all reasonable steps to prevent the advertisement from being further viewed by or distributed to the public in the United Kingdom.

(3)A person who commits an offence under this section is liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both;

(b)on summary conviction—

(i)in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;

(ii)in Scotland, to imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both;

(iii)in Northern Ireland, to imprisonment for a term not exceeding 6 months, or a fine not exceeding the statutory maximum, or both.

(4) In this section “ internet service ” means a service that is made available by means of the internet.

(5) For the purposes of subsection (4) a service is “made available by means of the internet” even where it is made available by means of a combination of—

(a)the internet, and

(b)an electronic communications service.

(6) “ Electronic communications service ” has the same meaning as in the Communications Act 2003 (see section 32(2) of that Act ).

124 Exceptions for internet service providers (conduits, caching and hosting) _I145

(1)An internet service provider does not commit an offence under section 118, 121, 122 or 123 by—

(a)providing access to a communication network, or

(b)transmitting, in a communication network, information provided by a user, if the provider does not—

(i)initiate the transmission,

(ii)select the recipient of the transmission, or

(iii)select or modify the information contained in the transmission.

(2)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—

(a)is automatic, intermediate and transient,

(b)is solely for the purpose of carrying out the transmission in the network, and

(c)is for no longer than is reasonably necessary for the transmission.

(3)An internet service provider does not commit an offence under section 118, 121, 122 or 123 by storing information provided by a user for transmission in a communication network if—

(a)the storage of the information—

(i)is automatic, intermediate and temporary, and

(ii)is solely for the purpose of making more efficient the onward transmission of the information to other users at their request, and

(b)the internet service provider—

(i)does not modify the information,

(ii)complies with any conditions attached to having access to the information, and

(iii)upon knowing of a matter within subsection (4), promptly removes the information or disables access to it.

(4)The matters within this subsection are—

(a)that the information at the initial source of the transmission has been removed from the network;

(b)that access to the information has been disabled;

(c)that a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information.

(5)An internet service provider does not commit an offence under section 118, 121, 122 or 123(1) by storing information provided by a user who is not acting under the authority or control of the provider if—

(a)when the information was provided, the provider did not know that it was or contained a relevant advertisement, and

(b)upon knowing that the information is or contains a relevant advertisement, the provider promptly removes the information or disables access to it.

(6)In this section—

• “ internet service provider ” means a provider of—

  (a)

  a service that is made available by means of the internet, or

  (b)

  a service that provides access to the internet;

• “ relevant advertisement ” means an advertisement whose purpose is, or effect will be, to promote—

  (a)

  a tobacco product,

  (b)

  a herbal smoking product,

  (c)

  cigarette papers,

  (d)

  a vaping product, or

  (e)

  a nicotine product;

• “ user ”, in relation to an internet service provider, means a user of a service provided by the internet service provider.

(7) 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 ).

125 Advertising defences: general _I146

(1)Where a person is charged with an offence under any of sections 118 to 123 in relation to an advertisement it is a defence for the person to show that—

(a)it is, or is contained in, a communication that is made in the course of business which is part of a relevant trade and it is made for the purpose of that trade and directed solely at relevant persons involved in that trade (see subsection (2)),

(b)it is, or is contained in, a reply to a particular request by an individual for information about a tobacco product, a herbal smoking product, cigarette papers, a vaping product or a nicotine product, or

(c)it is contained in a publication, other than in an in-flight magazine—

(i)which is printed outside the United Kingdom, and

(ii)whose principal market is not the United Kingdom (or any part of the United Kingdom).

(2)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—

  (a)

  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,

  (b)

  occupies a position in the management structure of the business which is equivalent in seniority to, or of greater seniority than, that of a person who is responsible as mentioned in paragraph (a), or

  (c)

  is responsible for the conduct of the business or is a member of the board of directors or other body of persons (however described) that is responsible for the conduct of the business;

• “ relevant trade ” means—

  (a)

  the tobacco products trade,

  (b)

  the herbal smoking products trade,

  (c)

  the cigarette papers trade,

  (d)

  the vaping products trade, or

  (e)

  the nicotine products trade.

(3)Where in accordance with subsection (1) it is a defence for a person charged with an offence to show a particular matter, the person is taken to show that matter if—