Tobacco and Vapes Act 2026

(c)

any product intended to be used in connection with a relevant product with a view to imparting flavour.

(2)

In this section “relevant products” means—

(a)

tobacco products,

(b)

tobacco related devices,

(c)

herbal smoking products,

(d)

cigarette papers,

(e)

filters,

(f)

vaping products, or

(g)

nicotine products.

(3)

The regulations may, in particular, impose prohibitions, requirements or limitations in relation to the production, importation or supply of such products in the course of business.

(4)

The regulations may, in particular, make provision about how the flavour of a product is to be determined, including provision for a determination to be made by a person authorised for the purpose by the Secretary of State.

(5)

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

Substances released into human body and emissions

97

(1)

The Secretary of State may by regulations make provision about the nature and amount of the substances that may be released into the body of a person using or of the emissions that may be released by—

(a)

tobacco products;

(b)

tobacco related devices;

(c)

herbal smoking products;

(d)

cigarette papers;

(e)

filters;

(f)

vaping products;

(g)

nicotine products.

(2)

The regulations may, in particular, impose prohibitions, requirements or limitations in relation to the production, importation or supply of such products in the course of business.

(3)

The regulations may, in particular, make provision about how the nature and amount of substances or emissions released by a product are to be determined, including provision for a determination to be made by a person authorised for the purpose by the Secretary of State.

(4)

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

Non-compliant images

Non-compliant images

98

(1)

The Secretary of State may by regulations prohibit a person from doing the following in the course of business—

(a)

publishing an image of the retail packaging of a relevant product from which it is possible to tell that the requirements of regulations under section 94 have not been complied with;

(b)

publishing an image of a relevant product from which it is possible to tell that the requirements of regulations under section 95 have not been complied with;

(c)

causing the publication of an image of the kind mentioned in paragraph (a) or (b).

(2)

In this section “relevant product” means—

(a)

a tobacco product,

(b)

a tobacco related device,

(c)

a herbal smoking product,

(d)

cigarette papers,

(e)

filters,

(f)

a vaping product, or

(g)

a nicotine product.

(3)

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

Registration and information requirements

Registration

99

(1)

The Secretary of State may by regulations make provision for the establishment of a register of—

(a)

tobacco products;

(b)

tobacco related devices;

(c)

herbal smoking products;

(d)

cigarette papers;

(e)

filters;

(f)

vaping products;

(g)

nicotine products.

(2)

The regulations may impose prohibitions or limitations on the supply of an unregistered product in the course of business.

(3)

The regulations may, in particular, make provision—

(a)

about who is to keep the register;

(b)

about eligibility for registration or continued registration;

(c)

requiring a person to provide the registrar with information that relates to the product or producer;

(d)

about the content of the register;

(e)

about the expiry, renewal, cancellation or suspension of a product’s registration;

(f)

about the publication of the register;

(g)

for fees to be payable in respect of registration or continued registration (which may be set at a level that takes into account the cost of exercising functions under or in connection with any regulations under this Part).

(4)

Regulations made by virtue of subsection (3)(c) may, in particular, require the provision of—

(a)

the reasons for an ingredient’s inclusion in the product;

(b)

images (for example, an image of the product or its label or packaging);

(c)

information relevant to any risks or suspected risks to human health or safety posed by the product;

(d)

information about substances released into the body of a person using the product or about the emissions released by the product;

(e)

information about the producer’s operations;

(f)

information about any individual nominated by the producer in accordance with regulations under section 102 (responsible person).

(5)

Regulations made by virtue of subsection (3)(g) may include provision about the use of fee income (including provision authorising its retention or payment into the Consolidated Fund).

(6)

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

Information

100

(1)

The Secretary of State may by regulations—

(a)

require a producer or importer of any of the following products to provide information that relates to the product or its producer to a person specified in the regulations—

i

tobacco products;

ii

tobacco related devices;

iii

herbal smoking products;

iv

cigarette papers;

v

filters;

vi

vaping products;

vii

nicotine products;

(b)

make provision about the publication of information provided under the regulations.

(2)

The regulations may, in particular, require the provision of—

(a)

any information of a kind mentioned in section 99(4)(a) to (f);

(b)

sales data or market research relating to the product.

(3)

The regulations may, in particular, make provision about when and how information must be provided.

(4)

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

Studies

101

(1)

The Secretary of State may by regulations require a producer of a relevant product—

(a)

to carry out a study in relation to the product or an ingredient in it, and

(b)

to submit a report on the results of the study to a person specified in the regulations.

(2)

In this section “relevant product” means—

(a)

a tobacco product,

(b)

a tobacco related device,

(c)

a herbal smoking product,

(d)

cigarette papers,

(e)

filters,

(f)

a vaping product, or

(g)

a nicotine product.

(3)

The regulations may, in particular, make provision about—

(a)

when and how a study is to be carried out and a report submitted;

(b)

the questions that a study must address;

(c)

the content and structure of a report.

(4)

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

Responsible person

102

(1)

The Secretary of State may by regulations require a producer of any of the following to nominate an individual to be responsible for information that is, or that has to be, provided to a person in accordance with regulations under sections 99 to 101—

(a)

tobacco products,

(b)

tobacco related devices,

(c)

herbal smoking products,

(d)

cigarette papers,

(e)

filters,

(f)

vaping products, or

(g)

nicotine products.

(2)

The regulations may, in particular, make provision about who is eligible to be nominated, including provision requiring a nominee to be resident in, or to have another connection to, the United Kingdom.

(3)

The regulations must prohibit a producer from nominating an individual without the individual’s consent.

(4)

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

Quality control and safety

Testing

103

(1)

The Secretary of State may by regulations require a person specified in the regulations to carry out tests with a view to determining whether a product complies with a requirement imposed by regulations under this Part.

(2)

The regulations may, in particular, make provision—

(a)

about how and when tests are to be carried out;

(b)

about who may carry out tests on behalf of the person specified under subsection (1);

(c)

about the selection of products for testing;

(d)

about the provision of samples by producers;

(e)

for charges to be payable in respect of tests (which may be set at a level that takes into account the cost of exercising functions under or in connection with any regulations under this Part).

(3)

Regulations made by virtue of subsection (2)(e) may include provision about the use of charges received (including provision authorising its retention or payment into the Consolidated Fund).

(4)

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

Product safety

104

(1)

The Secretary of State may, for the purpose of minimising the risks to human health and safety posed by relevant products, make regulations—

(a)

requiring producers or importers to have processes in place for collecting information about the effect of their products on human health and safety;

(b)

conferring power on the Secretary of State, in circumstances specified in the regulations, to—

i

impose a prohibition or limitation on the supply of a product by a producer or importer;

ii

require a producer or importer to recall a product.

(2)

In this section “relevant products” means—

(a)

tobacco products,

(b)

tobacco related devices,

(c)

herbal smoking products,

(d)

cigarette papers,

(e)

filters,

(f)

vaping products, or

(g)

nicotine products.

(3)

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

Matters dealt with by 2016 Regulations

Matters dealt with by 2016 Regulations

105

(1)

The Secretary of State may by regulations make provision—

(a)

that is similar to or that corresponds to any provision of the Tobacco and Related Products Regulations 2016 (S.I. 2016/507), other than Part 7 of those Regulations, or

(b)

that applies a provision of those Regulations, with or without modifications, to any of the following to which it would not otherwise apply—

i

tobacco products,

ii

tobacco related devices,

iii

herbal smoking products,

iv

cigarette papers,

v

filters,

vi

vaping products, or

vii

nicotine products,

so far as that provision could not otherwise be made under this Part.

(2)

The reference in subsection (1) to the Tobacco and Related Products Regulations 2016 (S.I. 2016/507) is to that instrument as it has effect on the day on which this Act is passed.

(3)

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

Treatment of 2016 Regulations

106

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

Offences

107

(1)

Regulations under this Part may create an offence in relation to a failure to comply with the regulations.

(2)

Regulations under sections 99 to 101 may create an offence in relation to the provision of false or misleading information to a person in purported compliance with an obligation under the regulations.

(3)

Regulations under section 102 may provide that, if a producer commits an offence by reason of—

(a)

a failure to provide information required by regulations under sections 99 to 101, or

(b)

the provision of false or misleading information to a person in purported compliance with an obligation under such regulations,

the offence is also committed by the person nominated by the producer in accordance with regulations under section 102.

(4)

Subsection (3) does not limit the power to create offences by virtue of subsections (1) and (2) (and, in particular, to make others liable for offences committed by a body).

(5)

Regulations under this Part creating an offence—

(a)

may provide for it to be punishable with a term of imprisonment or a fine (or both);

(b)

may not provide for the maximum term of imprisonment to exceed 2 years.

Enforcement

108

(1)

Regulations under this Part may include provision about enforcement.

(2)

The provision that may be made about enforcement includes—

(a)

provision conferring functions on the relevant enforcement authorities;

(b)

provision for the appropriate national authority to—

i

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;

ii

take over the conduct of any proceedings from a relevant enforcement authority in respect of an offence under this Part.

(3)

The provision that may be made about enforcement includes—

(a)

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;

(b)

provision for the forfeiture of products—

i

in England and Wales or Northern Ireland, by court order;

ii

in Scotland, by order of a sheriff;

(c)

provision similar or corresponding to section 92 (HMRC seizure powers).

(4)

Provision made by virtue of subsection (3)(a) may include—

(a)

provision for compensation to be payable by a relevant enforcement authority in specified circumstances;

(b)

provision about the resolution of disputes about compensation.

(5)

Regulations under this section may include provision conferring jurisdiction on a court or tribunal, including—

(a)

provision conferring jurisdiction to order a person to reimburse a relevant enforcement authority’s expenditure in specified circumstances;

(b)

provision about appeals.

(6)

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.

Sub-delegation

109

Regulations under this Part may confer discretions.

Power to make provision binding the Crown

110

(1)

Regulations under this Part may include provision binding the Crown.

(2)

Regulations under this Part which include provision binding the Crown—

(a)

must provide that the Crown is not criminally liable as a result of any such provision, and

(b)

may confer power on the High Court in England and Wales or Northern Ireland, or the Court of Session in Scotland, to declare unlawful any act or omission for which the Crown would be criminally liable if it were not for provision made by virtue of paragraph (a).

(3)

Provision made by virtue of subsection (2)(b) which confers power on the Court of Session to make a declaration must provide that such a declaration may only be made on an application by the Scottish Ministers or a local weights and measures authority in Scotland.

(4)

Provision made by virtue of this section does not affect the application of regulations under this Part in relation to persons in the public service of the Crown.

Power to amend legislation

111

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).

Consequential repeal

112

In the Children and Families Act 2014 omit section 94.

Enforcement of 2016 Regulations

113

In Schedule 15 to the Digital Markets, Competition and Consumers Act 2024 (consumer protection enactments), in Part 1—

(a)

in the second part of the Table (secondary legislation) at the appropriate place insert—

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

All public designated enforcers, other than—

the Department for the Economy in Northern Ireland;

the Department of Health in Northern Ireland;

the Department for Infrastructure in Northern Ireland;

an enforcement authority within the meaning of section 120(15) of the Communications Act 2003 (regulation of premium rate services);

the Maritime and Coastguard Agency;

the Office for the Traffic Commissioner;

the Secretary of State.

All private enforcers.

;

(b)

in the fifth part of the Table (saved legislation) omit the entry for the Tobacco Products (Manufacture, Presentation and Sale) (Safety) Regulations 2002 (S.I. 2002/3041).

Consultation and consent

Consultation

114

Before making regulations under this Part the Secretary of State must consult any persons the Secretary of State considers it appropriate to consult.

Consent to regulations under Part 5

115

Before making regulations under this Part the Secretary of State must obtain the consent of—

(a)

the Welsh Ministers, if the regulations contain provision which would be within the legislative competence of Senedd Cymru if contained in an Act of the Senedd;

(b)

the Scottish Ministers, if the regulations contain provision which would be within the legislative competence of the Scottish Parliament if contained in an Act of the Scottish Parliament;

(c)

the Executive Office in Northern Ireland, if the regulations contain provision which—

i

would be within the legislative competence of the Northern Ireland Assembly if contained in an Act of the Assembly, and

ii

would not, if it were contained in a Bill for an Act of the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.

Interpretation

Interpretation of Part 5

116

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).

Meaning of “nicotine product”

117

(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.

Part Part 6 — Advertising and sponsorship

Advertising

Publishing advertisements

118

(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.

Designing advertisements

119

(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.

Printing advertisements

120

(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.

Distributing advertisements

121

(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.

Causing publication, designing, printing or distribution

122

(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.

Internet services

123

(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).

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

124

(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 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.

(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).

Advertising defences: general

125

(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—

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.

(3)

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

(a)

sufficient evidence of the matter is adduced to raise an issue with respect to it, and

(b)

the contrary is not proved beyond reasonable doubt.

Advertising defence: public health campaigns

126

(1)

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.

(2)

A public authority may only make such arrangements for the purposes of promoting or protecting public health.

(3)

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

(a)

sufficient evidence of the matter is adduced to raise an issue with respect to it, and

(b)

the contrary is not proved beyond reasonable doubt.

(4)

A reference in this section to a “category” of vaping products or nicotine products does not include a brand.

Specialist tobacconists

127

(1)

A person does not commit an offence under any of sections 118 to 122 in relation to an advertisement whose purpose is or effect will be to promote a tobacco product if the advertisement—

(a)

is in a specialist tobacconist,

(b)

is not visible from outside the specialist tobacconist,

(c)

is not for cigarettes or hand-rolling tobacco, and

(d)

complies with the requirements (if any) specified by the appropriate national authority in regulations as to the inclusion of health warnings and information.

(2)

Regulations under subsection (1) are subject to the negative resolution procedure.

(3)

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.

(4)

For the purposes of determining whether a shop is a specialist tobacconist, the sales are to be measured by sale price—

(a)

during the most recent period of 12 months for which accounts are available, or

(b)

during the period for which the shop has been established, if it has not been established long enough for 12 months’ accounts to be available.

Exclusion for advertisements that are displays

128

(1)

No offence is committed under this Part by the display of something that amounts to an advertisement if the display of that thing is subject to the law relating to displays.

(2)

For this purpose, the display of something is “subject to the law relating to displays” if—

(a)

regulations could be made in respect of the display under section 13 (England);

(b)

the display falls within section 1(1) of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) (whether or not an offence is committed under that section in respect of it) or regulations could be made in respect of the display under section 3 or 3A of that Act (Scotland);

(c)

regulations could be made in respect of the display under section 14 (Wales);

(d)

regulations could be made in respect of the display under Article 4K of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) (Northern Ireland).

Brandsharing

Brandsharing

129

(1)

The Secretary of State may by regulations make provision prohibiting or restricting brandsharing in relation to—

(a)

tobacco products;

(b)

herbal smoking products;

(c)

cigarette papers;

(d)

vaping products;

(e)

nicotine products.

(2)

In subsection (1) “brandsharing”, in relation to such a product (a “relevant product”), means—

(a)

the use in connection with a service or product (other than the relevant product) of anything which is the same as, or similar to, a name, emblem or any other feature identified with the relevant product, or

(b)

the use in connection with the relevant product of anything which is the same as, or similar to, a name, emblem or other feature identified with a service or product other than the relevant product,

where the purpose of the use is, or the effect of the use will be, to promote the relevant product.

(3)

Regulations under this section may create offences in relation to a failure to comply with the regulations.

(4)

The regulations must provide for any offence to be triable either way and punishable—

(a)

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

(b)

on summary conviction—

i

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

ii

in Scotland, by imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both;

iii

in Northern Ireland, by imprisonment for a term not exceeding 6 months, or a fine not exceeding the statutory maximum, or both.

(5)

Before making regulations under this section the Secretary of State must obtain the consent of—

(a)

the Scottish Ministers, if the regulations contain provision which would be within the legislative competence of the Scottish Parliament if contained in an Act of the Scottish Parliament;

(b)

the Department of Health in Northern Ireland, if the regulations contain provision which—

i

would be within the legislative competence of the Northern Ireland Assembly if contained in an Act of the Assembly, and

ii

would not, if it were contained in a Bill for an Act of the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.

(6)

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

Sponsorship

Sponsorship: tobacco products

130

(1)

A person commits an offence if—

(a)

the person is party to an agreement (entered into at any time),

(b)

under the agreement, a party to it, acting in the course of business, makes a contribution towards something,

(c)

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

(d)

the person knew or had reason to suspect—

i

that the contribution referred to in paragraph (b) was made in the course of business, and

ii

that the action referred to in paragraph (c) had that purpose or would have that effect.

(2)

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

(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.

Sponsorship: vaping and nicotine and other products

131

(1)

A person commits an offence if—

(a)

the person is party to an agreement entered into on or after the day on which this section comes into force,

(b)

under the agreement, a party to it, acting in the course of business, makes a contribution towards something,

(c)

the purpose 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—

i

a herbal smoking product,

ii

cigarette papers,

iii

a vaping product, or

iv

a nicotine product, and

(d)

the person knew or had reason to suspect—

i

that the contribution referred to in paragraph (b) was made in the course of business, and

ii

that the action referred to in paragraph (c) had that purpose or would have that effect.

(2)

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

(a)

on conviction on indictment, to imprisonment for a term not exceeding 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.

(3)

In subsection (1) “specified date” means a date specified by the Secretary of State by regulations.

Audiovisual services and radio broadcasting

Audiovisual services and radio broadcasting

132

This Part does not apply in relation to anything included in—

(a)

a service falling within section 211(1) of the Communications Act 2003 (independent television services regulated by the Office of Communications) which is not an additional television service (within the meaning of Part 3 of that Act),

(b)

a service which—

i

falls within section 245(1) of the Communications Act 2003 (independent radio services regulated by the Office of Communications), and

ii

is not a digital additional sound service (within the meaning of Part 3 of that Act),

(c)

an on-demand programme service (within the meaning given by section 368A of the Communications Act 2003),

(d)

a non-UK on-demand programme service that is a Tier 1 service (within the meaning given by sections 368AA and 368HA of the Communications Act 2003 respectively), or

(e)

a service provided by the British Broadcasting Corporation or Sianel Pedwar Cymru (the body corporate so named by section 56 of the Broadcasting Act 1990).

Extension of provisions about audiovisual and radio broadcasting

133

Schedule 16 contains—

(a)

amendments to extend certain provisions of the Communications Act 2003 to all vaping products and to herbal smoking products, cigarette papers and nicotine products, and

(b)

other amendments to that Act made in consequence of this Part.

Offences by bodies

Liability of others for offences committed by bodies

134

(1)

Where an offence under this Part or under regulations made under it—

(a)

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

(b)

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

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

(2)

In this section—

“body” means—

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

Enforcement authorities

135

(1)

It is the duty of an enforcement authority to enforce within its area the provisions of this Part.

(2)

In this Part “enforcement authority” means—

(a)

in relation to England and Wales, local weights and measures authorities,

(b)

in relation to Scotland, local weights and measures authorities, and

(c)

in relation to Northern Ireland, district councils.

Power of ministers etc to take over enforcement functions

136

(1)

The appropriate national authority may direct that, in relation to cases of a particular description or in a particular case, the duty imposed on an enforcement authority by section 135 is to be discharged by the appropriate national authority and not by the enforcement authority.

(2)

In subsection (1) “appropriate national authority”—

(a)

in relation to the giving of a direction to an enforcement authority in England, means the Secretary of State,

(b)

in relation to the giving of a direction to an enforcement authority in Wales, means the Welsh Ministers,

(c)

in relation to the giving of a direction to an enforcement authority in Scotland, means the Scottish Ministers, and

(d)

in relation to the giving of a direction to an enforcement authority in Northern Ireland, means the Department of Health in Northern Ireland.

Power of ministers etc to take over proceedings

137

(1)

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.

(2)

The Welsh Ministers may take over the conduct of any proceedings from an enforcement authority in Wales in respect of an offence committed under this Part.

(3)

The Department of Health in Northern Ireland may take over the conduct of any proceedings from an enforcement authority in Northern Ireland in respect of an offence committed under this Part.

Alignment of definition in old advertising legislation pending replacement

Alignment of definition of “tobacco product” in old legislation

138

In section 1 of the Tobacco Advertising and Promotion Act 2002 (interpretation), for the definition of “tobacco product” substitute—

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

Power to extend advertising legislation

Power to extend Part 6 and Communications Act 2003 to other products

139

(1)

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)

a filter that does not form part of a tobacco product or herbal smoking product;

(b)

a device of a specified description which enables a tobacco product to be consumed (for example, a heated tobacco device or pipe);

(c)

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

(2)

Before making regulations under this section the Secretary of State must consult any persons the Secretary of State considers it appropriate to consult.

(3)

Before making regulations under this section the Secretary of State must obtain the consent of—

(a)

the Welsh Ministers, if the regulations contain provision which would be within the legislative competence of Senedd Cymru if contained in an Act of the Senedd;

(b)

the Scottish Ministers, if the regulations contain provision which would be within the legislative competence of the Scottish Parliament if contained in an Act of the Scottish Parliament;

(c)

the Department of Health in Northern Ireland, if the regulations contain provision which—

i

would be within the legislative competence of the Northern Ireland Assembly if contained in an Act of the Assembly, and

ii

would not, if it were contained in a Bill for an Act of the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.

(4)

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

Crown application

Crown application

140

(1)

This Part and regulations made under it bind the Crown.

(2)

Nothing in this Part or regulations made under it makes the Crown criminally liable.

(3)

The High Court 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).

(4)

The power of the Court of Session to make a declaration under subsection (3) may only be made on an application by—

(a)

the Scottish Ministers, or

(b)

a local weights and measures authority in Scotland.

(5)

Subsection (2) does not affect the criminal liability of persons in the service of the Crown.

Interpretation

Interpretation of Part 6

141

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.

Part Part 7 — Smoke-free places, vape-free places and other free-from places

England

Addition of smoke-free places in England

142

(1)

The Health Act 2006 is amended as follows.

(2)

For section 4 substitute—

Additional smoke-free places

4

(1)

The Secretary of State may make regulations designating as smoke-free any place in England that—

(a)

is a workplace, or

(b)

is open to the public,

and is not smoke-free under section 2.

(2)

If the place is used as a place of work or open to the public only some of the time the regulations must provide for it to be smoke-free only when so used.

(3)

The regulations may, in particular—

(a)

provide for places or vehicles to be smoke-free, in specified circumstances, at specified times or if specified conditions are satisfied (or any combination of those);

(b)

provide for exceptions, which may be framed by reference to the designation by a person of areas which are not smoke-free.

(4)

Before making regulations under this section the Secretary of State must consult any persons the Secretary of State considers it appropriate to consult.

(3)

In section 5 (vehicles)—

(a)

in subsection (2), for paragraph (d) substitute—

(d)

for exceptions, which may be framed by reference to the designation by a person of areas which are not smoke-free.

;

(b)

after subsection (3) insert—

(3A)

Before making regulations under this section the Secretary of State must consult any persons the Secretary of State considers it appropriate to consult.

Smoke-free premises: recasting of power to exempt performers

143

(1)

In the Health Act 2006—

(a)

in section 3, omit subsections (5) and (8) (power to exempt premises by references to performers);

(b)

in section 6, in subsection (9) omit from “(and references” to the end;

(c)

in section 7—

i

in subsection (1), in paragraph (a) omit “(including premises which” to the end;

ii

for subsection (3) substitute—

(3)

The Secretary of State may by regulations create defences to the offence under subsection (2) for the purpose of allowing a performer to smoke during a performance where that is justified in order to preserve the artistic integrity of the performance.

iii

in subsection (5), for “in subsection” substitute “under or by virtue of subsection (3) or”;

(d)

in section 8—

i

omit subsection (2);

ii

after subsection (5) insert—

(5A)

The Secretary of State may by regulations create defences to the offence under subsection (4) for the purpose of allowing a performer to smoke during a performance where that is justified in order to preserve the artistic integrity of the performance.

;

iii

in subsection (6), after “subsection (5)” insert “or (5A)”;

iv

in subsection (8) omit from “(and references” to the end;

(e)

in section 79, for “7(6), 8(7)” substitute “7(3) or (6), 8(5A) or (7)”.

(2)

Regulation 6 of the Smoke-free (Exemptions and Vehicles) Regulations (S.I. 2007/765) is revoked.

No-smoking signs in England

144

(1)

Section 6 of the Health Act 2006 (no-smoking signs) is amended as follows.

(2)

For subsection (1) substitute—

(1)

A person who occupies or is concerned in the management of smoke-free premises must make sure that no-smoking signs are displayed in or near those premises in accordance with any requirements imposed by regulations made by the Secretary of State for the purposes of this subsection.

(1A)

The regulations may, in particular, impose requirements about—

(a)

the content or appearance of a sign (for example, requirements as to its size, design, colour, or wording);

(b)

how and where signs are to be displayed.

(3)

After subsection (2) insert—

(2A)

Regulations under subsection (2) may, in particular, include any provision that may be made by regulations under subsection (1).

(4)

Omit subsections (3) and (4).

Vape-free places in England

145

(1)

The Health Act 2006 is amended as follows.

(2)

After section 8 insert—

(a)

the content or appearance of a sign (for example, requirements as to its size, design, colour, or wording);

(b)

how and where signs are to be displayed.

(4)

Regulations may create exceptions to the duty in paragraph (2).

(5)

A person who fails to comply with the duty in paragraph (1) or (2) commits an offence.

(6)

It is a defence for a person charged with an offence under paragraph (5) to show—

(a)

that they did not know, and could not reasonably have been expected to know, that the place or vehicle was vape-free,

(b)

that they did not know, and could not reasonably have been expected to know, that no-vaping signs complying with the requirements of this Article were not being displayed in accordance with the requirements of this Article, or

(c)

that on other grounds it was reasonable for them not to comply with the duty.

(7)

If a person charged with an offence under paragraph (5) relies on a defence in paragraph (6), and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.

(8)

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

Offences relating to vaping

Offence of vaping in vape-free place

9C

(1)

A person who uses a relevant vape in a vape-free place or vehicle commits an offence.

(2)

It is a defence for a person charged with an offence under paragraph (1) to show—

(a)

that they did not know, and could not reasonably have been expected to know, that it was a vape-free place or vehicle, or

(b)

that—

i

the person was using the vape when performing in a performance,

ii

that the use of the vape was justified to preserve the artistic integrity of the performance, and

iii

that the vape was not being used to vaporise a substance containing nicotine.

(3)

If a person charged with an offence under this Article relies on a defence in paragraph (2), and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.

(4)

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

Offence of failing to prevent vaping

9D

(1)

A person who controls or is concerned in the management of a vape-free place must cause a person using a relevant vape there to stop using the vape.

(2)

The driver of a vape-free vehicle, and any other person specified in regulations, must cause a person using a relevant vape in the vehicle to stop using the vape.

(3)

A person who fails to comply with the duty in paragraph (1) or (2) commits an offence.

(4)

It is a defence for a person charged with an offence under paragraph (3) to show—

(a)

that they took reasonable steps to cause the person in question to stop using the vape,

(b)

that they did not know, and could not reasonably have been expected to know, that the person in question was using a vape, or

(c)

that on other grounds it was reasonable for them not to comply with the duty.

(5)

It is a defence for a person charged with an offence under paragraph (3) to show—

(a)

that the person using the vape was using it when performing in a performance,

(b)

that the use of the vape was justified to preserve the artistic integrity of the performance, and

(c)

that the vape was not being used to vaporise a substance containing nicotine.

(6)

If a person charged with an offence under this Article relies on a defence in paragraph (4) or (5), and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.

(7)

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

(6)

Articles 10 to 13 become Part 5, with the heading “Enforcement”, and the italic heading before Article 10 is omitted.

(7)

Articles 14 to 17 (and the italic heading before Article 14) become Part 6, with the heading “Miscellaneous and supplementary”.

(8)

In Article 15 (regulations), in paragraph (3)(a), after “6” insert “, 9A”.

Heated tobacco-free places in Northern Ireland

162

(1)

The Smoking (Northern Ireland) Order 2006 (S.I. 2006/2957 (N.I. 20)) is amended as follows.

(2)

In Article 2 (interpretation), in paragraph (3) insert at the appropriate place—

“heated tobacco-free place”: see Article 9E;

“heated tobacco-free vehicle”: see Article 9E;

.

(3)

After Article 9D (inserted by section 161 of this Act) insert—

Part Part 4 — Using heated tobacco devices

Heated tobacco-free places and vehicles

Heated tobacco-free places and vehicles

9E

(1)

Regulations may designate places or vehicles as heated tobacco-free.

(2)

Only smoke-free places may be designated as heated tobacco-free.

(3)

The regulations may, in particular—

(a)

provide for places or vehicles to be heated tobacco-free, in specified circumstances, at specified times or if specified conditions are satisfied (or any combination of those);

(b)

provide for exceptions, which may be framed by reference to the designation by a person of areas which are not heated tobacco-free.

(4)

The regulations may, in particular, frame the circumstances in which a vehicle is heated tobacco-free by reference to—

(a)

whether a person under the age of 18 is present;

(b)

its location.

(5)

Before making regulations under this Article the Department must consult any persons it considers it appropriate to consult.

(6)

References in this Order, however expressed, to places or vehicles which are heated tobacco-free are to those places or vehicles so far as they are heated tobacco-free by virtue of regulations under this Article.

(7)

In this Article “smoke-free place” has the meaning given by Article 8(1).

Heated tobacco-free places and vehicles: signs

Heated tobacco-free places and vehicles: signs

9F

(1)

A person who occupies or is concerned in the management of a heated tobacco-free place must make sure that signs are displayed in or near that place in accordance with any requirements imposed by regulations.

(2)

A person who has management responsibilities for a heated tobacco-free vehicle must make sure that signs are displayed in that vehicle in accordance with any requirements imposed by regulations.

(3)

The signs must indicate that the use of heated tobacco devices is prohibited in the place or vehicle.

(4)

Regulations under paragraph (1) or (2) may, in particular, impose requirements about—

(a)

the content or appearance of a sign (for example, requirements as to its size, design, colour, or wording);

(b)

how and where signs are to be displayed.

(5)

Regulations may create exceptions to the duty in paragraph (2).

(6)

A person who fails to comply with the duty in paragraph (1) or (2) commits an offence.

(7)

It is a defence for a person charged with an offence under paragraph (6) to show—

(a)

that they did not know, and could not reasonably have been expected to know, that the place or vehicle was heated tobacco-free,

(b)

that they did not know, and could not reasonably have been expected to know, that signs complying with the requirements of this Article were not being displayed in accordance with the requirements of this Article, or

(c)

that on other grounds it was reasonable for them not to comply with the duty.

(8)

If a person charged with an offence under paragraph (6) relies on a defence in paragraph (7), and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.

(9)

A person guilty of an offence under paragraph (6) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Offences relating to use of heated tobacco devices

Offence of using heated tobacco device

9G

(1)

A person who uses a heated tobacco device in a heated tobacco-free place or vehicle commits an offence.

(2)

It is a defence for a person charged with an offence under paragraph (1) to show that they did not know, and could not reasonably have been expected to know, that it was a heated tobacco-free place or vehicle.

(3)

If a person charged with an offence under this Article relies on the defence in paragraph (2), and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.

(4)

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

Offence of failing to prevent use of heated tobacco device

9H

(1)

A person who controls or is concerned in the management of a heated tobacco-free place must cause a person using a heated tobacco device there to stop using the device.

(2)

The driver of a heated tobacco-free vehicle, and any other person specified in regulations, must cause a person using a heated tobacco device in the vehicle to stop using the device.

(3)

A person who fails to comply with the duty in paragraph (1) or (2) commits an offence.

(4)

It is a defence for a person charged with an offence under paragraph (3) to show—

(a)

that they took reasonable steps to cause the person in question to stop using the heated tobacco device,

(b)

that they did not know, and could not reasonably have been expected to know, that the person in question was using a heated tobacco device, or

(c)

that on other grounds it was reasonable for them not to comply with the duty.

(5)

If a person charged with an offence under paragraph (3) relies on a defence in paragraph (4), and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.

(6)

A person guilty of an offence under paragraph (3) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(4)

In Article 15 (regulations), in paragraph (3)(a), after “, 9A” (inserted by section 161 of this Act) insert “, 9E”.

Amendments consequential on sections 159 to 162

163

Schedule 20 contains amendments consequential on sections 159 to 162.

Ships

Power to prohibit vaping etc on ships

164

(1)

Section 85 of the Merchant Shipping Act 1995 (safety and health on ships) is amended as follows.

(2)

In subsection (8)—

(a)

in the words before paragraph (a)—

i

after “prohibition of smoking” insert “or the use of relevant vapes or heated tobacco devices”;

ii

for “smoking provisions” substitute “relevant provisions”;

(b)

in paragraph (a), for “smoking provisions” substitute “relevant provisions”;

(c)

in paragraph (b), at the end insert “in relation to the relevant provisions”;

(d)

in paragraph (c)—

i

after “enforcement functions” insert “in relation to the relevant provisions”;

ii

after “authorised officers have” insert “in relation to smoking”;

iii

for “(which confers powers of entry, etc., on authorised officers of enforcement authorities in relation to the enforcement of the provisions of that Act in relation to smoking)” substitute “(powers of entry)”;

(e)

for paragraph (d) substitute—

(d)

in relation to an offence of smoking or using a relevant vape or heated tobacco device in a place where to do so is prohibited under the relevant provisions, for purposes corresponding to those of section 9 and Schedule 1 to the Health Act 2006 (fixed penalties).

;

(f)

omit the words after paragraph (d).

(3)

After subsection (8) insert—

(9)

In subsection (8)—

“heated tobacco device” means a device that heats tobacco to generate a vapour or an aerosol for the purpose of inhalation through a mouthpiece (whether or not it can also heat other matter to produce a vapour or aerosol);

“relevant vape” means a vape that is not a heated tobacco device;

“smoking” has the same meaning as in Chapter 1 of Part 1 of the Health Act 2006;

“vape” has the meaning given by section 50 of the Tobacco and Vapes Act 2026.

Part Part 8 — General

Review of Act

165

(1)

The Secretary of State must—

(a)

carry out a review of the operation of this Act during the relevant period, and

(b)

prepare and lay before Parliament a report setting out the conclusions of that review.

(2)

In carrying out the review the Secretary of State must, in particular—

(a)

consider any evidence as to the economic or health impacts of the Act, and

(b)

consult—

i

the Welsh Ministers,

ii

the Scottish Ministers, and

iii

the Department of Health in Northern Ireland.

(3)

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.

Application to Parliament

166

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.

Further consequential amendments

167

Schedule 21 contains further consequential amendments.

Power of Secretary of State to make consequential provision

168

(1)

The Secretary of State may by regulations make provision that is consequential on this Act.

(2)

Regulations under this section may amend, repeal or revoke legislation passed or made before, or in the same Session as, this Act (including provision made by this Act).

(3)

Regulations under this section that amend, repeal or revoke primary legislation are subject to the affirmative resolution procedure.

(4)

Any other regulations under this section are subject to the negative resolution procedure.

(5)

In this section “primary legislation” means—

(a)

an Act of Parliament,

(b)

an Act of the Scottish Parliament,

(c)

an Act or Measure of Senedd Cymru, or

(d)

Northern Ireland legislation.

Power of Scottish Ministers to make consequential provision

169

(1)

The Scottish Ministers may by regulations make provision that is consequential on any of the following—

(a)

Part 2 (sale and distribution);

(b)

sections 148 to 152 and Schedule 18 (smoke-free places, vape-free places and other free-from places: Scotland).

(2)

Regulations under this section may amend, repeal or revoke provision made by or under—

(a)

an Act passed—

i

before this Act, or

ii

later in the same session of Parliament as this Act, or

(b)

an Act of the Scottish Parliament passed before this Act.

(3)

Regulations under this section that amend or repeal provision made by an Act of the Scottish Parliament, or an Act, are subject to the affirmative resolution procedure.

(4)

Any other regulations under this section are subject to the negative resolution procedure.

Power of Welsh Ministers to make consequential provision

170

(1)

The Welsh Ministers may by regulations make provision that is consequential on any of the following—

(a)

Part 1 (sale and distribution);

(b)

sections 153 to 158 and Schedule 19 (smoke-free places, vape-free places and other free-from places: Wales).

(2)

The only provision that may be made by virtue of this section is provision that would be within the legislative competence of Senedd Cymru if contained in an Act of the Senedd.

(3)

Regulations under this section may amend, repeal or revoke provision made by or under—

(a)

an Act passed—

i

before this Act, or

ii

later in the same session of Parliament as this Act, or

(b)

an Act or Measure of Senedd Cymru passed before this Act.

(4)

Regulations under this section that amend or repeal provision made by an Act or Measure of Senedd Cymru, or an Act, are subject to the affirmative resolution procedure.

(5)

Any other regulations under this section are subject to the negative resolution procedure.

Power of Northern Ireland department to make consequential provision

171

(1)

A Northern Ireland department may by regulations make provision that is consequential on any of the following—

(a)

Part 3 (sale and distribution);

(b)

sections 159 to 163 and Schedule 20 (smoke-free places, vape-free places and other free-from places: Northern Ireland).

(2)

Regulations under this section may amend, repeal or revoke provision made by or under—

(a)

an Act passed—

i

before this Act, or

ii

later in the same session of Parliament as this Act, or

(b)

Northern Ireland legislation passed or made before this Act.

(3)

Regulations under this section that amend, repeal or revoke any provision of an Act or Northern Ireland legislation are subject to the affirmative resolution procedure.

(4)

Any other regulations under this section are subject to the negative resolution procedure.

Regulations: general

172

(1)

A power to make regulations under any provision of this Act includes power to make—

(a)

consequential, supplementary, incidental, transitional or saving provision;

(b)

different provision for different purposes;

(c)

different provision for different parts of the United Kingdom.

(2)

This section does not apply to regulations under section 175, 176 or 177.

Regulations and orders: procedure

173

(1)

Regulations made by the Secretary of State under this Act are to be made by statutory instrument.

(2)

For regulations made under this Act by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (definition of “Scottish statutory instrument”).

(3)

Regulations or orders made by the Welsh Ministers under this Act are to be made by Welsh statutory instrument.

(4)

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)).

(5)

Where regulations under this Act are “subject to the affirmative resolution procedure”, the regulations—

(a)

if made by the Secretary of State, may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament;

(b)

if made by the Welsh Ministers, are subject to the Senedd approval procedure (see Part 2A of the Legislation (Wales) Act 2019 (anaw 4));

(c)

if made by the Scottish Ministers, are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10));

(d)

if made by a Northern Ireland department, may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

(6)

Where regulations under this Act are “subject to the negative resolution procedure”—

(a)

if made by the Secretary of State, the statutory instrument containing them is subject to annulment in pursuance of a resolution of either House of Parliament;

(b)

if made by the Welsh Ministers, the regulations are subject to the Senedd annulment procedure (see Part 2A of the Legislation (Wales) Act 2019 (anaw 4));

(c)

if made by the Scottish Ministers, the regulations are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10));

(d)

if made by a Northern Ireland department, the regulations are subject 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.

(7)

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.

(8)

See also—

(a)

section 33 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (combining Scottish subordinate legislation subject to different procedures);

(b)

section 37G of the Legislation (Wales) Act 2019 (anaw 4) (combining Welsh subordinate legislation subject to different procedures).

Extent

174

(1)

An amendment or repeal made by this Act has the same extent as the provision amended or repealed.

(2)

Subject to that—

(a)

Part 1 extends to England and Wales only;

(b)

Part 2 extends to Scotland only;

(c)

Part 3 extends to Northern Ireland only;

(d)

Parts 4, 5 and 6 and this Part extend to England and Wales, Scotland and Northern Ireland.

Commencement: Parts 1 to 4

175

(1)

Parts 1 to 4 of this Act (sale and distribution etc) come into force at the end of the period of 6 months beginning with the day on which it is passed, except as provided by subsections (2) to (8)

.

(2)

Any provision of, or amendment made by, Parts 1 to 3 so far as it confers a power to make regulations or relates to the exercise of the power, comes into force on the day on which this Act is passed.

(3)

The following (which relate to the age of sale of tobacco etc) come into force on 1 January 2027 (so far as not in force by virtue of subsection (2))—

(a)

sections 1, 2, 5, 6 and 44(2) and Schedule 7;

(b)

section 52;

(c)

sections 72, 73, 76 and 90(2) and Schedule 15.

(4)

Sections 16 to 18 and Schedules 1 and 2 (licensing of retail sales of tobacco products etc in England) come into force (so far as not in force by virtue of subsection (2)) on such day as the Secretary of State may by regulations appoint.

(5)

The following provisions come into force (so far as not in force by virtue of subsection (2)) on such day as the Welsh Ministers may by order appoint—

(a)

sections 19 to 22 and Schedules 3 and 4 (licensing of retail sales of tobacco products etc in Wales);

(b)

section 43 and Schedule 5 (handing over tobacco etc to underage people in Wales).

(6)

Section 67 (alignment of definition of “tobacco product” in Scottish legislation) comes into force on the day on which this Act is passed.

(7)

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—

(a)

section 63 (age verification in relation to tobacco and vaping products etc);

(b)

section 69 and Schedule 9 (extension of retailer register etc in Scotland).

(8)

The following come into force (so far as not in force by virtue of subsection (2)) on such day as the Department of Health in Northern Ireland may by order appoint—

(a)

section 87 and Schedule 10 (extension of retailer register in Northern Ireland);

(b)

section 88 and Schedules 11 to 13 (licensing of retail sales of tobacco products etc in Northern Ireland).

(9)

Regulations or orders under this section may appoint different days for different purposes.

Commencement: Parts 5 to 8

176

(1)

Part 5 (product and information requirements etc) comes into force on the day on which this Act is passed.

(2)

In Part 6 (advertising and sponsorship)—

(a)

section 138 comes into force on the day on which this Act is passed;

(b)

sections 131, 140 and 141 come into force at the end of the period of 2 months beginning with the day on which this Act is passed;

(c)

the other provisions come into force on such day as the Secretary of State may by regulations appoint.

(3)

In Part 7 (smoke-free places, vape-free places and other free-from places)—

(a)

sections 142 to 147 and 164 and Schedule 17 come into force on such day as the Secretary of State may by regulations appoint;

(b)

sections 148 to 152 and Schedule 18 come into force on such day as the Scottish Ministers may by regulations appoint;

(c)

sections 153 to 158 and Schedule 19 come into force on such day as the Welsh Ministers may by order appoint;

(d)

sections 159 to 163 and Schedule 20 come into force on such day as the Department of Health in Northern Ireland may by order appoint.

(4)

This Part comes into force on the day on which this Act is passed, apart from section 167 and Schedule 21 which come into force on such day as the Secretary of State may by regulations appoint.

(5)

Regulations or orders under this section may appoint different days for different purposes.

Transitional provision

177

(1)

The Welsh Ministers may by regulations make transitional or saving provision in connection with the coming into force of—

(a)

sections 19 to 22 and Schedules 3 and 4 (licensing of retail sales of tobacco products etc in Wales);

(b)

section 43 and Schedule 5 (handing over tobacco etc to underage people);

(c)

sections 153 to 158 and Schedule 19 (smoke-free places, vape-free places and other free-from places: Wales).

(2)

The Scottish Ministers may by regulations make transitional or saving provision in connection with the coming into force of—

(a)

Part 2 (sale and distribution: Scotland);

(b)

sections 148 to 152 and Schedule 18 (smoke-free places, vape-free places and other free-from places: Scotland).

(3)

The Department of Health in Northern Ireland may by regulations make transitional or saving provision in connection with the coming into force of—

(a)

Part 3 (sale and distribution: Northern Ireland);

(b)

sections 159 to 163 and Schedule 20 (smoke-free places, vape-free places and other free-from places: Northern Ireland).

(4)

The Secretary of State may by regulations make transitional or saving provision in connection with the coming into force of any provision of this Act.

(5)

Transitional provision and savings made under this section are additional, and without prejudice, to those made by or under any other provision of this Act.

(6)

A power conferred by subsections (1) to (4)

includes power to make different provision for different purposes.

(7)

A requirement imposed under or by virtue of this Act to consult any persons may be satisfied by consultation carried out before this Act comes into force.

Short title

178

This Act may be cited as the Tobacco and Vapes Act 2026.

Schedules

Schedule 1 — Retail licensing scheme: England

Section 16(6)

Introduction

1

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

Licensing authority

2

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

Grant of licence

3

(1)

The regulations may—

(a)

prohibit a licensing authority from granting a licence unless satisfied as to a matter specified in the regulations;

(b)

require a licensing authority to have regard, in deciding whether to grant a licence, to a matter specified in the regulations.

(2)

The provision that may be made under sub-paragraph (1)(a) includes—

(a)

provision prohibiting a licensing authority from granting a premises licence in respect of premises within an area of a description specified in the regulations;

(b)

provision limiting the number of licensed premises within an area of a description specified in the regulations.

(3)

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

Licence fee

4

(1)

The regulations may authorise a licensing authority to charge a fee in respect of an application for the grant of a licence (which may be set at a level that takes into account the cost of exercising functions under or in connection with sections 16 to 18

or the regulations).

(2)

Any such fee must not exceed an amount specified in, or determined in accordance with, the regulations.

(3)

The regulations may require a licensing authority to pay a proportion of any amount received by virtue of sub-paragraph (1) to any other person with functions under or in connection with sections 16 to 18

or the regulations.

Licence conditions

5

(1)

The regulations may make provision for the grant of a licence subject to conditions.

(2)

Provision of the kind mentioned in sub-paragraph (1) may—

(a)

enable a licensing authority to attach conditions to a licence;

(b)

require a licensing authority to attach to a licence a condition specified in the regulations.

(3)

The provision that may be made under sub-paragraph (1) includes provision prohibiting or restricting the sale of relevant products within an area of a description specified in the regulations.

Duration etc of licence

6

(1)

The regulations may make provision about the duration, renewal, variation, suspension or revocation of licences.

(2)

The provision that may be made under sub-paragraph (1) includes provision conferring power on a court by which a person is convicted of an offence under section 17 to vary, suspend or revoke a licence.

Publication of licence information

7

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

Reviews and appeals

8

(1)

The regulations must specify the circumstances in which a person may request a review of a decision taken under the regulations.

(2)

The regulations must confer a right of appeal to the magistrates’ court against a decision taken on a review.

(3)

The regulations may contain provision about time limits for requesting reviews or initiating appeals.

Guidance

9

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

Sub-delegation

10

The regulations may confer discretions.

Interpretation

11

In this Schedule—

“grant” includes vary or renew;

“licence” means a personal licence or a premises licence;

“licensing authority” has the meaning given by paragraph 2;

“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).

Schedule 2 — Financial penalties for breach of retail licence conditions: England

Section 18

Introduction

1

(1)

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

(2)

In this Schedule “relevant district council” has the meaning given by section 18(6).

Notices of intent

2

(1)

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.

(2)

A notice of intent must specify—

(a)

the amount of the proposed financial penalty,

(b)

the reasons for proposing to impose the penalty,

(c)

information about the right to make representations under paragraph 3, and

(d)

the date by which any representations must be made.

(3)

The date specified under sub-paragraph (2)(d) must be a date more than 28 days after the day on which the notice of intent is given to the person.

(4)

The local weights and measures authority 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.

Right to make representations

3

(1)

A person who is given a notice of intent under paragraph 2 may make written representations to the local weights and measures authority or relevant district council that issued the notice about the proposal to impose a financial penalty.

(2)

Any representations must be made within the period (“the period for representations”) ending with the date specified under paragraph 2(2)(d).

Final notices

4

(1)

After the end of the period for representations the local weights and measures authority or relevant district council must decide whether to impose a financial penalty on the person.

(2)

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.

(3)

A final notice must specify—

(a)

the amount of the financial penalty,

(b)

the reasons for imposing the penalty,

(c)

the date by which the penalty must be paid,

(d)

information about the right of appeal under paragraph 5, and

(e)

the consequences of failure to comply with the final notice.

(4)

The date specified under sub-paragraph (3)(c) must be a date more than 28 days after the day on which the final notice is given to the person.

(5)

The local weights and measures authority 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.

(6)

A final notice may not be given more than 28 days after the last day of the period for representations.

Appeals

5

(1)

A person on whom a financial penalty is imposed under section 18 may appeal to the magistrates’ court against—

(a)

the decision to impose the penalty, or

(b)

the amount of the penalty.

(2)

An appeal under this paragraph must be brought before the end of the period of 28 days beginning with the day after the day on which the final notice is given to the person in accordance with paragraph 4.

(3)

On an appeal under this paragraph the magistrates’ court may confirm, reduce or cancel the penalty.

(4)

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

Recovery

6

(1)

This paragraph applies if a person fails to pay the whole or part of a financial penalty before the end of the period within which the person is required to pay the penalty.

(2)

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.

Use of proceeds

7

(1)

Any sums received in pursuance of final notices given under paragraph 4 must be paid into the Consolidated Fund.

(2)

But before paying such sums into the Consolidated Fund the local weights and measures authority or relevant district council may deduct—

(a)

the costs of investigating the matters to which the final notices relate, and

(b)

the costs of issuing the notices.

Schedule 3 — Retail licensing scheme: Wales

Section 19(6)

Introduction

1

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

Grant of licence

2

(1)

The regulations may—

(a)

prohibit a licensing authority from granting a licence unless satisfied as to a matter specified in the regulations;

(b)

require a licensing authority to have regard, in deciding whether to grant a licence, to a matter specified in the regulations.

(2)

The provision that may be made under sub-paragraph (1)(a) includes—

(a)

provision prohibiting a licensing authority from granting a premises licence in respect of premises within an area of a description specified in the regulations;

(b)

provision limiting the number of licensed premises within an area of a description specified in the regulations.

(3)

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

Licence fee

3

(1)

The regulations may authorise a licensing authority to charge a fee in respect of an application for the grant of a licence (which may be set at a level that takes into account the cost of exercising functions under or in connection with sections 19 to 21

or the regulations).

(2)

Any such fee must not exceed an amount specified in, or determined in accordance with, the regulations.

(3)

The regulations may require a licensing authority to pay a proportion of any amount received by virtue of sub-paragraph (1) to any other person with functions under sections 19 to 21

or the regulations.

Licence conditions

4

(1)

The regulations may make provision for the grant of a licence subject to conditions.

(2)

Provision of the kind mentioned in sub-paragraph (1) may—

(a)

enable a licensing authority to attach conditions to a licence;

(b)

require a licensing authority to attach to a licence a condition specified in the regulations.

(3)

The provision that may be made under sub-paragraph (1) includes provision prohibiting or restricting the sale of relevant products within an area of a description specified in the regulations.

Duration etc of licence

5

(1)

The regulations may make provision about the duration, renewal, variation, suspension or revocation of licences.

(2)

The provision that may be made under sub-paragraph (1) includes provision conferring power on a court by which a person is convicted of an offence under section 20 to vary, suspend or revoke a licence.

Publication of licence information

6

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

Reviews and appeals

7

(1)

The regulations must specify the circumstances in which a person may request a review of a decision taken under the regulations.

(2)

The regulations must confer a right of appeal to the magistrates’ court against a decision taken on a review.

(3)

The regulations may contain provision about time limits for requesting reviews or initiating appeals.

Guidance

8

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

Sub-delegation

9

The regulations may confer discretions.

Interpretation

10

In this Schedule—

“grant” includes vary or renew;

“licence” means a personal licence or a premises licence;

“licensing authority”, in relation to the doing of things or the use of 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).

Schedule 4 — Financial penalties for breach of retail licence conditions: Wales

Section 21

Introduction

1

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

Notices of intent

2

(1)

A local weights and measures authority must, before imposing a financial penalty on a person, give the person written notice (a “notice of intent”) of the proposed financial penalty.

(2)

A notice of intent must specify—

(a)

the amount of the proposed financial penalty,

(b)

the reasons for proposing to impose the penalty,

(c)

information about the right to make representations under paragraph 3, and

(d)

the date by which any representations must be made.

(3)

The date specified under sub-paragraph (2)(d) must be a date more than 28 days after the day on which the notice of intent is given to the person.

(4)

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

Right to make representations

3

(1)

A person who is given a notice of intent under paragraph 2 may make written representations to the local weights and measures authority that issued the notice about the proposal to impose a financial penalty.

(2)

Any representations must be made within the period (“the period for representations”) ending with the date specified under paragraph 2(2)(d).

Final notices

4

(1)

After the end of the period for representations the local weights and measures authority must decide whether to impose a financial penalty on the person.

(2)

If the local weights and measures authority decides to impose a financial penalty on the person, the authority must give the person written notice (a “final notice”) imposing the penalty.

(3)

A final notice must specify—

(a)

the amount of the financial penalty,

(b)

the reasons for imposing the penalty,

(c)

the date by which the penalty must be paid,

(d)

information about the right of appeal under paragraph 5, and

(e)

the consequences of failure to comply with the final notice.

(4)

The date specified under sub-paragraph (3)(c) must be a date more than 28 days after the day on which the final notice is given to the person.

(5)

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

(6)

A final notice may not be given more than 28 days after the last day of the period for representations.

Appeals

5

(1)

A person on whom a financial penalty is imposed under section 21 may appeal to the magistrates’ court against—

(a)

the decision to impose the penalty, or

(b)

the amount of the penalty.

(2)

An appeal under this paragraph must be brought before the end of the period of 28 days beginning with the day after the day on which the final notice is given to the person in accordance with paragraph 4.

(3)

On an appeal under this paragraph the magistrates’ court may confirm, reduce or cancel the penalty.

(4)

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

Recovery

6

(1)

This paragraph applies if a person fails to pay the whole or part of a financial penalty before the end of the period within which the person is required to pay the penalty.

(2)

The local weights and measures authority that imposed the financial penalty may recover the unpaid amount of the penalty as if it were payable under an order of the county court.

Use of proceeds

7

(1)

Any sums received in pursuance of final notices given under paragraph 4 must be paid into the Welsh Consolidated Fund.

(2)

But before paying such sums into the Welsh Consolidated Fund the local weights and measures authority may deduct—

(a)

the costs of investigating the matters to which the final notices relate, and

(b)

the costs of issuing the notices.

Schedule 5 — Handing over tobacco etc to underage people in Wales

Section 43

1

The Public Health (Wales) Act 2017 (anaw 2) is amended as follows.

2

In the heading of Part 3—

(a)

in the Welsh language text, after “tybaco” insert “, cynhyrchion fepio”;

(b)

in the English language text, after “tobacco” insert “, vaping products”.

3

In the heading of Chapter 4 of Part 3—

(a)

in the Welsh language text omit “i bersonau o dan 18 oed”;

(b)

in the English language text omit “to persons under 18”.

4

In the Welsh language text, before section 52 insert—

Y drosedd o roi tybaco etc. i bobl a anwyd ar neu ar ôl 1 Ionawr 2009

51A

(1)

Mae person (“A”) yn cyflawni trosedd—

(a)

os yw A, mewn cysylltiad â threfniadau o dan adran 53, yn rhoi yng Nghymru gynhyrchion tybaco, cynhyrchion smygu llysieuol neu bapurau sigaréts i berson a anwyd ar neu ar ôl 1 Ionawr 2009 (“B”),

(b)

os nad yw’r rhoi yn digwydd naill ai—

i

yng nghwrs crefft, proffesiwn, busnes neu gyflogaeth B, neu

ii

yng ngŵydd person arall a anwyd cyn 1 Ionawr 2009,

(c)

os yw A, ar adeg y rhoi, yn gwybod bod cynhyrchion tybaco, cynhyrchion smygu llysieuol neu bapurau sigaréts (pa un bynnag sy’n gymwys) yn cael eu rhoi, a

(d)

pan roddir y cynhyrchion tybaco, y cynhyrchion smygu llysieuol neu’r papurau sigaréts, os nad ydynt mewn pecyn—

i

sydd wedi ei selio, a

ii

sydd â chyfeiriad arno, at ddiben ei ddanfon i’r cyfeiriad hwnnw yn unol â threfniadau o fewn adran 53.

(2)

Ystyr “pecyn” yn isadran (1)(d) yw pecyn yn ychwanegol at y pecyn gwreiddiol y mae’r cynhyrchion tybaco, y cynhyrchion smygu llysieuol neu’r papurau sigaréts wedi eu cyflenwi ynddo at ddiben eu gwerthu drwy fanwerthu gan eu gwneuthurwr neu eu mewnforiwr.

(3)

Mae person sy’n euog o drosedd o dan yr adran hon yn agored ar euogfarn ddiannod i ddirwy nad yw’n uwch na lefel 4 ar y raddfa safonol.

(4)

Pan fo person (“y cyhuddedig”) wedi ei gyhuddo o drosedd o dan yr adran hon oherwydd ymddygiad y cyhuddedig ei hun (ac eithrio yn rhinwedd adran 44 o Ddeddf Llysoedd Ynadon 1980 (p.43) (helpwyr ac anogwyr)) mae’n amddiffyniad i’r cyhuddedig ddangos—

(a)

bod y cyhuddedig yn credu, pan ddigwyddodd y rhoi, fod y person y rhoddwyd y cynhyrchion tybaco, y cynhyrchion smygu llysieuol neu’r papurau sigaréts iddo, neu berson arall a oedd yn bresennol ar adeg y rhoi, wedi cael ei eni cyn 1 Ionawr 2009, a

(b)

naill ai—

i

bod y cyhuddedig wedi cymryd camau rhesymol i gadarnhau oedran y person hwnnw, neu

ii

na allai neb fod wedi amau’n rhesymol o olwg y person hwnnw fod y person wedi cael ei eni ar neu ar ôl 1 Ionawr 2009.

(5)

At ddibenion is-adran (4)(b), mae’r cyhuddedig i gael ei drin fel pe bai wedi cymryd camau rhesymol i gadarnhau oedran person—

(a)

os gofynnodd y cyhuddedig i’r person hwnnw am dystiolaeth o oedran y person hwnnw, a

(b)

pe bai’r dystiolaeth wedi argyhoeddi person rhesymol.

(6)

Pan fo person wedi ei gyhuddo o drosedd o dan yr adran hon oherwydd gweithred neu ddiffyg person arall, neu yn rhinwedd cymhwyso adran 44 o Ddeddf Llysoedd Ynadon 1980 (p.43) (helpwyr ac anogwyr), mae’n amddiffyniad dangos i’r person gymryd rhagofalon rhesymol ac arfer diwydrwydd dyladwy i osgoi cyflawni’r drosedd.

5

In the English language text, before section 52 insert—

Offence of handing over tobacco etc to people born on or after 1 January 2009

51A

(1)

A person (“A”) commits an offence if—

(a)

in connection with arrangements under section 53, A hands over in Wales tobacco products, herbal smoking products or cigarette papers to a person born on or after 1 January 2009 (“B”),

(b)

the handing over does not take place either—

i

in the course of B’s trade, profession, business or employment, or

ii

in the presence of another person who was born before 1 January 2009,

(c)

at the time of the handing over, A knows that tobacco products, herbal smoking products or cigarette papers (whichever is the case) are being handed over, and

(d)

when handed over, the tobacco products, herbal smoking products or cigarette papers are not contained in a package that—

i

is sealed, and

ii

has an address on it, for the purpose of its delivery to that address in accordance with arrangements within section 53.

(2)

“Package” in subsection (1)(d) means a package in addition to the original package in which the tobacco products, herbal smoking products or cigarette papers were supplied for the purpose of retail sale by their manufacturer or importer.

(3)

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

(4)

Where a person (“the accused”) is charged with an offence under this section by reason of the accused’s own conduct (and otherwise than by virtue of section 44 of the Magistrates’ Courts Act 1980 (c.43) (aiders and abettors)) it is a defence for the accused to show—

(a)

that the accused believed, when the handing over took place, that the person to whom the tobacco products, herbal smoking products or cigarette papers were handed over, or another person present at the time of the handing over, was born before 1 January 2009, and

(b)

either—

i

that the accused had taken reasonable steps to establish the age of that person, or

ii

that nobody could reasonably have suspected from that person’s appearance that the person was born on or after 1 January 2009.

(5)

For the purposes of subsection (4)(b), the accused is to be treated as having taken reasonable steps to establish the age of a person if—

(a)

the accused asked that person for evidence of that person’s age, and

(b)

the evidence would have convinced a reasonable person.

(6)

Where a person is charged with an offence under this section by reason of the act or default of another person, or by virtue of the application of section 44 of the Magistrates’ Courts Act 1980 (c.43) (aiders and abettors), it is a defence to show that the person took reasonable precautions and exercised due diligence to avoid committing the offence.

6

(1)

The Welsh language text of section 52 is amended as follows.

(2)

In the heading, for “tybaco etc.” substitute “cynhyrchion fepio a chynhyrchion nicotin”.

(3)

In subsection (1)—

(a)

in paragraph (a), for “dybaco, papurau sigaréts neu gynhyrchion nicotin” substitute “gynhyrchion fepio neu”;

(b)

in paragraph (c), for “tybaco neu bapurau sigaréts neu gynhyrchion nicotin” substitute “cynhyrchion fepio neu”;

(c)

in paragraph (d), for “tybaco, y papurau sigaréts neu’r cynhyrchion nicotin” substitute “cynhyrchion fepio neu’r”.

(4)

In subsection (2), for “tybaco, y papurau sigaréts neu’r cynhyrchion nicotin” substitute “cynhyrchion fepio neu”.

(5)

In subsection (4)(a), for “tybaco, y papurau sigaréts neu’r cynhyrchion nicotin” substitute “cynhyrchion fepio neu”.

(6)

Omit subsection (7).

7

(1)

The English language text of section 52 is amended as follows.

(2)

In the heading, for “tobacco etc.” substitute “vaping and nicotine products”.

(3)

In subsection (1)—

(a)

in paragraph (a), for “tobacco, cigarette papers or” substitute “vaping products or”;

(b)

in paragraph (c), for “tobacco or cigarette papers or” substitute “vaping products or”;

(c)

in paragraph (d), for “tobacco, cigarette papers or” substitute “vaping products or”.

(4)

In subsection (2), for “tobacco, cigarette papers or” substitute “vaping products or”.

(5)

In subsection (4)(a), for “tobacco, cigarette papers or” substitute “vaping products or”.

(6)

Omit subsection (7).

8

(1)

The Welsh language text of section 53 is amended as follows.

(2)

In subsection (1)—

(a)

in the words before paragraph (a), for “tybaco, papurau sigaréts neu gynhyrchion nicotin” substitute “cynnyrch perthnasol”;

(b)

in paragraph (a), for “tybaco, y papurau sigaréts neu’r cynhyrchion nicotin gael eu danfon” substitute “cynnyrch perthnasol gael ei ddanfon”;

(c)

in paragraph (b), for “tybaco, y papurau sigaréts neu’r cynhyrchion nicotin o dan sylw” substitute “cynnyrch perthnasol”.

(3)

In subsection (2)—

(a)

in the words before paragraph (a), for “tybaco, papurau sigaréts neu gynhyrchion nicotin” substitute “cynnyrch perthnasol”;

(b)

in paragraph (a), for “tybaco, y papurau sigaréts neu’r cynhyrchion nicotin gael eu casglu” substitute “cynnyrch perthnasol gael ei gasglu”;

(c)

in paragraph (b), for “tybaco, y papurau sigaréts neu’r cynhyrchion nicotin o dan sylw” substitute “cynnyrch perthnasol”.

(4)

After subsection (3) insert—

(4)

Yn yr adran hon ystyr “cynnyrch perthnasol” yw—

(a)

cynnyrch tybaco,

(b)

cynnyrch smygu llysieuol,

(c)

papurau sigaréts,

(d)

cynnyrch fepio, neu

(e)

cynnyrch nicotin.

9

(1)

The English language text of section 53 is amended as follows.

(2)

In subsection (1)—

(a)

in the words before paragraph (a), for “tobacco, cigarette papers or nicotine products” substitute “a relevant product”;

(b)

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

(c)

in paragraph (b), for “tobacco, cigarette papers or nicotine products concerned” substitute “relevant product”.

(3)

In subsection (2)—

(a)

in the words before paragraph (a), for “tobacco, cigarette papers or nicotine products” substitute “a relevant product”;

(b)

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

(c)

in paragraph (b), for “tobacco, cigarette papers or nicotine products concerned” substitute “relevant product”.

(4)

After subsection (3) insert—

(4)

In this section “relevant product” means—

(a)

a tobacco product,

(b)

a herbal smoking product,

(c)

cigarette papers,

(d)

a vaping product, or

(e)

a nicotine product.

10

In the Welsh language text, after section 54 insert—

Pŵer i ymestyn y Bennod hon i gynhyrchion eraill

54A

Caiff Gweinidogion Cymru drwy reoliadau ddiwygio’r Bennod hon at ddiben ymestyn unrhyw ddarpariaeth sy’n gymwys mewn perthynas â chynhyrchion tybaco i—

(a)

dyfais o ddisgrifiad penodedig sy’n galluogi cynnyrch tybaco i gael ei ddefnyddio (er enghraifft, dyfais cynhesu tybaco neu bibell);

(b)

eitem y bwriedir iddi ffurfio rhan o ddyfais o’r fath.

11

In the English language text, after section 54 insert—

Power to extend this Chapter to other products

54A

(1)

The Welsh Ministers may by regulations amend this Chapter for the purpose of extending any provision that applies in relation to a tobacco product to—

(a)

a device of a specified description which enables a tobacco product to be consumed (for example, a heated tobacco device or pipe);

(b)

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

(2)

Before making regulations under this section the Welsh Ministers must consult any persons the Welsh Ministers consider it appropriate to consult.

12

For the Welsh language text of section 55 substitute—

Dehongli’r Bennod hon

55

Yn y Bennod hon—

ystyr “cyflogaeth” (“employment”) yw unrhyw gyflogaeth, pa un ai â thâl neu’n ddi-dâl, ac mae’n cynnwys—

gwaith o dan gontract am wasanaethau neu fel deiliad swydd, a

profiad gwaith a ddarperir yn unol â chwrs neu raglen hyfforddi neu yng nghwrs hyfforddiant ar gyfer cyflogaeth;

mae i “cynnyrch fepio” yr ystyr a roddir i “vaping product” gan adran 50 o Ddeddf Tybaco a Fêps 2026;

mae i “cynnyrch nicotin” yr ystyr a roddir i “nicotine product” gan adran 50 o Ddeddf Tybaco a Fêps 2026;

mae i “cynnyrch smygu llysieuol” yr ystyr a roddir i “herbal smoking product” gan adran 50 o Ddeddf Tybaco a Fêps 2026;

mae i “cynnyrch tybaco” yr ystyr a roddir i “tobacco product” gan adran 50 o Ddeddf Tybaco a Fêps 2026;

mae “papurau sigaréts” (“cigarette papers”) yn cynnwys unrhyw beth y bwriedir iddo gael ei ddefnyddio ar gyfer cau am gynhyrchion tybaco neu gynhyrchion smygu llysieuol at y diben o alluogi iddynt gael eu smygu.

13

For the English language text of section 55 substitute—

Interpretation of this Chapter

55

In this Chapter—

“cigarette papers” (“papurau sigaréts”) includes anything intended to be used for encasing tobacco products or herbal smoking products for the purpose of enabling them to be smoked;

“employment” (“cyflogaeth”) means any employment, whether paid or unpaid, and includes—

work under a contract for services or as an office holder, and

work experience provided pursuant to a training course or programme or in the course of training for employment;

“herbal smoking product” (“cynnyrch smygu llysieuol”) has the meaning given by section 50 of the Tobacco and Vapes Act 2026;

“nicotine product” (“cynnyrch nicotin”) has the meaning given by section 50 of the Tobacco and Vapes Act 2026;

“tobacco product” (“cynnyrch tybaco”) has the meaning given by section 50 of the Tobacco and Vapes Act 2026;

“vaping product” (“cynnyrch fepio”) has the meaning given by section 50 of the Tobacco and Vapes Act 2026.

14

In the Welsh language text of section 123, in subsection (2), for “neu 50(2)” substitute “, 50(2) neu 54A”.

15

In the English language text of section 123, in subsection (2)(a), for “or 50(2)” substitute “, 50(2) or 54A”.

Section 44

Children and Young Persons Act 1933

1

The Children and Young Persons Act 1933 is amended as follows.

2

Omit sections 12A to 12D and the italic heading before those sections.

3

Omit section 102.

Children and Young Persons (Protection from Tobacco) Act 1991

4

The Children and Young Persons (Protection from Tobacco) Act 1991 is amended as follows.

5

Omit sections 3 and 3A.

6

(1)

Section 4 is amended as follows.

(2)

Omit subsection (2).

(3)

In subsections (3) and (4) omit “or (2).”

(4)

In the heading omit “and on vending machines”.

7

Omit section 5.

Tobacco Advertising and Promotion Act 2002

8

The Tobacco Advertising and Promotion Act 2002 is amended as follows.

9

Omit section 9.

10

In section 17, in subsection (1) omit “9(5),”.

Health Act 2006

11

The Health Act 2006 is amended as follows.

12

Omit Chapter 2 of Part 1.

13

(1)

Section 79 is amended as follows.

(2)

In subsection (4) omit paragraph (b).

(3)

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

Criminal Justice and Immigration Act 2008

14

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

Regulatory Enforcement and Sanctions Act 2008

15

(1)

Schedule 3 to the Regulatory Enforcement and Sanctions Act 2008 is amended as follows.

(2)

At the appropriate place insert—

Tobacco and Vapes Act 2026, Parts 1, 5 and 6

.

(3)

Omit the reference to section 92 of the Children and Families Act 2014.

Health Act 2009

16

The Health Act 2009 is amended as follows.

17

Omit section 22.

18

In Schedule 4 omit paragraph 1 and the italic heading before that paragraph.

Children and Families Act 2014

19

The Children and Families Act 2014 is amended as follows.

20

(1)

Section 91 is amended as follows.

(2)

In the heading omit “, nicotine products”.

(3)

In subsection (1), for “, cigarette papers or a relevant nicotine product” substitute “or cigarette papers”.

(4)

Omit subsection (5).

(5)

Omit subsection (8).

21

Omit sections 92 and 93.

22

In section 135, in subsection (6) omit paragraph (d).

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