a tobacco product;
Explanatory notes to the Bill, prepared by the Department of Health and Social Care, are published separately as HL Bill 89—EN.
Baroness Merron has made the following statement under section 19(1)(a) of the Human Rights Act 1998:
In my view the provisions of the Tobacco and Vapes Bill are compatible with the Convention rights.
A
bill
to
Make provision about the supply of tobacco, vapes and other products, including provision prohibiting the sale of tobacco to people born on or after 1 January 2009 and provision about the licensing of retail sales and the registration of retailers; to enable product and information requirements to be imposed in connection with tobacco, vapes and other products; to control the advertising and promotion of tobacco, vapes and other products; and to make provision about smoke-free places, vape-free places and heated tobacco-free places.
B e it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
It is an offence to sell any of the following to a person born on or after 1
January 2009—
a tobacco product;
a herbal smoking product;
cigarette papers.
It is a defence for a person charged with an offence under
this section
to
prove—
that they took such steps as may be specified in regulations made by
the Secretary of State to verify that the customer was born before 1
January 2009, or
that they otherwise took all reasonable steps to avoid the commission
of the offence.
A person who commits an offence under
this section
is liable on summary
conviction to a fine not exceeding level 4 on the standard scale.
It is an offence for a person aged 18 or over to buy, or attempt to buy, any
of the following on behalf of a person born on or after 1 January 2009—
a tobacco product;
a herbal smoking product;
cigarette papers.
It is a defence for a person charged with an offence under
this section
to
prove that they had no reason to suspect that the other person was born on
or after 1 January 2009.
It is a defence for a person charged with an offence under
this section
in
respect of cigarette papers to prove that they had no reason to suspect that
the other person intended to use the papers for smoking.
A person who commits an offence under
this section
is liable on summary
conviction to a fine not exceeding level 4 on the standard scale.
A person commits an offence if the person has the management or control
of premises on which a tobacco vending machine is available for use.
A person who commits an offence under
this section
is liable on summary
conviction to a fine not exceeding level 4 on the standard scale.
In
this section
“tobacco vending machine” means a machine from which any
of the following products may be bought or from which they are dispensed
to a customer in connection with a sale—
tobacco products,
herbal smoking products, or
cigarette papers.
It is an offence for a tobacco retailer to sell cigarettes that are not in their
original packaging.
A person who commits an offence under
this section
is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.
In
this section
“original packaging” means the retail packaging in which the
cigarettes were supplied to the tobacco retailer for the purpose of sale.
A tobacco retailer who sells tobacco products on premises in England must
display an age of sale notice on those premises.
For the purposes of this section an “age of sale notice” is a notice containing
“It is illegal to sell tobacco products to anyone born on or after 1
January 2009”.
the following statement—
The notice must be displayed in a prominent position where it is readily
visible to people at each point of sale of tobacco products.
The notice must comply with any requirements set out in regulations made
by the Secretary of State as to the size or appearance of—
the statement to be displayed on the notice, or
any other aspect of the notice.
Regulations under
subsection (4)
are subject to the negative resolution
procedure.
A person who fails to display an age of sale notice as required by this section commits an offence.
It is a defence for a person charged with an offence under
this section
to
prove that they took all reasonable steps to avoid the commission of the
offence.
A person who commits an offence under
this section
is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.
A tobacco retailer who sells tobacco products on premises in Wales must
display an age of sale notice on those premises.
For the purposes of this section an “age of sale notice” is a notice containing
“It is illegal to sell tobacco products to anyone born on or after 1
January 2009”
“Mae’n anghyfreithlon gwerthu cynhyrchion tybaco i unrhyw un a
anwyd ar neu ar ôl 1 Ionawr 2009”.
both the following statements—
The notice must be displayed in a prominent position where it is readily
visible to people at each point of sale of tobacco products.
The notice must comply with any requirements set out in regulations made
by the Welsh Ministers as to the size or appearance of—
the statement to be displayed on the notice, or
any other aspect of the notice.
Regulations under
subsection (4)
are subject to the negative resolution
procedure.
A person who fails to display an age of sale notice as required by this section commits an offence.
It is a defence for a person charged with an offence under
this section
to
prove that they took all reasonable steps to avoid the commission of the
offence.
A person who commits an offence under
this section
is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.
It is an offence to manufacture a relevant oral tobacco product.
In subsection
(1)
“relevant oral tobacco product” means a tobacco product
that—
is intended for oral use,
is not intended to be inhaled or chewed, and
consists wholly or partly of tobacco in powder or particulate form.
A person who commits an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding
the general limit in a magistrates’ court, or a fine, or both;
on conviction on indictment, to imprisonment for a term not exceeding
2 years, or a fine, or both.
It is an offence to—
sell a relevant oral tobacco product, or
offer or expose a relevant oral tobacco product for sale.
It is a defence for a person charged with an offence under this section to
prove that they took all reasonable steps to avoid the commission of the
offence.
A person who commits an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding
the general limit in a magistrates’ court, or a fine, or both;
on conviction on indictment, to imprisonment for a term not exceeding
2 years, or a fine, or both.
It is an offence for a person to have a relevant oral tobacco product in their
possession with intent to supply it to another in the course of business.
A person who commits an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding
the general limit in a magistrates’ court, or a fine, or both;
on conviction on indictment, to imprisonment for a term not exceeding
2 years, or a fine, or both.
It is an offence to sell a vaping product or nicotine product to a person who
is under the age of 18.
It is a defence for a person charged with an offence under this section to
prove—
that they took such steps as may be specified in regulations made by
the Secretary of State to verify that the customer was at least 18 years
old, or
that they otherwise took all reasonable steps to avoid the commission
of the offence.
A person who commits an offence under this section is liable on summary
conviction to a fine not exceeding level 4 on the standard scale.
It is an offence for a person aged 18 or over to buy, or attempt to buy, a
vaping product or nicotine product on behalf of a person who is under the
age of 18.
It is a defence for a person charged with an offence under
this section
to
prove that they had no reason to suspect that the other person was under
the age of 18.
A person who commits an offence under
this section
is liable on summary
conviction to a fine not exceeding level 4 on the standard scale.
A person commits an offence if the person has the management or control
of premises on which a vape vending machine or a nicotine product vending
machine is available for use.
A person who commits an offence under this section is liable on summary
conviction to a fine not exceeding level 4 on the standard scale.
In this section—
“
nicotine product vending machine” means a machine—
from which nicotine products may be bought, or
from which they are dispensed to a customer in connection
with a sale;
“
vape vending machine” means a machine—
from which vaping products may be bought, or
from which they are dispensed to a customer in connection
with a sale.
The Secretary of State may by regulations impose prohibitions, requirements
or limitations on retailers in relation to—
the display, in the course of business, of relevant products in a place
in England where the products are offered for sale;
the display, in the course of business, of empty retail packaging of
relevant products in a place in England where the products are offered
for sale;
the display, in the course of business, of prices of relevant products
in a place in England where the products are offered for sale.
In subsection (1) “relevant products” means—
tobacco products,
tobacco related devices,
herbal smoking products,
cigarette papers,
vaping products, or
nicotine products.
Regulations under this section may create offences in relation to a failure to
comply with the regulations.
The regulations must provide for any offence to be triable either way and
punishable—
on summary conviction, to imprisonment for a term not exceeding
the general limit in a magistrates’ court, or a fine, or both;
on conviction on indictment, to imprisonment for a term not exceeding
2 years, or a fine, or both.
Before making regulations under this section the Secretary of State must
consult any persons the Secretary of State considers it appropriate to consult.
Regulations under
this section
are subject to the affirmative resolution
procedure.
The Welsh Ministers may by regulations impose prohibitions, requirements
or limitations on retailers in relation to—
the display, in the course of business, of relevant products in a place
in Wales where the products are offered for sale;
the display, in the course of business, of empty retail packaging of
relevant products in a place in Wales where the products are offered
for sale;
the display, in the course of business, of prices of relevant products
in a place in Wales where the products are offered for sale.
In subsection (1) “relevant products” means—
tobacco products,
tobacco related devices,
herbal smoking products,
cigarette papers,
vaping products, or
nicotine products.
Regulations under this section may create offences in relation to a failure to
comply with the regulations.
The regulations must provide for any offence to be triable either way and
punishable—
on summary conviction, to imprisonment for a term not exceeding
the general limit in a magistrates’ court, or a fine, or both;
on conviction on indictment, to imprisonment for a term not exceeding
2 years, or a fine, or both.
Before making regulations under this section the Welsh Ministers must consult
any persons they consider it appropriate to consult.
Regulations under
this section
are subject to the affirmative resolution
procedure.
A person commits an offence if—
the person—
gives away a product or coupon to a member of the public or
sells a product or coupon at a substantial discount, or
causes or permits that to happen, and
either—
their purpose in doing so is to promote a relevant product, or
the effect of their doing so is to promote a relevant product
and they know, or have reason to suspect, that will be the
effect.
In subsection (1) “relevant product” means—
a tobacco product,
a herbal smoking product,
cigarette papers,
a vaping product, or
a nicotine product.
Where a person is charged with an offence under this section of giving away
a vaping product or nicotine product, or a coupon for such a product, it is a
defence for the person to prove that the product or coupon was given away
in accordance with arrangements made by a public authority.
A person who commits an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding
the general limit in a magistrates’ court, or a fine, or both;
on conviction on indictment, to imprisonment for a term not exceeding
2 years, or a fine, or both.
In this section “coupon” means anything (whether in physical or electronic
form) which, by itself or together with something else, can be redeemed for
a product or service or for cash or any other benefit.
An individual must not do any of the following things in England except
under the authority of and in accordance with a personal licence—
sell relevant products;
expose relevant products for sale;
possess relevant products for the purpose of their sale (by the
individual or another person).
A person must not use or permit the use of premises in England for any of
the following things except under the authority of and in accordance with a
premises licence—
the storage of relevant products for the purpose of their sale (by the
person or another person);
the exposure of relevant products for sale;
the supply of relevant products to retail customers.
The Secretary of State may by regulations create exceptions to the prohibition
in
subsection (1)
or
(2)
.
The Secretary of State must by regulations make provision for and in
connection with the grant of personal licences and premises licences.
Before making regulations under
this section
the Secretary of State making
them must consult any persons that the Secretary of State considers it
appropriate to consult.
Schedule 1 makes further provision about regulations under subsection (4) .
Regulations under
this section
are subject to the affirmative resolution
procedure.
In this section —
“
grant” includes variation or renewal;
“
licensing authority” has the meaning given by
paragraph 2
of
Schedule
1
;
“
personal licence” means a licence that is granted by a licensing authority
and authorises an individual to do the things mentioned in
subsection
(1)
(a)
,
(b)
and
(c)
;
“
premises licence” means a licence that is granted by a licensing authority
and authorises the use of premises by a person for the things
mentioned in
subsection (2)
(a)
,
(b)
and
(c)
;
“
relevant products” means—
tobacco products;
herbal smoking products;
cigarette papers;
vaping products;
nicotine products;
“
supply” includes despatch.
A person who breaches the prohibition in
section 16
(1)
or
(2)
commits an
offence.
A person commits an offence if—
the person provides information to a licensing authority—
in, or in connection with, an application for the grant of a
personal licence or a premises licence, or
in pursuance of any other obligation imposed by or under
regulations made under
section 16
(4)
,
the information is false or misleading in a material respect, and
the person knows, or ought reasonably to know, that the information
is false or misleading in a material respect.
A person who commits an offence under this section is liable on summary
conviction to a fine.
The court by which a person is convicted of an offence under subsection (1) may order the relevant products to which the offence relates, and any container for them, to be forfeited and either destroyed or dealt with in such other manner as the court may order.
In this section —
“
grant” includes variation or renewal;
“
licensing authority” has the meaning given by
paragraph 2
of
Schedule
1
;
“
personal licence” has the meaning given by
section 16
(8)
;
“
premises licence” has the meaning given by
section 16
(8)
;
“
relevant product” has the meaning given by
section 16
(8)
.
A local weights and measures authority in England may impose a financial
penalty on a person if satisfied that—
the person has breached a condition attached to a personal licence or
a premises licence, and
the breach of that condition does not constitute an offence under section 17 .
The amount of the financial penalty must not exceed £2,500.
The Secretary of State may by regulations amend the amount specified in subsection (2) for the purpose of reflecting inflation.
Schedule 2
makes further provision about the imposition of financial penalties
under
this section
.
Regulations under this section are subject to the negative resolution procedure.
In
this section
“personal licence” and “premises licence” have the meaning
given by
section 16
(8)
.
An individual must not do any of the following things in Wales except under
the authority of and in accordance with a personal licence—
sell relevant products;
expose relevant products for sale;
possess relevant products for the purpose of their sale (by the
individual or another person).
A person must not use or permit the use of premises in Wales for any of the
following things except under the authority of and in accordance with a
premises licence—
the storage of relevant products for the purpose of their sale (by the
person or another person);
the exposure of relevant products for sale;
the supply of relevant products to retail customers.
The Welsh Ministers may by regulations create exceptions to the prohibition
in
subsection (1)
or
(2)
.
The Welsh Ministers must by regulations make provision for and in connection
with the grant of personal licences and premises licences.
Before making regulations under this section the Welsh Ministers must consult
any persons that the Welsh Ministers consider it appropriate to consult.
Schedule 3 makes further provision about regulations under subsection (4) .
Regulations under this section are subject to the affirmative resolution
procedure.
In this section—
“
grant” includes variation or renewal;
“
licensing authority”, in relation to the doing of things or the use of
premises in a county or county borough in Wales, means the council
of the county or county borough;
“
personal licence” means a licence that is granted by a licensing authority
and authorises an individual to do the things mentioned in
subsection
(1)
(a)
,
(b)
and
(c)
;
“
premises licence” means a licence that is granted by a licensing authority
and authorises the use of premises by a person for the things
mentioned in
subsection (2)
(a)
,
(b)
and
(c)
;
“
relevant products” means—
tobacco products;
herbal smoking products;
cigarette papers;
vaping products;
nicotine products;
“
supply” includes despatch.
A person who breaches the prohibition in
section 19
(1)
or
(2)
commits an
offence.
A person commits an offence if—
the person provides information to a licensing authority—
in, or in connection with, an application for the grant of a
personal licence or a premises licence, or
in pursuance of any other obligation imposed by or under
regulations made under
section 19
(4)
,
the information is false or misleading in a material respect, and
the person knows, or ought reasonably to know, that the information
is false or misleading in a material respect.
A person who commits an offence under this section is liable on summary
conviction to a fine.
The court by which a person is convicted of an offence under subsection (1) may order the relevant products to which the offence relates, and any container for them, to be forfeited and either destroyed or dealt with in such other manner as the court may order.
In this section —
“
grant” includes variation or renewal;
“
licensing authority”, in relation to the doing of things or the use of
premises in a county or county borough in Wales, means the council
of the county or county borough;
“
personal licence” has the meaning given by
section 19
(8)
;
“
premises licence” has the meaning given by
section 19
(8)
;
“
relevant product” has the meaning given by
section 19
(8)
.
A local weights and measures authority in Wales may impose a financial
penalty on a person if satisfied that—
the person has breached a condition attached to a personal licence or
a premises licence, and
the breach of that condition does not constitute an offence under section 20 .
The amount of the financial penalty must not exceed £2,500.
The Welsh Ministers may by regulations amend the amount specified in subsection (2) for the purpose of reflecting inflation.
Schedule 4
makes further provision about the imposition of financial penalties
under this section.
Regulations under this section are subject to the negative resolution procedure.
In
this section
“personal licence” and “premises licence” have the meaning
given by
section 19
(8)
.
In the Public Health (Wales) Act 2017 (anaw 2), in Part 3 (tobacco and nicotine products) omit Chapter 2 (retailers of tobacco and nicotine products).
Where a person convicted of a relevant offence is a persistent offender, the
person who brought the proceedings for the offence may by complaint to a
magistrates’ court apply for a restricted premises order to be made in respect
of the premises in relation to which the offence was committed (“the relevant
premises”).
A magistrates’ court may make the restricted premises order only if satisfied
that the applicant has complied with
section 24
(1)
(notice to interested
persons).
A “restricted premises order” is an order prohibiting the sale on the relevant
premises of any one or more of the following—
tobacco products;
herbal smoking products;
cigarette papers;
vaping products;
nicotine products.
The prohibition imposed by a restricted premises order applies to sales
whether made by the offender or any other person.
A restricted premises order has effect for the period specified in the order,
which may not exceed one year.
A restricted premises order is a local land charge and in respect of that charge
the applicant for the order is the originating authority for the purposes of the
Local Land Charges Act 1975.
A person convicted of a relevant offence is a “persistent offender” for the
purposes of
this section
if, on at least two other occasions within the period
of two years ending with the date of the offence, the person committed a
relevant offence in relation to the relevant premises.
In this section “relevant offence” means—
an offence under any of the following provisions of this Part—
section
1
(sale of tobacco etc to people born on or after 1
January 2009);
section 3 (tobacco vending machines);
section 10 (sale of vaping or nicotine products to under 18s);
section 12 (vaping and nicotine product vending machines);
an offence under any of the following (which are repealed by this
Act)—
section 7 of the Children and Young Persons Act 1933 (sale of
tobacco, etc., to under 18s);
section 3A of the Children and Young Persons (Protection from
Tobacco) Act 1991 (tobacco vending machines);
section 92 of the Children and Families Act 2014 (sale of
nicotine products to under 18s).
An applicant for a restricted premises order must, after making reasonable
enquiries, give notice of the application to anyone appearing to the applicant
to be an interested person.
An interested person may make representations to the court as to why the
order should not be made.
If a restricted premises order is made without an interested person having
been given a notice under
subsection (1)
, and without them having made
representations to the court, the person may by complaint apply to the court
for an order varying or discharging the restricted premises order.
On an application under
subsection (3)
the court may, after hearing the
interested person and the applicant for the restricted premises order, make
such order varying or discharging the restricted premises order as it considers
appropriate.
In
this section
“interested person”, in relation to an application for a restricted
premises order, means—
the occupier of the premises, and
any other person who has an interest in the premises.
An appeal against an order made under section 23 or 24 may be brought to the Crown Court.
A person commits an offence if the person—
sells anything in breach of a restricted premises order, and
knows, or ought reasonably to know, that the sale is in breach of the
order.
It is a defence for a person charged with an offence under this section to
prove that the person took all reasonable steps to avoid the commission of
the offence.
A person who commits an offence under
this section
is liable on summary
conviction to a fine.
The Welsh Ministers may by regulations amend section
23
so as to add an
offence to the definition of “relevant offence” where that offence is committed
on premises in Wales.
Regulations may be made under subsection
(1)
only if the additional offence
relates to tobacco products, herbal smoking products, cigarette papers, vaping
products or nicotine products.
Before making regulations under this section the Welsh Ministers must consult
any persons that they consider it appropriate to consult.
Regulations under this section are subject to the affirmative resolution
procedure.
Where a person convicted of a relevant offence is a persistent offender, the
person who brought the proceedings for the offence may by complaint to a
magistrates’ court apply for a restricted sale order against the offender.
A “restricted sale order” is an order prohibiting the offender—
from selling any one or more of the following—
tobacco products,
herbal smoking products,
cigarette papers,
vaping products,
nicotine products,
from having any management functions in respect of any premises in
so far as those functions relate to the sale of anything listed in
paragraph (a)
(i)
to
(v)
.
A restricted sale order has effect for the period specified in the order, which
may not exceed one year.
A person convicted of a relevant offence is a “persistent offender” for the
purposes of
this section
if, on at least two other occasions within the period
of two years ending with the date of the offence, the person committed a
relevant offence.
In this section “relevant offence” means—
an offence under any of the following provisions of this Part—
section
1
(sale of tobacco etc to people born on or after 1
January 2009);
section 3 (tobacco vending machines);
section 10 (sale of vaping or nicotine products to under 18s);
section 12 (vaping and nicotine product vending machines);
an offence under any of the following (which are repealed by this
Act)—
section 7 of the Children and Young Persons Act 1933 (sale of
tobacco, etc., to under 18s);
section 3A of the Children and Young Persons (Protection from
Tobacco) Act 1991 (tobacco vending machines);
section 92 of the Children and Families Act 2014 (sale of
nicotine products to under 18s).
An appeal against an order made under section 28 may be brought to the Crown Court.
A person who fails to comply with a restricted sale order commits an offence.
It is a defence for a person charged with an offence under this section to
prove that the person took all reasonable steps to avoid the commission of
the offence.
A person who commits an offence under
this section
is liable on summary
conviction to a fine.
Where an offence under
section 26
is committed by a body and the offence
is committed with the consent or connivance of a relevant person in relation
to the body, or a person purporting to act in the capacity of a relevant person
in relation to the body, the person (as well as the body) commits the offence
and is liable to be proceeded against and punished accordingly.
is committed with the consent or connivance of a relevant person in
relation to the body, or a person purporting to act in the capacity of
a relevant person in relation to the body, or
is attributable to neglect on the part of such a person,
the person (as well as the body) commits the offence and is liable to be proceeded against and punished accordingly.
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.
In Schedule 5 to the Consumer Rights Act 2015 (investigatory powers), in
“section
32
of the Tobacco and Vapes Act 2024.”
paragraph 10 (enforcer’s legislation), at the appropriate place (according to
date of enactment) insert—
Each local weights and measures authority in England must, at least once a
year, consider—
whether it is appropriate to carry out a programme of enforcement
action in its area, and
if so, what that programme should involve.
In
subsection (1)
“programme of enforcement action” means a programme
involving one or more of the following—
the bringing of prosecutions in respect of such an offence;
the taking of other measures intended to reduce the incidence of such
offences.
Each local weights and measures authority in Wales must, at least once a
year, consider—
whether it is appropriate to carry out a programme of enforcement
action in its area, and
if so, what that programme should involve.
In
subsection (1)
“programme of enforcement action” means a programme
involving one or more of the following—
the investigation of complaints in respect of an alleged offence that is
a listed offence;
the bringing of prosecutions in respect of a listed offence;
the taking of other measures intended to reduce the incidence of listed
offences.
In this section “listed offence” means—
an offence under either of the following provisions of the Public Health
(Wales) Act 2017 (anaw 2)—
section 51A (offence of handing over tobacco etc. to people born on or after 1 January 2009);
section 52 (offence of handing over vaping or nicotine products to under 18s).
The Secretary of State may direct that, in relation to cases of a particular
description or a particular case, the duty imposed by
section 32
(1)
on a local
weights and measures authority in England is to be discharged by the
Secretary of State and not by the authority.
The Welsh Ministers may direct that, in relation to cases of a particular
description or a particular case, the duty imposed by
section 32
(1)
on a local
weights and measures authority in Wales is to be discharged by the Welsh
Ministers and not by the authority.
The Secretary of State may take over the conduct of any proceedings from a
local weights and measures authority in England in respect of an offence
committed under this Part or any regulations under section
13
.
The Welsh Ministers may take over the conduct of any proceedings from a
local weights and measures authority in Wales in respect of an offence
committed under this Part or any regulations under section
14
.
A local weights and measures authority that has reason to believe that a
person has committed an offence under, or under regulations made under,
any of the following may give the person a fixed penalty notice in respect of
the offence—
section 1 (sale of tobacco etc to people born on or after 1 January 2009);
section 2 (purchase of tobacco etc on behalf of others);
section 5 (age of sale notice at point of sale: England);
section 6 (age of sale notice at point of sale: Wales);
section 10 (sale of vaping or nicotine products to under 18s);
section 11
(purchase of vaping or nicotine products on behalf of under
18s);
section 13 (displays of products or prices in England);
section 14 (displays of products or prices in Wales);
section 15 (free distribution and discount of products);
section 17 (offences in connection with retail licences: England);
section 20 (offences in connection with retail licences: Wales).
A fixed penalty notice is a notice offering a person the opportunity to
discharge any liability to conviction for the offence to which the notice relates
by payment of an amount specified in the notice within the relevant period.
The amount specified in a fixed penalty notice in respect of an offence under
section 17
or
20
must be an amount equal to level 4 on the standard scale of
fines for summary offences.
The amount specified in a fixed penalty notice in respect of any other offence
must be £200.
For the purposes of
this section
“the relevant period” is the period of 28 days
beginning with the day on which the fixed penalty notice is given.
A fixed penalty notice must explain—
that the local weights and measures authority has reason to believe
that the person has committed the offence, and why,
the effect of subsection (7) , and
when and how payment may be made.
Where a fixed penalty notice has been given to a person (and has not been
withdrawn)—
no proceedings may be instituted for the offence before the end of the
relevant period, and
the person may not be convicted of the offence if the person pays—
the full amount of the fixed penalty in the notice before the
end of the relevant period, or
50% of that amount before the end of the period of 14 days
beginning with the day on which the relevant period starts.
Where proceedings are instituted for the offence after the end of the relevant
period, that period is to be disregarded for the purposes of calculating the
period mentioned in section 127(1) of the Magistrates’ Court Act 1980.
A fixed penalty notice given under
this section
may be withdrawn by the
local weights and measures authority that gave it at any time before a payment
is made in pursuance of the notice.
Any sums received by a local weights and measures authority in pursuance
of fixed penalty notices given in respect of offences under
section 17
or
20
must be paid into the relevant Consolidated Fund.
But before paying such sums into the relevant Consolidated Fund the local
weights and measures authority may deduct—
the costs of investigating offences to which the fixed penalty notices
relate, and
the costs of issuing the notices.
Any sums received by a local weights and measures authority in England in
pursuance of a fixed penalty notice given in respect of any offence other than
an offence under
section 17
must be used in connection with their functions
under or under regulations made under—
this Act;
Part 1 of the Health Act 2006;
the Tobacco and Related Products Regulations 2016 (S.I. 2016/507).
Any sums received by a local weights and measures authority in Wales in
pursuance of a fixed penalty notice given in respect of any offence other than
an offence under
section 20
must be used in connection with their functions
under or under regulations made under—
this Act;
the Tobacco and Related Products Regulations 2016 (S.I. 2016/507);
Part 3 of the Public Health (Wales) Act 2017.
In this section—
“
fixed penalty notice” means a fixed penalty notice given under
section
37
;
“
relevant Consolidated Fund” means—
in relation to England, the Consolidated Fund;
in relation to Wales, the Welsh Consolidated Fund.
The Secretary of State may by regulations amend
section 37
in relation to the
giving of fixed penalty notices by local weights and measures authorities in
England in respect of any offence other than an offence under
section 17
so
as to—
change the amount which must be specified in notices, or
change the percentage discount for early payment.
The Welsh Ministers may by regulations amend
section 37
in relation to the
giving of fixed penalty notices by local weights and measures authorities in
Wales in respect of any offence other than an offence under
section 20
so as
to—
change the amount which must be specified in notices, or
change the percentage discount for early payment.
Regulations under
this section
are subject to the affirmative resolution
procedure.
Schedule 5
contains amendments to Chapter 4 of Part 3 of the Public Health
(Wales) Act 2017 (anaw 2) (handing over tobacco, cigarettes and nicotine
products to persons under 18), including—
amendments extending that Chapter to all vaping products,
amendments conferring a power to extend the products to which that
Chapter applies, and
amendments that are consequential on this Part .
See
Schedule 6
for consequential amendments coming into force at the end
of the period of 6 months beginning with the day on which this Act is passed.
See
Schedule 7
for consequential amendments coming into force on 1 January
2027.
Sections 33
and
34
have effect in relation to times before 1 January 2027 as if
subsection
(2)
of each of those sections included a reference to—
an offence under section 7 of the Children and Young Persons Act
1933 (sale of tobacco, etc. to under 18s);
an offence under section 4 of the Children and Young Persons
(Protection from Tobacco) Act 1991 (age of sale notices).
Section 37
has effect in relation to times before 1 January 2027 as if
subsection
(1)
of that section included a reference to—
section 7 of the Children and Young Persons Act 1933 (sale of tobacco,
etc. to persons under eighteen);
section 91 of the Children and Families Act 2014 (purchase of tobacco
etc. on behalf of under 18s).
Section 38
has effect in relation to times before 1 January 2027 as if it included
a reference to section 91 of the Children and Families Act 2014 (purchase of
tobacco etc. on behalf of under 18s).
In relation to times before 1 January 2027—
In relation to times before section 17 comes into force, section 37 (1) and (3) have effect as if those provisions did not include a reference to that section.
In relation to times before section 20 comes into force, section 37 (1) and (3) have effect as if those provisions did not include a reference to that section.
The Secretary of State may by regulations amend this Part for the purpose
of extending any provision that applies in relation to a tobacco product to a
tobacco related device.
Before making regulations under this section the Secretary of State must
consult any persons the Secretary of State considers it appropriate to consult.
Before making regulations under this section the Secretary of State must obtain
the consent of the Welsh Ministers if the regulations contain provision which
would be within the legislative competence of Senedd Cymru if contained in
an Act of the Senedd.
Regulations under this section are subject to the affirmative resolution
procedure.
This Part and regulations made under it bind the Crown.
Nothing in
this Part
or regulations made under it makes the Crown criminally
liable.
The High Court may declare unlawful any act or omission for which the
Crown would be criminally liable if it were not for
subsection (2)
.
Subsection (2)
does not affect the criminal liability of persons in the service
of the Crown.
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;
“
herbal smoking product” means a product consisting wholly or partly
of vegetable matter and intended to be smoked but not containing
tobacco;
“
medical device” has the meaning given by the Medical Devices
Regulations 2002 (S.I. 2002/618);
“
medicinal product” has the meaning given by the Human Medicines
Regulations 2012 (S.I. 2012/1916);
“
nicotine product” has the meaning given by section
48
;
“
premises” means any place (including a vehicle or moveable structure);
“
retail packaging”, in relation to a product, means the packaging in which
it is, or is intended to be, presented for sale by retail;
“
sell” means sell by retail;
“
tobacco product” means a product consisting wholly or partly of tobacco
and intended to be smoked, sniffed, sucked, chewed or consumed in
any other way;
“
tobacco retailer” means a person who carries on a business involving
the sale of tobacco products by retail;
“
vape” means—
a device which—
vaporises substances, other than tobacco, for the purpose
of inhalation through a mouthpiece (whether or not it
also vaporises tobacco), and
is not a medical device or a medicinal product, or
an item which is intended to form part of a device within
paragraph (a)
(including anything intended to be attached to
it with a view to imparting flavour);
“
vaping product” means—
a vape, or
a vaping substance;
“
vaping substance” means a substance, other than tobacco, that is
intended to be vaporised by a vape;
“
vaporises” includes aerosolises (and “vaporised” is to be construed
accordingly);
“
vehicle” means every type of vehicle, including a vessel, aircraft and
hovercraft.
In this Part “nicotine product” means—
a device which is intended to enable nicotine to be delivered into the
human body,
an item which is intended to form part of a device within paragraph (a) ,
nicotine, or any substance containing nicotine, which is intended to
be delivered into the human body, or
an item containing anything within paragraph (c) .
But the following are not “nicotine products” for the purposes of this section—
a tobacco product;
a herbal smoking product;
cigarette papers;
any device which is intended to be used for the consumption of tobacco
products or herbal smoking products;
a vaping product;
a medical device;
a medicinal product.
The Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) is
amended as follows.
In section 4 (sale of tobacco products to persons under 18)—
in subsection (1), for “under the age of 18” substitute “born on or after
1 January 2009”;
in subsection (2)(a), for “under the age of 18 (“the customer”) to be
aged 18 or over” substitute “born on or after 1 January 2009 (“the
customer”) to have been born before that date”;
“(6)
In this section “sell” means sell by retail.”;
in the heading, for “under 18” substitute “born on or after 1 January
2009”.
In section 4B (age verification policy)—
“(3)
An “age verification policy”—
(a)
in relation to a tobacco business or herbal smoking
product business, is a policy that steps are to be taken to establish the age of a person attempting to buy a tobacco product, herbal smoking product or cigarette papers on the premises (the “customer”) if it appears to the person selling the tobacco product, herbal smoking product or cigarette papers that the customer may have been born on or after 1 January 2009 (or such earlier date as may be specified in the policy);(b)
in relation to a vaping product business or nicotine
product business, is a policy that steps are to be taken to establish the age of a person attempting to buy a vaping product, or a nicotine product, on the premises (the “customer”) if it appears to the person selling the product that the customer may be under the age of 25 (or such older age as may be specified in the policy).(3A)
In relation to times before the end of 2033, the reference in subsection (3) (a) to the customer being born on or after 1
January 2009 (or such earlier date as may be specified in the policy) has effect as a reference to the customer being under the age of 25 (or such older age as may be specified in the policy).”;
In section 6 (purchase of tobacco products on behalf of persons under 18)—
in subsection (1), for “under the age of 18” substitute “born on or after
1 January 2009”;
in the heading, for “under 18” substitute “born on or after 1 January
2009”.
In section 8 (display of warning statements), in subsection (2)(a), for “under
the age of 18” substitute “born on or after 1 January 2009”.
The Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) is
amended as follows.
“4E Sale of unpackaged cigarettes
(1)
A person who sells cigarettes that are not in their original packaging
commits an offence.(2)
A person guilty of an offence under subsection (1) is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.(3)
In this section—
“
original packaging” means the retail packaging in which the
cigarettes were supplied to the person for the purpose of sale;“
sell” means sell by retail.”
““
retail packaging”, in relation to a product, means the packaging in which
it is, or is intended to be, presented for sale by retail;”.
The Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) is
amended as follows.
Omit section 5 (purchase of tobacco products by people under 18).
In section 33 (presumption as to contents of container), in
subsection (1)
omit
“, 5”.
Omit section 7 of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) (confiscation of tobacco products from people under 18).
The Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) is
amended as follows.
In section 4 (sale of tobacco products to persons under 18), in subsection (1),
after “tobacco product” insert “, herbal smoking product”.
In section 4C (sale of tobacco etc by persons under 18), in subsection (1), after
“tobacco product” insert “, herbal smoking product”.
In section 6 (purchase of tobacco products on behalf of persons under 18), in
subsection (1), after “tobacco product” insert “, herbal smoking product”.
““
herbal smoking product” means a product consisting wholly or partly
of vegetable matter and intended to be smoked but not containing tobacco,”.
In section 8 of the Tobacco and Primary Medical Services (Scotland) Act 2010 The notice must comply with any requirements set out in regulations the statement on the notice to be displayed in accordance with any other aspect of the notice.”
(asp 3) (display of warning statements), for subsection (5) substitute—
“(5)
made by the Scottish Ministers as to the size or appearance of—
(a)
this section, or
(b)
For the italic heading before section 7 of that Act substitute “Age of sale
notices”.
After section 9 of the Tobacco and Primary Medical Services (Scotland) Act
2010 (asp 3) insert— It is an offence to manufacture a relevant oral tobacco product. In subsection
(1)
“relevant oral tobacco product” means a tobacco is intended for oral use, is not intended to be inhaled or chewed, and consists wholly or partly of tobacco in powder or particulate A person guilty of an offence under this section is liable— on summary conviction, to imprisonment for a term not on conviction on indictment, to imprisonment for a term not
“Snus etc
9A
Ban on manufacture of snus etc
(1)
(2)
product that—
(a)
(b)
(c)
form.
(3)
(a)
exceeding 12 months, or a fine not exceeding the statutory
maximum, or both;
(b)
exceeding 2 years, or a fine, or both.”
After section
9A
of the Tobacco and Primary Medical Services (Scotland) Act
2010 (asp 3) (inserted by section
55
of this Act) insert— It is an offence to— sell a relevant oral tobacco product, or offer or expose a relevant oral tobacco product for sale. It is a defence for a person charged with an offence under this section A person guilty of an offence under this section is liable— on summary conviction, to imprisonment for a term not on conviction on indictment, to imprisonment for a term not
“9B
Ban on sales of snus etc
(1)
(a)
(b)
(2)
(3)
to prove that they took all reasonable steps to avoid the commission
of the offence.
(4)
(a)
exceeding 12 months, or a fine not exceeding the statutory
maximum, or both;
(b)
exceeding 2 years, or a fine, or both.”
After section
9B
of the Tobacco and Primary Medical Services (Scotland) Act It is an offence for a person to have a relevant oral tobacco product A person guilty of an offence under this section is liable— on summary conviction, to imprisonment for a term not on conviction on indictment, to imprisonment for a term not
2010 (asp 3) (inserted by section
56
of this Act) insert—
“9C
Possession of snus etc with intent to supply
(1)
in their possession with intent to supply it to another in the course of
business.
(2)
(3)
(a)
exceeding 12 months, or a fine not exceeding the statutory
maximum, or both;
(b)
exceeding 2 years, or a fine, or both.”
In the italic heading before section 4, for “and nicotine vapour” substitute “,
vaping and nicotine”.
In section 4A (sale of nicotine vapour products to persons under 18)—
in subsection (1), for “nicotine vapour” substitute “vaping product or
nicotine”;
in the heading, for “nicotine vapour” substitute “vaping and nicotine”.
In section 4B (age verification policy)—
in subsection (1)(a) and (b), for “tobacco or nicotine vapour product
business” substitute “relevant business”;
“(1A)
In this section “relevant business” means a business which
involves the sale of one or more of the following by retail—(a)
tobacco products;
(b)
herbal smoking products;
(c)
vaping products;
(d)
nicotine products.”;
“(2)
Subsection (1) does not apply in relation to premises from
which—(a)
a product mentioned in subsection (1A) or cigarette
papers are, in pursuance of a sale, despatched for delivery to different premises, and(b)
no other relevant business is carried on.”;
in subsection (3)—
for “tobacco product, cigarette papers or a nicotine vapour
product” substitute “product mentioned in subsection
(1A)
or
cigarette papers”;
for “the tobacco product, cigarette papers or nicotine vapour
product” substitute “the product”;
in subsection (5)(b) and (c), for “tobacco product, cigarette papers or
a nicotine vapour product” substitute “product mentioned in subsection
(1A)
or cigarette papers”;
in subsection (6), for “tobacco or nicotine vapour product business”
substitute “relevant business”.
In section 4C (sale of tobacco or nicotine vapour products by persons under
18)—
in subsection (1), for “or a nicotine vapour” substitute “, a vaping
product or a nicotine”;
in the heading, for “or nicotine vapour” substitute “, vaping or
nicotine”.
In section 6A (purchase of nicotine vapour products on behalf of persons
under 18)—
in subsection (1), for “nicotine vapour” substitute “vaping or nicotine”;
in the heading for “nicotine vapour” substitute “vaping or nicotine”.
“Vending machines
9 Prohibited vending machines
(1)
A person who has the management or control of premises on which
a prohibited vending machine is available for use commits an offence.(2)
A person guilty of an offence under subsection (1) is liable on summary
conviction to a fine not exceeding level 4 on the standard scale.(3)
In this section, “prohibited vending machine” means a machine from
which any of the following products may be bought or from which they are dispensed to a customer in connection with a sale—(a)
tobacco products;
(b)
herbal smoking products;
(c)
cigarette papers;
(d)
vaping products;
(e)
nicotine products.”
In the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14)
omit section 7 (power to extend vending machine prohibition).
Before section 36 of the Tobacco and Primary Medical Services (Scotland) Act
2010 (asp 3) insert— In this Part, a “nicotine product” is— a device which is intended to enable nicotine to be delivered an item which is intended to form part of a device within nicotine, or any substance containing nicotine, which is intended an item containing anything within paragraph
(c)
. But the following are not nicotine products— a tobacco product; a smoking related product; a herbal smoking product; any device which is intended to be used for the consumption a vaping product; a medicinal product; a medical device.”
“35B
Meaning of “nicotine product” in this Part
(1)
(a)
into the human body,
(b)
paragraph
(a)
,
(c)
to be delivered into the human body, or
(d)
(2)
(a)
(b)
(c)
(d)
of tobacco products or herbal smoking products;
(e)
(f)
(g)
The Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) is
amended as follows.
In section 4 (age restrictions on sale of tobacco products etc)—
“(b)
the accused had taken such steps as may be prescribed
to establish the customer’s age.”;
omit subsections (3) and (4).
In section 4A (age restrictions on sale of vaping products etc)—
“(b)
the accused had taken such steps as may be prescribed
to establish the customer’s age.”;
omit subsections (3) and (4).
In section 4B (age verification policy), in subsection (5) omit paragraph (b).
The Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) is
amended as follows.
“3A Display of products or prices
(1)
The Scottish Ministers may by regulations impose prohibitions,
requirements or limitations on retailers in relation to—(a)
the display, in the course of business, of relevant products in
a place where those products are offered for sale;(b)
the display, in the course of business, of empty retail packaging
of relevant products in a place where those products are offered for sale;(c)
the display, in the course of business, of prices of relevant
products in a place where those products are offered for sale.(2)
In subsection (1) “relevant products” means—
(a)
herbal smoking products,
(b)
vaping products, or
(c)
nicotine products.
(3)
(4)
Regulations under this section may create offences in relation to a
failure to comply with the regulations.(5)
The regulations must provide for any offence to be triable summarily
and punishable with a fine not exceeding level 4 on the standard scale.(6)
For the purposes of subsection (1) , a website is not a place.
(7)
Before making regulations under this section the Scottish Ministers
must consult any persons they consider it appropriate to consult.”
In each of the following provisions after “Chapter 1 or 2” insert “or any
regulations made under those Chapters”—
section 15(3)(d) and (4)(b);
section 16(3)(a);
section 26(2)(a);
section 27(1);
section 32(1) and (4).
In section 26(2)(b), after “Chapters” insert “or any regulations made under
those Chapters”.
In section 33 (presumption as to contents of container), in subsection (1), at
the end insert “or under regulations made under section
3A
”.
In section 34 (offences by bodies corporate etc), in subsection (1)(a), after “this
Act” insert “or regulations made under it”.
In the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3), A person commits an offence if— the person— gives away a product or coupon to a member of the causes or permits that to happen, and either— their purpose in doing so is to promote a relevant the effect of their doing so is to promote a relevant In subsection
(1)
“relevant product” means— a tobacco product, a herbal smoking product, a smoking related product, a vaping product, or a nicotine product. A person who commits an offence under this section is liable— on summary conviction, to imprisonment for a term not on conviction on indictment, to imprisonment for a term not In this section “coupon” means anything (whether in physical or Where a person is charged with an offence under section
8A
of giving The Scottish Ministers may by regulations create further defences to Regulations under this section may amend this Part.”
after section 8 insert—
“Free distribution etc
8A
Free distribution and discount of products
(1)
(a)
(i)
public or sells by retail a product or coupon at a
substantial discount, or
(ii)
(b)
(i)
product, or
(ii)
product and they know, or have reason to suspect, that
will be the effect.
(2)
(a)
(b)
(c)
(d)
(e)
(3)
(a)
exceeding 12 months, or a fine not exceeding the statutory
maximum, or both;
(b)
exceeding 2 years, or a fine, or both.
(4)
electronic form) which, by itself or together with something else, can
be redeemed for a product or service or for cash or any other benefit.
8B
Free distribution of products: defences
(1)
away a vaping product or nicotine product, or a coupon for such a
product, it is a defence for the person to prove that the product or
coupon was given away in accordance with arrangements made by a
public authority.
(2)
the offence under section
8A
of giving away a vaping product or
nicotine product or a coupon for such a product.
(3)
In section 40 of that Act (orders and regulations), in subsection (4), at the
“section
8B”.
appropriate place insert—
In the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 omit
section 18.
In the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3), in
section 35 (interpretation of Part 1), in subsection (1), for the definition of
“tobacco product” substitute—
““
tobacco product” means a product consisting wholly or partly of tobacco
and intended to be smoked, sniffed, sucked, chewed or consumed in
any other way,”.
Schedule 8 contains provision for the purposes of aligning the definition of “vaping product” in the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) with that used elsewhere in this Act.
Schedule 9 contains amendments to the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) for the purposes of extending Chapter 2 of Part 1 of that Act (register of tobacco and nicotine vapour product retailers) so that it applies in relation to herbal smoking products and nicotine products.
In section 36 of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) (Crown application), in subsection (3), after “on the application” insert “of the Scottish Ministers or”.
The Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) is
amended as follows.
“34A Power to extend this Part to other products
(1)
The Scottish Ministers may by regulations amend this Part for the
purpose of extending any provision that applies in relation to a tobacco product to—(a)
a device of a specified description which enables a tobacco
product to be consumed otherwise than by being smoked (for example, a heated tobacco device);(b)
an item which is intended to form part of such a device.
(2)
Before making regulations under this section the Scottish Ministers
must consult any persons they consider it appropriate to consult.(3)
The Scottish Ministers may by regulations amend this Part for the
purpose of extending any provision that applies in relation to a tobacco product to some or all smoking related products.”
In section 40 (orders and regulations), in subsection (4), at the appropriate
“section
34A”.
place insert—
For Article 3 of the Health and Personal Social Services (Northern Ireland)
Order 1978 (S.I. 1978/1907 (N.I. 26)) substitute— It is an offence to sell any of the following to a person born on or after a tobacco product; a herbal smoking product; cigarette papers. It is a defence for a person charged with an offence under this Article that they took such steps as may be specified in regulations that they otherwise took all reasonable steps to avoid the A person guilty of an offence under this Article is liable on summary
“3
Sale of tobacco etc
(1)
1 January 2009—
(a)
(b)
(c)
(2)
to prove—
(a)
made by the Department to verify that the customer was born
before 1 January 2009, or
(b)
commission of the offence.
(3)
(4)
conviction to a fine not exceeding level 5 on the standard scale.”
For Article 4A of the Health and Personal Social Services (Northern Ireland)
Order 1978 (S.I. 1978/1907 (N.I. 26)) substitute— It is an offence for a person aged 18 or over to buy, or attempt to buy, a tobacco product; a herbal smoking product; cigarette papers. It is a defence for a person charged with an offence under this Article It is a defence for a person charged with an offence under this Article A person guilty of an offence under this Article is liable on summary
“4A
Purchase of tobacco etc on behalf of persons born on or after 1 January
2009
(1)
any of the following on behalf of a person born on or after 1 January
2009—
(a)
(b)
(c)
(2)
to prove that they had no reason to suspect that the other person was
born on or after 1 January 2009.
(3)
in respect of cigarette papers to prove that they had no reason to
suspect that the other person intended to use the papers for smoking.
(4)
conviction to a fine not exceeding level 5 on the standard scale.”
After Article
4A
of the Health and Personal Social Services (Northern Ireland)
Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section
69
of this Act) insert— A person commits an offence if the person has the management or A person guilty of an offence under this Article is liable on summary In this Article “tobacco vending machine” means a machine from tobacco products, herbal smoking products, or cigarette papers.”
“4B
Tobacco vending machines
(1)
control of premises on which a tobacco vending machine is available
for use.
(2)
conviction to a fine not exceeding level 5 on the standard scale.
(3)
which any of the following products may be bought or from which
they are dispensed to a customer in connection with a sale—
(a)
(b)
(c)
After Article
4B
of the Health and Personal Social Services (Northern Ireland)
Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section
70
of this Act) insert— It is an offence for a tobacco retailer to sell cigarettes that are not in A person guilty of an offence under this Article is liable on summary In this Article “original packaging” means the retail packaging in
“4C
Sale of unpackaged cigarettes
(1)
their original packaging.
(2)
conviction to a fine not exceeding level 3 on the standard scale.
(3)
which the cigarettes were supplied to the tobacco retailer for the
purpose of sale.”
After Article
4C
of the Health and Personal Social Services (Northern Ireland)
Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section
71
of this Act) insert— A tobacco retailer must display an age of sale notice at any premises
For the purposes of this Article an “age of sale notice” is a notice
“It is illegal to sell tobacco products to anyone born on or after
1 January 2009”.
The notice must be displayed in a prominent position where it is The notice must comply with any requirements set out in regulations the statement on the notice, or any other aspect of the notice. Regulations under paragraph
(4)
are subject to negative resolution. A person who fails to display an age of sale notice as required by this It is a defence for a person charged with an offence under this Article A person guilty of an offence under this Article is liable on summary
“4D
Age of sale notice at point of sale
(1)
at which they sell tobacco products.
(2)
containing the following statement—
(3)
readily visible to people at each point of sale of tobacco products.
(4)
made by the Department as to the size or appearance of—
(a)
(b)
(5)
(6)
Article commits an offence.
(7)
to prove that they took all reasonable steps to avoid the commission
of the offence.
(8)
conviction to a fine not exceeding level 3 on the standard scale.”
After Article
4D
of the Health and Personal Social Services (Northern Ireland)
Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section
72
of this Act) insert— It is an offence to manufacture a relevant oral tobacco product. In paragraph
(1)
“relevant oral tobacco product” means a tobacco is intended for oral use, is not intended to be inhaled or chewed, and consists wholly or partly of tobacco in powder or particulate A person guilty of an offence under this Article is liable— on summary conviction, to imprisonment for a term not on conviction on indictment, to imprisonment for a term not
“Snus etc
4E
Ban on manufacture of snus etc
(1)
(2)
product that—
(a)
(b)
(c)
form.
(3)
(a)
exceeding 6 months, or a fine not exceeding the statutory
maximum, or both;
(b)
exceeding 2 years, or a fine, or both.”
After Article
4E
of the Health and Personal Social Services (Northern Ireland)
Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section
73
of this Act) insert— It is an offence to— sell a relevant oral tobacco product, or offer or expose a relevant oral tobacco product for sale. It is a defence for a person charged with an offence under this Article A person guilty of an offence under this Article is liable— on summary conviction, to imprisonment for a term not on conviction on indictment, to imprisonment for a term not
“4F
Ban on sales of snus etc
(1)
(a)
(b)
(2)
(3)
to prove that they took all reasonable steps to avoid the commission
of the offence.
(4)
(a)
exceeding 6 months, or a fine not exceeding the statutory
maximum, or both;
(b)
exceeding 2 years, or a fine, or both.”
After Article
4F
of the Health and Personal Social Services (Northern Ireland) It is an offence for a person to have a relevant oral tobacco product A person guilty of an offence under this Article is liable— on summary conviction, to imprisonment for a term not on conviction on indictment, to imprisonment for a term not
Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section
74
of this Act) insert—
“4G
Possession of snus etc with intent to supply
(1)
in their possession with intent to supply it to another in the course of
business.
(2)
(3)
(a)
exceeding 6 months, or a fine not exceeding the statutory
maximum, or both;
(b)
exceeding 2 years, or a fine, or both.”
After Article
4G
of Health and Personal Social Services (Northern Ireland)
Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section
75
of this Act) insert— It is an offence to sell a vaping product or nicotine product to a person It is a defence for a person charged with an offence under this Article that they took such steps as may be specified in regulations that they otherwise took all reasonable steps to avoid the A person guilty of an offence under this Article is liable on summary
“Vaping and nicotine products
4H
Sale of vaping or nicotine products to under 18s
(1)
who is under the age of 18.
(2)
to prove—
(a)
made by the Department to verify that the customer was at
least 18 years old, or
(b)
commission of the offence.
(3)
(4)
conviction to a fine not exceeding level 5 on the standard scale.”
The Health and Personal Social Services (Northern Ireland) Order 1978 (S.I.
1978/1907 (N.I. 26)) is amended as follows.
“4I Purchase of vaping or nicotine products on behalf of under 18s
(1)
It is an offence for a person aged 18 or over to buy, or attempt to buy,
a vaping product or nicotine product on behalf of a person who is under the age of 18.(2)
It is a defence for a person charged with an offence under this Article
to prove that they had no reason to suspect that the other person was under the age of 18.(3)
A person guilty of an offence under this Article is liable on summary
conviction to a fine not exceeding level 5 on the standard scale.”
In Article 4A (purchase of tobacco or nicotine products on behalf of persons
under 18)—
in paragraph (1), for “tobacco, cigarette papers or a relevant nicotine
product” substitute “tobacco products, herbal smoking products or
cigarette papers”;
in the heading, for “or nicotine products” substitute “etc”.
After Article
4I
of the Health and Personal Social Services (Northern Ireland)
Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section
77
of this Act) insert— A person commits an offence if the person has the management or A person guilty of an offence under this Article is liable on summary In this Article—
“ from which nicotine products may be bought, or from which they are dispensed to a customer in
“ from which vaping products may be bought, or from which they are dispensed to a customer in
“4J
Vaping and nicotine product vending machines
(1)
control of premises on which a vape vending machine or a nicotine
product vending machine is available for use.
(2)
conviction to a fine not exceeding level 5 on the standard scale.
(3)
nicotine product vending machine” means a machine—
(a)
(b)
connection with a sale;
vape vending machine” means a machine—
(a)
(b)
connection with a sale.”
After Article
4J
of the Health and Personal Social Services (Northern Ireland)
Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section
78
) insert— The Department may by regulations impose prohibitions, requirements the display, in the course of business, of relevant products in the display, in the course of business, of empty retail packaging the display, in the course of business, of prices of relevant In paragraph
(1)
“relevant product” means— tobacco products, tobacco related devices, herbal smoking products, cigarette papers, vaping products, or nicotine products. Regulations under paragraph
(1)
may create offences in relation to a The regulations must provide for any offence to be triable on on summary conviction, to imprisonment for a term not on conviction on indictment, to imprisonment for a term not Before making regulations under this Article the Department must Regulations may not be made by the Department under this Article
“Displays of products or prices
4K
Displays of products or prices
(1)
or limitations on retailers in relation to—
(a)
a place where those products are offered for sale;
(b)
of relevant products in a place where those products are offered
for sale;
(c)
products in a place where those products are offered for sale.
(2)
(a)
(b)
(c)
(d)
(e)
(f)
(3)
(4)
failure to comply with the regulations.
(5)
indictment or summarily and punishable—
(a)
exceeding 6 months, or a fine not exceeding the statutory
maximum, or both;
(b)
exceeding 2 years, or a fine, or both.
(6)
consult any persons it considers it appropriate to consult.
(7)
unless a draft of the regulations has been laid before and approved
by a resolution of the Assembly.”
After Article
4K
of the Health and Personal Social Services (Northern Ireland)
Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section
79
) insert— A person commits an offence if— the person— gives away a product or coupon to a member of the causes or permits that to happen, and either— their purpose in doing so is to promote a relevant the effect of their doing so is to promote a relevant In paragraph
(1)
“relevant product” means— a tobacco product, a herbal smoking product, cigarette papers, a vaping product, or a nicotine product. Where a person is charged with an offence under this Article of giving A person guilty of an offence under this Article is liable— on summary conviction, to imprisonment for a term not on conviction on indictment, to imprisonment for a term not In this Article “coupon” means anything (whether in physical or
“Free distribution and discounts
4L
Free distribution and discounts of products
(1)
(a)
(i)
public or sells a product or coupon at a substantial
discount, or
(ii)
(b)
(i)
product, or
(ii)
product and they know, or have reason to suspect, that
will be the effect.
(2)
(a)
(b)
(c)
(d)
(e)
(3)
away a vaping product or nicotine product, or a coupon for such a
product, it is a defence for the person to prove that the product or
coupon was given away in accordance with arrangements made by a
public authority.
(4)
(a)
exceeding 6 months, or a fine not exceeding the statutory
maximum, or both;
(b)
exceeding 2 years, or a fine, or both.
(5)
electronic form) which, by itself or together with something else, can
be redeemed for a product or service or for cash or any other benefit.”
Before Article 7 of the Health and Personal Social Services (Northern Ireland)
Order 1978 (S.I. 1978/1907 (N.I. 26)) insert— Each district council must, at least once a year, consider— whether it is appropriate to carry out a programme of if so, what that programme should involve. In paragraph
(1)
“programme of enforcement action” means a the investigation of complaints in respect of an alleged offence this Part or regulations under Article
4K
, or the Tobacco Retailers Act (Northern Ireland) 2014; the bringing of prosecutions in respect of such an offence; the taking of other measures intended to reduce the incidence
“Enforcement
6A
Programme of enforcement action by district councils
(1)
(a)
enforcement action in its area, and
(b)
(2)
programme involving one or more of the following—
(a)
under—
(i)
(ii)
(b)
(c)
of such offences.”
For Article 7 of the Health and Personal Social Services (Northern Ireland)
Order 1978 (S.I. 1978/1907 (N.I. 26)) substitute—
In this Part—
“
“
“
“
“
“
“
“
“
“
“ a device which— vaporises substances, other than tobacco, for the is not a medical device or a medicinal product, an item which is intended to form part of a device
“ a vape, or a vaping substance;
“
“
“ In this Part “nicotine product” means— a device which is intended to enable nicotine to be delivered an item which is intended to form part of a device within nicotine, or any substance containing nicotine, which is intended an item containing anything within sub-paragraph
(c)
. But the following are not “nicotine products” for the purposes of this a tobacco product; a herbal smoking product; cigarette papers; any device which is intended to be used for the consumption a vaping product; a medical device; a medicinal product.”
“Interpretation
7
Interpretation of Part 2
cigarette papers” includes anything intended to be used for
encasing tobacco products or herbal smoking products for the
purpose of enabling them to be smoked;
herbal smoking product” means a product consisting wholly or
partly of vegetable matter and intended to be smoked but not
containing tobacco;
medical device” has the meaning given by the Medical Devices
Regulations 2002 (S.I. 2002/618);
medicinal product” has the meaning given by the Human
Medicines Regulations 2012 (S.I. 2012/1916);
nicotine product” has the meaning given by Article
7A
;
premises” means any place (including a vehicle or moveable
structure);
retail packaging”, in relation to a thing, means the packaging in
which it is, or is intended to be, presented for sale by retail;
sell” means sell by retail;
tobacco product” means a product consisting wholly or partly
of tobacco and intended to be smoked, sniffed, sucked, chewed
or consumed in any other way;
tobacco retailer” means a person who carries on a business
involving the sale of tobacco products by retail;
vape” means—
(a)
(i)
purpose of inhalation through a mouthpiece
(whether or not it also vaporises tobacco), and
(ii)
or
(b)
within paragraph
(a)
(including anything intended to
be attached to it with a view to imparting flavour);
vaping product” means—
(a)
(b)
vaping substance” means a substance, other than tobacco, that
is intended to be vaporised by a vape;
vaporises” includes aerosolises;
vehicle” means every type of vehicle, including a vessel, aircraft
and hovercraft.
7A
Meaning of nicotine product
(1)
(a)
into the human body,
(b)
sub-paragraph
(a)
,
(c)
to be delivered into the human body, or
(d)
(2)
Article—
(a)
(b)
(c)
(d)
of tobacco products;
(e)
(f)
(g)
Schedule 10
amends the Tobacco Retailers Act (Northern Ireland) 2014 (c. 4
(N.I.)) to extend certain provisions about the registration of tobacco retailers
so that they apply in relation to retailers of vaping products and nicotine
products.
After
section 4
of the
Tobacco Retailers Act (Northern Ireland) 2014
(c. 4 An individual must not do any of the following things except under sell relevant products; expose relevant products for sale; possess relevant products for the purpose of their sale (by the A person must not use or permit the use of premises for any of the the storage of relevant products for the purpose of their sale the exposure of relevant products for sale; the supply of relevant products to retail customers. Regulations may create exceptions to the prohibition in subsection (1) Regulations must make provision for and in connection with the grant Before making regulations under this section the Department must Schedule 1 makes further provision about regulations under subsection In this section—
“
“
“
“
“ tobacco products; herbal smoking products; cigarette papers; vaping products; nicotine products;
“
“ A person who breaches the prohibition in section 4A(1) or (2) commits A person commits an offence if— the person provides information to a licensing authority— in, or in connection with, an application for the grant in pursuance of any other obligation imposed by or the information is false or misleading in a material respect, and the person knows, or ought reasonably to know, that the A person who commits an offence under this section is liable on The court by which a person is convicted of an offence under In this section—
“
“
“
“
“ A council may impose a financial penalty on a person if satisfied that— the person has breached a condition attached to a personal the breach of that condition does not constitute an offence The amount of the financial penalty must not exceed £2,500. Regulations may amend the amount specified in subsection (2) for the Schedule 2 makes further provision about the imposition of financial In this section “personal licence” and “premises licence” have the
(N.I.)) insert—
“Licensing of retail sales of tobacco products etc
4A
Prohibition of retail sales of tobacco products etc without a licence
(1)
the authority of and in accordance with a personal licence—
(a)
(b)
(c)
individual or another person).
(2)
following things except under the authority of and in accordance with
a premises licence—
(a)
(by the person or another person);
(b)
(c)
(3)
or (2).
(4)
of personal licences and premises licences.
(5)
consult any persons the Department considers it appropriate to consult.
(6)
(4).
(7)
grant” includes variation or renewal;
licensing authority” has the meaning given by paragraph 2 of
Schedule 1;
personal licence” means a licence that is granted by a licensing
authority and authorises an individual to do the things
mentioned in subsection (1)(a), (b) and (c);
premises licence” means a licence that is granted by a licensing
authority and authorises the use of premises by a person for
the things mentioned in subsection (2)(a), (b) and (c);
relevant products” means—
(a)
(b)
(c)
(d)
(e)
sell” means sell by retail;
supply” includes despatch.
4B
Offences in connection with licences
(1)
an offence.
(2)
(a)
(i)
of a personal licence or a premises licence, or
(ii)
under regulations made under section 4A(4),
(b)
(c)
information is false or misleading in a material respect.
(3)
summary conviction to a fine not exceeding level 5 on the standard
scale.
(4)
subsection (1) may order the relevant products to which the offence
relates, and any container for them, to be forfeited and either destroyed
or dealt with in such other manner as the court may order.
(5)
grant” includes variation or renewal;
licensing authority” has the meaning given by paragraph 2 of
Schedule 1;
personal licence” has the meaning given by section 4A(7);
premises licence” has the meaning given by section 4A(7);
relevant product” has the meaning given by section 4A(7).
4C
Financial penalties for breach of licence conditions
(1)
(a)
licence or a premises licence, and
(b)
under section 4B.
(2)
(3)
purpose of reflecting inflation.
(4)
penalties under this section.
(5)
meaning given by section 4A(7).”
Schedule 11
inserts new
Schedule 1
to the
Tobacco Retailers Act (Northern
Ireland) 2014
, relating to the grant of personal licences and premises licences.
Schedule 12
inserts new
Schedule 2
to the
Tobacco Retailers Act (Northern
Ireland) 2014
, relating to the imposition of financial penalties.
Schedule 13
contains consequential amendments relating to the licensing of
retail sales of tobacco products etc.
After Article
6A
of the Health and Personal Social Services (Northern Ireland) The Department may by regulations amend this Part for the purpose Before making regulations under this Article the Department must Regulations may not be made by the Department under this Article
Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section
81
of this Act) insert—
“Power to extend this Part
6B
Power to extend this Part to other products
(1)
of extending any provision that applies in relation to a tobacco product
to a tobacco related device.
(2)
consult any persons it considers it appropriate to consult.
(3)
unless a draft of the regulations has been laid before and approved
by a resolution of the Assembly.”
After section 21 of the Tobacco Retailers Act (Northern Ireland) 2014 (c. 4 The Department may by regulations amend this Act for the purpose a device of a specified description which enables a tobacco an item which is intended to form part of such a device. Before making regulations under this section the Department must
(N.I.)) insert—
“21A
Power to extend Act to other products
(1)
of extending any provision that applies in relation to a tobacco product
to—
(a)
product to be consumed (for example, a heated tobacco device
or pipe);
(b)
(2)
consult any persons the Department considers it appropriate to
consult.”
In section 24 of that Act, in subsection (2), for “or 21(4) or (5)” substitute “,
21(4) or (5) or
21A
”.
See Schedule
14
for consequential amendments coming into force at the end
of the period of 6 months beginning with the day on which this Act is passed.
See Schedule
15
for consequential amendments coming into force on 1 January
2027.
In relation to times before 1 January 2027, Article 6A (2) of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section 81 of this Act) has effect as if it included a reference to an offence under Article 5 of the Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991 (S.I. 1991/2872 (N.I. 25)) (display of warning statements).
An officer of Revenue and Customs may, for the purpose of facilitating the
exercise by an enforcement authority of any of its functions in relation to the
enforcement of a relevant offence, seize any relevant oral tobacco products
that have been imported and detain them for not more than 48 hours.
Any products seized and detained under this section must be dealt with
during their period of detention in such manner as the Commissioners for
His Majesty’s Revenue and Customs may direct.
For the purposes of calculating the 48-hour period mentioned in subsection (1) any period falling on a non-working day is to be disregarded.
In this section—
“
enforcement authority”—
in relation to England or Wales, means a local weights and
measures authority;
in relation to Scotland, means a council constituted under
section 2 of the Local Government etc. (Scotland) Act 1994;
in relation to Northern Ireland, means a district council;
“
non-working day” means—
a Saturday or Sunday, or
a day which is a bank holiday under the Banking and Financial
Dealings Act 1971 in any part of the United Kingdom;
“
relevant offence” means an offence under any of the following (which
relate to possession of relevant oral tobacco products with intent to
supply)—
section 9 (England and Wales);
section
9C
of the Tobacco and Primary Medical Services
(Scotland) Act 2010 (Scotland);
Article
4G
of the Health and Personal Social Services (Northern
Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26));
“
relevant oral tobacco product” means a tobacco product that—
is intended for oral use,
is not intended to be inhaled or chewed, and
consists wholly or partly of tobacco in powder or particulate
form.
The Secretary of State may by regulations make provision about the retail
packaging of—
tobacco products;
tobacco related devices;
herbal smoking products;
cigarette papers;
vaping products;
nicotine products.
The regulations may, in particular, impose prohibitions, requirements or
limitations in relation to the production, importation or supply of such
products in the course of business.
Provision made by the regulations may, in particular, include provision
about—
the markings on packaging (including the use of branding, trademarks
or logos);
the information provided on packaging or otherwise supplied with a
product;
the appearance of packaging;
the materials used for packaging;
the texture of packaging;
the size of packaging;
the shape of packaging;
the means by which packaging is opened;
any features of packaging which could be used to distinguish between
different brands;
the number of individual products contained in an individual packet;
the quantity of a product contained in an individual packet.
Regulations under this section are subject to the affirmative resolution
procedure.
The Secretary of State may by regulations make provision about—
the markings on—
tobacco products,
tobacco related devices,
herbal smoking products,
cigarette papers,
vaping products, or
nicotine products,
including the use of branding, trademarks or logos;
the information provided on such products;
the appearance of such products;
the size of such products or their components;
the shape of such products;
any features of such products which could be used to distinguish
between different brands.
The regulations may, in particular, impose prohibitions, requirements or
limitations in relation to the production, importation or supply of such
products in the course of business.
Regulations under this section are subject to the affirmative resolution
procedure.
The Secretary of State may by regulations make provision about—
the substances that may be included in a relevant product or the
amount of any given substance that may be included;
the flavour of relevant products;
any product intended to be used in connection with a relevant product
with a view to imparting flavour.
In this section “relevant products” means—
tobacco products,
tobacco related devices,
herbal smoking products,
cigarette papers,
vaping products, or
nicotine products.
The regulations may, in particular, impose prohibitions, requirements or
limitations in relation to the production, importation or supply of such
products in the course of business.
The regulations may, in particular, make provision about how the flavour of
a product is to be determined, including provision for a determination to be
made by a person authorised for the purpose by the Secretary of State.
Regulations under this section are subject to the affirmative resolution
procedure.
The Secretary of State may by regulations make provision about the nature
and amount of the substances that may be released into the body of a person
using or of the emissions that may be released by—
tobacco products;
tobacco related devices;
herbal smoking products;
cigarette papers;
vaping products;
nicotine products.
The regulations may, in particular, impose prohibitions, requirements or
limitations in relation to the production, importation or supply of such
products in the course of business.
The regulations may, in particular, make provision about how the nature and
amount of substances or emissions released by a product are to be determined,
including provision for a determination to be made by a person authorised
for the purpose by the Secretary of State.
Regulations under this section are subject to the affirmative resolution
procedure.
The Secretary of State may by regulations prohibit a person from doing the
following in the course of business—
publishing an image of the retail packaging of a relevant product from
which it is possible to tell that the requirements of regulations under
section
89
have not been complied with;
publishing an image of a relevant product from which it is possible
to tell that the requirements of regulations under section
90
have not
been complied with;
In this section “relevant product” means—
a tobacco product,
a tobacco related device,
a herbal smoking product,
cigarette papers,
a vaping product, or
a nicotine product.
Regulations under this section are subject to the affirmative resolution
procedure.
The Secretary of State may by regulations make provision for the establishment
of a register of—
tobacco products;
tobacco related devices;
herbal smoking products;
cigarette papers;
vaping products;
nicotine products.
The regulations may impose prohibitions or limitations on the supply of an
unregistered product in the course of business.
The regulations may, in particular, make provision—
about who is to keep the register;
about eligibility for registration or continued registration;
requiring a person to provide the registrar with information that relates
to the product or producer;
about the content of the register;
about the expiry, renewal, cancellation or suspension of a product’s
registration;
about the publication of the register;
for fees to be payable in respect of registration or continued registration
(which may be set at a level that takes into account the cost of
exercising functions under or in connection with any regulations under
this Part).
Regulations made by virtue of
subsection (3)
(c)
may, in particular, require
the provision of—
the reasons for an ingredient’s inclusion in the product;
images (for example, an image of the product or its label or packaging);
information relevant to any risks or suspected risks to human health
or safety posed by the product;
information about substances released into the body of a person using
the product or about the emissions released by the product;
information about the producer’s operations;
information about any individual nominated by the producer in
accordance with regulations under
section 97
(responsible person).
Regulations under this section are subject to the affirmative resolution
procedure.
The Secretary of State may by regulations—
require a producer or importer of any of the following products to
provide information that relates to the product or its producer to a
person specified in the regulations—
tobacco products;
tobacco related devices;
herbal smoking products;
cigarette papers;
vaping products;
nicotine products;
make provision about the publication of information provided under
the regulations.
The regulations may, in particular, require the provision of—
sales data or market research relating to the product.
The regulations may, in particular, make provision about when and how
information must be provided.
Regulations under this section are subject to the affirmative resolution
procedure.
The Secretary of State may by regulations require a producer of a relevant
product—
to carry out a study in relation to the product or an ingredient in it,
and
to submit a report on the results of the study to a person specified in
the regulations.
In this section “relevant product” means—
a tobacco product,
a tobacco related device,
a herbal smoking product,
cigarette papers,
a vaping product, or
a nicotine product.
The regulations may, in particular, make provision about—
when and how a study is to be carried out and a report submitted;
the questions that a study must address;
the content and structure of a report.
Regulations under this section are subject to the affirmative resolution
procedure.
The Secretary of State may by regulations require a producer of any of the
following to nominate an individual to be responsible for information that
is, or that has to be, provided to a person in accordance with regulations
under sections
94
to
96
—
tobacco products;
tobacco related devices;
herbal smoking products;
cigarette papers;
vaping products; or
nicotine products.
The regulations may, in particular, make provision about who is eligible to
be nominated, including provision requiring a nominee to be resident in, or
to have another connection to, the United Kingdom.
The regulations must prohibit a producer from nominating an individual
without the individual’s consent.
Regulations under this section are subject to the affirmative resolution
procedure.
The Secretary of State may by regulations require a person specified in the
regulations to carry out tests with a view to determining whether a product
complies with a requirement imposed by regulations under this Part.
The regulations may, in particular, make provision—
about how and when tests are to be carried out;
about who may carry out tests on behalf of the person specified under subsection (1) ;
about the selection of products for testing;
about the provision of samples by producers;
for charges to be payable in respect of tests (which may be set at a
level that takes into account the cost of exercising functions under or
in connection with any regulations under this Part).
Regulations under this section are subject to the affirmative resolution
procedure.
The Secretary of State may, for the purpose of minimising the risks to human
health and safety posed by relevant products, make regulations—
requiring producers or importers to have processes in place for
collecting information about the effect of their products on human
health and safety;
conferring power on the Secretary of State, in circumstances specified
in the regulations, to—
impose a prohibition or limitation on the supply of a product
by a producer or importer;
require a producer or importer to recall a product.
In this section “relevant products” means—
tobacco products,
tobacco related devices,
herbal smoking products,
cigarette papers,
vaping products, or
nicotine products.
Regulations under
this section
are subject to the affirmative resolution
procedure.
The Secretary of State may by regulations make provision—
that is similar to or that corresponds to any provision of the Tobacco
and Related Products Regulations 2016 (S.I. 2016/507), other than Part
7 of those Regulations, or
that applies a provision of those Regulations, with or without
modifications, to any of the following to which it would not otherwise
apply—
tobacco products,
tobacco related devices,
herbal smoking products,
cigarette papers,
vaping products, or
nicotine products,
so far as that provision could not otherwise be made under this Part.
The reference in subsection (1) to the Tobacco and Related Products
Regulations 2016 (S.I. 2016/507) is to that instrument as it has effect on the
day on which this Act is passed.
Regulations under this section are subject to the affirmative resolution
procedure.
The Tobacco and Related Products Regulations 2016 (S.I. 2016/507), so far as they contain provision that could be made under a regulation-making power conferred by this Part, are treated for the purposes of section 14 of the Interpretation Act 1978 (implied power to amend or revoke) as having been made under that power.
Regulations under this Part may create an offence in relation to a failure to
comply with the regulations.
Regulations under
section 97
may provide that, if a producer commits an
offence by reason of—
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 97 .
Regulations under this Part must provide for any offence to be triable either
way and punishable—
on summary conviction—
in England and Wales, to imprisonment for a term not
exceeding the general limit in a magistrates’ court, or a fine,
or both;
in Scotland, to imprisonment for a term not exceeding 12
months, or a fine not exceeding the statutory maximum, or
both;
in Northern Ireland, to imprisonment for a term not exceeding
6 months, or a fine not exceeding the statutory maximum, or
both;
on conviction on indictment, to imprisonment for a term not exceeding
2 years, or a fine, or both.
Regulations under this Part may include provision about enforcement,
including—
provision conferring functions on the relevant enforcement authorities;
provision for the appropriate national authority to—
direct, in relation to cases of a particular description or a
particular case, that any duty imposed on a relevant
enforcement authority by virtue of provision under
paragraph
(a)
is to be discharged by the appropriate national authority
and not by the relevant enforcement authority;
take over the conduct of any proceedings from a relevant
enforcement authority in respect of an offence committed under
the regulations.
Regulations under this Part may, in particular, include—
provision applying, with or without modifications, any of the
enforcement provisions of the Consumer Protection Act 1987;
provision similar or corresponding to any of those provisions.
The reference in
subsection (2)
to the “enforcement provisions” of the
Consumer Protection Act 1987 is to the following provisions of that Act—
in Part 2 (consumer safety)—
sections 14 and 15 (suspension notices);
sections 16 and 17 (forfeiture);
section 18 (power to obtain information);
Part 4 (enforcement);
Part 5 (miscellaneous and supplemental) so far as relating to the
provisions mentioned in
paragraphs (a)
and
(b)
above.
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 authorities” means—
in relation to England and Wales, local weights and measures
authorities,
in relation to Scotland, local weights and measures authorities,
and
in relation to Northern Ireland, district councils.
Regulations under this Part may confer discretions.
Regulations under this Part may include provision binding the Crown.
Regulations under this Part which include provision binding the Crown—
must provide that the Crown is not criminally liable as a result of any
such provision, and
may confer power on the High Court in England and Wales or
Northern Ireland, or the Court of Session in Scotland, to declare
unlawful any act or omission for which the Crown would be criminally
liable if it were not for provision made by virtue of
paragraph (a)
.
Provision made by virtue of
subsection (2)
(b)
which confers power on the
Court of Session to make a declaration must provide that such a declaration
may only be made on an application by the Scottish Ministers or a local
weights and measures authority in Scotland.
Provision made by virtue of
this section
does not affect the application of
regulations under this Part in relation to persons in the public service of the
Crown.
The consequential provision that may be made by regulations under this Part by virtue of section 164 (1) (a) includes provision amending, repealing or revoking any legislation (whenever passed or made).
In the Children and Families Act 2014 omit section 94.
In Schedule 15 to the Digital Markets, Competition and Consumers Act 2024 (consumer protection enactments), in Part 1—
in the second part of the Table (secondary legislation) at the
“The Tobacco
and Related
Products
Regulations 2016
(S.I. 2016/507)
All public designated enforcers, other than— the Department for the Economy in the Department of Health in the Department for Infrastructure in an enforcement authority within the the Maritime and Coastguard the Office for the Traffic the Secretary of State. All private enforcers.”;
appropriate place insert—
(1)
(a)
Northern Ireland;
(b)
Northern Ireland;
(c)
Northern Ireland;
(d)
meaning of section 120(15) of the
Communications Act 2003
(regulation of premium rate
services);
(e)
Agency;
(f)
Commissioner;
(g)
(2)
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).
Before making regulations under this Part the Secretary of State must consult any persons the Secretary of State considers it appropriate to consult.
Before making regulations under this Part the Secretary of State must obtain the consent of—
the Welsh Ministers, if the regulations contain provision which would
be within the legislative competence of Senedd Cymru if contained
in an Act of the Senedd;
the Scottish Ministers, if the regulations contain provision which would
be within the legislative competence of the Scottish Parliament if
contained in an Act of the Scottish Parliament;
the Executive Office in Northern Ireland, if the regulations contain
provision which—
would be within the legislative competence of the Northern
Ireland Assembly if contained in an Act of the Assembly, and
would not, if it were contained in a Bill for an Act of the
Northern Ireland Assembly, result in the Bill requiring the
consent of the Secretary of State under section 8 of the Northern
Ireland Act 1998.
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;
“
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
112
;
“
packaging”, in relation to a product, means—
the external packaging of the product (including any wrapper),
the internal packaging of the product, or
“
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;
“
vape” means—
a device which—
vaporises substances, other than tobacco, for the purpose
of inhalation through a mouthpiece (whether or not it
also vaporises tobacco), and
is not a medical device or a medicinal product, or
an item which is intended to form part of a device within
paragraph (a)
(including anything intended to be attached to
it with a view to imparting flavour);
“
vaping product” means—
a vape, or
a vaping substance;
“
vaping substance” means a substance, other than tobacco, that is
intended to be vaporised by a vape;
“
vaporises” includes aerosolises (and “vaporised” is to be construed
accordingly).
In this Part “nicotine product” means—
a device which is intended to enable nicotine to be delivered into the
human body,
an item which is intended to form part of a device within paragraph (a) ,
nicotine, or any substance containing nicotine, which is intended to
be delivered into the human body, or
an item containing anything within paragraph (c) .
But the following are not “nicotine products” for the purposes of this section—
a tobacco product;
a herbal smoking product;
cigarette papers;
any device which is intended to be used for the consumption of tobacco
products or herbal smoking products;
a vaping product;
a medical device;
a medicinal product.
A person commits an offence if—
the person, acting in the course of business, publishes an advertisement
in the United Kingdom whose purpose or effect is to promote—
a tobacco product,
a herbal smoking product,
cigarette papers,
a vaping product, or
a nicotine product, and
the person knows or has reason to suspect—
that what they are publishing is or contains the advertisement,
and
that the advertisement has that purpose or will have that effect.
A person who commits an offence under this section is liable—
on conviction on indictment, to imprisonment for a term not exceeding
2 years, or a fine, or both;
on summary conviction—
in England and Wales, to imprisonment for a term not
exceeding the general limit in a magistrates’ court, or a fine,
or both;
in Scotland, to imprisonment for a term not exceeding 12
months, or a fine not exceeding the statutory maximum, or
both;
in Northern Ireland, to imprisonment for a term not exceeding
6 months, or a fine not exceeding the statutory maximum, or
both.
A person commits an offence if—
the person, acting in the course of business, designs an advertisement
whose purpose or effect is to promote—
a tobacco product,
a herbal smoking product,
cigarette papers,
a vaping product, or
a nicotine product, and
the person knows or has reason to suspect—
that the advertisement has that purpose or will have that effect,
and
that the advertisement will be published in the United
Kingdom.
A person who commits an offence under this section is liable—
on conviction on indictment, to imprisonment for a term not exceeding
2 years, or a fine, or both;
on summary conviction—
in England and Wales, to imprisonment for a term not
exceeding the general limit in a magistrates’ court, or a fine,
or both;
in Scotland, to imprisonment for a term not exceeding 12
months, or a fine not exceeding the statutory maximum, or
both;
in Northern Ireland, to imprisonment for a term not exceeding
6 months, or a fine not exceeding the statutory maximum, or
both.
A person commits an offence if—
the person, acting in the course of business, prints an advertisement
whose purpose or effect is to promote—
a tobacco product,
a herbal smoking product,
cigarette papers,
a vaping product, or
a nicotine product, and
the person knows or has reason to suspect—
that what they are printing is or contains the advertisement,
that the advertisement has that purpose or will have that effect,
and
that the advertisement will be published in the United
Kingdom.
A person who commits an offence under this section is liable—
on conviction on indictment, to imprisonment for a term not exceeding
2 years, or a fine, or both;
on summary conviction—
in England and Wales, to imprisonment for a term not
exceeding the general limit in a magistrates’ court, or a fine,
or both;
in Scotland, to imprisonment for a term not exceeding 12
months, or a fine not exceeding the statutory maximum, or
both;
in Northern Ireland, to imprisonment for a term not exceeding
6 months, or a fine not exceeding the statutory maximum, or
both.
A person commits an offence if—
the person, acting in the course of business, distributes an
advertisement in the United Kingdom whose purpose or effect is to
promote—
a tobacco product,
a herbal smoking product,
cigarette papers,
a vaping product, or
a nicotine product, and
the person knows or has reason to suspect—
that what they are distributing is or contains the advertisement,
and
that the advertisement has that purpose or will have that effect.
A person who commits an offence under this section is liable—
on conviction on indictment, to imprisonment for a term not exceeding
2 years, or a fine, or both;
on summary conviction—
in England and Wales, to imprisonment for a term not
exceeding the general limit in a magistrates’ court, or a fine,
or both;
in Scotland, to imprisonment for a term not exceeding 12
months, or a fine not exceeding the statutory maximum, or
both;
in Northern Ireland, to imprisonment for a term not exceeding
6 months, or a fine not exceeding the statutory maximum, or
both.
A person commits an offence if—
the person, acting in the course of business, causes the publication or
distribution in the United Kingdom of an advertisement whose purpose
or effect is to promote—
a tobacco product,
a herbal smoking product,
cigarette papers,
a vaping product, or
a nicotine product, and
the person knows or has reason to suspect—
that they are causing the publication or distribution of the
advertisement,
that the advertisement has that purpose or will have that effect,
and
that the advertisement will be published or distributed in the
United Kingdom.
A person commits an offence if—
the person, acting in the course of business, causes the designing or
printing of an advertisement whose purpose or effect is to promote—
a tobacco product,
a herbal smoking product,
cigarette papers,
a vaping product, or
a nicotine product, and
the person knows or has reason to suspect—
that they are causing the designing or printing of the
advertisement,
that the advertisement has that purpose or will have that effect,
and
that the advertisement will be published in the United
Kingdom.
A person who commits an offence under this section is liable—
on conviction on indictment, to imprisonment for a term not exceeding
2 years, or a fine, or both;
on summary conviction—
in England and Wales, to imprisonment for a term not
exceeding the general limit in a magistrates’ court, or a fine,
or both;
in Scotland, to imprisonment for a term not exceeding 12
months, or a fine not exceeding the statutory maximum, or
both;
in Northern Ireland, to imprisonment for a term not exceeding
6 months, or a fine not exceeding the statutory maximum, or
both.
A person who carries on any business in the United Kingdom commits an
offence if—
the person, acting in the course of business, provides an internet service
by means of which an advertisement is published or distributed in
the United Kingdom,
the advertisement’s purpose or effect is to promote—
a tobacco product,
a herbal smoking product,
cigarette papers,
a vaping product, or
a nicotine product, and
the person knows or has reason to suspect—
that the advertisement will be published or distributed in the
United Kingdom by means of the service that they provide,
and
that the advertisement has that purpose or will have that effect.
A person who carries on any business in the United Kingdom commits an
offence if—
the person, acting in the course of business, provides an internet service
by means of which an advertisement is published or distributed in
the United Kingdom,
the advertisement’s purpose or effect is to promote—
a tobacco product,
a herbal smoking product,
cigarette papers,
a vaping product, or
a nicotine product,
the person becomes aware of the circumstances set out in paragraphs
(a) and (b), and
the person fails to take all reasonable steps to prevent the
advertisement from being further viewed by or distributed to the
public in the United Kingdom.
A person who commits an offence under this section is liable—
on conviction on indictment, to imprisonment for a term not exceeding
2 years, or a fine, or both;
on summary conviction—
in England and Wales, to imprisonment for a term not
exceeding the general limit in a magistrates’ court, or a fine,
or both;
in Scotland, to imprisonment for a term not exceeding 12
months, or a fine not exceeding the statutory maximum, or
both;
in Northern Ireland, to imprisonment for a term not exceeding
6 months, or a fine not exceeding the statutory maximum, or
both.
In this section “internet service” means a service that is made available by
means of the internet.
For the purposes of subsection
(4)
a service is “made available by means of
the internet” even where it is made available by means of a combination of—
the internet, and
an electronic communications service.
“Electronic communications service” has the same meaning as in the
Communications Act 2003 (see section 32(2) of that Act).
Where a person is charged with an offence under any of sections 113 to 118 in relation to an advertisement it is a defence for the person to show that—
it is, or is contained in, a communication that is made in the course
of business which is part of a relevant trade and it is made for the
purpose of that trade and directed solely at relevant persons involved
in that trade (see subsection
(2)
),
it is, or is contained in, a reply to a particular request by an individual
for information about a tobacco product, a herbal smoking product,
cigarette papers, a vaping product or a nicotine product, or
it is contained in a publication, other than in an in-flight magazine–
which is printed outside the United Kingdom, and
whose principal market is not the United Kingdom (or any
part of the United Kingdom).
“
relevant person”: a person is a “relevant person” involved in a relevant
trade if the person is engaged in, or employed by, a business which
is part of that trade and the person—
is responsible for making decisions on behalf of that business
about the purchase of tobacco products, herbal smoking
products, cigarette papers, vaping products or nicotine products
which are to be sold in the course of the business,
occupies a position in the management structure of the business
which is equivalent in seniority to, or of greater seniority than,
that of a person who is responsible as mentioned in paragraph
(a)
, or
is responsible for the conduct of the business or is a member
of the board of directors or other body of persons (however
described) that is responsible for the conduct of the business;
“
relevant trade” means—
the tobacco products trade,
the herbal smoking products trade,
the cigarette papers trade,
the vaping products trade, or
the nicotine products trade.
Where in accordance with subsection
(1)
it is a defence for a person charged
with an offence to show a particular matter, the person is taken to show that
matter if—
sufficient evidence of the matter is adduced to raise an issue with
respect to it, and
the contrary is not proved beyond reasonable doubt.
A person does not commit an offence under any of sections
113
to
117
in
relation to an advertisement whose purpose or effect is to promote a tobacco
product if the advertisement—
is in a specialist tobacconist,
is not visible from outside the specialist tobacconist,
is not for cigarettes or hand-rolling tobacco, and
complies with the requirements (if any) specified by the appropriate
national authority in regulations as to the inclusion of health warnings
and information.
Regulations under subsection
(1)
are subject to the negative resolution
procedure.
In this section—
“
appropriate national authority”—
in relation to specialist tobacconists in England, means the
Secretary of State,
in relation to specialist tobacconists in Wales, means the Welsh
Ministers,
in relation to specialist tobacconists in Scotland, means the
Scottish Ministers, and
in relation to specialist tobacconists in Northern Ireland, means
the Department of Health in Northern Ireland;
“
shop” includes a self-contained part of a shop (and, in relation to a
self-contained part of a shop, “premises” means that self-contained
part);
“
specialist tobacconist” means a shop selling tobacco products by retail
(whether or not it also sells other things) more than half of whose
sales on the premises in question derive from the sale of cigars, snuff,
pipe tobacco and smoking accessories.
For the purposes of determining whether a shop is a specialist tobacconist,
the sales are to be measured by sale price—
during the most recent period of 12 months for which accounts are
available, or
during the period for which the shop has been established, if it has
not been established long enough for 12 months’ accounts to be
available.
No offence is committed under this Part by the display of something that
amounts to an advertisement if the display of that thing is subject to the law
relating to displays.
For this purpose, the display of something is “subject to the law relating to
displays” if—
regulations could be made in respect of the display under section 13 (England);
the display falls within section 1(1) of the Tobacco and Primary Medical
Services (Scotland) Act 2010 (asp 3) (whether or not an offence is
committed under that section in respect of it) or regulations could be
made in respect of the display under section 3 or
3A
of that Act
(Scotland);
regulations could be made in respect of the display under section 14 (Wales);
regulations could be made in respect of the display under Article 4K of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) (Northern Ireland).
The Secretary of State may by regulations make provision prohibiting or
restricting brandsharing in relation to—
tobacco products;
herbal smoking products;
cigarette papers;
vaping products;
nicotine products.
In subsection
(1)
“brandsharing”, in relation to such a product (a “relevant
product”), means—
the use in connection with a service or product (other than the relevant
product) of anything which is the same as, or similar to, a name,
emblem or any other feature identified with the relevant product, or
the use in connection with the relevant product of anything which is
the same as, or similar to, a name, emblem or other feature identified
with a service or product other than the relevant product,
where the purpose or effect of the use is to promote the relevant product.
Regulations under this section may create offences in relation to a failure to
comply with the regulations.
The regulations must provide for any offence to be triable either way and
punishable—
on conviction on indictment, to imprisonment for a term not exceeding
2 years, or a fine, or both;
on summary conviction—
in England and Wales, to imprisonment for a term not
exceeding the general limit in a magistrates’ court, or a fine,
or both;
in Scotland, to imprisonment for a term not exceeding 12
months, or a fine not exceeding the statutory maximum, or
both;
in Northern Ireland, to imprisonment for a term not exceeding
6 months, or a fine not exceeding the statutory maximum, or
both.
Before making regulations under this section the Secretary of State must obtain
the consent of—
the Scottish Ministers, if the regulations contain provision which would
be within the legislative competence of the Scottish Parliament if
contained in an Act of the Scottish Parliament;
the Department of Health in Northern Ireland, if the regulations contain
provision which—
would be within the legislative competence of the Northern
Ireland Assembly if contained in an Act of the Assembly, and
would not, if it were contained in a Bill for an Act of the
Northern Ireland Assembly, result in the Bill requiring the
consent of the Secretary of State under section 8 of the Northern
Ireland Act 1998.
Regulations under this section are subject to the affirmative resolution
procedure.
A person commits an offence if—
the person is party to an agreement (entered into at any time),
under the agreement, a party to it, acting in the course of business,
makes a contribution towards something,
the purpose or effect of anything done as a result of the agreement is
to promote a tobacco product in the United Kingdom, and
A person who commits an offence under this section is liable—
on conviction on indictment, to imprisonment for a term not exceeding
2 years, or a fine, or both;
on summary conviction—
in England and Wales, to imprisonment for a term not
exceeding the general limit in a magistrates’ court, or a fine,
or both;
in Scotland, to imprisonment for a term not exceeding 12
months, or a fine not exceeding the statutory maximum, or
both;
in Northern Ireland, to imprisonment for a term not exceeding
6 months, or a fine not exceeding the statutory maximum, or
both.
A person commits an offence if—
the person is party to an agreement entered into on or after the day
on which this section comes into force,
under the agreement, a party to it, acting in the course of business,
makes a contribution towards something,
the purpose or effect of anything done on or after the specified date
as a result of the agreement is to promote in the United Kingdom—
a herbal smoking product,
cigarette papers,
a vaping product, or
a nicotine product, and
A person who commits an offence under this section is liable—
on conviction on indictment, to imprisonment for a term not exceeding
2 years, or a fine, or both;
on summary conviction—
in England and Wales, to imprisonment for a term not
exceeding the general limit in a magistrates’ court, or a fine,
or both;
in Scotland, to imprisonment for a term not exceeding 12
months, or a fine not exceeding the statutory maximum, or
both;
in Northern Ireland, to imprisonment for a term not exceeding
6 months, or a fine not exceeding the statutory maximum, or
both.
In subsection (1) “specified date” means a date specified by the Secretary of
State by regulations.
This Part does not apply in relation to anything included in—
a service falling within section 211(1) of the Communications Act 2003
(independent television services regulated by the Office of
Communications) which is not an additional television service (within
the meaning of Part 3 of that Act),
a service which—
falls within section 245(1) of the Communications Act 2003
(independent radio services regulated by the Office of
Communications), and
is not a digital additional sound service (within the meaning
of Part 3 of that Act),
an on-demand programme service (within the meaning given by section
368A of the Communications Act 2003),
a non-UK on-demand programme service that is a Tier 1 service (within
the meaning given by sections 368AA and 368HA of the
Communications Act 2003 respectively), or
a service provided by the British Broadcasting Corporation or Sianel
Pedwar Cymru (the body corporate so named by section 56 of the
Broadcasting Act 1990).
Schedule 16 contains—
amendments to extend certain provisions of the Communications Act
2003 to all vaping products and to herbal smoking products, cigarette
papers and nicotine products, and
other amendments to that Act made in consequence of this Part.
Where an offence under this Part or under regulations made under it—
is committed with the consent or connivance of a relevant person in
relation to the body, or a person purporting to act in the capacity of
a relevant person in relation to the body, or
is attributable to neglect on the part of such a person,
the person (as well as the body) commits the offence and is liable to be proceeded against and punished accordingly.
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.
It is the duty of an enforcement authority to enforce within its area the
provisions of this Part.
In this Part “enforcement authority” means—
in relation to England and Wales, local weights and measures
authorities,
in relation to Scotland, local weights and measures authorities, and
in relation to Northern Ireland, district councils.
The appropriate national authority may direct that, in relation to cases of a
particular description or in a particular case, the duty imposed on an
enforcement authority by section
128
is to be discharged by the appropriate
national authority and not by the enforcement authority.
In subsection (1) “appropriate national authority”—
in relation to the giving of a direction to an enforcement authority in
England, means the Secretary of State,
in relation to the giving of a direction to an enforcement authority in
Wales, means the Welsh Ministers,
in relation to the giving of a direction to an enforcement authority in
Scotland, means the Scottish Ministers, and
in relation to the giving of a direction to an enforcement authority in
Northern Ireland, means the Department of Health in Northern Ireland.
The Secretary of State may take over the conduct of any proceedings from
an enforcement authority in England in respect of an offence committed under
this Part.
The Welsh Ministers may take over the conduct of any proceedings from an
enforcement authority in Wales in respect of an offence committed under this
Part.
The Department of Health in Northern Ireland may take over the conduct of
any proceedings from an enforcement authority in Northern Ireland in respect
of an offence committed under this Part.
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.”
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 device of a specified description which enables a tobacco product
to be consumed (for example, a heated tobacco device or pipe);
an item which is intended to form part of such a device.
Before making regulations under this section the Secretary of State must
consult any persons the Secretary of State considers it appropriate to consult.
Before making regulations under this section the Secretary of State must obtain
the consent of—
the Welsh Ministers, if the regulations contain provision which would
be within the legislative competence of Senedd Cymru if contained
in an Act of the Senedd;
the Scottish Ministers, if the regulations contain provision which would
be within the legislative competence of the Scottish Parliament if
contained in an Act of the Scottish Parliament;
the Department of Health in Northern Ireland, if the regulations contain
provision which—
would be within the legislative competence of the Northern
Ireland Assembly if contained in an Act of the Assembly, and
would not, if it were contained in a Bill for an Act of the
Northern Ireland Assembly, result in the Bill requiring the
consent of the Secretary of State under section 8 of the Northern
Ireland Act 1998.
Regulations under this section are subject to the affirmative resolution
procedure.
This Part and regulations made under it bind the Crown.
Nothing in
this Part
or regulations made under it makes the Crown criminally
liable.
The High Court in England and Wales or Northern Ireland, or the Court of
Session in Scotland, may declare unlawful any act or omission for which the
Crown would be criminally liable if it were not for
subsection (2)
.
The power of the Court of Session to make a declaration under subsection (3) may only be made on an application by—
the Scottish Ministers, or
a local weights and measures authority in Scotland.
Subsection (2)
does not affect the criminal liability of persons in the service
of the Crown.
In this Part—
“
cigarette papers” has the meaning given by section
111
;
“
distributes” includes making available;
“
herbal smoking product” has the meaning given by section
111
;
“
nicotine product” has the meaning given by section
112
;
“
tobacco product” has the meaning given by section
111
;
“
vaping product” has the meaning given by section
111
.
The Health Act 2006 is amended as follows.
“4 Additional smoke-free places
(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.”
In section 5 (vehicles)—
“(d)
for exceptions, which may be framed by reference to
the designation by a person of areas which are not smoke-free.”;
“(3A)
Before making regulations under this section the Secretary of
State must consult any persons the Secretary of State considers it appropriate to consult.”
In the Health Act 2006—
in section 3, omit subsections (5) and (8) (power to exempt premises
by references to performers);
in section 6, in subsection (9) omit from “(and references” to the end;
in section 7—
in subsection (1), in paragraph (a) omit “(including premises
which” to the end;
“(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.”
in subsection (5), for “in subsection” substitute “under or by
virtue of subsection (3) or”;
in section 8—
omit subsection (2);
“(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.”;
in subsection (6), after “subsection (5)” insert “or (5A) ”;
in subsection (8) omit from “(and references” to the end;
Regulation 6 of the Smoke-free (Exemptions and Vehicles) Regulations (S.I.
2007/765) is revoked.
Section 6 of the Health Act 2006 (no-smoking signs) is amended as follows.
“(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.”
“(2A)
Regulations under subsection (2) may, in particular, include any
provision that may be made by regulations under subsection (1).”
Omit subsections (3) and (4).
The Health Act 2006 is amended as follows.
“Chapter 1A Vape-free places in England
8A Introduction
This Chapter makes provision for the prohibition of the use of certain vapes in places and vehicles in England that are designated vape-free under section 8B .
8B Vape-free places and vehicles
(1)
The Secretary of State may make regulations designating places or
vehicles in England as vape-free.(2)
Only smoke-free places may be designated as vape-free.
(3)
The regulations may, in particular—
(a)
provide for places or vehicles to be vape-free, in specified
circumstances, at specified times or if specified conditions are satisfied (or any combination of those);(b)
provide for exceptions, which may be framed by reference to
the designation by a person of areas which are not vape-free.(4)
The regulations may, in particular, frame the circumstances in which
a vehicle is vape-free by reference to—(a)
whether a person under the age of 18 is present;
(b)
its location.
(5)
The power to make regulations under this section is not exercisable
in relation to—(a)
any ship or hovercraft in relation to which regulations could
be made under section 85 of the Merchant Shipping Act 1995 (safety and health on ships), including that section as applied by any Order in Council under section 1(1)(h) of the Hovercraft Act 1968, or(b)
persons on any such ship or hovercraft.
(6)
Before making regulations under this section the Secretary of State
must consult any persons the Secretary of State considers it appropriate to consult.(7)
References in this Part, however expressed, to places or vehicles that
are vape-free, are to places or vehicles so far as they are vape-free by virtue of regulations under this section.(8)
In this section “smoke-free place” has the meaning given by section
7(1).8C Offence of vaping in vape-free places or vehicles
(1)
A person who uses a relevant vape in a vape-free place or vehicle
commits an offence.(2)
It is a defence for a person charged with an offence under this section
to show that they did not know, and could not reasonably have been expected to know, that it was a vape-free place or vehicle.(3)
The Secretary of State may by regulations create defences to the offence
under this section for the purpose of allowing a performer to use a vape during a performance where that is justified in order to preserve the artistic integrity of the performance.(4)
If a person charged with an offence under this section relies on a
defence under or by virtue of subsection (2) or (3) , and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.(5)
A person guilty of an offence under this section is liable on summary
conviction to fine not exceeding level 1 on the standard scale.(6)
In this Part “relevant vape” means a vape that is not a heated tobacco
device.8D Offence of failing to prevent vaping
(1)
A person who controls or is concerned in the management of a
vape-free place must cause a person using a relevant vape there to stop using the vape.(2)
The driver of a vape-free vehicle, and any other person specified in
regulations made by the Secretary of State, must cause a person using a relevant vape in the vehicle to stop using the vape.(3)
(4)
It is a defence for a person charged with an offence under subsection (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)
The Secretary of State may by regulations create defences to the offence
under subsection (3) for the purpose of allowing a performer to use a vape during a performance where that is justified in order to preserve the artistic integrity of the performance.(6)
If a person charged with an offence under this section relies on a
defence under or by virtue of subsection (4) or (5) , and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.(7)
A person guilty of an offence under this section is liable on summary
conviction to a fine not exceeding level 4 on the standard scale.8E No-vaping signs
(1)
A person who occupies or is concerned in the management of a
vape-free place must make sure that no-vaping signs are displayed in or near that place in accordance with any requirements imposed by regulations made by the Secretary of State for the purposes of this subsection.(2)
A person who has management responsibilities for a vape-free vehicle
must make sure that no-vaping signs are displayed in that vehicle in accordance with any requirements imposed by regulations made by the Secretary of State for the purposes of this subsection.(3)
(a)
the content or appearance of a sign (for example, requirements
as to its size, design, colour, or wording);(b)
how and where signs are to be displayed.
(4)
The Secretary of State may by regulations create exceptions to the duty
in subsection (2) .(5)
(6)
It is a defence for a person charged with an offence under subsection (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 section were not being displayed in accordance with the requirements of this section, or(c)
that on other grounds it was reasonable for them not to comply
with the duty.(7)
If a person charged with an offence under subsection (5) relies on a
defence in subsection (6) , and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.(8)
A person guilty of an offence under subsection (5) is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.”
Sections 9 to 11 (and the italic heading before section 9) become a new Chapter
1C of Part 1, with the heading “Enforcement”.
Section 12 becomes a new Chapter 1D of Part 1, with the heading “General”.
The Health Act 2006 is amended as follows.
“Chapter 1B Heated tobacco-free places in England
8F Introduction
This Chapter makes provision for the prohibition of the use of heated tobacco devices in places and vehicles in England that are designated heated tobacco-free under section 8G .
8G Heated tobacco-free places and vehicles
(1)
The Secretary of State may make regulations designating places or
vehicles in England as heated tobacco-free.(2)
Only smoke-free places may be designated as heated tobacco-free.
(3)
The regulations may, in particular—
(a)
provide for places or vehicles to be heated tobacco-free, in
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)
The power to make regulations under this section is not exercisable
in relation to—(a)
any ship or hovercraft in relation to which regulations could
be made under section 85 of the Merchant Shipping Act 1995 (safety and health on ships), including that section as applied by any Order in Council under section 1(1)(h) of the Hovercraft Act 1968, or(b)
persons on any such ship or hovercraft.
(6)
Before making regulations under this section the Secretary of State
must consult any persons the Secretary of State considers it appropriate to consult.(7)
References in this Part, however expressed, to places or vehicles that
are heated tobacco-free, are to places or vehicles so far as they are heated tobacco-free by virtue of regulations under this section.(8)
In this section “smoke-free place” has the meaning given by section
7(1).8H Offence of using a heated tobacco device
(1)
A person who uses a heated tobacco device in a heated tobacco-free
place or vehicle commits an offence.(2)
It is a defence for a person charged with an offence under this section
to show that they did not know, and could not reasonably have been expected to know, that it was a heated tobacco-free place or vehicle.(3)
The Secretary of State may by regulations create defences to the offence
under this section for the purpose of allowing a performer to use a heated tobacco device during a performance where that is justified in order to preserve the artistic integrity of the performance.(4)
If a person charged with an offence under this section relies on the
defence under or by virtue of subsection (2) or (3) , and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.(5)
A person guilty of an offence under this section is liable on summary
conviction to fine not exceeding level 1 on the standard scale.8I Offence of failing to prevent use of heated tobacco device
(1)
A person who controls or is concerned in the management of a heated
tobacco-free place must cause a person using a heated tobacco device there to stop using the device.(2)
The driver of a heated tobacco-free vehicle, and any other person
specified in regulations made by the Secretary of State, must cause a person using a heated tobacco device in the vehicle to stop using the device.(3)
(4)
It is a defence for a person charged with an offence under subsection (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)
The Secretary of State may by regulations create defences to the offence
under subsection (3) for the purpose of allowing a performer to use a heated tobacco device during a performance where that is justified in order to preserve the artistic integrity of the performance.(6)
If a person charged with an offence under this section relies on a
defence under or by virtue of subsection (4) or (5) , and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.(7)
A person guilty of an offence under this section is liable on summary
conviction to a fine not exceeding level 4 on the standard scale.8J Heated tobacco-free places and vehicles: signs
(1)
A person who occupies or is concerned in the management of a heated
tobacco-free place must make sure that signs are displayed in or near that place in accordance with any requirements imposed by regulations made by the Secretary of State for the purposes of this subsection.(2)
A person who has management responsibilities for a heated
tobacco-free vehicle must to make sure that signs are displayed in that vehicle in accordance with any requirements imposed by regulations made by the Secretary of State for the purposes of this subsection.(3)
The signs must indicate that the use of heated tobacco devices is
prohibited in the place or vehicle.(4)
(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)
The Secretary of State may by regulations create exceptions to the duty
in subsection (2) .(6)
(7)
It is a defence for a person charged with an offence under subsection (6) to show—
(a)
that they did not know, and could not reasonably have been
expected to know, that the place or vehicle was heated tobacco-free, or(b)
that they did not know, and could not reasonably have been
expected to know, that signs complying with the requirements of this section were not being displayed in accordance with the requirements of this section, or(c)
that on other grounds it was reasonable for them not to comply
with the duty.(8)
If a person charged with an offence under subsection (6) relies on a
defence in subsection (7) , and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.(9)
A person guilty of an offence under subsection (6) is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.”
In the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13)—
in section 4 (meaning of “no-smoking premises” etc), for subsections In this Part, “no-smoking premises” means such premises as Premises other than vehicles may be prescribed as no-smoking wholly or substantially enclosed, workplaces, or open to the public. If premises that are not wholly or substantially enclosed are The power to prescribe no-smoking premises may not be used Regulations prescribing premises as no smoking-premises may, provide for them to be no-smoking premises, in provide for exceptions, which may be framed by The Scottish Ministers must consult such persons as they In this section—
“
“
“
“
“ a place of work used by more than one person a place of work where members of the public
(2) to (9) substitute—
“(2)
are prescribed by regulations made by the Scottish Ministers.
(3)
premises only if they are—
(a)
(b)
(c)
(4)
used as a place of work, or open to the public, only some of
the time, regulations prescribing them as no-smoking premises
must provide for them to be no-smoking premises only when
so used.
(5)
to prescribe a ship or hovercraft in relation to which regulations
could be made under section 85 of the Merchant Shipping Act
1995 (safety and health on ships), including that section as
applied by any Order in Council under section 1(1)(h) of the
Hovercraft Act 1968.
(6)
in particular—
(a)
specified circumstances, at specified times or if specified
conditions are satisfied (or any combination of those);
(b)
reference to the designation by a person of areas in
which smoking is permitted.
(7)
consider appropriate before making any regulations under this
section.
(8)
(9)
open to the public”: premises are open to the public if
the public or a section of the public has access to them,
whether by invitation or not, and whether on payment
or not;
premises” includes any place, including a moveable
structure or vehicle, other than an aircraft;
vehicle” means every type of vehicle, including a vessel;
work” includes voluntary work;
workplace” means—
(a)
(even if the persons who work there do so at
different times, or only intermittently), or
(b)
might attend for the purpose of seeking or
receiving goods or services from the person or
persons working there (even if members of the
public are not always present).”;
omit sections 4A to 4D (provision about smoking outside hospitals).
In regulation 3 of the Prohibition of Smoking in Certain Premises (Scotland)
Regulations 2006 (S.S.I. 2006/90) (“no-smoking premises”)—
in paragraph (1), for the words from “the premises or classes of specified in Schedule 1 to these Regulations, and wholly or substantially enclosed,
subject to paragraph (2).”;
premises specified” to the end substitute “premises or classes of
premises that are—
(a)
(b)
“(2)
But “no smoking-premises” does not include anything specified
in Schedule 2 to these Regulations.”;
in paragraph (3)—
for the words before
paragraph (a)
substitute “In this
regulation”;
omit paragraph (a) ;
omit paragraph (f).
The Smoking, Health and Social Care (Scotland) Act 2005 (asp 13) is amended
as follows.
“3 No-smoking signs
(1)
A person who has management or control of no-smoking premises
must make sure that no-smoking signs are displayed in or near those premises in accordance with any requirements imposed by regulations made by the Scottish Ministers for the purposes of this subsection.(2)
The regulations may, in particular, impose requirements about—
(a)
the content or appearance of a sign (for example, requirements
as to its size, design, colour, or wording);(b)
how and where signs are to be displayed.
(3)
The Scottish Ministers may by regulations create exceptions to
subsection (1) .(4)
A person who fails to comply with the duty in subsection (1) commits
an offence.(5)
It is a defence for an accused charged with an offence under this
section to prove that the accused (or any employee or agent of the accused) took all reasonable precautions and exercised all due diligence not to commit the offence.(6)
A person guilty of an offence under subsection (4) is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.”
In section 40 (regulations or orders), in subsection (3), for “ 3(3)” substitute
“3”.
The Smoking, Health and Social Care (Scotland) Act 2005 (asp 3) is amended
as follows.
For the heading of Part 1 substitute “Smoking, vaping and similar activities”.
Sections 1 to 4 become a new Chapter 1 of Part 1, with the heading “Smoking:
prohibition and control”.
“Chapter 2 Vaping: prohibition and control
4E Offence of permitting others to vape in vape-free premises
(1)
A person who, having the management or control of vape-free
premises, knowingly permits another to use a relevant vape there commits an offence.(2)
A person accused of an offence under this section is to be regarded
as having knowingly permitted another to use a relevant vape in vape-free premises if that person ought to have known that the other person was using a vape there.(3)
It is a defence for an accused charged with an offence under this
section to prove—(a)
that the accused (or any employee or agent of the accused)
took all reasonable precautions and exercised all due diligence not to commit the offence; or(b)
that there were no lawful and reasonably practicable means
by which the accused could prevent the other person from using a relevant vape in the vape-free premises.(4)
It is a defence for a person charged with an offence under this section
to show—(a)
that the person permitted to use the vape was using it when
performing in a performance,(b)
that the use of the vape was justified to preserve the artistic
integrity of the performance, and(c)
that the vape was not being used to vaporise a substance
containing nicotine.(5)
A person guilty of an offence under this section is liable, on summary
conviction, to a fine not exceeding level 4 on the standard scale.(6)
In this Part “relevant vape” means a vape that is not a heated tobacco
device.4F Offence of vaping in vape-free premises
(1)
A person who uses a relevant vape in vape-free premises commits an
offence.(2)
It is a defence for an accused charged with an offence under this
section to prove—(a)
that the accused did not know, and could not reasonably be
expected to have known, that the place in which it is alleged that the accused was using a relevant vape was vape-free premises, or(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)
A person guilty of an offence under this section is liable, on summary
conviction, to a fine not exceeding level 3 on the standard scale.4G No-vaping signs
(1)
A person who has management or control of vape-free premises must
make sure that no-vaping signs are displayed in or near those premises in accordance with any requirements imposed by regulations made by the Scottish Ministers for the purposes of this subsection.(2)
The regulations may, in particular, impose requirements about—
(a)
the content or appearance of a sign (for example, requirements
as to its size, design, colour, or wording);(b)
how and where signs are to be displayed.
(3)
The Scottish Ministers may by regulations create exceptions to the
duty in subsection (1) .(4)
A person who fails to comply with the duty in subsection (1) commits
an offence.(5)
It is a defence for an accused charged with an offence under this
section to prove that the accused (or any employee or agent of the accused) took all reasonable precautions and exercised all due diligence not to commit the offence.(6)
A person guilty of an offence under subsection (4) is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.4H Vape-free premises
(1)
In this Part “vape-free premises” means such premises as are prescribed
by regulations made by the Scottish Ministers as vape-free.(2)
Only no-smoking places may be prescribed as vape-free.
(3)
The power to prescribe premises as vape-free may not be used to
prescribe a ship or hovercraft in relation to which regulations could be made under section 85 of the Merchant Shipping Act 1995 (safety and health on ships), including that section as applied by any Order in Council under section 1(1)(h) of the Hovercraft Act 1968.(4)
Regulations prescribing premises as vape-free may, in particular—
(a)
provide for them to be vape-free, in specified circumstances,
at specified times or if specified conditions are satisfied (or any combination of those);(b)
provide for exceptions, which may be framed by reference to
the designation by a person of areas which are not vape-free.(5)
The Scottish Ministers must consult such persons as they consider
appropriate before making any regulations under this section.(6)
In this section—
“
no-smoking place” means—(a)
no smoking premises (within the meaning of section
4(2)), and(b)
a vehicle smoking in which is an offence under the
Smoking Prohibition (Children in Motor Vehicles) (Scotland) Act 2016;“
premises” has the meaning given by section 4 (9) .”
Sections 5 to 10 become a new Chapter 4 of Part 1, with the heading
“Enforcement and general”.
The Smoking, Health and Social Care (Scotland) Act 2005 (asp 3) is amended
as follows.
“Chapter 3 Use of heated tobacco devices: prohibition and control
4I Offence of permitting breaches in heated tobacco-free premises
(1)
A person who, having the management or control of heated
tobacco-free premises, knowingly permits another to use a heated tobacco device there commits an offence.(2)
A person accused of an offence under this section is to be regarded
as having knowingly permitted another to use a heated tobacco device in heated tobacco-free premises if that person ought to have known that the other person was using a heated tobacco device there.(3)
It is a defence for an accused charged with an offence under this
section to prove—(a)
that the accused (or any employee or agent of the accused)
took all reasonable precautions and exercised all due diligence not to commit the offence; or(b)
that there were no lawful and reasonably practicable means
by which the accused could prevent the other person from using a heated tobacco device in the heated tobacco-free premises.(4)
A person guilty of an offence under this section is liable, on summary
conviction, to a fine not exceeding level 4 on the standard scale.4J Offence of using heated tobacco device
(1)
A person who uses a heated tobacco device in heated tobacco-free
premises commits an offence.(2)
It is a defence for an accused charged with an offence under this
section to prove that the accused did not know, and could not reasonably be expected to have known, that the place in which it is alleged that the accused was using a heated tobacco device was heated tobacco-free premises.(3)
A person guilty of an offence under this section is liable, on summary
conviction, to a fine not exceeding level 3 on the standard scale.4K Heated tobacco-free premises: signs
(1)
A person who occupies or is concerned in the management of heated
tobacco-free premises must make sure that signs are displayed in or near those premises in accordance with any requirements imposed by regulations made by the Scottish Ministers for the purposes of this subsection.(2)
The signs must indicate that the use of heated tobacco devices is
prohibited in the premises.(3)
Regulations under subsection (1) may, in particular, impose
requirements about—(a)
the content or appearance of a sign (for example, requirements
as to its size, design, colour, or wording);(b)
how and where signs are to be displayed.
(4)
The Scottish Ministers may by regulations create exceptions to the
duty in subsection (1) .(5)
A person who fails to comply with the duty in subsection (1) commits
an offence.(6)
It is a defence for an accused charged with an offence under this
section to prove that the accused (or any employee or agent of the accused) took all reasonable precautions and exercised all due diligence not to commit the offence.(7)
A person guilty of an offence under this section is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.4L Heated tobacco-free premises
(1)
In this Part “heated tobacco-free premises” means such premises as
are prescribed by regulations made by the Scottish Ministers as heated tobacco-free.(2)
Only no-smoking places may be prescribed as heated tobacco-free.
(3)
The power to prescribe premises as heated tobacco-free premises may
not be used to prescribe a ship or hovercraft in relation to which regulations could be made under section 85 of the Merchant Shipping Act 1995 (safety and health on ships), including that section as applied by any Order in Council under section 1(1)(h) of the Hovercraft Act 1968.(4)
Regulations prescribing premises as heated tobacco-free may, in
particular—(a)
provide for them 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.(5)
The Scottish Ministers must consult such persons as they consider
appropriate before making any regulations under this section.(6)
In this section—
“
no-smoking place” means—(a)
no smoking premises (within the meaning of section
4(2)), and(b)
a vehicle smoking in which is an offence under the
Smoking Prohibition (Children in Motor Vehicles) (Scotland) Act 2016;“
premises” has the meaning given by section 4 (9) .”
The Public Health (Wales) Act 2017 (anaw 2) is amended as follows.
In the Welsh language text of section 13 (additional smoke-free places), after Cyn gwneud rheoliadau o dan yr adran hon, rhaid i Weinidogion
subsection (7) insert—
“(8)
Cymru ymgynghori ag unrhyw bersonau y mae Gweinidogion Cymru
yn ystyried ei bod yn briodol ymgynghori â hwy.”
In the English language text of section 13 (additional smoke-free places), after Before making regulations under this section, the Welsh Ministers
subsection (7) insert—
“(8)
must consult any persons the Welsh Ministers consider it appropriate
to consult.”
In the Welsh language text of section 15 (smoke-free vehicles), after subsection Cyn gwneud rheoliadau o dan yr adran hon, rhaid i Weinidogion
(5) insert—
“(6)
Cymru ymgynghori ag unrhyw bersonau y mae Gweinidogion Cymru
yn ystyried ei bod yn briodol ymgynghori â hwy.”
In the English language text of section 15 (smoke-free vehicles), after subsection Before making regulations under this section, the Welsh Ministers
(5) insert—
“(6)
must consult any persons the Welsh Ministers consider it appropriate
to consult.”
The Public Health (Wales) Act 2017 (anaw 2) is amended as follows.
In the Welsh language text of section 15 (smoke-free vehicles), in subsection ar gyfer eithriadau, y gellir eu llunio drwy gyfeirio at y
(3), for paragraph (d) substitute—
“(d)
dynodiad gan berson o ardaloedd nad ydynt yn ddi-fwg.”
In the English language text of section 15 (smoke-free vehicles), in subsection for exceptions, which may be framed by reference to the
(3), for paragraph (d) substitute—
“(d)
designation by a person of areas which are not smoke-free.”
Section 17 of the Public Health (Wales) Act 2017 (anaw 2) (no-smoking signs)
is amended as follows.
In the Welsh language text—
“(1)
Rhaid i berson sy’n meddiannu mangre ddi-fwg neu sy’n
ymwneud â rheoli mangre ddi-fwg sicrhau bod arwyddion dim ysmygu yn cael eu harddangos yn y fangre honno neu’n agos ati yn unol ag unrhyw ofynion a osodir gan reoliadau.(2)
Caiff y rheoliadau, ymhlith pethau eraill, osod gofynion
ynghylch—(a)
cynnwys neu ymddangosiad arwydd (er enghraifft,
gofynion o ran ei faint, ei ddyluniad, ei liw neu ei eiriad);(b)
sut a ble y mae arwyddion i gael eu harddangos.”
“(3A)
Caiff rheoliadau o dan is-adran (3), ymhlith pethau eraill,
gynnwys unrhyw ddarpariaeth y caniateir ei gwneud gan reoliadau o dan is-adran (1).”
In the English language text—
“(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.(2)
The regulations may, among other things, 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.”
“(3A)
Regulations under subsection (3) may, among other things,
include any provision that may be made by regulations under subsection (1).”
The Public Health (Wales) Act 2017 (anaw 2) is amended as follows.
“PENNOD 1A Fepio
17B Mannau a cherbydau di-fêp
(1)
Caiff rheoliadau ddynodi mannau neu gerbydau yng Nghymru yn
ddi-fêp.(2)
Dim ond mangreoedd di-fwg neu cherbydau di-fwg y caniateir eu
dynodi’n ddi-fêp.(3)
Caiff y rheoliadau, ymhlith pethau eraill—
(a)
darparu i fannau neu gerbydau fod yn ddi-fêp, o dan
amgylchiadau penodedig, ar adegau penodedig neu os yw amodau pendodedig wedi eu bodloni (neu unrhyw gyfuniad o’r rhain);(b)
darparu ar gyfer eithriadau, y gellir eu llunio drwy gyfeirio at
y dynodiad gan berson o ardaloedd nad ydynt yn ddi-fêp.(4)
Caiff y rheoliadau, yn benodol, lunio’r amgylchiadau lle mae cerbyd
yn ddi-fêp drwy gyfeirio at—(a)
a oes person o dan 18 oed yn bresennol;
(b)
ei leoliad.
(5)
Nid yw’r pŵer i wneud rheoliadau o dan yr adran hon yn arferadwy
mewn perthynas ag—(a)
awyren,
(b)
hofrenfad, nac
(c)
llong y gellid gwneud rheoliadau mewn perthynas â hi o dan
adran 85 o Ddeddf Llongau Masnach 1995 (diogelwch ac iechyd ar longau).(6)
Cyn gwneud rheoliadau o dan yr adran hon, rhaid i Weinidogion
Cymru ymgynghori ag unrhyw bersonau y mae Gweinidogion Cymru yn ystyried ei bod yn briodol ymgynghori â hwy.(7)
Yn yr adran hon—
mae i “cerbyd di-fwg” (“smoke-free vehicle”) yr un ystyr ag ym Mhennod 1 (gweler adran 15);
mae i “mangre di-fwg” (“smoke-free premises”) yr un ystyr ag ym Mhennod 1 (gweler adrannau 7 i 14).
17C Y drosedd o fepio mewn mannau neu gerbydau di-fêp
(1)
Mae person yn cyflawni trosedd os yw’r person yn defnyddio fêp
perthnasol—(a)
mewn man di-fêp;
(b)
mewn cerbyd di-fêp.
(2)
Mae’n amddiffyniad i berson sydd wedi ei gyhuddo o drosedd o dan
yr adran hon—(a)
dangos nad oedd y person yn gwybod, ac na ellid bod wedi
disgwyl yn rhesymol iddo wybod, fod y man neu’r cerbyd o dan sylw yn fan di-fêp neu’n gerbyd di-fêp, neu(b)
dangos—
(i)
bod y person a oedd yn defnyddio’r fêp yn ei
ddefnyddio wrth berfformio mewn perfformiad,(ii)
bod cyfiawnhad i’r defnydd o’r fêp i gynnal uniondeb
artistig y perfformiad, a(iii)
nad oedd y fêp yn cael ei ddefnyddio i anweddu
sylwedd yn cynnwys nicotin.(3)
Os yw person sydd wedi ei gyhuddo o drosedd o dan yr adran hon
yn dibynnu ar amddiffyniad yn is-adran (2), ac y dygir tystiolaeth sy’n ddigonol i godi mater mewn cysylltiad â’r amddiffyniad hwnnw, rhaid i’r llys gymryd bod yr amddiffyniad wedi ei fodloni oni bai bod yr erlyniad yn profi y tu hwnt i amheuaeth resymol nad yw wedi ei fodloni.(4)
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 1 ar y raddfa safonol.(5)
Yn y Bennod hon, ystyr “fêp perthnasol” yw fêp nad yw’n ddyfais
cynhesu tybaco.17D Y drosedd o fethu ag atal fepio
(1)
Rhaid i berson a chanddo reolaeth dros fan sy’n ddi-fêp neu sy’n
ymwneud â rheoli man sy’n ddi-fêp gymryd camau rhesymol i beri i berson sy’n defnyddio fêp perthnasol yno beidio â defnyddio’r fêp.(2)
Rhaid i yrrwr cerbyd di-fêp, ac unrhyw berson arall a bennir mewn
rheoliadau, gymryd camau rhesymol i beri i berson sy’n defnyddio fêp perthnasol yn y cerbyd beidio â defnyddio’r fêp.(3)
Mae person sy’n methu â chydymffurfio â’r ddyletswydd yn is-adran
(1) neu (2) yn cyflawni trosedd.(4)
Mae’n amddiffyniad i berson sydd wedi ei gyhuddo o drosedd o dan
yr adran hon ddangos nad oedd yn gwybod, ac na ellid bod wedi disgwyl yn rhesymol iddo wybod, fod y person o dan sylw yn defnyddio fêp.(5)
Mae’n amddiffyniad i berson sydd wedi ei gyhuddo o drosedd o dan
yr adran hon ddangos—(a)
bod y person a oedd yn defnyddio’r fêp yn ei ddefnyddio wrth
berfformio mewn perfformiad,(b)
bod cyfiawnhad i’r defnydd o’r fêp i gynnal uniondeb artistig
y perfformiad, ac(c)
nad oedd y fêp yn cael ei ddefnyddio i anweddu sylwedd yn
cynnwys nicotin.(6)
Os yw person sydd wedi ei gyhuddo o drosedd o dan yr adran hon
yn dibynnu ar yr amddiffyniad yn is-adran (4) neu (5), ac y dygir tystiolaeth sy’n ddigonol i godi mater mewn cysylltiad â’r amddiffyniad hwnnw, rhaid i’r llys gymryd bod yr amddiffyniad wedi ei fodloni oni bai bod yr erlyniad yn profi y tu hwnt i amheuaeth resymol nad yw wedi ei fodloni.(7)
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.17E Arwyddion: mannau a cherbydau di-fêp
(1)
Rhaid i berson sy’n meddiannu man di-fêp neu sy’n ymwneud â rheoli
man di-fêp sicrhau bod arwyddion dim fepio yn cael eu harddangos yn y man hwnnw neu’n agos ato yn unol ag unrhyw ofynion a osodir gan reoliadau.(2)
Rhaid i berson sydd â chyfrifoldebau rheoli am gerbyd di-fêp sicrhau
bod arwyddion dim fepio yn cael eu harddangos yn y cerbyd hwnnw yn unol ag unrhyw ofynion a osodir gan reoliadau.(3)
Caiff rheoliadau o dan is-adran (1) neu (2) , ymhlith pethau eraill, osod
gofynion ynghylch—(a)
cynnwys neu ymddangosiad arwydd (er enghraifft, gofynion
o ran ei faint, ei ddyluniad, ei liw neu ei eiriad);(b)
sut a ble y mae arwyddion i gael eu harddangos.
(4)
Caiff rheoliadau greu eithriadau i'r ddyletswydd yn is-adran (2) .
(5)
Mae person sy’n methu â chydymffurfio â’r ddyletswydd yn is-adran
(1) neu (2) yn cyflawni trosedd.(6)
Mae’n amddiffyniad i berson sydd wedi ei gyhuddo o drosedd o dan
yr adran hon ddangos—(a)
nad oedd y person yn gwybod, ac na ellid bod wedi disgwyl
yn rhesymol iddo wybod, fod y man neu’r cerbyd yn ddi-fêp,(b)
nad oedd y person yn gwybod, ac na ellid bod wedi disgwyl
yn rhesymol iddo wybod, nad oedd arwyddion sy’n cydymffurfio â gofynion yr adran hon yn cael eu harddangos yn unol â gofynion yr adran hon, neu(c)
ei bod, ar seiliau eraill, yn rhesymol i’r person beidio â
chydymffurfio â’r ddyletswydd.(7)
Os yw person sydd wedi ei gyhuddo o drosedd o dan yr adran hon
yn dibynnu ar amddiffyniad yn is-adran (6), ac y dygir tystiolaeth sy’n ddigonol i godi mater mewn cysylltiad â’r amddiffyniad hwnnw, rhaid i’r llys gymryd bod yr amddiffyniad wedi ei fodloni oni bai bod yr erlyniad yn profi y tu hwnt i amheuaeth resymol nad yw wedi ei fodloni.(8)
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 3 ar y raddfa safonol.(9)
Nid yw’r adran hon yn gymwys mewn cysylltiad ag unrhyw fangre
a ddefnyddir i unrhyw raddau fel annedd.17F Dehongli’r Bennod hon
Yn y Bennod hon—
mae i “anweddu” yr ystyr a roddir i “vaporises” gan adran 47 o Ddeddf Tybaco a Fêps 2024;
ystyr “dyfais cynhesu tybaco” (“heated tobacco device”) yw dyfais sy’n cynhesu tybaco i gynhyrchu anwedd neu erosol at ddiben mewnanadlu drwy ddarn a roddir yn y geg (pa un a yw hefyd yn gallu cynhesu sylwedd arall i gynhyrchu anwedd neu erosol ai peidio);
mae i “fêp” yr ystyr a roddir i “vape” gan adran 47 o Ddeddf Tybaco a Fêps 2024;
mae “perfformiad” (“performance”) yn cynnwys—
(a)
perfformio drama neu berfformiad a roddir mewn
cysylltiad â gwneud ffilm neu raglen deledu, a(b)
ymarfer.”
In the English language text, before section 18 (enforcement authorities) Regulations may designate places or vehicles in Wales as vape-free. Only smoke-free premises or smoke-free vehicles may be designated The regulations may, among other things— provide for places or vehicles to be vape-free, in specified provide for exceptions, which may be framed by reference to The regulations may, in particular, frame the circumstances in which whether a person under the age of 18 is present; its location. The power to make regulations under this section is not exercisable an aircraft, a hovercraft, or a ship in relation to which regulations could be made under Before making regulations under this section the Welsh Ministers must In this section—
“
“ A person commits an offence if the person uses a relevant vape— in a vape-free place; in a vape-free vehicle. It is a defence for a person charged with an offence under this section that the person did not know, and could not reasonably have that— the person using the vape was using it when performing that the use of the vape was justified to preserve the that the vape was not being used to vaporise a If a person charged with an offence under this section relies on a A person guilty of an offence under this section is liable on summary In this Chapter “relevant vape” means a vape that is not a heated A person who controls or is concerned in the management of place The driver of a vape-free vehicle, and any other person specified in It is a defence for a person charged with an offence under this section It is a defence for a person charged with an offence under this section that the person using the vape was using it when performing that the use of the vape was justified to preserve the artistic that the vape was not being used to vaporise a substance If a person charged with an offence under this section relies on the A person guilty of an offence under this section is liable on summary A person who occupies or is concerned in the management of a A person who has management responsibilities for a vape-free vehicle Regulations under subsection (1) or (2) may, among other things, the content or appearance of a sign (for example, requirements how and where signs are to be displayed. Regulations may create exceptions to the duty in subsection
(2)
. It is a defence for a person charged with an offence under this section that the person did not know, and could not reasonably have that the person did not know, and could not reasonably have that on other grounds it was reasonable for the person not to If a person charged with an offence under this section relies on a A person guilty of an offence under this section is liable on summary This section does not apply in respect of any premises used to any
In this Chapter—
“
“ the performance of a play or a performance given in a rehearsal;
“
“
insert—
“Chapter 1A
Vaping
17B
Vape-free places and vehicles
(1)
(2)
as vape-free.
(3)
(a)
circumstances, at specified times or if specified conditions are
satisfied (or any combination of those);
(b)
the designation by a person of areas which are not vape-free.
(4)
a vehicle is vape-free by reference to—
(a)
(b)
(5)
in relation to—
(a)
(b)
(c)
section 85 of the Merchant Shipping Act 1995 (safety and health
on ships).
(6)
consult any persons the Welsh Ministers consider it appropriate to
consult.
(7)
smoke-free premises” (“mangre di-fwg”) has the same meaning
as in Chapter 1 (see sections 7 to 14);
smoke-free vehicle” (“cerbyd di-fwg”) has the same meaning as
in Chapter 1 (see section 15).
17C
Offence of vaping in vape-free places or vehicles
(1)
(a)
(b)
(2)
to show—
(a)
been expected to know, that the place or vehicle concerned
was a vape-free place or a vape-free vehicle, or
(b)
(i)
in a performance,
(ii)
artistic integrity of the performance, and
(iii)
substance containing nicotine.
(3)
defence in subsection
(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)
conviction to a fine not exceeding level 1 on the standard scale.
(5)
tobacco device.
17D
Offence of failing to prevent vaping
(1)
that is vape-free must take reasonable steps to cause a person using
a relevant vape there to stop using the vape.
(2)
regulations, must take reasonable steps to cause a person using a
relevant vape in the vehicle to stop using the vape.
(3)
(4)
to show that they did not know, and could not reasonably have been
expected to know, that the person in question was using a vape.
(5)
to show—
(a)
in a performance,
(b)
integrity of the performance, and
(c)
containing nicotine.
(6)
defence in subsection
(4)
or
(5)
, and evidence is adduced which is
sufficient to raise an issue with respect to that defence, the court must
assume that the defence is satisfied unless the prosecution proves
beyond reasonable doubt that it is not.
(7)
conviction to a fine not exceeding level 4 on the standard scale.
17E
Signs: vape-free places and vehicles
(1)
vape-free place must make sure that no-vaping signs are displayed in
or near that place in accordance with any requirements imposed by
regulations.
(2)
must make sure that no-vaping signs are displayed in that vehicle in
accordance with any requirements imposed by regulations.
(3)
impose requirements about—
(a)
as to its size, design, colour, or wording);
(b)
(4)
(5)
(6)
to show—
(a)
been expected to know, that the place or vehicle was vape-free,
(b)
been expected to know, that signs complying with the
requirements of this section were not being displayed in
accordance with the requirements of this section, or
(c)
comply with the duty.
(7)
defence in subsection
(6)
, and evidence is adduced which is sufficient
to raise an issue with respect to that defence, the court must assume
that the defence is satisfied unless the prosecution proves beyond
reasonable doubt that it is not.
(8)
conviction to a fine not exceeding level 3 on the standard scale.
(9)
extent as a dwelling.
17F
Interpretation of this Chapter
heated tobacco device” (“dyfais cynhesu tybaco”) 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);
performance” (“perfformiad”) includes—
(a)
connection with the making of a film or television
programme, and
(b)
vape” (“fêp”) has the meaning given by section
47
of the Tobacco
and Vapes Act 2024;
vaporises” (“anweddu”) has the meaning given by section
47
of
the Tobacco and Vapes Act 2024.”
The Public Health (Wales) Act 2017 (anaw 2) is amended as follows.
“PENNOD 1B Defenyddio dyfeisiau cynhesu tybaco
17G Mannau a cherbydau dim tybaco wedi ei gynhesu
(1)
Caiff rheoliadau ddynodi mannau neu gerbydau yng Nghymru yn
rhai dim tybaco wedi ei gynhesu.(2)
Dim ond mangreoedd di-fwg neu cherbydau di-fwg y caniateir eu
dynodi’n rhai dim tybaco wedi ei gynhesu.(3)
Caiff y rheoliadau, ymhlith pethau eraill—
(a)
darparu i fannau neu gerbydau fod yn rhai dim tybaco wedi
ei gynhesu, o dan amgylchiadau penodedig, ar adegau penodedig neu os yw amodau penodedig wedi eu bodloni (neu unrhyw gyfuniad o’r rhain);(b)
darparu ar gyfer eithriadau, y gellir eu llunio drwy gyfeirio at
y dynodiad gan berson o ardaloedd nad ydynt yn rhai dim tybaco wedi ei gynhesu.(4)
Caiff y rheoliadau, yn benodol, lunio’r amgylchiadau lle mae cerbyd
yn un dim tybaco wedi ei gynhesu drwy gyfeirio at—(a)
a oes person o dan 18 oed yn bresennol;
(b)
ei leoliad.
(5)
Nid yw’r pŵer i wneud rheoliadau o dan yr adran hon yn arferadwy
mewn perthynas ag—(a)
awyren,
(b)
hofrenfad, nac
(c)
llong y gellid gwneud rheoliadau mewn perthynas â hi o dan
adran 85 o Ddeddf Llongau Masnach 1995 (diogelwch ac iechyd ar longau).(6)
Cyn gwneud rheoliadau o dan yr adran hon, rhaid i Weinidogion
Cymru ymgynghori ag unrhyw bersonau y mae Gweinidogion Cymru yn ystyried ei bod yn briodol ymgynghori â hwy.(7)
Yn yr adran hon—
mae i “cerbyd di-fwg” (“smoke-free vehicle”) yr un ystyr ag ym Mhennod 1 (gweler adran 15);
mae i “mangre di-fwg” (“smoke-free premises”) yr un ystyr ag ym Mhennod 1 (gweler adrannau 7 i 14).
17H Y drosedd o ddefnyddio dyfais cynhesu tybaco
(1)
Mae person yn cyflawni trosedd os yw’r person yn defnyddio dyfais
cynhesu tybaco—(a)
mewn man dim tybaco wedi ei gynhesu;
(b)
mewn cerbyd dim tybaco wedi ei gynhesu.
(2)
Mae’n amddiffyniad i berson sydd wedi ei gyhuddo o drosedd o dan
yr adran hon ddangos nad oedd y person yn gwybod, ac na ellid bod wedi disgwyl yn rhesymol iddo wybod, fod y man neu’r cerbyd o dan sylw yn fan dim tybaco wedi ei gynhesu neu’n gerbyd dim tybaco wedi ei gynhesu.(3)
Os yw person sydd wedi ei gyhuddo o drosedd o dan yr adran hon
yn dibynnu ar yr amddiffyniad yn is-adran (2), ac y dygir tystiolaeth sy’n ddigonol i godi mater mewn cysylltiad â’r amddiffyniad hwnnw, rhaid i’r llys gymryd bod yr amddiffyniad wedi ei fodloni oni bai bod yr erlyniad yn profi y tu hwnt i amheuaeth resymol nad yw wedi ei fodloni.(4)
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 1 ar y raddfa safonol.17I Y drosedd o fethu ag atal defnydd o ddyfais cynhesu tybaco
(1)
Rhaid i berson a chanddo reolaeth dros fan dim tybaco wedi ei
gynhesu neu sy’n ymwneud â rheoli man dim tybaco wedi ei gynhesu gymryd camau rhesymol i beri i berson sy’n defnyddio dyfais cynhesu tybaco yno beidio â defnyddio’r ddyfais.(2)
Rhaid i yrrwr cerbyd dim tybaco wedi ei gynhesu, ac unrhyw berson
arall a bennir mewn rheoliadau, gymryd camau rhesymol i beri i berson sy’n defnyddio dyfais cynhesu tybaco yn y cerbyd beidio â defnyddio’r ddyfais.(3)
Mae person sy’n methu â chydymffurfio â’r ddyletswydd yn is-adran
(1) neu (2) yn cyflawni trosedd.(4)
Mae’n amddiffyniad i berson sydd wedi ei gyhuddo o drosedd o dan
yr adran hon ddangos nad oedd yn gwybod, ac na ellid bod wedi disgwyl yn rhesymol iddo wybod, fod y person o dan sylw yn defnyddio dyfais cynhesu tybaco.(5)
Os yw person sydd wedi ei gyhuddo o drosedd o dan yr adran hon
yn dibynnu ar yr amddiffyniad yn is-adran (4), ac y dygir tystiolaeth sy’n ddigonol i godi mater mewn cysylltiad â’r amddiffyniad hwnnw, rhaid i’r llys gymryd bod yr amddiffyniad wedi ei fodloni oni bai bod yr erlyniad yn profi y tu hwnt i amheuaeth resymol nad yw wedi ei fodloni.(6)
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.17J Mannau a cherbydau dim tybaco wedi ei gynhesu: arwyddion
(1)
Rhaid i berson sy’n meddiannu man dim tybaco wedi ei gynhesu neu
sy’n ymwneud â rheoli man dim tybaco wedi ei gynhesu sicrhau bod arwyddion yn cael eu harddangos yn y man hwnnw neu’n agos ato yn unol ag unrhyw ofynion a osodir gan reoliadau.(2)
Rhaid i berson sydd â chyfrifoldebau rheoli am gerbyd di-gynhesu
tybaco sicrhau bod arwyddion yn cael eu harddangos yn y cerbyd hwnnw yn unol ag unrhyw ofynion a osodir gan reoliadau.(3)
Rhaid i’r arwyddion ddynodi bod y defnydd o ddyfeisiau cynhesu
tybaco wedi ei wahardd yn y man neu’r cerbyd.(4)
Caiff rheoliadau o dan is-adran (1) neu (2), ymhlith pethau eraill, osod
gofynion ynghylch—(a)
cynnwys neu ymddangosiad arwydd (er enghraifft, gofynion
o ran ei faint, ei ddyluniad, ei liw neu ei eiriad);(b)
sut a ble y mae arwyddion i gael eu harddangos.
(5)
Caiff rheoliadau greu eithriadau i'r ddyletswydd yn is-adran (2).
(6)
Mae person sy’n methu â chydymffurfio â’r ddyletswydd yn is-adran
(1) neu (2) yn cyflawni trosedd.(7)
Mae’n amddiffyniad i berson sydd wedi ei gyhuddo o drosedd o dan
yr adran hon ddangos—(a)
nad oedd y person yn gwybod, ac na ellid bod wedi disgwyl
yn rhesymol iddo wybod, fod y man neu’r cerbyd yn un dim tybaco wedi ei gynhesu,(b)
nad oedd y person yn gwybod, ac na ellid bod wedi disgwyl
yn rhesymol iddo wybod, nad oedd arwyddion sy’n cydymffurfio â gofynion yr adran hon yn cael eu harddangos yn unol â gofynion yr adran hon, neu(c)
ei bod, ar seiliau eraill, yn rhesymol i’r person beidio â
chydymffurfio â’r ddyletswydd.(8)
Os yw person sydd wedi ei gyhuddo o drosedd o dan yr adran hon
yn dibynnu ar amddiffyniad yn is-adran (7), ac y dygir tystiolaeth sy’n ddigonol i godi mater mewn cysylltiad â’r amddiffyniad hwnnw, rhaid i’r llys gymryd bod yr amddiffyniad wedi ei fodloni oni bai bod yr erlyniad yn profi y tu hwnt i amheuaeth resymol nad yw wedi ei fodloni.(9)
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 3 ar y raddfa safonol.(10)
Nid yw’r adran hon yn gymwys mewn cysylltiad ag unrhyw fangre
a ddefnyddir i unrhyw raddau fel annedd.17K “Dyfais cynhesu tybaco”
Yn y Bennod hon, ystyr “dyfais cynhesu tybaco” yw dyfais sy’n cynhesu tybaco i gynhyrchu anwedd neu erosol at ddiben mewnanadlu drwy ddarn i’w roi yn y geg (pa un a yw hefyd yn gallu cynhesu sylwedd arall i gynhyrchu anwedd neu erosol ai peidio).”
“Chapter 1B Using heated Tobacco devices
17G Heated tobacco-free places and vehicles
(1)
Regulations may designate places or vehicles in Wales as heated
tobacco-free.(2)
Only smoke-free premises or smoke-free vehicles may be designated
as heated tobacco-free.(3)
The regulations may, among other things—
(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)
The power to make regulations under this section is not exercisable
in relation to—(a)
an aircraft,
(b)
a hovercraft, or
(c)
a ship in relation to which regulations could be made under
section 85 of the Merchant Shipping Act 1995 (safety and health on ships).(6)
Before making regulations under this section the Welsh Ministers must
consult any persons the Welsh Ministers consider it appropriate to consult.(7)
In this section—
“
smoke-free premises” (“mangre di-fwg”) has the same meaning
as in Chapter 1 (see sections 7 to 14);“
smoke-free vehicle” (“cerbyd di-fwg”) has the same meaning as
in Chapter 1 (see section 15).17H Offence of using heated tobacco device
(1)
A person commits an offence if the person uses a heated tobacco
device—(a)
in a heated tobacco-free place;
(b)
in a heated tobacco-free vehicle.
(2)
It is a defence for a person charged with an offence under this section
to show that the person did not know, and could not reasonably have been expected to know, that the place or vehicle concerned was a heated tobacco-free place or a heated tobacco-free vehicle.(3)
If a person charged with an offence under this section relies on the
defence in subsection (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 section is liable on summary
conviction to a fine not exceeding level 1 on the standard scale.17I Offence of failing to prevent use of heated tobacco device
(1)
A person who controls or is concerned in the management of place
that is heated tobacco-free must take reasonable steps to 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 take reasonable steps to cause a person using a heated tobacco device in the vehicle to stop using the device.(3)
(4)
It is a defence for a person charged with an offence under this section
to show that they did not know, and could not reasonably have been expected to know, that the person in question was using a heated tobacco device.(5)
If a person charged with an offence under this section relies on the
defence in subsection (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 this section is liable on summary
conviction to a fine not exceeding level 4 on the standard scale.17J Heated tobacco-free places and vehicles: signs
(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 subsection (1) or (2) may, among other things,
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 subsection (2) .
(6)
(7)
It is a defence for a person charged with an offence under this section
to show—(a)
that the person did not know, and could not reasonably have
been expected to know, that the place or vehicle was heated tobacco-free,(b)
that the person did not know, and could not reasonably have
been expected to know, that signs complying with the requirements of this section were not being displayed in accordance with the requirements of this section, or(c)
that on other grounds it was reasonable for the person not to
comply with the duty.(8)
If a person charged with an offence under this section relies on a
defence in subsection (7) , and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.(9)
A person guilty of an offence under this section is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.(10)
This section does not apply in respect of any premises used to any
extent as a dwelling.17K “Heated tobacco device”
In this Chapter, “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).”
The Smoking (Northern Ireland) Order 2006 (S.I. 2006/2957 (N.I. 20)) is
amended as follows.
“5 Additional smoke-free places
(1)
The Department may make regulations designating as smoke-free any
place that—(a)
is a workplace, or
(b)
is open to the public,
and is not smoke-free under Article 3.
(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 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 Article the Department must
consult any persons that the Department considers it appropriate to consult.”
In Article 6 (vehicles)—
“(d)
for exceptions, which may be framed by reference to
the designation by a person of areas which are not smoke-free.”;
“(3)
Before making regulations under this Article the Department
must consult any persons the Department considers it appropriate to consult.”
Article 7 of the Smoking (Northern Ireland) Order 2006 (S.I. 2006/2957 (N.I.
20)) (no-smoking signs) is amended as follows.
“(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.(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.”
“(2A)
Regulations under paragraph (2) may, in particular, include any
provision that may be made by regulations under paragraph (1).”
Omit paragraphs (3) and (4).
The Smoking (Northern Ireland) Order 2006 (S.I. 2006/2957 (N.I. 20)) is
amended as follows.
Articles 1 and 2 become Part 1, with the heading “Introductory”, and the italic
heading before Article 1 is omitted.
Articles 3 to 9 (and the italic heading before Article 3) become Part 2, with
the heading “Smoking”.
“Part 3 Vaping
Vape-free places and vehicles
9A Vape-free places and vehicles
(1)
Regulations may designate places or vehicles as vape-free.
(2)
Only smoke-free places may be designated as vape-free.
(3)
The regulations may, in particular—
(a)
provide for places or vehicles to be vape-free, in specified
circumstances, at specified times or if specified conditions are satisfied (or any combination of those);(b)
provide for exceptions, which may be framed by reference to
the designation by a person of areas which are not vape-free.(4)
The regulations may, in particular, frame the circumstances in which
a vehicle is vape-free by reference to—(a)
whether a person under the age of 18 is present;
(b)
its location.
(5)
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 vape-free are to those places or vehicles so far as they are vape-free by virtue of regulations under this Article.(7)
In this Article “smoke-free place” has the meaning given by Article
8(1).No-vaping signs
9B No-vaping signs
(1)
A person who occupies or is concerned in the management of a
vape-free place must make sure that no-vaping signs are displayed in or near that place in accordance with any requirements imposed by regulations.(2)
A person who has management responsibilities for a vape-free vehicle
must make sure that no-vaping signs are displayed in that vehicle in accordance with any requirements imposed by regulations.(3)
(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)
(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
9C Offence of vaping in vape-free place
(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.9D Offence of failing to prevent vaping
(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)
(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.”
Articles 10 to 13 become Part 5, with the heading “Enforcement”, and the
italic heading before Article 10 is omitted.
Articles 14 to 17 (and the italic heading before Article 14) become Part 6, with
the heading “Miscellaneous and supplementary”.
In Article 15 (regulations), in paragraph (3)(a), after “6” insert “, 9A ”.
The Smoking (Northern Ireland) Order 2006 (S.I. 2006/2957 (N.I. 20)) is
amended as follows.
“Part 4 Using heated tobacco devices
Heated tobacco-free places and vehicles
9E Heated tobacco-free places and vehicles
(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
9F Heated tobacco-free places and vehicles: signs
(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)
(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)
(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
9G Offence of using heated tobacco device
(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.9H Offence of failing to prevent use of heated tobacco device
(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)
(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.”
Section 85 of the Merchant Shipping Act 1995 (safety and health on ships) is
amended as follows.
In subsection (8)—
in the words before paragraph (a)—
after “prohibition of smoking” insert “or the use of relevant
vapes or heated tobacco devices”;
for “smoking provisions” substitute “relevant provisions”;
in paragraph (a), for “smoking provisions” substitute “relevant
provisions”;
in paragraph (b), at the end insert “in relation to the relevant
provisions”;
in paragraph (c)—
after “enforcement functions” insert “in relation to the relevant
provisions”;
after “authorised officers have” insert “in relation to smoking”;
for “(which confers powers of entry, etc., on authorised officers
of enforcement authorities in relation to the enforcement of the
provisions of that Act in relation to smoking)” substitute
“(powers of entry)”;
“(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).”;
omit the words after paragraph (d).
“(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 47 of the Tobacco and
Vapes Act 2024.”
To the extent that this Act or regulations made under it would not (but for this section) apply in relation to the Parliamentary Estate, they do so apply.
Schedule 21 contains further consequential amendments.
The Secretary of State may by regulations make provision that is consequential
on this Act.
Regulations under this section may amend, repeal or revoke legislation passed
or made before, or in the same Session as, this Act (including provision made
by this Act).
Regulations under
this section
that amend, repeal or revoke primary legislation
are subject to the affirmative resolution procedure.
Any other regulations under
this section
are subject to the negative resolution
procedure.
In this section “primary legislation” means—
an Act of Parliament,
an Act of the Scottish Parliament,
an Act or Measure of Senedd Cymru, or
Northern Ireland legislation.
The Scottish Ministers may by regulations make provision that is consequential
on any of the following—
Part 2 (sale and distribution);
sections 141
to
145
and
Schedule 18
(smoke-free places, vape-free
places and other free-from places: Scotland).
Regulations under
this section
may amend, repeal or revoke provision made
by or under—
an Act passed—
before this Act, or
later in the same session of Parliament as this Act, or
an Act of the Scottish Parliament passed before this Act.
Regulations under
this section
that amend or repeal provision made by an
Act of the Scottish Parliament, or an Act, are subject to the affirmative
resolution procedure.
Any other regulations under
this section
are subject to the negative resolution
procedure.
The Welsh Ministers may by regulations make provision that is consequential
on any of the following—
Part 1 (sale and distribution);
sections 146
to
151
and
Schedule 19
(smoke-free places, vape-free
places and other free-from places: Wales).
The only provision that may be made by virtue of this section is provision
that would be within the legislative competence of Senedd Cymru if contained
in an Act of the Senedd.
Regulations under
this section
may amend, repeal or revoke provision made
by or under—
an Act passed—
before this Act, or
later in the same session of Parliament as this Act, or
an Act or Measure of Senedd Cymru passed before this Act.
Regulations under
this section
amend or repeal provision made by an Act or
Measure of Senedd Cymru, or an Act, are subject to the affirmative resolution
procedure.
Any other regulations under
this section
are subject to the negative resolution
procedure.
A Northern Ireland department may by regulations make provision that is
consequential on any of the following—
Part 3 (sale and distribution);
sections 152
to
156
and
Schedule 20
(smoke-free places, vape-free
places and other free-from places: Northern Ireland).
Regulations under this section may amend, repeal or revoke provision made
by or under—
an Act passed—
before this Act, or
later in the same session of Parliament as this Act, or
Northern Ireland legislation passed or made before this Act.
Regulations under this section that amend, repeal or revoke any provision of
an Act or Northern Ireland legislation are subject to the affirmative resolution
procedure.
Any other regulations under this section are subject to the negative resolution
procedure.
A power to make regulations under any provision of this Act includes power
to make—
consequential, supplementary, incidental, transitional or saving
provision;
different provision for different purposes;
different provision for different parts of the United Kingdom.
This section does not apply to regulations under section 167 , 168 or 169 .
Regulations or orders made by the Secretary of State or the Welsh Ministers
under this Act are to be made by statutory instrument.
For regulations made under this Act by the Scottish Ministers, see section 27
of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)
(definition of “Scottish statutory instrument”).
Any power of a Northern Ireland department to make regulations or orders
under this Act is exercisable by statutory rule for the purposes of the Statutory
Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
Where regulations under this Act are “subject to the affirmative resolution
procedure”, the regulations—
if made by the Secretary of State, may not be made unless a draft of
the statutory instrument containing them has been laid before, and
approved by a resolution of, each House of Parliament;
if made by the Welsh Ministers, may not be made unless a draft of
the statutory instrument containing them has been laid before, and
approved by a resolution of, Senedd Cymru;
if made by the Scottish Ministers, are subject to the affirmative
procedure (see section 29 of the Interpretation and Legislative Reform
(Scotland) Act 2010 (asp 10));
if made by a Northern Ireland department, may not be made unless
a draft of the regulations has been laid before, and approved by a
resolution of, the Northern Ireland Assembly.
Where regulations under this Act are “subject to the negative resolution
procedure”—
if made by the Secretary of State, the statutory instrument containing
them is subject to annulment in pursuance of a resolution of either
House of Parliament;
if made by the Welsh Ministers, the statutory instrument containing
them is subject to annulment in pursuance of a resolution of Senedd
Cymru;
if made by the Scottish Ministers, the regulations are subject to the
negative procedure (see section 28 of the Interpretation and Legislative
Reform (Scotland) Act 2010 (asp 10));
if made by a Northern Ireland department, the regulations are subject
to negative resolution within the meaning of section 41(6) of the
Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) as if they were
a statutory instrument within the meaning of that Act.
Any provision that may be made in regulations under this Act subject to the
negative resolution procedure may be made in regulations subject to the
affirmative resolution procedure.
An amendment or repeal made by this Act has the same extent as the
provision amended or repealed.
Subject to that—
Part 1 extends to England and Wales only;
Part 2 extends to Scotland only;
Part 3 extends to Northern Ireland only;
Parts 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)
.
The following (which relate to the age of sale of tobacco etc) come into force
on 1 January 2027 (so far as not in force by virtue of subsection
(2)
)—
section 49 ;
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.
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—
sections 19
to
22
and
Schedule 3
and
4
(licensing of retail sales of
tobacco products etc in Wales);
section 40
and
Schedule 5
(handing over tobacco etc to underage
people in Wales).
Section 63
(alignment of definition of “tobacco product” in Scottish legislation)
comes into force at the end of the period of 2 months beginning with the day
on which this Act is passed.
The following provisions come into force (so far as not in force by virtue of
subsection (2)) on such day as the Scottish Ministers may by regulations
appoint—
section
60
(age verification in relation to tobacco and vaping products
etc);
section 65 and Schedule 9 (extension of retailer register etc in Scotland).
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—
section
83
and
Schedule 10
(extension of retailer register in Northern
Ireland);
Regulations or orders under this section may appoint different days for
different purposes.
Part
5
(product and information requirements etc) comes into force on the
day on which this Act is passed.
In Part 6 (advertising and sponsorship)—
the other provisions come into force on such day as the Secretary of
State may by regulations appoint.
In Part 7 (smoke-free places, vape-free places and other free-from places)—
sections 135
to
140
and
157
and
Schedule 17
come into force on such
day as the Secretary of State may by regulations appoint;
sections 141
to
145
and
Schedule 18
come into force on such day as
the Scottish Ministers may by regulations appoint;
sections 146
to
151
and
Schedule 19
come into force on such day as
the Welsh Ministers may by order appoint;
sections 152
to
156
and
Schedule 20
come into force on such day as
the Department of Health in Northern Ireland may by order appoint.
Regulations or orders under this section may appoint different days for
different purposes.
The Welsh Ministers may by regulations make transitional or saving provision
in connection with the coming into force of—
sections 19
to
22
and
Schedules 3
and
4
(licensing of retail sales of
tobacco products etc in Wales);
section 40
and
Schedule 5
(handing over tobacco etc to underage
people);
sections 146
to
151
and
Schedule 19
(smoke-free places, vape-free
places and other free-from places: Wales).
The Scottish Ministers may by regulations make transitional or saving
provision in connection with the coming into force of—
Part 2 (sale and distribution: Scotland);
sections 141
to
145
and
Schedule 18
(smoke-free places, vape-free
places and other free-from places: Scotland).
The Department of Health in Northern Ireland may by regulations make
transitional or saving provision in connection with the coming into force of—
Part 3 (sale and distribution: Northern Ireland);
sections 152
to
156
and
Schedule 20
(smoke-free places, vape-free
places and other free-from places: Northern Ireland).
The Secretary of State may by regulations make transitional or saving provision
in connection with the coming into force of any provision of this Act.
Transitional provision and savings made under this section are additional,
and without prejudice, to those made by or under any other provision of this
Act.
A power conferred by
subsections (1)
to
(4)
includes power to make different
provision for different purposes.
A requirement imposed under or by virtue of this Act to consult any persons
may be satisfied by consultation carried out before this Act comes into force.
This Act may be cited as the Tobacco and Vapes Act 2025.
This Schedule
is about the provision that may be made by regulations
under
section 16
(4)
.
The regulations must specify a description of local authority (a “licensing
authority”) which is to grant licences.
The regulations may—
prohibit a licensing authority from granting a licence unless satisfied
as to a matter specified in the regulations;
require a licensing authority to have regard, in deciding whether
to grant a licence, to a matter specified in the regulations.
The provision that may be made under sub-paragraph (1) (a) includes—
provision prohibiting a licensing authority from granting a premises
licence in respect of premises within an area of a description
specified in the regulations;
provision limiting the number of licensed premises within an area
of a description specified in the regulations.
The regulations may make provision requiring a licensing authority not to
grant a premises licence unless the premises have been inspected in
accordance with the regulations.
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).
Any such fee must not exceed an amount specified in, or determined in
accordance with, the regulations.
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.
The regulations may make provision for the grant of a licence subject to
conditions.
Provision of the kind mentioned in sub-paragraph (1) may—
enable a licensing authority to attach conditions to a licence;
require a licensing authority to attach to a licence a condition
specified in the regulations.
The provision that may be made under
sub-paragraph (1)
includes provision
prohibiting or restricting the sale of relevant products within an area of a
description specified in the regulations.
The regulations may make provision about the duration, renewal, variation,
suspension or revocation of licences.
The provision that may be made under
sub-paragraph (1)
includes provision
conferring power on a court by which a person is convicted of an offence
under
section 17
to vary, suspend or revoke a licence.
The regulations may make provision for the publication by a licensing
authority of information relating to licences granted by the licensing
authority.
The regulations must specify the circumstances in which a person may
request a review of a decision taken under the regulations.
The regulations must confer a right of appeal to the magistrates’ court
against a decision taken on a review.
The regulations may contain provision about time limits for requesting
reviews or initiating appeals.
The regulations may require a licensing authority, in carrying out functions
under the regulations, to have regard to guidance published by the Secretary
of State.
The regulations may confer discretions.
In this Schedule —
“
grant” includes vary or renew;
“
licence” means a personal licence or a premises licence;
“
licensing authority” has the meaning given by
paragraph 2
;
“
local authority” means—
a county council in England;
a district council in England;
a London borough council;
a combined authority established under
section 103
of the
Local Democracy, Economic Development and Construction
Act 2009;
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)
.
This Schedule
makes further provision in connection with the imposition
of financial penalties under
section 18
.
A local weights and measures authority must, before imposing a financial
penalty on a person, give the person written notice (a “notice of intent”)
of the proposed financial penalty.
A notice of intent must specify—
the amount of the proposed financial penalty,
the reasons for proposing to impose the penalty,
information about the right to make representations under
paragraph
3
, and
the date by which any representations must be made.
The date specified under
sub-paragraph (2)
(d)
must be a date more than
28 days after the day on which the notice of intent is given to the person.
The local weights and measures authority may at any time withdraw the
notice of intent, or amend it to reduce the amount of the proposed financial
penalty, by giving written notice to the person.
A person who is given a notice of intent under
paragraph 2
may make
written representations to the local weights and measures authority that
issued the notice about the proposal to impose a financial penalty.
Any representations must be made within the period (“the period for
representations”) ending with the date specified under
paragraph 2
(2)
(d)
.
After the end of the period for representations the local weights and
measures authority must decide whether to impose a financial penalty on
the person.
If the local weights and measures authority decides to impose a financial
penalty on the person, the authority must give the person written notice
(a “final notice”) imposing the penalty.
A final notice must specify—
the amount of the financial penalty,
the reasons for imposing the penalty,
the date by which the penalty must be paid,
information about the right of appeal under paragraph 5 , and
the consequences of failure to comply with the final notice.
The date specified under
sub-paragraph (3)
(c)
must be a date more than
28 days after the day on which the final notice is given to the person.
The local weights and measures authority may at any time withdraw a
final notice, or amend it to reduce the amount of the financial penalty, by
giving written notice to the person.
A final notice may not be given more than 28 days after the last day of the
period for representations.
A person on whom a financial penalty is imposed under
section 18
may
appeal to the magistrates’ court against—
the decision to impose the penalty, or
the amount of the penalty.
An appeal under
this paragraph
must be brought before the end of the
period of 28 days beginning with the day after the day on which the final
notice is given to the person in accordance with
paragraph 4
.
On an appeal under
this paragraph
the magistrates’ court may confirm,
reduce or cancel the penalty.
If a person appeals under
this paragraph
, the final notice is suspended
until the appeal is finally determined, withdrawn or abandoned.
This paragraph
applies if a person fails to pay the whole or part of a
financial penalty before the end of the period within which the person is
required to pay the penalty.
The local weights and measures authority that imposed the financial penalty
may recover the unpaid amount of the penalty as if it were payable under
an order of the county court.
Any sums received in pursuance of final notices given under paragraph 4 must be paid into the Consolidated Fund.
But before paying such sums into the Consolidated Fund the local weights
and measures authority may deduct—
the costs of investigating the matters to which the final notices relate,
and
the costs of issuing the notices.
This Schedule is about the provision that may be made by regulations
under
section 19
(4)
.
The regulations may—
prohibit a licensing authority from granting a licence unless satisfied
as to a matter specified in the regulations;
require a licensing authority to have regard, in deciding whether
to grant a licence, to a matter specified in the regulations.
The provision that may be made under sub-paragraph (1) (a) includes—
provision prohibiting a licensing authority from granting a premises
licence in respect of premises within an area of a description
specified in the regulations;
provision limiting the number of licensed premises within an area
of a description specified in the regulations.
The regulations may make provision requiring a licensing authority not to
grant a premises licence unless the premises have been inspected in
accordance with the regulations.
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).
Any such fee must not exceed an amount specified in, or determined in
accordance with, the regulations.
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.
The regulations may make provision for the grant of a licence subject to
conditions.
Provision of the kind mentioned in sub-paragraph (1) may—
enable a licensing authority to attach conditions to a licence;
require a licensing authority to attach to a licence a condition
specified in the regulations.
The provision that may be made under
sub-paragraph (1)
includes provision
prohibiting or restricting the sale of relevant products within an area of a
description specified in the regulations.
The regulations may make provision about the duration, renewal, variation,
suspension or revocation of licences.
The provision that may be made under
sub-paragraph (1)
includes provision
conferring power on a court by which a person is convicted of an offence
under
section 20
to vary, suspend or revoke a licence.
The regulations may make provision for the publication by a licensing
authority of information relating to licences granted by the licensing
authority.
The regulations must specify the circumstances in which a person may
request a review of a decision taken under the regulations.
The regulations must confer a right of appeal to the magistrates’ court
against a decision taken on a review.
The regulations may contain provision about time limits for requesting
reviews or initiating appeals.
The regulations may require a licensing authority, in carrying out functions
under the regulations, to have regard to guidance published by the Welsh
Ministers.
The regulations may confer discretions.
In this Schedule —
“
grant” includes vary or renew;
“
licence” means a personal licence or a premises licence;
“
licensing authority”, in relation to the doing of things or the use of
premises in a county or county borough in Wales, means the council
of the county or county borough;
“
personal licence” has the meaning given by
section 19
(8)
;
“
premises licence” has the meaning given by
section 19
(8)
;
“
relevant products” has the meaning given by
section 19
(8)
.
This Schedule
makes further provision in connection with the imposition
of financial penalties under
section 21
.
A local weights and measures authority must, before imposing a financial
penalty on a person, give the person written notice (a “notice of intent”)
of the proposed financial penalty.
A notice of intent must specify—
the amount of the proposed financial penalty,
the reasons for proposing to impose the penalty,
information about the right to make representations under
paragraph
3
, and
the date by which any representations must be made.
The date specified under
sub-paragraph (2)
(d)
must be a date more than
28 days after the day on which the notice of intent is given to the person.
The local weights and measures authority may at any time withdraw the
notice of intent, or amend it to reduce the amount of the proposed financial
penalty, by giving written notice to the person.
A person who is given a notice of intent under
paragraph 2
may make
written representations to the local weights and measures authority that
issued the notice about the proposal to impose a financial penalty.
Any representations must be made within the period (“the period for
representations”) ending with the date specified under
paragraph 2
(2)
(d)
.
After the end of the period for representations the local weights and
measures authority must decide whether to impose a financial penalty on
the person.
If the local weights and measures authority decides to impose a financial
penalty on the person, the authority must give the person written notice
(a “final notice”) imposing the penalty.
A final notice must specify—
the amount of the financial penalty,
the reasons for imposing the penalty,
the date by which the penalty must be paid,
information about the right of appeal under paragraph 5 , and
the consequences of failure to comply with the final notice.
The date specified under
sub-paragraph (3)
(c)
must be a date more than
28 days after the day on which the final notice is given to the person.
The local weights and measures authority may at any time withdraw a
final notice, or amend it to reduce the amount of the financial penalty, by
giving written notice to the person.
A final notice may not be given more than 28 days after the last day of the
period for representations.
A person on whom a financial penalty is imposed under
section 21
may
appeal to the magistrates’ court against—
the decision to impose the penalty, or
the amount of the penalty.
An appeal under this paragraph must be brought before the end of the
period of 28 days beginning with the day after the day on which the final
notice is given to the person in accordance with
paragraph 4
.
On an appeal under this paragraph the magistrates’ court may confirm,
reduce or cancel the penalty.
If a person appeals under this paragraph, the final notice is suspended
until the appeal is finally determined, withdrawn or abandoned.
This paragraph applies if a person fails to pay the whole or part of a
financial penalty before the end of the period within which the person is
required to pay the penalty.
The local weights and measures authority that imposed the financial penalty
may recover the unpaid amount of the penalty as if it were payable under
an order of the county court.
Any sums received in pursuance of final notices given under paragraph 4 must be paid into the Welsh Consolidated Fund.
But before paying such sums into the Welsh Consolidated Fund the local
weights and measures authority may deduct—
the costs of investigating the matters to which the final notices relate,
and
the costs of issuing the notices.
The Public Health (Wales) Act 2017 (anaw 2) is amended as follows.
In the heading of Part 3—
in the Welsh language text, after “tybaco” insert “, cynhyrchion
fepio”;
in the English language text, after “tobacco” insert “, vaping
products”.
In the heading of Chapter 4 of Part 3—
in the Welsh language text omit “i bersonau o dan 18 oed”;
in the English language text omit “to persons under 18”.
“51A
Y drosedd o roi tybaco etc. i bobl a anwyd ar neu ar ôl 1 Ionawr
2009
(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.”
“51A Offence of handing over tobacco etc to people born on or after 1
January 2009(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.”
The Welsh language text of section 52 is amended as follows.
In the heading, for “tybaco etc.” substitute “cynhyrchion fepio a
chynhyrchion nicotin”.
In subsection (1)—
in paragraph (a), for “dybaco, papurau sigaréts neu gynhyrchion
nicotin” substitute “gynhyrchion fepio neu”;
in paragraph (c), for “tybaco neu bapurau sigaréts neu gynhyrchion
nicotin” substitute “cynhyrchion fepio neu”;
in paragraph (d), for “tybaco, y papurau sigaréts neu’r cynhyrchion
nicotin” substitute “cynhyrchion fepio neu’r”.
In subsection (2), for “tybaco, y papurau sigaréts neu’r cynhyrchion nicotin”
substitute “cynhyrchion fepio neu”.
In subsection (4)(a), for “tybaco, y papurau sigaréts neu’r cynhyrchion
nicotin” substitute “cynhyrchion fepio neu”.
Omit subsection (7).
The English language text of section 52 is amended as follows.
In the heading, for “tobacco etc.” substitute “vaping and nicotine products”.
In subsection (1)—
in paragraph (a), for “tobacco, cigarette papers or” substitute “vaping
products or”;
in paragraph (c), for “tobacco or cigarette papers or” substitute
“vaping products or”;
in paragraph (d), for “tobacco, cigarette papers or” substitute “vaping
products or”.
In subsection (2), for “tobacco, cigarette papers or” substitute “vaping
products or”.
In subsection (4)(a), for “tobacco, cigarette papers or” substitute “vaping
products or”.
Omit subsection (7).
The Welsh language text of section 53 is amended as follows.
In subsection (1)—
in the words before paragraph (a), for “tybaco, papurau sigaréts
neu gynhyrchion nicotin” substitute “cynnyrch perthnasol”;
in paragraph (a), for “tybaco, y papurau sigaréts neu’r cynhyrchion
nicotin gael eu danfon” substitute “cynnyrch perthnasol gael ei
ddanfon”;
in paragraph (b), for “tybaco, y papurau sigaréts neu’r cynhyrchion
nicotin o dan sylw” substitute “cynnyrch perthnasol”.
In subsection (2)—
in the words before paragraph (a), for “tybaco, papurau sigaréts
neu gynhyrchion nicotin” substitute “cynnyrch perthnasol”;
in paragraph (a), for “tybaco, y papurau sigaréts neu’r cynhyrchion
nicotin gael eu casglu” substitute “cynnyrch perthnasol gael ei
gasglu”;
in paragraph (b), for “tybaco, y papurau sigaréts neu’r cynhyrchion
nicotin o dan sylw” substitute “cynnyrch perthnasol”.
“(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.”
The English language text of section 53 is amended as follows.
In subsection (1)—
in the words before paragraph (a), for “tobacco, cigarette papers or
nicotine products” substitute “a relevant product”;
in paragraph (a), for “tobacco, cigarette papers or nicotine products”
substitute “relevant product”;
in paragraph (b), for “tobacco, cigarette papers or nicotine products
concerned” substitute “relevant product”.
In subsection (2)—
in the words before paragraph (a), for “tobacco, cigarette papers or
nicotine products” substitute “a relevant product”;
in paragraph (a), for “tobacco, cigarette papers or nicotine products”
substitute “relevant product”;
in paragraph (b), for “tobacco, cigarette papers or nicotine products
concerned” substitute “relevant product”.
“(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.”
“54A Pŵer i ymestyn y Bennod hon i gynhyrchion eraill
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.”
“54A Power to extend this Chapter to other products
(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.”
“55
Dehongli’r Bennod hon
Yn y Bennod hon—
ystyr “cyflogaeth” (“employment”) yw unrhyw gyflogaeth, pa
un ai â thâl neu’n ddi-dâl, ac mae’n cynnwys—
(a)
gwaith o dan gontract am wasanaethau neu fel
deiliad swydd, a
(b)
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
47
o Ddeddf Tybaco a Fêps 2024;
mae i “cynnyrch nicotin” yr ystyr a roddir i “nicotine product”
gan adran
47
o Ddeddf Tybaco a Fêps 2024;
mae i “cynnyrch smygu llysieuol” yr ystyr a roddir i “herbal
smoking product” gan adran
47
o Ddeddf Tybaco a Fêps
2024;
mae i “cynnyrch tybaco” yr ystyr a roddir i “tobacco product”
gan adran
47
o Ddeddf Tybaco a Fêps 2024;
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.”
“55 Interpretation of this Chapter
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—(a)
work under a contract for services or as an office
holder, and(b)
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 47 of the Tobacco and Vapes Act 2024;“
nicotine product” (“cynnyrch nicotin”) has the meaning given
by section 47 of the Tobacco and Vapes Act 2024;“
tobacco product” (“cynnyrch tybaco”) has the meaning given
by section 47 of the Tobacco and Vapes Act 2024;“
vaping product” (“cynnyrch fepio”) has the meaning given by
section 47 of the Tobacco and Vapes Act 2024.”
In the Welsh language text of section 123, in subsection (2), for “neu 50(2)”
substitute “, 50(2) neu
54A
”.
In the English language text of section 123, in subsection (2)(a), for “or
50(2)” substitute “, 50(2) or
54A
”.
The Children and Young Persons Act 1933 is amended as follows.
Omit sections 12A to 12D and the italic heading before those sections.
Omit section 102.
The Children and Young Persons (Protection from Tobacco) Act 1991 is
amended as follows.
Omit sections 3 and 3A.
Section 4 is amended as follows.
Omit subsection (2).
In subsections (3) and (4) omit “or (2).”
In the heading omit “and on vending machines”.
Omit section 5.
The Tobacco Advertising and Promotion Act 2002 is amended as follows.
Omit section 9
In section 17, in subsection (1) omit “9(5),”.
The Health Act 2006 is amended as follows.
Omit Chapter 2 of Part 1.
Section 79 is amended as follows.
In subsection (4) omit paragraph (b).
In subsection (4A) omit paragraph (b) (but not the “or” at the end).
In the Criminal Justice and Immigration Act 2008 omit section 143 and the
italic heading before that section.
Schedule 3 to the Regulatory Enforcement and Sanctions Act 2008.
“Tobacco and Vapes Act 2024, Parts 1, 5 and 6”.
Omit the reference to section 92 of the Children and Families Act 2014.
The Health Act 2009 is amended as follows.
Omit section 22.
In Schedule 4 omit paragraph 1 and the italic heading before that paragraph.
The Children and Families Act 2014 is amended as follows.
Section 91 is amended as follows.
In the heading omit “, nicotine products”.
In subsection (1), for “, cigarette papers or a relevant nicotine product”
substitute “or cigarette papers”.
Omit subsection (5).
Omit subsection (8).
Omit sections 92 and 93.
In section 135, in subsection (6) omit paragraph (d).
In the Tobacco and Related Products Regulations 2016 omit regulation 17.
The Public Health (Wales) Act 2017 is amended as follows.
Section 32 is amended as follows.
In subsection (2)—
in the Welsh language text, for “adran 12A o Ddeddf Plant a Phobl
Ifanc 1933 (p.12)” substitute “adran
23
o Ddeddf Tybaco a Fêps
2024”;
in the English language text, for “section 12A of the Children and
Young Persons Act 1933 (c. 12)” substitute “section
23
of the Tobacco
and Vapes Act 2024”.
In subsection (3)—
in the Welsh language text, for “adran 12B o Ddeddf Plant a Phobl
Ifanc 1933 (p.12)” substitute “adran
28
o Ddeddf Tybaco a Fêps
2024”;
the English language text, for “section 12B of the Children and
Young Persons Act 1933 (c. 12)” substitute “section
28
of the Tobacco
and Vapes Act 2024”.
Omit Chapter 3 of Part 3.
Omit section 54.
In Schedule 2 omit paragraph 17.
In Schedule 15 to the Digital Markets, Competition and Consumers Act
“Tobacco
and Vapes
Act 2024
All public designated enforcers, other than— the Department for the Economy in the Department of Health in Northern the Department for Infrastructure in an enforcement authority within the the Maritime and Coastguard Agency; the Office for the Traffic Commissioner; the Secretary of State. All private designated enforcers.”
2024, in Part 1, in the first part of the Table (Acts of Parliament), at the
appropriate place (according to alphabetical order of Acts mentioned)
insert—
(1)
(a)
Northern Ireland;
(b)
Ireland;
(c)
Northern Ireland;
(d)
meaning of section 120(15) of the
Communications Act 2003 (regulation of
premium rate services);
(e)
(f)
(g)
(2)
In the Children and Young Persons Act 1933 omit section 7.
The Protection of Children (Tobacco) Act 1986 is repealed.
The Children and Young Persons (Protection from Tobacco) Act 1991 is
repealed.
In Schedule 13 to the Local Government etc (Scotland) Act 1994 omit
paragraph 169 and the italic heading before that paragraph.
In Schedule 5 to the Police Reform Act 2002 omit paragraph 6 and the italic
heading before that paragraph.
In Schedule 8 to the Courts Act 2003 omit paragraph 72.
The Regulatory Enforcement and Sanctions Act 2008 is amended as follows.
In Schedule 3 omit the reference to the Children and Young Persons
(Protection from Tobacco) Act 1991.
Schedule 6 is amended as follows.
Omit the reference to section 7(1) of the Children and Young Persons Act
1933.
Omit the reference to the Children and Young Persons (Protection from
Tobacco) Act 1991.
In Schedule 2 to the Tobacco and Primary Medical Services (Scotland) Act
2010 (asp 3) omit paragraph 2 and the italic heading before that paragraph.
In Schedule 16 to the Police Reform and Social Responsibility Act 2011
omit paragraph 67.
In the Children and Families Act 2014 omit section 91.
In Schedule 15 to the Digital Markets, Competition and Consumers Act
2024, in Part 1, in the Table omit the entries relating to—
section 7(1) and (2) of the Children and Young Persons Act 1933;
section 4 of the Children and Young Persons (Protection from
Tobacco) Act 1991.
The Tobacco and Primary Medical Services (Scotland) Act 2010 is amended
as follows.
For the heading of Part 1 substitute “Tobacco, vaping and nicotine
products”.
In the heading of Chapter 2 of Part 1, for “nicotine vapour” substitute
“vaping”.
In section 10 (register of tobacco and nicotine vapour product retailers)—
in subsection (1), for “nicotine vapour” substitute “vaping”;
in the heading, for “nicotine vapour” substitute “vaping”.
In section 11 (application for registration and addition of premises etc.), in
subsections (2)(b) and (c), (2A)(b) and (c), (3)(b), (4)(b) and (5), for “nicotine
vapour”, in each place it occurs, substitute “vaping”.
In section 12 (certificates of registration), in subsection (2)(b) and (c), for
“nicotine vapour” substitute “vaping”.
In section 13 (duty to notify registrar of changes), in subsection (1)(c), for
“nicotine vapour” substitute “vaping”.
In section 14 (changes to and removal from register), in subsections (2),
(3)(b) and (5)(b), for “nicotine vapour” substitute “vaping”.
In the italic heading before section 15, for “nicotine vapour” substitute
“vaping”.
In section 15 (tobacco and nicotine vapour product banning orders)—
in subsections (1), (2), (3), (4)(c) and (6), for “nicotine vapour”
substitute “vaping”;
in the heading, for “nicotine vapour” substitute “vaping”.
In section 16 (tobacco and nicotine vapour product banning orders: ancillary
orders)—
in subsections (1)(a) and (b), (2)(a)(i) and (ii) and (b)(i), (ii) and (iii),
(3)(b), (4) and (5), for “nicotine vapour” substitute “vaping”;
in the heading, for “nicotine vapour” substitute “vaping”.
In section 17 (tobacco and nicotine vapour product banning orders etc.:
appeals)—
in subsections (1) and (3), for “nicotine vapour” substitute “vaping”;
in the heading, for “nicotine vapour” substitute “vaping”.
In section 18 (tobacco and nicotine vapour product banning orders etc.:
notification to Scottish Ministers)—
in subsection (1), for “nicotine vapour” substitute “vaping”;
in the heading, for “nicotine vapour” substitute “vaping”.
In section 19 (tobacco and nicotine vapour product banning orders: display
of notices)—
in subsections (1)(a), (3)(a) and (c) and (4), for “nicotine vapour”
substitute “vaping”;
in the heading, for “nicotine vapour” substitute “vaping”.
In section 20 (offences relating to the register), in subsections (1), (2), (2A)
and (4), for “nicotine vapour”, in each place it occurs, substitute “vaping”.
In the italic heading above section 21, for “nicotine vapour” substitute
“vaping”.
In section 21 (public inspection of the register), in subsection (1)(b) and (c),
for “nicotine vapour” substitute “vaping”.
In section 35 (interpretation), in subsection (1)—
omit the definition of “nicotine vapour product business”;
in the definition of “tobacco or nicotine vapour product business”,
for “nicotine vapour” substitute “vaping” in both places;
““
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),”;
““vape” means—
(a)
a device which—
(i)
vaporises substances, other than tobacco, for
the purpose of inhalation through a mouthpiece (whether or not it also vaporises tobacco), and(ii)
is not a medical device or a medicinal
product, or(b)
an item which is intended to form part of a device
within paragraph (a) (including anything intended to be attached to it with a view to imparting flavour),”;““vaping product” means—
(a)
a vape, or
(b)
a vaping substance,”;
““vaping product business” means a business involving the sale of vaping products by retail,”;
““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).”
Omit section 35A (meaning of “nicotine vapour product”).
In any legislation passed at a time before this Schedule comes into force,
and in any instrument or other document made before that time under or
for the purposes of the Tobacco and Primary Medical Services (Scotland)
Act 2010, any reference to a nicotine vapour product (within the meaning
of section 35A of that Act before its repeal by this Schedule) is to be read,
in relation to times after this Schedule comes into force, as a reference to
a vaping product (within the meaning of section 35 of that Act).
The Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) is
amended as follows.
In the heading of Part 1, after “Tobacco,” insert “herbal smoking,”.
In the heading of Chapter 2 of Part 1, for “and vaping” substitute “, herbal
smoking, vaping and nicotine”.
In section 10 (register of tobacco and nicotine vapour product retailers)—
“(1)
The Scottish Ministers must keep a register (referred to in
this Part as “the Register”) of persons carrying on one or more of the following (each of which is a “registrable business”)—(a)
a tobacco business,
(b)
a herbal smoking product business,
(c)
a vaping product business,
(d)
a nicotine product business.”;
“(3)
References in this Chapter to a kind of registrable business
are to a kind mentioned in subsection (1)(a), (b), (c) or (d).”
in the heading, for “and vaping” substitute “, herbal smoking, vaping
and nicotine”.
Section 11 (application for registration and addition of premises etc.) is
amended as follows.
In subsection (2)(b) and (c), for “tobacco or vaping product” substitute
“registrable”.
“(2A)
An application under subsection (1) must state, in relation to each
of the premises included in it, each kind of registrable business that the applicant proposes to carry on at the premises.”
In subsection (3)(b)—
for “tobacco and vaping product banning order” substitute “banning
order”;
for “tobacco or vaping product business” substitute “registrable
business”.
“(b)
the addresses of the premises at which the applicant proposes
to carry on a registrable business, noting, in relation to each of the premises, each kind of registrable business that the applicant proposes to carry on at the premises, and”.
“(5)
On granting an application under subsection (1)(b), the Scottish
Ministers must amend the applicant’s entry in the Register so as to include the address of the further premises at which the applicant proposes to carry on a registrable business, noting, in relation to each of the premises, each kind of registrable business that the applicant proposes to carry on at the premises.”
“(2)
A certificate issued under subsection (1) must state each kind of
registrable business noted in the applicant’s entry in the Register in relation to the premises.”
In section 13 (duty to notify certain changes), in subsection (1), for paragraph the fact that the person is no longer carrying on a herbal the fact that the person is no longer carrying on a vaping the fact that the person is no longer carrying on a nicotine
(c) substitute—
“(c)
smoking product business at an address noted in the person’s
entry in the Register,
(d)
product business at an address noted in the person’s entry
in the Register,
(e)
product business at an address noted in the person’s entry
in the Register.”
In section 14 (changes to and removal from register)—
in subsection (2) omit “tobacco and vaping product”;
in subsection (3)(b), for “tobacco or vaping product” substitute
“registrable”;
in subsection (5)(b), for “tobacco or vaping product” substitute
“registrable”.
In the italic heading before section 15 omit “Tobacco and vaping product”.
In section 15 (tobacco and vaping product banning orders)—
in subsections (1), (2) and (3), for “tobacco or vaping product”
substitute “registrable”;
in subsection (4)(c)—
after “, tobacco products” insert “, herbal smoking products”;
for “or vaping products” substitute “, vaping products or
nicotine products”;
in subsection (6) omit “tobacco and vaping product”;
in the heading omit “Tobacco and vaping product”.
In section 16 (tobacco and vaping product banning orders: ancillary
orders)—
in subsections (1)(a) and (b) omit “tobacco and vaping product”;
in subsection (2)(a)(i) and (ii) and (b)(i), (ii) and (iii), for “tobacco
or vaping product” substitute “registrable”;
in subsections (3)(b), (4) and (5) omit “tobacco and vaping product”;
in the heading omit “Tobacco and vaping product”.
In section 17 (tobacco and vaping product banning orders etc.: appeals)—
in subsections (1) and (3) omit “tobacco and vaping product”;
in the heading omit “Tobacco and vaping product”.
In section 18 (tobacco and vaping product banning orders etc.: notification
to Scottish Ministers)—
in subsection (1) omit “tobacco and vaping product”;
in the heading omit “Tobacco and vaping product”.
In section 19 (tobacco and vaping product banning orders: display of
notices)—
in subsections (1)(a) and (3)(a) and (c) omit “tobacco and vaping
product”;
in subsection (4)—
after “tobacco products” insert “, herbal smoking products”;
for “or vaping products” substitute “, vaping products or
nicotine products”;
in the heading omit “Tobacco and vaping product”.
In section 20 (offences relating to the register)—
in subsection (1), for “tobacco or vaping product” substitute
“registrable”;
“(2)
A registered person who carries on a registrable business
at premises other than those noted in the person’s entry in the Register as premises at which the person carries on that kind of registrable business commits an offence.”;
in subsection (4) omit “tobacco and vaping product”;
in subsection (6)(a), in the words before sub-paragraph (i) omit “,
(2A)”.
In the italic heading above section 21, for “and vaping” substitute “, herbal
smoking, vaping and nicotine”.
“(1)
On the basis of information contained in the Register, the Scottish
Ministers must make available for public inspection a list of premises, specifying for each of those premises each kind of registrable business carried on or proposed to be carried on there.”
In section 22 (council access to Register), in subsection (2), for “may by”
substitute “may be”.
In section 35 (interpretation), in subsection (1)—
omit the definitions of “tobacco or vaping product business” and
“tobacco retailing banning order”;
““
“banning order” has the meaning given in section 15(6),”;“
“herbal smoking product business” means a business involving
the sale of herbal smoking products by retail,”;“
“nicotine product business” means a business involving the
sale of nicotine products by retail,”;“
“registrable business” has the meaning given in section 10(1)
(and references to a kind of registrable business have the meaning given in section 10(3)),”.
The Tobacco Retailers Act (Northern Ireland) 2014 (c. 4 (N.I.)) is amended
as follows.
In the italic heading before section 1, after “tobacco” insert “, vaping product
and nicotine product”.
In section 1 (register of tobacco retailers)—
“(1)
The registration authority must, in accordance with the
provisions of this Act, maintain a register (“the Register”) of persons carrying on one or more of the following (each of which is a “registrable business”)—(a)
a tobacco business;
(b)
a vaping product business;
(c)
a nicotine product business.”;
in subsection (2)(a), for “tobacco” substitute “registrable”;
“(7)
References in this Act to a kind of registrable business are
to a kind mentioned in subsection (1) (a) , (b) or (c) .”;
in the heading, after “tobacco” insert “, vaping product and nicotine
product”.
In section 2 (application for registration)—
in subsection (1)—
omit the “or” at the end of paragraph (a);
(c)
to add further kinds of registrable business
in relation to premises the address of which is noted in the person’s entry in the Register.”;
in subsection (2)—
in paragraphs (b) and (c), for “tobacco” substitute
“registrable”;
“(ca)
where it is an application under subsection
(1)(a) or (b), state, in relation to each of the premises to which the application relates, each kind of registrable business that the applicant proposes to carry on at the premises;(cb)
where it is an application under subsection
(1)(c), state, in relation to each of the premises to which the application relates, each further kind of registrable business that the applicant proposes to carry on at the premises;”;
in subsection (5)—
in paragraph (b), for “tobacco” substitute “registrable”;
“(ba)
in relation to each of those premises, each
kind of registrable business that the applicant proposes to carry on at the premises;”;
in subsection (6)—
in paragraph (a), for “tobacco” substitute “registrable”;
“(aa)
in relation to each of those premises, each
kind of registrable business that the applicant proposes to carry on at the premises;”;
“(6A)
On granting an application under subsection (1)(c) the
registration authority must enter the following information in the Register—(a)
in relation to each of the premises to which the
application relates, each further kind of registrable business the applicant proposes to carry on at the premises;(b)
any other information which the Department may
direct the authority to include.”
In section 3 (duty to notify certain changes), in subsection (1), after the fact that the person is no longer carrying on a vaping the fact that the person is no longer carrying on a nicotine
paragraph (b) insert “;
(c)
product business at an address noted in the person’s entry
in the Register;
(d)
product business at an address noted in the person’s entry
in the Register.”
In section 4 (changes to and removal from the Register), in subsections
(3)(b) and (4)(b), for “tobacco” substitute “registrable”.
In section 10 (offences)—
in subsection (1), for “tobacco” substitute “registrable”;
“(2)
A registered person who carries on a registrable business at
premises other than those noted in the person’s entry in the Register as premises at which the person proposes to carry on that kind of registrable business commits an offence.”
In section 22 (interpretation), in subsection (1), at the appropriate places
““
“
insert—
“nicotine product business” means a business involving the sale of
nicotine products by retail;”;
“vaping product business” means a business involving the sale of
vaping products by retail;”.
In the
Tobacco Retailers Act (Northern Ireland) 2014
(c. 4 (N.I.)), after section 26
insert— This Schedule is about the provision that may be made by regulations The regulations must specify a council (a “licensing authority”) which is The regulations may— prohibit a licensing authority from granting a licence unless satisfied require a licensing authority to have regard, in deciding whether The provision that may be made under sub-paragraph (1)(a) includes— provision prohibiting a licensing authority from granting a premises provision limiting the number of licensed premises within an area The regulations may make provision requiring a licensing authority not to The regulations may authorise a licensing authority to charge a fee in Any such fee must not exceed an amount specified in, or determined in The regulations may make provision for the payment by a licensing The regulations may make provision for the grant of a licence subject to Provision of the kind mentioned in sub-paragraph (1) may— enable a licensing authority to attach conditions to a licence; require a licensing authority to attach to a licence a condition The provision that may be made under sub-paragraph (1) includes provision The regulations may make provision about the duration, renewal, variation, The provision that may be made under sub-paragraph (1) includes provision The regulations may make provision for the publication by a licensing The regulations must specify the circumstances in which a person may The regulations must confer a right of appeal to a magistrates’ court against The regulations may contain provision about time limits for requesting The regulations may require a licensing authority, in carrying out functions The regulations may confer discretions. In this Schedule—
“
“
“
“
“
“
“Schedule 1
Retail licensing scheme
Introduction
1
under section 4A(4).
Licensing authority
2
to grant licences.
Grant of licence
3
(1)
(a)
as to a matter specified in the regulations;
(b)
to grant a licence, to a matter specified in the regulations.
(2)
(a)
licence in respect of premises within an area of a description
specified in the regulations;
(b)
of a description specified in the regulations.
(3)
grant a premises licence unless the premises have been inspected in
accordance with the regulations.
Licence fee
4
(1)
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 4A to 4C or the regulations).
(2)
accordance with, the regulations.
(3)
authority of a proportion of any amount received by virtue of sub-paragraph
(1)
to any other person with functions under or in connection with sections
4A to 4C or the regulations.
Licence conditions
5
(1)
conditions.
(2)
(a)
(b)
specified in the regulations.
(3)
prohibiting or restricting the sale of relevant products within an area of a
description specified in the regulations.
Duration etc of licence
6
(1)
suspension or revocation of licences.
(2)
conferring power on a court by which a person is convicted of an offence
under section 4B to vary, suspend or revoke a licence.
Publication of licence information
7
authority of information relating to licences granted by the licensing
authority.
Reviews and appeals
8
(1)
request a review of a decision taken under the regulations.
(2)
a decision taken on a review.
(3)
reviews or initiating appeals.
Guidance
9
under the regulations, to have regard to guidance published by the
Department.
Sub-delegation
10
Interpretation
11
grant” includes vary or renew;
licence” means a personal licence or a premises licence;
licensing authority” has the meaning given by paragraph 2;
personal licence” has the meaning given by section 4A(7);
premises licence” has the meaning given by section 4A(7);
relevant products” has the meaning given by section 4A(7).”
After
Schedule 1
to the
Tobacco Retailers Act (Northern Ireland) 2014
(c. 4 (N.I.))
(inserted by
Schedule 11
to this Act) insert— This Schedule makes further provision in connection with the imposition A council must, before imposing a financial penalty on a person, give the A notice of intent must specify— the amount of the proposed financial penalty, the reasons for proposing to impose the penalty, information about the right to make representations under paragraph the date by which any representations must be made. The date specified under sub-paragraph (2)(d) must be a date more than The council may at any time withdraw the notice of intent, or amend it to A person who is given a notice of intent under paragraph 2 may make Any representations must be made within the period (“the period for After the end of the period for representations the council must decide If the council decides to impose a financial penalty on the person, the A final notice must specify— the amount of the financial penalty, the reasons for imposing the penalty, the date by which the penalty must be paid, information about the right of appeal under paragraph 5, and the consequence of failure to comply with the final notice. The date specified under sub-paragraph (3)(c) must be a date more than The council may at any time withdraw a final notice, or amend it to reduce A final notice may not be given more than 28 days after the last day of the A person on whom a financial penalty is imposed under section 4C may the decision to impose the penalty, or the amount of the penalty. An appeal under this paragraph must be brought before the end of the On an appeal under this paragraph the magistrates’ court may confirm, If a person appeals under this paragraph, the final notice is suspended This paragraph applies if a person fails to pay the whole or part of a The council that imposed the financial penalty may recover the unpaid A council may use any sums it receives in pursuance of final notices given A council must supply the Department with such information relating to Regulations may make provision for what a council is to do with its pending their being used for the purposes mentioned in if they are not used for those purposes within a period of time The provision that may be made under sub-paragraph (3)(b) includes (in Regulations may make provision for accounting arrangements in respect Before making regulations under this paragraph, the Department must councils, and such other persons as the Department considers appropriate.”
“Schedule 2
Financial Penalties for breach of retail licence conditions
Introduction
1
of financial penalties under section 4C.
Notices of intent
2
(1)
person written notice (a “notice of intent”) of the proposed financial penalty.
(2)
(a)
(b)
(c)
3, and
(d)
(3)
28 days after the day on which the notice of intent is given to the person.
(4)
reduce the amount of the proposed financial penalty, by giving written
notice to the person.
Right to make representations
3
(1)
written representations to the council that issued the notice about the
proposal to impose a financial penalty.
(2)
representations”) ending with the date specified under paragraph 2(2)(d).
Final notices
4
(1)
whether to impose a financial penalty on the person.
(2)
council must give the person written notice (a “final notice”) imposing the
penalty.
(3)
(a)
(b)
(c)
(d)
(e)
(4)
28 days after the day on which the final notice is given to the person.
(5)
the amount of the financial penalty, by giving written notice to the person.
(6)
period for representations.
Appeals
5
(1)
appeal to the magistrates’ court against—
(a)
(b)
(2)
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)
reduce or cancel the penalty.
(4)
until the appeal is finally determined, withdrawn or abandoned.
Recovery
6
(1)
financial penalty before the end of the period within which the person is
required to pay the penalty.
(2)
amount of the penalty as if it were payable under an order of a county
court.
Use of proceeds
7
(1)
under paragraph 4 (its “financial penalty receipts”) only for the purposes
of its functions under this Act.
(2)
its use of its financial penalty receipts as the Department may require.
(3)
financial penalty receipts—
(a)
sub-paragraph (1);
(b)
specified in the regulations and beginning with their receipt.
(4)
particular) provision for the payment of sums to a person (including the
Department) other than the council.
(5)
of a council's financial penalty receipts.
(6)
consult—
(a)
(b)
The Tobacco Retailers Act (Northern Ireland) 2014 is amended as follows.
Omit sections 1 to 4 (and the italic heading before section 1).
In section 5, in subsection (14)—
“(da)
an offence committed under section 4B on or in
respect of any premises (which are accordingly “the premises in relation to which the offence is committed”).”;
omit paragraph (f).
In section 6, in subsection (8) (as inserted by Schedule 14 to this Act)—
“(da)
an offence committed under section 4B on or in
respect of any premises (which are accordingly “the premises in relation to which the offence is committed”).”;
omit paragraph (e).
Omit the italic heading before section 10 .
Section 10 is amended as follows.
Omit subsections (1) , (2) and (3) .
In subsection (9) , omit paragraphs (a) and (b) .
In the heading, after “Offences”
insert “in connection with restricted premises orders and restricted sales orders”
.
In the italic heading before
section 11
, for “Enforcement”
substitute “General enforcement”
.
In
section 11
, in
subsection (1)
(a)
(i)
, after “section”
insert “4B or”
.
In section 12 , in subsection (1) (a) —
after “section”
insert “4B or”
;
omit “(1), (2), (3),”
.
Section 16 is amended as follows.
In subsection (1)—
omit “, the registration authority”
in each place it occurs;
“(za)
financial penalties imposed under section 4C by that
council;”.
In subsection (2), omit “or the registration authority”
in each place it occurs.
Omit section 21 .
In section 22 , in subsection (1) omit the following definitions—
“nicotine product business”;
“the Register”;
“registered”, “unregistered”, and “the registration authority”;
“registrable business”;
“tobacco business”;
“vaping product business”.
In section 23 , omit subsections (3) and (4).
In
section 24
, in
subsection (2)
, for “2(7)”
substitute “4A”
.
This Act is amended as follows.
The Health and Personal Social Services (Northern Ireland) Order 1978 is
amended as follows.
In the heading of Part 2 of that Order omit “to persons apparently under
18”.
Before Article 3 insert a new italic heading “Tobacco products etc”.
In Article 3(1), after “tobacco” insert “product, herbal smoking product”.
Omit Article 4.
In Article 5(1) and (2), after “tobacco” insert “products, herbal smoking
products”.
In Article 6—
for “this Part” substitute “Article 3 or 5”;
in paragraphs (a) and (b), after “tobacco” insert “products, herbal
smoking products”;
in the words after paragraph (b), after “tobacco” insert “products
or herbal smoking products”.
The Children and Young Persons (Protection from Tobacco) (Northern
Ireland) Order 1991 is amended as follows.
Omit Article 4.
Omit Article 4A.
Article 5 is amended as follows.
In paragraph (1)—
for “tobacco is” substitute “tobacco products are”;
after “the tobacco” insert “products”;
after “sale of tobacco” insert “products”.
Omit paragraph (2).
In paragraphs (3) and (4) omit “or (2)”.
““
tobacco product” has the meaning given by Article 7 of the Health
and Personal Social Services (Northern Ireland) Order 1978.”
In the heading omit “and on vending machines”.
Omit Article 6.
In Article 7 omit paragraphs (2) and (3).
The Tobacco Retailers Act (Northern Ireland) 2014 is amended as follows.
In section 2, in subsection (3)(b), for “tobacco” substitute “a tobacco product
or herbal smoking product”.
In section 4, in subsection (2)(b), for “tobacco” substitute “a tobacco product
or herbal smoking product”.
In the italic heading before section 5, for “or nicotine” substitute “, vape
or nicotine”.
Section 5 is amended as follows.
In subsection (1)(a) and (b), for “or nicotine” substitute “, vape or nicotine”.
In subsection (4), for “of any tobacco, cigarette papers or nicotine products tobacco products; herbal smoking products; cigarette papers; vaping products; nicotine products.”
to any person” substitute “to any person of any one or more of the
following—
(a)
(b)
(c)
(d)
(e)
In subsection (5) omit “of tobacco, cigarette papers or nicotine products”.
In subsection (8)(b)(i) and (ii), for “or nicotine” substitute “, vape or
nicotine”.
In subsection (13)(a), for “or nicotine” substitute “, vape or nicotine”.
In subsection (14)—
for “and section 6 “tobacco or nicotine offence”” substitute ““tobacco,
vape or nicotine offence””;
in paragraph (a), after “Article 3” insert “or 4H ”;
omit paragraph (b);
in paragraph (c), for “tobacco” substitute “a tobacco product or
herbal smoking product”;
at the end of paragraph (d) insert “or”;
omit paragraphs (e), (g) and (h).
Section 6 is amended as follows.
In subsection (1)(a) and (b), for “or nicotine” substitute “, vape or nicotine”.
In subsection (4)—
in paragraphs (a) and (b), for “tobacco, cigarette papers or nicotine
products” substitute “tobacco products, herbal smoking products,
cigarette papers, vaping products or nicotine products”;
in paragraphs (c) and (d), for “tobacco or nicotine products”
substitute “tobacco products, herbal smoking products, cigarette
papers, vaping products or nicotine products”.
In subsection (6)(a) and (b), for “or nicotine” substitute “, vape or nicotine”.
In subsection (7), for “or nicotine” substitute “, vape or nicotine”.
“(8)
In this section “tobacco, vape or nicotine offence” means—
(a)
an offence committed under Article 3 or 4H of the Health
and Personal Social Services (Northern Ireland) Order 1978 on any premises (which are accordingly “the premises in relation to which the offence is committed”);(b)
(c)
an offence relating to a tobacco product or herbal smoking
product committed under section 170 or 170B of the Customs and Excise Management Act 1979 on any premises in Northern Ireland (which are accordingly “the premises in relation to which the offence is committed”);(d)
an offence committed under section 8F, 8G or 8H of the
Tobacco Products Duty Act 1979 on any premises in Northern Ireland (which are accordingly “the premises in relation to which the offence is committed”); or(e)
an offence committed under section 10 in respect of any
premises (which are accordingly “the premises in relation to which the offence is committed”).”
In section 8, in subsection (4), for “tobacco, cigarette papers or nicotine
products” substitute “tobacco products, herbal smoking products, cigarette
papers, vaping products or nicotine products”.
Section 9 (restricted premises orders: no tobacco in retail area) is amended
as follows.
In the heading, for “or nicotine products” substitute “, vaping products or
nicotine products”.
In subsection (2), for “tobacco, cigarette papers or nicotine products”
substitute “tobacco products, herbal smoking products, cigarette papers,
vaping products or nicotine products”.
In subsection (3), for “tobacco, cigarette papers and nicotine products”
substitute “tobacco products, herbal smoking products, cigarette papers,
vaping products and nicotine products”.
In section 10, in subsection (4)(a), for “tobacco, cigarette papers or nicotine
products” substitute “tobacco products, herbal smoking products, cigarette
papers, vaping products or nicotine products”.
In section 11, in subsection (1)(a)—
in sub-paragraph (ii), for “Article 3, 4 or 4A” substitute “any
provision made by or under Part 2”;
in sub-paragraph (iii) omit “4, 4A or”.
omit sub-paragraphs (iv) and (v).
In section 12, in subsection (1)—
in paragraph (b), for “Article 3, 4 or 4A” substitute “any provision
made by or under Part 2”;
in paragraph (c) omit “4, 4A or”;
omit paragraphs (d) and (e).
Section 16 is amended as follows.
In subsection (1)(a) and (b), for “or nicotine” substitute “, vape or nicotine”.
“(3)
In this section “tobacco, vape or nicotine offence” means an offence
falling within section 5(14) or 6(8).”
In section 22, in subsection (1)—
omit the definition of “cigarettes”;
““
nicotine product” has the meaning given by Article 7 of the
Health and Personal Social Services (Northern Ireland) Order 1978;”;
““
tobacco product” has the meaning given by Article 7 of the
Health and Personal Social Services (Northern Ireland) Order 1978;”;
in the definition of “tobacco business”, for “tobacco” substitute
“tobacco products, herbal smoking products”;
““
cigarette papers” has the meaning given by Article 7 of the
Health and Personal Social Services (Northern Ireland) Order 1978;”;““herbal smoking product” has the meaning given by Article 7 of the Health and Personal Social Services (Northern Ireland) Order 1978;”;
““vaping product” has the meaning given by Article 7 of the Health and Personal Social Services (Northern Ireland) Order 1978;”.
The Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 is
amended as follows.
In the heading of Part 1, for “Sale or use” substitute “Use”.
Omit sections 1 to 4.
Omit sections 6 and 7.
In the Health Act 2009 omit section 23.
The Digital Markets, Competition and Consumers Act 2024 is amended as
follows.
In section 151 (consumer protection law: enforcers), in subsection (1), after every district council in Northern Ireland;”.
paragraph (h) insert—
“(ha)
In Schedule 15 (consumer protection enactments), in Part 1, in the Table—
in the entry relating to Article 5 of the Children and Young Persons the Department for the Economy in Northern
(Protection from Tobacco) (Northern Ireland) Order 1991 (S.I.
1991/2872 (N.I. 25)), in column 2, in paragraph (1), before
sub-paragraph (a) insert—
“(aa)
Ireland;”;
in the entry relating to Articles 3 and 4 of the Health and Personal
Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I.
26))—
in column 1, for “Articles 3 and 4” substitute “Part 2”;
in column 2, in paragraph (1), before sub-paragraph (a) the Department for the Economy in Northern
insert—
“(aa)
Ireland;”.
In the Health and Personal Social Services (Northern Ireland) Order 1978
omit Articles 5 and 6.
The Children and Young Persons (Protection from Tobacco) (Northern
Ireland) Order 1991 is revoked.
Schedule 2A to the Police (Northern Ireland) Act 2003 is amended as
follows.
Omit paragraph 7 and the italic heading before it.
In paragraph 8—
omit sub-paragraph (2);
in sub-paragraphs (3), (4) and (5) omit “or (2)”.
The Smoking (Northern Ireland) Order 2006 is amended as follows.
In Article 1, in paragraph (3)(h), for “14 to” substitute “15 and”.
Omit Article 14 (power to change age of sale for tobacco, etc).
In Article 15, in paragraph (3)(a) omit “or 14”.
The Tobacco Retailers Act (Northern Ireland) 2014 is amended as follows.
In section 1, in subsection (4) omit paragraph (c).
In section 11, in subsection (1)(a) omit sub-paragraph (iii).
In section 12, in subsection (1) omit paragraph (c).
Omit section 18.
In Schedule 15 to the Digital Markets, Competition and Consumers Act
2024, in Part 1, in the Table omit the entry relating to Article 5 of the
Children and Young Persons (Protection from Tobacco) (Northern Ireland)
Order 1991 (S.I. 1991/2872 (N.I. 25)).
The Communications Act 2003 is amended as follows.
Section 319 (OFCOM’s standards code for television and radio) is amended
as follows.
In subsection (9), for “subsections (10) to (12)” substitute “subsection (12)”.
Omit subsections (10) and (11).
In section 368F (on-demand programme services: prohibited advertising), herbal smoking products; cigarette papers; vaping products; nicotine products;”.
in subsection (1), for paragraph (aa) substitute—
“(aa)
(ab)
(ac)
(ad)
Section 368G (on-demand programme services: prohibited sponsorship) is
amended as follows.
In subsection (1)(a) and (b), after “ other tobacco products” insert “, herbal
smoking products or cigarette papers”.
In subsection (1A)(a) and (b), for “electronic cigarettes or electronic cigarette
refill containers” substitute “vaping products or nicotine products”.
In section 368H (on-demand programme services: prohibited product it is of herbal smoking products, it is by or on behalf of an undertaking whose principal it is of cigarette papers, it is by or on behalf of an undertaking whose principal it is of vaping products or nicotine products, it is by or on behalf of an undertaking whose principal
placement), in subsection (4), for paragraphs (ba) and (bb) substitute—
“(ba)
(bb)
activity is the manufacture or sale of herbal smoking
products,
(bc)
(bd)
activity is the manufacture or sale of cigarette papers,
(be)
(bf)
activity is the manufacture or sale of vaping products or
nicotine products, or”.
In section 368R (interpretation of Part 4A), in subsection (1)—
omit the definitions of “electronic cigarette” and “electronic cigarette
refill container”;
““
cigarette papers” has the meaning given by section 111 of the
Tobacco and Vapes Act 2024;”;““herbal smoking product” has the meaning given by section 111 of the Tobacco and Vapes Act 2024;”;
““nicotine product” has the meaning given by section 111 of the Tobacco and Vapes Act 2024;”;
Section 368Z (video-sharing platform service: prohibited audiovisual
commercial communications) is amended as follows.
“(b)
herbal smoking products;
(ba)
cigarette papers;
(bb)
vaping products;
(bc)
nicotine products;”.
In subsection (6)—
omit the definitions of “electronic cigarette” and “electronic cigarette
refill container”;
““
cigarette papers” has the meaning given by section 111 of the
Tobacco and Vapes Act 2024;”;““herbal smoking product” has the meaning given by section 111 of the Tobacco and Vapes Act 2024;”;
““nicotine product” has the meaning given by section 111 of the Tobacco and Vapes Act 2024;”;
Schedule 11A (restrictions on product placement) is amended as follows.
“(ba)
of herbal smoking products;
(bb)
by or on behalf of an undertaking whose principal activity
is the manufacture or sale of herbal smoking products;(bc)
of cigarette papers;
(bd)
by or on behalf of an undertaking whose principal activity
is the manufacture or sale of cigarette papers;(be)
of vaping products or nicotine products;
(bf)
by or on behalf of an undertaking whose principal activity
is the manufacture or sale of vaping products or nicotine products; or”.
In paragraph 9—
omit the definitions of “electronic cigarette” and “electronic cigarette
refill container”;
““
tobacco product” has the meaning given by section 111 of the
Tobacco and Vapes Act 2024;”;
““
cigarette papers” has the meaning given by section 111 of the
Tobacco and Vapes Act 2024;”;““herbal smoking product” has the meaning given by section 111 of the Tobacco and Vapes Act 2024;”;
““nicotine product” has the meaning given by section 111 of the Tobacco and Vapes Act 2024;”;
““vaping product” has the meaning given by section 111 of the Tobacco and Vapes Act 2024.”
The Health Act 2006 is amended as follows.
Section 2 is amended as follows.
“(2)
Premises in England are smoke-free if they are workplaces; they
are smoke-free all the time.”
In subsection (3), for “used as a place of work mentioned in subsection (2)”
substitute “a workplace”.
“(7)
In this Part “workplace” means—
(a)
a place of work used by more than one person (even if the
persons who work there do so at different times, or only intermittently), or(b)
a place of work where members of the public might attend
for the purpose of seeking or receiving goods or services from the person or persons working there (even if members of the public are not always present).”
Section 9 (fixed penalties) is amended as follows.
In section 10 (enforcement), in subsections (1), (3) and (5), for “Chapter”,
in each place it occurs, substitute “Part”.
In section 11 (obstruction etc of officers), in subsections (1) and (2), for
“Chapter” substitute “Part”.
Section 12 (interpretation) is amended as follows.
In subsection (1), for “Chapter” substitute “Part”.
““
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);”;““heated tobacco-free place”: see section 8G ;”;
““heated tobacco-free vehicle”: see section 8G ;”;
““open to the public”: premises and places are open to the public if the public or a section of the public has access to them, whether by invitation or not, and whether on payment or not;”;
““performance” includes—
(a)
the performance of a play or a performance given in
connection with the making of a film or television programme, and(b)
a rehearsal;”;
““vape” has the meaning given by section 47 of the Tobacco and Vapes Act 2024;”;
““vape-free place”: see section 8B ;”;
““vape-free vehicle”: see section 8B ;”;
““vaporises” has the meaning given by section 47 of the Tobacco and Vapes Act 2024;
““work” includes voluntary work;”;
““workplace” has the meaning given by section 2 (7) .”.
In subsection (3), for “Chapter” substitute “Part”.
In Schedule 2 (powers of entry etc), in paragraphs, 2(a), 3, 4 and 6(1)(a)
omit “Chapter 1 of”.
The Smoking, Health and Social Care (Scotland) Act 2005 (asp 13) is
amended as follows.
Section 5 is amended as follows.
In the heading, for “sections 1 to 3 and 4A to 4C” substitute “Chapters 1
to 3”.
In subsection (1), for “section 1, 2, 3, 4A, 4B or 4C(5)” substitute “any
provision of Chapter 1, 2 or 3 creating an offence”.
In section 6, in subsection (2), omit “under section 1, 3, 4A, 4B or 4C(5)”.
Section 7 is amended as follows.
“(1)
An authorised officer of the appropriate council may—
(a)
enter and search any no-smoking premises in order to
ascertain whether an offence under section 1, 2 or 3 has been or is being committed there;(b)
enter and search any vape-free premises in order to ascertain
whether an offence under Chapter 2 has been or is being committed there;(c)
enter and search any heated tobacco-free premises in order
to ascertain whether an offence under Chapter 3 has been or is being committed there.”
Omit subsection (1A).
In subsection (3)(a)(i), for “section 1, 2, 3, 4A, 4B or 4C(5)” substitute
“Chapter 1, 2 or 3”.
““
the appropriate council” means the council in the area in which those
premises are.”
“8A Interpretation of Part
In this Part—
“
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);“
no-smoking premises” has the meaning given by section 4(2);“
performance” includes—(a)
the performance of a play or a performance given in
connection with the making of a film or television programme, and(b)
a rehearsal;
“
smoke” has the meaning given by section 4(1);“
vape” has the meaning given by section 35 of the Tobacco
and Primary Medical Services (Scotland) Act 2010;“
vaporises” has the meaning given by section 35 of the Tobacco
and Primary Medical Services (Scotland) Act 2010.”
In section 40, in subsection (3)(a) omit “or 4D(2)(a) or (4)(a)”
Schedule 1 is amended as follows.
In the heading, for “sections 1, 2, 3, 4A, 4B and 4C(5)” substitute “Part 1”.
In paragraph 1—
“(d)
an offence under Chapter 2 in vape-free premises
within the area of the council,(e)
an offence under Chapter 3 in vape-free premises
within the area of the council,”;
in sub-paragraphs (2) and (3), for “ section 1, 2, 3, 4A, 4B or 4C(5)”
substitute “Chapters 1, 2 or 3”.
In paragraph 2, for “section 1, 2, 3, 4A, 4B or 4C(5)” substitute “Chapter 1,
2 or 3”.
In paragraph 4, in sub-paragraph (1), for “section 1, 2, 3, 4A, 4B or 4C(5)“
substitute “Chapter 1, 2 or 3”.
The Public Health (Wales) Act 2017 is amended as follows.
“Dehongli
17A Dehongli’r Bennod hon
(1)
Yn y Bennod hon—
ystyr “cartref gofal i oedolion” (“adult care home”) yw mangre lle y darperir gwasanaeth cartref gofal o fewn yr ystyr a roddir gan baragraff 1 o Atodlen 1 i Ddeddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 (dccc 2) i bersonau sy’n 18 oed neu’n hŷn;
mae “cerbyd” (“vehicle”) yn cynnwys trên, tram, cwch neu long, hofrenfad ac awyren;
mae “cyfarpar maes chwarae” (“playground equipment”) yn cynnwys (er enghraifft) siglen, llithren, pwll tywod, neu ramp, ond nid yw’n cynnwys cyfarpar â modur (megis cyfarpar sy’n rhedeg ar fodur trydanol);
mae i “Cymru” yr ystyr a roddir i “Wales” gan adran 158(1) o Ddeddf Llywodraeth Cymru 2006 (p.32);
mae i “disgybl cofrestredig” yr ystyr a roddir i “registered pupil” gan adran 434(5) o Ddeddf Addysg 1996 (p.56);
ystyr “gofal plant” (“childcare”) yw (yn ddarostyngedig i is-adran (2)) unrhyw ffurf ar ofal ar gyfer plentyn, ac eithrio gofal a ddarperir ar gyfer plentyn gan riant, perthynas neu riant maeth i’r plentyn, ac mae’n cynnwys—
(a)
addysg ar gyfer plentyn, a
(b)
unrhyw weithgaredd arall o dan oruchwyliaeth ar
gyfer plentyn;ystyr “hosbis i oedolion” (“adult hospice”) yw mangre a ddefnyddir yn gyfan gwbl neu’n bennaf ar gyfer darparu gofal lliniarol i bersonau sy’n 18 oed neu’n hŷn, sy’n dioddef o glefyd sy’n gwaethygu ac sydd yn ei gyfnodau olaf, gan neu ar ran sefydliad â’i brif swyddogaeth yw darparu gofal o’r fath;
mae “mangre” (“premises”) yn cynnwys—
(a)
unrhyw fan;
(b)
strwythur symudol ac eithrio cerbyd;
(c)
stondin;
(d)
pabell;
(e)
gosodiad alltraeth o fewn yr ystyr a roddir i “offshore
installation” yn Neddf Gweithiau Mwynau (Gosodiadau Alltraeth) 1971 (p.61) (gweler adran 12 o’r Ddeddf honno);ystyr “perthynas” (“relative”), mewn perthynas â phlentyn, yw llys-riant, mam-gu/nain, tad-cu/taid, modryb, ewythr, brawd neu chwaer (gan gynnwys unrhyw berson sydd yn y berthynas honno yn rhinwedd priodas neu bartneriaeth sifil neu berthynas deuluol barhaus);
ystyr “plentyn” (“child”) yw person o dan 18 oed;
mae “rhiant” (“parent”) yn cynnwys unrhyw berson a chanddo gyfrifoldeb rhiant (o fewn yr ystyr a roddir i “parental responsibility” yn adran 3 o Ddeddf Plant 1989 (p.41)) dros blentyn;
mae i “ysbyty” yr ystyr a roddir i “hospital” gan adran 206 o Ddeddf y Gwasanaeth Iechyd Gwladol (Cymru) 2006 (p.42);
mae i “ysgol” yr ystyr a roddir i “school” gan adran 4 o Ddeddf Addysg 1996 (p.56);
mae “ysmygu” (“smoking” a “smokes”) i gael ei ddarllen yn unol ag adran 4.
(2)
Nid yw cyfeiriadau yn y Bennod hon at “gofal plant” yn cynnwys—
(a)
addysg (neu unrhyw weithgaredd arall o dan oruchwyliaeth)
a ddarperir gan ysgol yn ystod oriau ysgol ar gyfer disgybl cofrestredig, na(b)
unrhyw ffurf ar ofal iechyd ar gyfer plentyn.
(3)
At ddibenion is-adran (1) mae person yn rhiant maeth mewn
perthynas â phlentyn os yw’r person-(a)
yn rhiant maeth awdurdod lleol (o fewn yr ystyr a roddir
gan adran 197 o Ddeddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 (dccc 4)), neu(b)
yn maethu’r plentyn yn breifat.
(4)
Mae cyfeiriadau yn y Bennod hon at “annedd” yn cynnwys tir a
fwynheir gyda mangre pan fo’r fangre ei hun yn annedd, oni bai bod y tir yn dir amaethyddol (o fewn yr ystyr a roddir gan adran 246 o Ddeddf Rhentu Cartrefi (Cymru) 2016 (dccc 1)) sy’n fwy na 0.809 hectar.(5)
Mae cyfeiriadau yn y Bennod hon, sut bynnag y’u mynegir, at
fangreoedd neu gerbydau sy’n ddi-fwg (neu nad ydynt yn ddi-fwg) (neu sy’n cael eu trin fel pe baent yn ddi-fwg) yn gyfeiriadau at y mangreoedd hynny neu’r cerbydau hynny i’r graddau y maent yn ddi-fwg (neu nad ydynt yn ddi-fwg) (neu’n cael eu trin fel pe baent yn ddi-fwg) o dan y Bennod hon neu yn rhinwedd y Bennod hon.(6)
Gall mangreoedd fod yn ddi-fwg yn rhinwedd mwy nag un adran
yn y Bennod hon.(7)
Caiff rheoliadau bennu at ddiben y Bennod hon ystyr “caeedig”,
“sylweddol gaeedig” ac “nad yw’n gaeedig nac yn sylweddol gaeedig.”
“Interpretation
17A Interpretation of this Chapter
(1)
In this Chapter—
“adult care home” (“ cartref gofal i oedolion ”) means premises at which a care home service within the meaning given by paragraph 1 of Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) is provided to persons aged 18 or over;
“adult hospice” (“ hosbis i oedolion ”) means premises wholly or mainly used for the provision of palliative care to persons aged 18 or over, who are suffering from a progressive disease in its final stages, by or behalf of an establishment the primary function of which is the provision of such care;
“child” (“ plentyn ”) means a person aged under 18;
“childcare” (“ gofal plant ”) means (subject to subsection (2)) any form of care for a child, other than care provided for a child by a parent, relative or foster parent of the child, and includes—
(a)
education for a child, and
(b)
any other supervised activity for a child;
“hospital” (“ ysbyty ”) has the meaning given by section 206 of the National Health Service (Wales) Act 2006 (c.42);
“parent” (“ rhiant ”) includes any person who has parental responsibility (within the meaning of section 3 of the Children Act 1989 (c.41)) for a child;
“playground equipment” (“ cyfarpar maes chwarae ”) includes (for example) a swing, slide, sand-pit, or ramp, but does not include powered equipment (such as equipment powered by electric motor);
“premises” (“ mangre ”) includes—
(a)
any place;
(b)
a moveable structure other than a vehicle;
(c)
a stall;
(d)
a tent;
(e)
an offshore installation within the meaning given in
the Mineral Workings (Offshore Installations) Act 1971 (c.61) (see section 12 of that Act);“registered pupil” (“ disgybl cofrestredig ”) has the meaning given by section 434(5) of the Education Act 1996 (c.56);
“relative” (“ perthynas ”), in relation to a child, means a step-parent, grandparent, aunt, uncle, brother or sister (including any person who is in that relationship by virtue of a marriage or civil partnership or an enduring family relationship);
“school” (“ ysgol ”) has the meaning given by section 4 of the Education Act 1996 (c.56);
“smoking” and “smokes” (“ ysmygu ”) are to be read in accordance with section 4;
“vehicle” (“ cerbyd ”) includes a train, tram, vessel, hovercraft and aircraft;
“Wales” (“ Cymru ”) has the meaning given by section 158(1) of the Government of Wales Act 2006 (c.32).
(2)
References in this Chapter to “childcare” do not include—
(a)
education (or any other supervised activity) provided by a
school during school hours for a registered pupil, or(b)
any form of health care for a child.
(3)
For the purposes of subsection (1) a person is a foster parent in
relation to a child if the person—(a)
is a local authority foster parent (within the meaning given
by section 197 of the Social Services and Well-being (Wales) Act 2014 (anaw 4)), or(b)
fosters the child privately.
(4)
References in this Chapter to a “dwelling” include land enjoyed
with premises where the premises themselves constitute a dwelling, unless the land is agricultural land (within the meaning given by section 246 of the Renting Homes (Wales) Act 2016 (anaw 1)) exceeding 0.809 hectares.(5)
References in this Chapter, however expressed, to premises or
vehicles which are (or are not) smoke-free (or treated as smoke-free), are to those premises or vehicles so far as they are (or are not) smoke-free (or treated as smoke-free) under or by virtue of this Chapter.(6)
Premises may be smoke-free by virtue of more than one section in
this Chapter.(7)
Regulations may specify for the purpose of this Chapter what
“enclosed”, “substantially enclosed” and “not enclosed or substantially enclosed” mean.”
Sections 18 to 29 (and the italic heading before section 18) become a new
Chapter 1C of Part 3—
with the heading “Gorfodi a chyffredinol” in the Welsh language
text, and
with the heading “Enforcement and general”, in the English language
text.
In the Welsh language text of section 18, in subsection (3), for
“darpariaethau’r Bennod hon a rheoliadau a wneir odani” substitute
“darpariaethau Penodau 1, 1A ac 1B a’r Bennod hon a rheoliadau a wneir
o dan unrhyw un o’r Penodau hynny”.
In the English language text of section 18, in subsection (3), for “this Chapter
and regulations made under it” substitute “Chapters 1, 1A and 1B and this
Chapter and regulations made under any of those Chapters”.
In the Welsh language text of section 19, in subsection (1)(a), for “adran 5,
6 neu 17” substitute “Bennod 1, 1A neu 1B”.
In the English language text of section 19, in subsection (1)(a), for “section
5, 6 or 17” substitute “Chapter 1, 1A or 1B”.
In the Welsh language text of section 21, in suibsection (1)(a), for “adran
5, 6 neu 17” substitute “Bennod 1, 1A neu 1B”.
In the English language text of section 21, in subsection (1)(a), for “section
5, 6 or 17” substitute “Chapter 1, 1A or 1B”.
In the Welsh language text of section 23, in subsections (1) and (2), for
“adran 5, 6 neu 17” substitute “Bennod 1, 1A neu 1B”.
In the English language text of section 23, in subsections (1) and (2), for
“section 5, 6 or 17” substitute “Chapter 1, 1A or 1B”.
In the Welsh language text of section 25, in subsection (2), for “adran 5, 6
neu 17” substitute “Bennod 1, 1A neu 1B”.
In the English language text of section 25, in subsection (2), for “section 5,
6 or 17” substitute “Chapter 1, 1A or 1B”.
In the Welsh language text of section 26, in subsection (2)(a), for “adran 5,
6 neu 17” substitute “Bennod 1, 1A neu 1B”.
In the English language text of section 26, in subsection (2)(a), for “section
5, 6 or 17” substitute “Chapter 1, 1A or 1B”.
The Welsh language text of section 27 is amended as follows.
The English language text of section 27 is amended as follows.
“28 Dehongli’r Bennod hon
(1)
Yn y Bennod hon—
mae “awdurdod gorfodi” (“enforcement authority”) i gael ei ddehongli yn unol ag adran 18;
mae “cerbyd” (“vehicle”) yn cynnwys trên, tram, cwch neu long, hofrenfad ac awyren;
mae i “Cymru” yr ystyr a roddir i “Wales” gan adran 158(1) o Ddeddf Llywodraeth Cymru 2006 (p.32);
mae “mangre” (“premises”) yn cynnwys—
(a)
unrhyw fan;
(b)
strwythur symudol ac eithrio cerbyd;
(c)
stondin;
(d)
pabell;
(e)
gosodiad alltraeth o fewn yr ystyr a roddir i “offshore
installation” yn Neddf Gweithiau Mwynau (Gosodiadau Alltraeth) 1971 (p.61) (gweler adran 12 o’r Ddeddf honno);mae i “swyddog awdurdodedig” (“authorised officer”) yr ystyr a roddir gan adran 18(5).
(2)
Mae cyfeiriadau yn y Bennod hon at “annedd” yn cynnwys tir a
fwynheir gyda mangre pan fo’r fangre ei hun yn annedd, oni bai bod y tir yn dir amaethyddol (o fewn yr ystyr a roddir gan adran 246 o Ddeddf Rhentu Cartrefi (Cymru) 2016 (dccc 1)) sy’n fwy na 0.809 hectar.”
“28 Interpretation of this Chapter
(1)
In this Chapter—
“authorised officer” (“ swyddog awdurdodedig ”) has the meaning given by section 18(5);
“enforcement authority” (“ awdurdod gorfodi ”) is to be interpreted in accordance with section 18;
“premises” (“ mangre ”) includes—
(a)
any place;
(b)
a moveable structure other than a vehicle;
(c)
a stall;
(d)
a tent;
(e)
an offshore installation within the meaning given in
the Mineral Workings (Offshore Installations) Act 1971 (c.61) (see section 12 of that Act);“vehicle” (“ cerbyd ”) includes a train, tram, vessel, hovercraft and aircraft;
“Wales” (“ Cymru ”) has the meaning given by section 158(1) of the Government of Wales Act 2006 (c.32).
(2)
References in this Chapter to a “dwelling” include land enjoyed
with premises where the premises themselves constitute a dwelling, unless the land is agricultural land (within the meaning given by section 246 of the Renting Homes (Wales) Act 2016 (anaw 1)) exceeding 0.809 hectares.”
The Smoking (Northern Ireland) Order 2006 is amended as follows.
““
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);”;““open to the public”: premises and places are open to the public if the public or a section of the public has access to them, whether by invitation or not, and whether on payment or not;”;
““performance” includes—
(a)
the performance of a play or a performance given in
connection with the making of a film or television programme, and(b)
a rehearsal;”;
““relevant vape” means a vape that is not a heated tobacco device;”;
““vape” has the meaning given by Article 7 of the Health and Personal Social Services (Northern Ireland) Order 1978;”;
““vaporises” has the meaning given by Article 7 of the Health and Personal Social Services (Northern Ireland) Order 1978;”
““workplace” has the meaning given by Article 3 (7) ;”.
Article 3 is amended as follows.
“(2)
Premises are smoke-free if they are workplaces; they are smoke-free
all the time.”
In paragraph (3), for “used as a place of work mentioned in paragraph (2)”
substitute “a workplace”.
“(7)
In this Order “workplace” means—
(a)
a place of work used by more than one person (even if the
persons who work there do so at different times, or only intermittently), or(b)
a place of work where members of the public might attend
for the purpose of seeking or receiving goods or services from the person or persons working there (even if members of the public are not always present).”
In section 5 of the Health (Miscellaneous Provisions) Act (Northern Ireland)
2016 omit subsection (8).
The Tobacco Advertising and Promotion Act 2002 is repealed.
In Schedule 17 to the Communications Act 2003 omit paragraph 173 and
the italic heading before it.
In Schedule 3 to the Regulatory Enforcement and Sanctions Act 2008 omit
the reference to the Tobacco Advertising and Promotion Act 2002.
The Health Act 2009 is amended as follows.
Omit sections 20 and 21.
Section 40 is amended as follows.
In subsection (2) omit paragraph (b).
Omit subsection (3).
In subsection (4) for “to (3)” substitute “or (2)”.
In subsection (5) omit paragraphs (a) and (b).
In subsection (6) omit paragraphs (b) and (c).
In subsection (7) omit paragraphs (b) and (c).
Omit Schedule 4.
The Tobacco and Primary Medical Services (Scotland) Act 2010 is amended
as follows.
Omit section 2.
In section 3 omit subsection (5).
The Tobacco and Related Products Regulations 2016 are amended as follows.
In regulation 12, in paragraph (1), for “not otherwise made unlawful by
the provisions of the Tobacco Advertising and Promotion Act 2002”
substitute “not otherwise unlawful”.
Omit Part 7.
In regulation 48 omit paragraph (e).
Regulation 50 is amended as follows.
Omit paragraphs (2) to (4).
In paragraph (5) omit “or (2)”.
In paragraph (7) omit “or (2)”.
In regulation 53 omit paragraph (5).
Omit Schedule 1.
The Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 is amended
as follows.
Omit section 17.
Omit section 19.
In Schedule 15 to the Digital Markets, Competition and Consumers Act
2024, in Part 1, in the Table omit the entry relating to the Tobacco
Advertising and Promotion Act 2002.
The Media Act 2024 is amended as follows.
In Schedule 2, omit paragraph 21 and the italic heading before it.
In Schedule 4 omit paragraph 28 and the italic heading before it.
A
bill
to
Make provision about the supply of tobacco, vapes and other products, including provision prohibiting the sale of tobacco to people born on or after 1 January 2009 and provision about the licensing of retail sales and the registration of retailers; to enable product and information requirements to be imposed in connection with tobacco, vapes and other products; to control the advertising and promotion of tobacco, vapes and other products; and to make provision about smoke-free places, vape-free places and heated tobacco-free places.
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