Tobacco and Vapes Act 2026

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It is illegal to sell tobacco products to anyone born on or after 1 January 2009

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It is illegal to sell tobacco products to anyone born on or after 1 January 2009

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Mae’n anghyfreithlon gwerthu cynhyrchion tybaco i unrhyw un a anwyd ar neu ar ôl 1 Ionawr 2009

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section 32 of the Tobacco and Vapes Act 2024.

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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.

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

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

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(5) The notice must comply with any requirements set out in regulations made by the Scottish Ministers as to the size or appearance of—

(a) the statement on the notice to be displayed in accordance with this section, or

(b) any other aspect of the notice.

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9C Possession of snus etc with intent to supply

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

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

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

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

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

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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 an automatic machine from which any of the following may be bought (regardless of whether the machine also sells other products)—

(a) tobacco products;

(b) herbal smoking products;

(c) cigarette papers;

(d) vaping products;

(e) nicotine products.

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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) In subsection (1)(a) a reference to a product includes anything that represents the product and that is intended to be exchanged for it at the point of sale.

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

(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.

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section 3A(1)

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Free distribution etc

8A Free distribution and discount of products

(1) A person commits an offence if—

(a) the person—

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

(ii) causes or permits that to happen, and

(b) either—

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

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

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

(a) a tobacco product,

(b) a herbal smoking product,

(c) a smoking related product,

(d) a vaping product, or

(e) a nicotine product.

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

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

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

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

8B Free distribution of products: defences

(1) Where a person is charged with an offence under section 8A of giving 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 Scottish Ministers may by regulations create further defences to the offence under section 8A of giving away a vaping product or nicotine product or a coupon for such a product.

(3) Regulations under this section may amend this Part.

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section 8B

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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.

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section 34A

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4G Possession of snus etc with intent to supply

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

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

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

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

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

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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.

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Licensing of retail sales of tobacco products etc

4A Prohibition of retail sales of tobacco products etc without a licence

(1) An individual must not do any of the following things except under the authority of and in accordance with a personal licence—

(a) sell relevant products;

(b) expose relevant products for sale;

(c) possess relevant products for the purpose of their sale (by the individual or another person).

(2) A person must not use or permit the use of premises for any of the following things except under the authority of and in accordance with a premises licence—

(a) the storage of relevant products for the purpose of their sale (by the person or another person);

(b) the exposure of relevant products for sale;

(c) the supply of relevant products to retail customers.

(3) Regulations may create exceptions to the prohibition in subsection (1) or (2).

(4) Regulations must make provision for and in connection with the grant of personal licences and premises licences.

(5) Before making regulations under this section the Department must consult any persons the Department considers it appropriate to consult.

(6) Schedule 1 makes further provision about regulations under subsection (4).

(7) 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—

(a) tobacco products;

(b) herbal smoking products;

(c) cigarette papers;

(d) vaping products;

(e) nicotine products;

sell means sell by retail;

supply includes despatch.

4B Offences in connection with licences

(1) A person who breaches the prohibition in section 4A(1) or (2) commits an offence.

(2) A person commits an offence if—

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

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

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

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

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

(3) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

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

(5) In this section—

grant includes variation or renewal;

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

personal licence has the meaning given by section 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 council may impose a financial penalty on a person if satisfied that—

(a) the person has breached a condition attached to a personal licence or a premises licence, and

(b) the breach of that condition does not constitute an offence under section 4B.

(2) The amount of the financial penalty must not exceed £2,500.

(3) Regulations may amend the amount specified in subsection (2) for the purpose of reflecting inflation.

(4) Schedule 2 makes further provision about the imposition of financial penalties under this section.

(5) In this section “personal licence” and “premises licence” have the meaning given by section 4A(7).

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Power to extend this Part

6B Power to extend this Part to other products

(1) The Department 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 (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 Article the Department must consult any persons it considers it appropriate to consult.

(3) Regulations may not be made by the Department under this Article unless a draft of the regulations has been laid before and approved by a resolution of the Assembly.

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21A Power to extend Act to other products

(1) The Department may by regulations amend this Act 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 Department must consult any persons the Department considers it appropriate to consult.

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

(1) All public designated enforcers, other than—

(a) the Department for the Economy in Northern Ireland;

(b) the Department of Health in Northern Ireland;

(c) the Department for Infrastructure in Northern Ireland;

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

(e) the Maritime and Coastguard Agency;

(f) the Office for the Traffic Commissioner;

(g) the Secretary of State.

(2) All private enforcers.

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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.

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(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.

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

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

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

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

(b) how and where signs are to be displayed.

(4) The Secretary of State may by regulations create exceptions to the duty in subsection (2).

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

(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.

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

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

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

(b) how and where signs are to be displayed.

(5) The Secretary of State may by regulations create exceptions to the duty in subsection (2).

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

(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.

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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.

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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).

”

“

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).

”

“

(8) 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.

”

“

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

”

“

(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.

”

“

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

”

“

(d) ar gyfer eithriadau, y gellir eu llunio drwy gyfeirio at y dynodiad gan berson o ardaloedd nad ydynt yn ddi-fwg.

”

“

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

”

“

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 48 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 48 o Ddeddf Tybaco a Fêps 2024;

mae i fêp perthnasol (“relevant vape”) yr ystyr a roddir gan adran 17C(5);

mae perfformiad (“performance”) yn cynnwys—

(a) perfformio drama neu berfformiad a roddir mewn cysylltiad â gwneud ffilm neu raglen deledu, a

(b) ymarfer.

”

“

Chapter 1A — Vaping

17B Vape-free places and vehicles

(1) Regulations may designate places or vehicles in Wales as vape-free.

(2) Only smoke-free premises or smoke-free vehicles may be designated as vape-free.

(3) The regulations may, among other things—

(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) 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).

17C Offence of vaping in vape-free places or vehicles

(1) A person commits an offence if the person uses a relevant vape—

(a) in a vape-free place;

(b) in a vape-free vehicle.

(2) 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 concerned was a vape-free place or a vape-free vehicle, or

(b) that—

(i) the person using the vape was using it 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 section relies on a 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.

(5) In this Chapter “relevant vape” means a vape that is not a heated tobacco device.

17D Offence of failing to prevent vaping

(1) A person who controls or is concerned in the management of place that is vape-free must take reasonable steps to 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 take reasonable steps to cause a person using a relevant vape in the vehicle to stop using the vape.

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

(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 vape.

(5) It is a defence for a person charged with an offence under this section 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 section relies on the 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) 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.

17E Signs: vape-free places and vehicles

(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) 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.

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

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

(6) 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 vape-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.

(7) If a person charged with an offence under this section 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 this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(9) This section does not apply in respect of any premises used to any extent as a dwelling.

17F Interpretation of this Chapter

In 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) 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 (“fêp perthnasol”) has the meaning given by section 17C(5);

vape (“fêp”) has the meaning given by section 48 of the Tobacco and Vapes Act 2024;

vaporises (“anweddu”) has the meaning given by section 48 of the Tobacco and Vapes Act 2024.

”

“

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).

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

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

(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).

”

“

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.

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