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.
Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part 1 — Sale and distribution: England and Wales¶
Sale of tobacco etc¶
1 Sale of tobacco etc¶
2 Purchase of tobacco etc on behalf of others¶
3 Tobacco vending machines¶
4 Sale of unpackaged cigarettes¶
5 Age of sale notice at point of sale: England¶
.It is illegal to sell tobacco products to anyone born on or after 1 January 2009
6 Age of sale notice at point of sale: Wales¶
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
Snus etc¶
7 Ban on manufacture of snus etc¶
8 Ban of sales of snus etc¶
9 Possession of snus etc with intent to supply¶
Sale of vaping and nicotine products etc¶
10 Sale of vaping or nicotine products to under 18s¶
11 Purchase of vaping or nicotine products on behalf of under 18s¶
12 Vaping and nicotine product vending machines¶
Displays of products or prices¶
13 Displays of products or prices in England¶
14 Displays of products or prices in Wales¶
Free distribution and discounts¶
15 Free distribution and discount of products¶
Retail licensing: England¶
16 Prohibition of retail sales of tobacco products etc in England without a licence¶
17 Offences in connection with licences: England¶
18 Financial penalties for breach of licence conditions: England¶
Retail licensing: Wales¶
19 Prohibition of retail sales of tobacco products etc in Wales without a licence¶
20 Offences in connection with licences: Wales¶
21 Financial penalties for breach of licence conditions: Wales¶
22 Repeal of register of retailers of tobacco and nicotine products in Wales etc¶
In the Public Health (Wales) Act 2017 (anaw 2), in Part 3 (tobacco and nicotine products) omit Chapter 2 (retailers of tobacco and nicotine products).Restricted premises orders¶
23 Restricted premises orders¶
24 Restricted premises orders: interested persons¶
25 Restricted premises orders: appeals¶
An appeal against an order made under section 23 or 24 may be brought to the Crown Court.26 Breach of restricted premises orders¶
27 Power to extend restricted premises orders in Wales¶
Restricted sale orders¶
28 Restricted sale orders¶
29 Restricted sale orders: appeals¶
An appeal against an order made under section 28 may be brought to the Crown Court.30 Breach of restricted sale orders¶
Offences by bodies¶
31 Liability of others for certain offences committed by bodies¶
Enforcement functions¶
32 Enforcement by local weights and measures authorities¶
section 32 of the Tobacco and Vapes Act 2024.
33 Programme of enforcement action: England¶
34 Programme of enforcement action: Wales¶
an offence under either of the following provisions of the Public Health (Wales) Act 2017 (anaw 2)—
section 51A (offence of handing over tobacco etc. to people born on or after 1 January 2009);
section 52 (offence of handing over vaping or nicotine products to under 18s).
Powers of ministers to take over enforcement¶
35 Power of ministers to take over enforcement functions¶
36 Power of ministers to take over proceedings¶
Fixed penalties¶
37 Fixed penalty notices¶
38 Fixed penalties: use of proceeds¶
39 Power to change amount of fixed penalties¶
Handing over tobacco etc to underage people in Wales¶
40 Handing over tobacco etc to underage people in Wales¶
Schedule 5 contains amendments to Chapter 4 of Part 3 of the Public Health (Wales) Act 2017 (anaw 2) (handing over tobacco, cigarettes and nicotine products to persons under 18), including—Consequential, transitional and transitory provision¶
41 Consequential amendments to do with Part 1¶
42 Application of programmes of enforcement to old age of sale offences¶
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—43 Application of fixed penalty regime to old age of sale offences¶
44 Transitional provision: general¶
Powers to adjust scope¶
45 Power to extend Part 1 to other products¶
Crown application¶
46 Crown application¶
Interpretation etc¶
47 Interpretation of Part 1¶
In this Part—48 Meaning of “nicotine product”¶
Part 2 — Sale and distribution: Scotland¶
Sale of tobacco etc¶
49 Age of sale for tobacco products etc¶
;(6) In this section “sell” means sell by retail.
;(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).
50 Sale of unpackaged cigarettes¶
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;
51 Repeal of offence of purchasing tobacco products by under 18s¶
52 Repeal of power to confiscate tobacco products from persons under 18¶
Omit section 7 of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) (confiscation of tobacco products from people under 18).53 Extension of tobacco legislation to herbal smoking products¶
.herbal smoking product means a product consisting wholly or partly of vegetable matter and intended to be smoked but not containing tobacco,
54 Power to make provision about warning statements¶
(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.
Snus etc¶
55 Ban on manufacture of snus etc¶
After section 9 of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) insert—Snus etc
9A Ban on manufacture of snus etc
(1) It is an offence to manufacture a relevant oral tobacco product. (2) In subsection (1) “relevant oral tobacco product” means a tobacco product that— (a) is intended for oral use, (b) is not intended to be inhaled or chewed, and (c) consists wholly or partly of tobacco in powder or particulate form. (3) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.
56 Ban on sales of snus etc¶
After section 9A of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) (inserted by section 55 of this Act) insert—9B Ban on sales of snus etc
(1) It is an offence to— (a) sell a relevant oral tobacco product, or (b) offer or expose a relevant oral tobacco product for sale. (2) In subsection (1) “relevant oral tobacco product” has the meaning given by section 9A(2). (3) It is a defence for a person charged with an offence under this section to prove that they took all reasonable steps to avoid the commission of the offence. (4) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.
57 Possession of snus etc with intent to supply¶
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.
Vaping and nicotine products¶
58 Extension of offences to vaping and nicotine products¶
;(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.
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.
59 Meaning of “nicotine product”¶
Before section 36 of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) insert—35B Meaning of “nicotine product” in this Part
(1) In this Part, a “nicotine product” is— (a) a device which is intended to enable nicotine to be delivered into the human body, (b) an item which is intended to form part of a device within paragraph (a), (c) nicotine, or any substance containing nicotine, which is intended to be delivered into the human body, or (d) an item containing anything within paragraph (c). (2) But the following are not nicotine products— (a) a tobacco product; (b) a smoking related product; (c) a herbal smoking product; (d) any device which is intended to be used for the consumption of tobacco products or herbal smoking products; (e) a vaping product; (f) a medicinal product; (g) a medical device.
Age verification¶
60 Age verification in relation to tobacco and vaping products etc¶
;(b) the accused had taken such steps as may be prescribed to establish the customer’s age.
;(b) the accused had taken such steps as may be prescribed to establish the customer’s age.
Displays of products or prices¶
61 Displays of vaping and nicotine products¶
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.
.section 3A(1)
Free distribution and discounts¶
62 Free distribution and discount of products¶
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.
.section 8B
Alignment of definitions¶
63 Alignment of definition of “tobacco product”¶
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,
64 Alignment of definition of “vaping product”¶
Schedule 8 contains provision for the purposes of aligning the definition of “vaping product” in the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) with that used elsewhere in this Act.Extension of retailer register etc¶
65 Extension of retailer register etc¶
Schedule 9 contains amendments to the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) for the purposes of extending Chapter 2 of Part 1 of that Act (register of tobacco and nicotine vapour product retailers) so that it applies in relation to herbal smoking products and nicotine products.Miscellaneous¶
66 Crown application of 2010 Act¶
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”.67 Power to extend 2010 Act to other products¶
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.
.section 34A
Part 3 — Sale and distribution: Northern Ireland¶
Sale of tobacco etc¶
68 Age of sale for tobacco products etc¶
For Article 3 of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) substitute—3 Sale of tobacco etc
(1) It is an offence to sell any of the following to a person born on or after 1 January 2009— (a) a tobacco product; (b) a herbal smoking product; (c) cigarette papers. (2) It is a defence for a person charged with an offence under this Article to prove— (a) that they took such steps as may be specified in regulations made by the Department to verify that the customer was born before 1 January 2009, or (b) that they otherwise took all reasonable steps to avoid the commission of the offence. (3) Regulations under paragraph (2)(a) are subject to negative resolution. (4) A person guilty of an offence under this Article is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
69 Purchase of tobacco on behalf of others¶
For Article 4A of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) substitute—4A Purchase of tobacco etc on behalf of persons born on or after 1 January 2009
(1) It is an offence for a person aged 18 or over to buy, or attempt to buy, any of the following on behalf of a person born on or after 1 January 2009— (a) a tobacco product; (b) a herbal smoking product; (c) cigarette papers. (2) It is a defence for a person charged with an offence under this Article to prove that they had no reason to suspect that the other person was born on or after 1 January 2009. (3) It is a defence for a person charged with an offence under this Article in respect of cigarette papers to prove that they had no reason to suspect that the other person intended to use the papers for smoking. (4) A person guilty of an offence under this Article is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
70 Tobacco vending machines¶
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—4B Tobacco vending machines
(1) A person commits an offence if the person has the management or control of premises on which a tobacco vending machine is available for use. (2) A person guilty of an offence under this Article is liable on summary conviction to a fine not exceeding level 5 on the standard scale. (3) In this Article “tobacco vending machine” means a machine from which any of the following products may be bought or from which they are dispensed to a customer in connection with a sale— (a) tobacco products, (b) herbal smoking products, or (c) cigarette papers.
71 Sale of unpackaged cigarettes¶
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—4C Sale of unpackaged cigarettes
(1) It is an offence for a tobacco retailer to sell cigarettes that are not in their original packaging. (2) A person guilty of an offence under this Article is liable on summary conviction to a fine not exceeding level 3 on the standard scale. (3) In this Article “original packaging” means the retail packaging in which the cigarettes were supplied to the tobacco retailer for the purpose of sale.
72 Age of sale notice at point 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—4D Age of sale notice at point of sale
(1) A tobacco retailer must display an age of sale notice at any premises at which they sell tobacco products. (2) For the purposes of this Article an “age of sale notice” is a notice containing the following statement— .It is illegal to sell tobacco products to anyone born on or after 1 January 2009 (3) The notice must be displayed in a prominent position where it is readily visible to people at each point of sale of tobacco products. (4) The notice must comply with any requirements set out in regulations made by the Department as to the size or appearance of— (a) the statement on the notice, or (b) any other aspect of the notice. (5) Regulations under paragraph (4) are subject to negative resolution. (6) A person who fails to display an age of sale notice as required by this Article commits an offence. (7) It is a defence for a person charged with an offence under this Article to prove that they took all reasonable steps to avoid the commission of the offence. (8) 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.
Snus etc¶
73 Ban on manufacture of snus etc¶
After Article 4D of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section 72 of this Act) insert—Snus etc
4E Ban on manufacture of snus etc
(1) It is an offence to manufacture a relevant oral tobacco product. (2) In paragraph (1) “relevant oral tobacco product” means a tobacco product that— (a) is intended for oral use, (b) is not intended to be inhaled or chewed, and (c) consists wholly or partly of tobacco in powder or particulate form. (3) A person guilty of an offence under this Article is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months, or a fine not exceeding the statutory maximum, or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.
74 Ban of sales of snus etc¶
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—4F Ban on sales of snus etc
(1) It is an offence to— (a) sell a relevant oral tobacco product, or (b) offer or expose a relevant oral tobacco product for sale. (2) In paragraph (1) “relevant oral tobacco product” has the meaning given by Article 4E(2). (3) It is a defence for a person charged with an offence under this Article to prove that they took all reasonable steps to avoid the commission of the offence. (4) A person guilty of an offence under this Article is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months, or a fine not exceeding the statutory maximum, or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.
75 Possession of snus etc with intent to supply¶
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.
Vaping and nicotine products¶
76 Sale of vaping or nicotine products to under 18s¶
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—Vaping and nicotine products
4H Sale of vaping or nicotine products to under 18s
(1) It is an offence to sell a vaping product or nicotine product to 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— (a) that they took such steps as may be specified in regulations made by the Department to verify that the customer was at least 18 years old, or (b) that they otherwise took all reasonable steps to avoid the commission of the offence. (3) Regulations under paragraph (2)(a) are subject to negative resolution. (4) A person guilty of an offence under this Article is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
77 Purchase of vaping or nicotine products on behalf of under 18s¶
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.
78 Vaping and nicotine product vending machines¶
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—4J Vaping and nicotine product vending machines
(1) A person commits an offence if the person has the management or control of premises on which a vape vending machine or a nicotine product vending machine is available for use. (2) A person guilty of an offence under this Article is liable on summary conviction to a fine not exceeding level 5 on the standard scale. (3) In this Article— nicotine product vending machine means a machine— (a) from which nicotine products may be bought, or (b) from which they are dispensed to a customer in connection with a sale; vape vending machine means a machine— (a) from which vaping products may be bought, or (b) from which they are dispensed to a customer in connection with a sale.
Displays of products or prices¶
79 Displays of products and prices in Northern Ireland¶
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—Displays of products or prices
4K Displays of products or prices
(1) The Department 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 paragraph (1) “relevant product” means— (a) tobacco products, (b) tobacco related devices, (c) herbal smoking products, (d) cigarette papers, (e) vaping products, or (f) nicotine products. (3) In paragraph (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 paragraph (1) may create offences in relation to a failure to comply with the regulations. (5) The regulations must provide for any offence to be triable on indictment or summarily and punishable— (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. (6) Before making regulations under this Article the Department must consult any persons it considers it appropriate to consult. (7) 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.
Free distribution and discounts¶
80 Free distribution and discount of products¶
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—Free distribution and discounts
4L Free distribution and discounts of products
(1) A person commits an offence if— (a) the person— (i) gives away a product or coupon to a member of the public or sells a product or coupon at a substantial discount, or (ii) causes or permits that to happen, and (b) either— (i) their purpose in doing so is to promote a relevant product, or (ii) the effect of their doing so is to promote a relevant product and they know, or have reason to suspect, that will be the effect. (2) In paragraph (1) “relevant product” means— (a) a tobacco product, (b) a herbal smoking product, (c) cigarette papers, (d) a vaping product, or (e) a nicotine product. (3) Where a person is charged with an offence under this Article of giving away a vaping product or nicotine product, or a coupon for such a product, it is a defence for the person to prove that the product or coupon was given away in accordance with arrangements made by a public authority. (4) A person guilty of an offence under this Article is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months, or a fine not exceeding the statutory maximum, or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both. (5) In this Article “coupon” means anything (whether in physical or electronic form) which, by itself or together with something else, can be redeemed for a product or service or for cash or any other benefit.
Enforcement¶
81 Programme of enforcement action by district councils¶
Before Article 7 of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) insert—Enforcement
6A Programme of enforcement action by district councils
(1) Each district council must, at least once a year, consider— (a) whether it is appropriate to carry out a programme of enforcement action in its area, and (b) if so, what that programme should involve. (2) In paragraph (1) “programme of enforcement action” means a programme involving one or more of the following— (a) the investigation of complaints in respect of an alleged offence under— (i) this Part or regulations under Article 4K, or (ii) the Tobacco Retailers Act (Northern Ireland) 2014; (b) the bringing of prosecutions in respect of such an offence; (c) the taking of other measures intended to reduce the incidence of such offences.
Interpretation of 1978 Order¶
82 Interpretation of 1978 Order¶
For Article 7 of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) substitute—Interpretation
7 Interpretation of Part 2
In this Part—cigarette papers includes anything intended to be used for encasing tobacco products or herbal smoking products for the purpose of enabling them to be smoked; 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) a device which— (i) vaporises substances, other than tobacco, for the purpose of inhalation through a mouthpiece (whether or not it also vaporises tobacco), and (ii) is not a medical device or a medicinal product, or (b) an item which is intended to form part of a device within paragraph (a) (including anything intended to be attached to it with a view to imparting flavour); vaping product means— (a) a vape, or (b) a vaping substance; vaping substance means a substance, other than tobacco, that is intended to be vaporised by a vape; vaporises includes aerosolises; vehicle means every type of vehicle, including a vessel, aircraft and hovercraft. 7A Meaning of nicotine product
(1) In this Part “nicotine product” means— (a) a device which is intended to enable nicotine to be delivered into the human body, (b) an item which is intended to form part of a device within sub-paragraph (a), (c) nicotine, or any substance containing nicotine, which is intended to be delivered into the human body, or (d) an item containing anything within sub-paragraph (c). (2) But the following are not “nicotine products” for the purposes of this Article— (a) a tobacco product; (b) a herbal smoking product; (c) cigarette papers; (d) any device which is intended to be used for the consumption of tobacco products; (e) a vaping product; (f) a medical device; (g) a medicinal product.
Retailer register and licensing¶
83 Extension of retailer register¶
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.84 Prohibition of retail sales of tobacco products etc without a licence¶
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).
Powers to extend legislation¶
85 Power to extend legislation to other products¶
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 tobacco related 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.
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.
Consequential etc, transitional and transitory provision¶
86 Consequential and other amendments¶
87 Transitional provision¶
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).Part 4 — Snus etc: seizure and detention powers¶
88 Power of officer of Revenue and Customs to seize and detain snus etc¶
Part 5 — Product and information requirements etc¶
Product requirements etc¶
89 Retail packaging¶
90 Features of products¶
91 Contents and flavour¶
92 Substances released into human body and emissions¶
Non-compliant images¶
93 Non-compliant images¶
Registration and information requirements¶
94 Registration¶
95 Information¶
96 Studies¶
97 Responsible person¶
Quality control and safety¶
98 Testing¶
99 Product safety¶
Matters dealt with by 2016 Regulations¶
100 Matters dealt with by 2016 Regulations¶
101 Treatment of 2016 Regulations¶
The Tobacco and Related Products Regulations 2016 (S.I. 2016/507), so far as they contain provision that could be made under a regulation-making power conferred by this Part, are treated for the purposes of section 14 of the Interpretation Act 1978 (implied power to amend or revoke) as having been made under that power.Supplementary and miscellaneous¶
102 Offences¶
103 Enforcement¶
in Part 2 (consumer safety)—
sections 14 and 15 (suspension notices);
sections 16 and 17 (forfeiture);
section 18 (power to obtain information);
104 Sub-delegation¶
Regulations under this Part may confer discretions.105 Power to make provision binding the Crown¶
106 Power to amend legislation¶
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).107 Consequential repeal¶
In the Children and Families Act 2014 omit section 94.108 Enforcement of 2016 Regulations¶
In Schedule 15 to the Digital Markets, Competition and Consumers Act 2024 (consumer protection enactments), in Part 1—;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.
Consultation and consent¶
109 Consultation¶
Before making regulations under this Part the Secretary of State must consult any persons the Secretary of State considers it appropriate to consult.110 Consent to regulations under Part 5¶
Before making regulations under this Part the Secretary of State must obtain the consent of—Interpretation¶
111 Interpretation of Part 5¶
In this Part—112 Meaning of “nicotine product”¶
Part 6 — Advertising and sponsorship¶
Advertising¶
113 Publishing advertisements¶
114 Designing advertisements¶
115 Printing advertisements¶
116 Distributing advertisements¶
117 Causing publication, designing, printing or distribution¶
118 Internet services¶
119 Advertising: defences¶
120 Specialist tobacconists¶
121 Exclusion for advertisements that are displays¶
Brandsharing¶
122 Brandsharing¶
Sponsorship¶
123 Sponsorship: tobacco products¶
124 Sponsorship: vaping and nicotine and other products¶
Audiovisual services and radio broadcasting¶
125 Audiovisual services and radio broadcasting¶
This Part does not apply in relation to anything included in—126 Extension of provisions about audiovisual and radio broadcasting¶
Schedule 16 contains—Offences by bodies¶
127 Liability of others for offences committed by bodies¶
Enforcement¶
128 Enforcement authorities¶
129 Power of ministers etc to take over enforcement functions¶
130 Power of ministers etc to take over proceedings¶
Alignment of definition in old advertising legislation pending replacement¶
131 Alignment of definition of “tobacco product” in old legislation¶
In section 1 of the Tobacco Advertising and Promotion Act 2002 (interpretation), for the definition of “tobacco product” substitute—tobacco product means a product consisting wholly or partly of tobacco and intended to be smoked, sniffed, sucked, chewed or consumed in any other way.
Power to extend advertising legislation¶
132 Power to extend Part 6 and Communications Act 2003 to other products¶
Crown application¶
133 Crown application¶
Interpretation¶
134 Interpretation of Part 6¶
In this Part—Part 7 — Smoke-free places, vape-free places and other free-from places¶
England¶
135 Addition of smoke-free places in England¶
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.
;(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.
136 Smoke-free premises: recasting of power to exempt performers¶
(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.
;(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.
137 No-smoking signs in England¶
(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).
138 Vape-free places in England¶
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.
139 Heated tobacco-free places in England¶
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.
140 Amendments consequential on sections 135 to 139¶
Schedule 17 contains amendments consequential on sections 135 to 139.Scotland¶
141 No-smoking premises in Scotland¶
;(2) In this Part, “no-smoking premises” means such premises as are prescribed by regulations made by the Scottish Ministers. (3) Premises other than vehicles may be prescribed as no-smoking premises only if they are— (a) wholly or substantially enclosed, (b) workplaces, or (c) open to the public. (4) If premises that are not wholly or substantially enclosed are 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) The power to prescribe no-smoking 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. (6) Regulations prescribing premises as no smoking-premises may, in particular— (a) provide for them to be no-smoking premises, 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 in which smoking is permitted. (7) The Scottish Ministers must consult such persons as they consider appropriate before making any regulations under this section. (8) The Scottish Ministers may by regulations define or elaborate the meaning of “wholly or substantially enclosed” in subsection (3)(a). (9) In this section— 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) 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).
;(a) specified in Schedule 1 to these Regulations, and (b) wholly or substantially enclosed, subject to paragraph (2).
;(2) But “no smoking-premises” does not include anything specified in Schedule 2 to these Regulations.
142 No-smoking signs in Scotland¶
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.
143 Vape-free premises in Scotland¶
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).
144 Heated tobacco-free premises in Scotland¶
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).
145 Amendments consequential on sections 141 to 144¶
Schedule 18 contains amendments consequential on sections 141 to 144.Wales¶
146 Smoke-free places and vehicles in Wales: duty to consult¶
(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.
147 Smoke-free vehicles in Wales¶
(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.
148 No-smoking signs in Wales¶
(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).
(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).
149 Vape-free places in Wales¶
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 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 47 of the Tobacco and Vapes Act 2024; vaporises (“anweddu”) has the meaning given by section 47 of the Tobacco and Vapes Act 2024.
150 Heated tobacco-free places in Wales¶
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) 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).
151 Amendments consequential on sections 146 to 150¶
Schedule 19 contains amendments consequential on sections 146 to 150.Northern Ireland¶
152 Additional smoke-free places in Northern Ireland¶
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.
;(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.
153 No-smoking signs in Northern Ireland¶
(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).
154 Vape-free places in Northern Ireland¶
vape-free place: see Article 9A; vape-free vehicle: see Article 9A;
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) Regulations under paragraph (1) or (2) may, in particular, impose requirements about— (a) the content or appearance of a sign (for example, requirements as to its size, design, colour, or wording); (b) how and where signs are to be displayed. (4) Regulations may create exceptions to the duty in paragraph (2). (5) A person who fails to comply with the duty in paragraph (1) or (2) commits an offence. (6) It is a defence for a person charged with an offence under paragraph (5) to show— (a) that they did not know, and could not reasonably have been expected to know, that the place or vehicle was vape-free, (b) that they did not know, and could not reasonably have been expected to know, that no-vaping signs complying with the requirements of this Article were not being displayed in accordance with the requirements of this Article, or (c) that on other grounds it was reasonable for them not to comply with the duty. (7) If a person charged with an offence under paragraph (5) relies on a defence in paragraph (6), and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not. (8) A person guilty of an offence under paragraph (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. Offences relating to vaping
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) A person who fails to comply with the duty in paragraph (1) or (2) commits an offence. (4) It is a defence for a person charged with an offence under paragraph (3) to show— (a) that they took reasonable steps to cause the person in question to stop using the vape, (b) that they did not know, and could not reasonably have been expected to know, that the person in question was using a vape, or (c) that on other grounds it was reasonable for them not to comply with the duty. (5) It is a defence for a person charged with an offence under paragraph (3) to show— (a) that the person using the vape was using it when performing in a performance, (b) that the use of the vape was justified to preserve the artistic integrity of the performance, and (c) that the vape was not being used to vaporise a substance containing nicotine. (6) If a person charged with an offence under this Article relies on a defence in paragraph (4) or (5), and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not. (7) A person guilty of an offence under this Article is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
155 Heated tobacco-free places in Northern Ireland¶
heated tobacco-free place: see Article 9E; heated tobacco-free vehicle: see Article 9E;
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) Regulations under paragraph (1) or (2) may, in particular, impose requirements about— (a) the content or appearance of a sign (for example, requirements as to its size, design, colour, or wording); (b) how and where signs are to be displayed. (5) Regulations may create exceptions to the duty in paragraph (2). (6) A person who fails to comply with the duty in paragraph (1) or (2) commits an offence. (7) It is a defence for a person charged with an offence under paragraph (6) to show— (a) that they did not know, and could not reasonably have been expected to know, that the place or vehicle was heated tobacco-free, (b) that they did not know, and could not reasonably have been expected to know, that signs complying with the requirements of this Article were not being displayed in accordance with the requirements of this Article, or (c) that on other grounds it was reasonable for them not to comply with the duty. (8) If a person charged with an offence under paragraph (6) relies on a defence in paragraph (7), and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not. (9) A person guilty of an offence under paragraph (6) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. Offences relating to use of heated tobacco devices
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) A person who fails to comply with the duty in paragraph (1) or (2) commits an offence. (4) It is a defence for a person charged with an offence under paragraph (3) to show— (a) that they took reasonable steps to cause the person in question to stop using the heated tobacco device, (b) that they did not know, and could not reasonably have been expected to know, that the person in question was using a heated tobacco device, or (c) that on other grounds it was reasonable for them not to comply with the duty. (5) If a person charged with an offence under paragraph (3) relies on a defence in paragraph (4), and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not. (6) A person guilty of an offence under paragraph (3) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
156 Amendments consequential on sections 152 to 155¶
Schedule 20 contains amendments consequential on sections 152 to 155.Ships¶
157 Power to prohibit vaping etc on ships¶
;(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).
(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.
Part 8 — General¶
158 Application to Parliament¶
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.159 Further consequential amendments¶
Schedule 21 contains further consequential amendments.160 Power of Secretary of State to make consequential provision¶
161 Power of Scottish Ministers to make consequential provision¶
162 Power of Welsh Ministers to make consequential provision¶
163 Power of Northern Ireland department to make consequential provision¶
164 Regulations: general¶
165 Regulations and orders: procedure¶
166 Extent¶
167 Commencement: Parts 1 to 4¶
168 Commencement: Parts 5 to 8¶
169 Transitional provision¶
170 Short title¶
This Act may be cited as the Tobacco and Vapes Act 2025.Schedules¶
Schedule 11 — Retail licensing scheme: England¶
Introduction¶
Licensing authority¶
Grant of licence¶
Licence fee¶
Licence conditions¶
Duration etc of licence¶
Publication of licence information¶
Reviews and appeals¶
Guidance¶
Sub-delegation¶
Interpretation¶
Schedule 22 — Financial penalties for breach of retail licence conditions: England¶
Introduction¶
Notices of intent¶
Right to make representations¶
Final notices¶
Appeals¶
Recovery¶
Use of proceeds¶
Schedule 33 — Retail licensing scheme: Wales¶
Introduction¶
Grant of licence¶
Licence fee¶
Licence conditions¶
Duration etc of licence¶
Publication of licence information¶
Reviews and appeals¶
Guidance¶
Sub-delegation¶
Interpretation¶
Schedule 44 — Financial penalties for breach of retail licence conditions: Wales¶
Introduction¶
Notices of intent¶
Right to make representations¶
Final notices¶
Appeals¶
Recovery¶
Use of proceeds¶
Schedule 55 — Handing over tobacco etc to underage people in Wales¶
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.
(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.
(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.
Schedule 66 — Part 1 consequential amendments commencing after 6 months¶
Children and Young Persons Act 1933¶
Children and Young Persons (Protection from Tobacco) Act 1991¶
Tobacco Advertising and Promotion Act 2002¶
Health Act 2006¶
Criminal Justice and Immigration Act 2008¶
Regulatory Enforcement and Sanctions Act 2008¶
.Tobacco and Vapes Act 2024, Parts 1, 5 and 6
Health Act 2009¶
Children and Families Act 2014¶
Tobacco and Related Products Regulations 2016 (S.I. 2016/507)¶
Public Health (Wales) Act 2017 (anaw 2)¶
Digital Markets, Competition and Consumers Act 2024¶
Tobacco and Vapes Act 2024
(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 designated enforcers.
Schedule 77 — Part 1 consequential amendments commencing on 1 January 2027¶
Children and Young Persons Act 1933¶
Protection of Children (Tobacco) Act 1986¶
Children and Young Persons (Protection from Tobacco) Act 1991¶
Local Government etc (Scotland) Act 1994¶
Police Reform Act 2002¶
Courts Act 2003¶
Regulatory Enforcement and Sanctions Act 2008¶
Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3)¶
Police Reform and Social Responsibility Act 2011¶
Children and Families Act 2014¶
Digital Markets, Competition and Consumers Act 2024¶
Schedule 88 — Alignment of definition of “vaping product” in Scottish legislation¶
Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3)¶
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).
Transitional provision¶
Schedule 99 — Extension of retailer register etc: Scotland¶
;(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).
(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.
.(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.
(c) the fact that the person is no longer carrying on a herbal smoking product business at an address noted in the person’s entry in the Register, (d) the fact that the person is no longer carrying on a vaping product business at an address noted in the person’s entry in the Register, (e) the fact that the person is no longer carrying on a nicotine product business at an address noted in the person’s entry in the Register.
;(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.
(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.
.“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)),
Schedule 1010 — Extension of retailer register: Northern Ireland¶
;(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.
;(7) References in this Act to a kind of registrable business are to a kind mentioned in subsection (1)(a), (b) or (c).
;(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.
;(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;
;(ba) in relation to each of those premises, each kind of registrable business that the applicant proposes to carry on at the premises;
;(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.
(c) the fact that the person is no longer carrying on a vaping product business at an address noted in the person’s entry in the Register; (d) the fact that the person is no longer carrying on a nicotine product business at an address noted in the person’s entry in the Register.
(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.
.“nicotine product business means a business involving the sale of nicotine products by retail;”; “registrable business has the meaning given in section 1(1) (and references to a kind of registrable business have the meaning given in section 1(7));”; “vaping product business means a business involving the sale of vaping products by retail;
Schedule 1111 — Retail licensing scheme in Northern Ireland¶
In the Tobacco Retailers Act (Northern Ireland) 2014 (c. 4 (N.I.)), after section 26 insert—Schedule 112 — Retail licensing scheme
Introduction
1 This Schedule is about the provision that may be made by regulations under section 4A(4). Licensing authority
2 The regulations must specify a council (a “licensing authority”) which is to grant licences. Grant of licence
3 (1) The regulations may— (a) prohibit a licensing authority from granting a licence unless satisfied as to a matter specified in the regulations; (b) require a licensing authority to have regard, in deciding whether to grant a licence, to a matter specified in the regulations. (2) The provision that may be made under sub-paragraph (1)(a) includes— (a) provision prohibiting a licensing authority from granting a premises licence in respect of premises within an area of a description specified in the regulations; (b) provision limiting the number of licensed premises within an area of a description specified in the regulations. (3) The regulations may make provision requiring a licensing authority not to grant a premises licence unless the premises have been inspected in accordance with the regulations. Licence fee
4 (1) The regulations may authorise a licensing authority to charge a fee in respect of an application for the grant of a licence (which may be set at a level that takes into account the cost of exercising functions under or in connection with sections 4A to 4C or the regulations). (2) Any such fee must not exceed an amount specified in, or determined in accordance with, the regulations. (3) The regulations may make provision for the payment by a licensing 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) The regulations may make provision for the grant of a licence subject to conditions. (2) Provision of the kind mentioned in sub-paragraph (1) may— (a) enable a licensing authority to attach conditions to a licence; (b) require a licensing authority to attach to a licence a condition specified in the regulations. (3) The provision that may be made under sub-paragraph (1) includes provision prohibiting or restricting the sale of relevant products within an area of a description specified in the regulations. Duration etc of licence
6 (1) The regulations may make provision about the duration, renewal, variation, suspension or revocation of licences. (2) The provision that may be made under sub-paragraph (1) includes provision conferring power on a court by which a person is convicted of an offence under section 4B to vary, suspend or revoke a licence. Publication of licence information
7 The regulations may make provision for the publication by a licensing authority of information relating to licences granted by the licensing authority. Reviews and appeals
8 (1) The regulations must specify the circumstances in which a person may request a review of a decision taken under the regulations. (2) The regulations must confer a right of appeal to a magistrates’ court against a decision taken on a review. (3) The regulations may contain provision about time limits for requesting reviews or initiating appeals. Guidance
9 The regulations may require a licensing authority, in carrying out functions under the regulations, to have regard to guidance published by the Department. Sub-delegation
10 The regulations may confer discretions. Interpretation
11 In this Schedule— grant includes vary or renew; licence means a personal licence or a premises licence; licensing authority has the meaning given by paragraph 2; 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).
Schedule 1213 — Financial Penalties for breach of retail licence conditions in Northern Ireland¶
After Schedule 1 to the Tobacco Retailers Act (Northern Ireland) 2014 (c. 4 (N.I.)) (inserted by Schedule 11 to this Act) insert—Schedule 214 — Financial Penalties for breach of retail licence conditions
Introduction
1 This Schedule makes further provision in connection with the imposition of financial penalties under section 4C. Notices of intent
2 (1) A council must, before imposing a financial penalty on a person, give the person written notice (a “notice of intent”) of the proposed financial penalty. (2) A notice of intent must specify— (a) the amount of the proposed financial penalty, (b) the reasons for proposing to impose the penalty, (c) information about the right to make representations under paragraph 3, and (d) the date by which any representations must be made. (3) The date specified under sub-paragraph (2)(d) must be a date more than 28 days after the day on which the notice of intent is given to the person. (4) The council may at any time withdraw the notice of intent, or amend it to reduce the amount of the proposed financial penalty, by giving written notice to the person. Right to make representations
3 (1) A person who is given a notice of intent under paragraph 2 may make written representations to the council that issued the notice about the proposal to impose a financial penalty. (2) Any representations must be made within the period (“the period for representations”) ending with the date specified under paragraph 2(2)(d). Final notices
4 (1) After the end of the period for representations the council must decide whether to impose a financial penalty on the person. (2) If the council decides to impose a financial penalty on the person, the council must give the person written notice (a “final notice”) imposing the penalty. (3) A final notice must specify— (a) the amount of the financial penalty, (b) the reasons for imposing the penalty, (c) the date by which the penalty must be paid, (d) information about the right of appeal under paragraph 5, and (e) the consequence of failure to comply with the final notice. (4) The date specified under sub-paragraph (3)(c) must be a date more than 28 days after the day on which the final notice is given to the person. (5) The council may at any time withdraw a final notice, or amend it to reduce the amount of the financial penalty, by giving written notice to the person. (6) A final notice may not be given more than 28 days after the last day of the period for representations. Appeals
5 (1) A person on whom a financial penalty is imposed under section 4C may appeal to the magistrates’ court against— (a) the decision to impose the penalty, or (b) the amount of the penalty. (2) An appeal under this paragraph must be brought before the end of the period of 28 days beginning with the day after the day on which the final notice is given to the person in accordance with paragraph 4. (3) On an appeal under this paragraph the magistrates’ court may confirm, reduce or cancel the penalty. (4) If a person appeals under this paragraph, the final notice is suspended until the appeal is finally determined, withdrawn or abandoned. Recovery
6 (1) This paragraph applies if a person fails to pay the whole or part of a financial penalty before the end of the period within which the person is required to pay the penalty. (2) The council that imposed the financial penalty may recover the unpaid amount of the penalty as if it were payable under an order of a county court. Use of proceeds
7 (1) A council may use any sums it receives in pursuance of final notices given under paragraph 4 (its “financial penalty receipts”) only for the purposes of its functions under this Act. (2) A council must supply the Department with such information relating to its use of its financial penalty receipts as the Department may require. (3) Regulations may make provision for what a council is to do with its financial penalty receipts— (a) pending their being used for the purposes mentioned in sub-paragraph (1); (b) if they are not used for those purposes within a period of time specified in the regulations and beginning with their receipt. (4) The provision that may be made under sub-paragraph (3)(b) includes (in particular) provision for the payment of sums to a person (including the Department) other than the council. (5) Regulations may make provision for accounting arrangements in respect of a council's financial penalty receipts. (6) Before making regulations under this paragraph, the Department must consult— (a) councils, and (b) such other persons as the Department considers appropriate.
Schedule 1315 — Licensing of retail sales of tobacco products etc: consequential amendments¶
Tobacco Retailers Act (Northern Ireland) 2014 (c. 4 (N.I.))¶
;(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”).
;(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”).
Offencesinsert
in connection with restricted premises orders and restricted sales orders.
Enforcementsubstitute
General enforcement.
sectioninsert
4B or.
sectioninsert
4B or;
(1), (2), (3),.
, the registration authorityin each place it occurs;
.(za) financial penalties imposed under section 4C by that council;
or the registration authorityin each place it occurs.
2(7)substitute
4A.
This Act¶
Schedule 1416 — Part 3: consequential and other amendments commencing after 6 months¶
Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26))¶
Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991 (S.I. 1991/2872 (N.I. 25))¶
tobacco product has the meaning given by Article 7 of the Health and Personal Social Services (Northern Ireland) Order 1978.
Tobacco Retailers Act (Northern Ireland) 2014 (c. 4 (N.I.))¶
(a) tobacco products; (b) herbal smoking products; (c) cigarette papers; (d) vaping products; (e) nicotine products.
;(aa) an offence committed under Article 4B or 4J of the Health and Personal Social Services (Northern Ireland) Order 1978 in respect of a machine kept on any premises (which are accordingly “the premises in relation to which the offence is committed”);
(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) an offence committed under Article 4B or 4J of the Health and Personal Social Services (Northern Ireland) Order 1978 in respect of a machine kept on any premises (which are accordingly “the premises in relation to which the offence is committed”); (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”).
(3) In this section “tobacco, vape or nicotine offence” means an offence falling within section 5(14) or 6(8).
;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;
.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;
Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 (c. 26 (N.I.))¶
Health Act 2009¶
Digital Markets, Competition and Consumers Act 2024¶
.(ha) every district council in Northern Ireland;
;(aa) the Department for the Economy in Northern Ireland;
.(aa) the Department for the Economy in Northern Ireland;
Schedule 1517 — Part 3: consequential amendments commencing on 1 January 2027¶
Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)¶
Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991 (S.I. 1991/2872 (N.I. 25))¶
Police (Northern Ireland) Act 2003¶
Smoking (Northern Ireland) Order 2006 (S.I. 2006/2957 (N.I. 20))¶
Tobacco Retailers Act (Northern Ireland) 2014 (c. 4 (N.I.))¶
Digital Markets, Competition and Consumers Act 2024¶
Schedule 1618 — Advertising etc: audiovisual and radio broadcasting¶
.(aa) herbal smoking products; (ab) cigarette papers; (ac) vaping products; (ad) nicotine products;
.(ba) it is of herbal smoking products, (bb) it is by or on behalf of an undertaking whose principal activity is the manufacture or sale of herbal smoking products, (bc) it is of cigarette papers, (bd) it is by or on behalf of an undertaking whose principal activity is the manufacture or sale of cigarette papers, (be) it is of vaping products or nicotine products, (bf) it is by or on behalf of an undertaking whose principal activity is the manufacture or sale of vaping products or nicotine products, or
;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;
tobacco 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.
.(b) herbal smoking products; (ba) cigarette papers; (bb) vaping products; (bc) nicotine products;
;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;
tobacco 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.
.(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
;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.
Schedule 1719 — Amendments consequential on sections 135 to 139¶
(2) Premises in England are smoke-free if they are workplaces; they are smoke-free all the time.
(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).
.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;”; “relevant vape has the meaning given by section 8C(6);”; “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).
Schedule 1820 — Amendments consequential on sections 141 to 144¶
(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.
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); heated tobacco-free premises has the meaning given by section 4L(1); 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; relevant vape has the meaning given by section 4E(6); 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; vape-free premises has the meaning given by section 4H(1); vaporises has the meaning given by section 35 of the Tobacco and Primary Medical Services (Scotland) Act 2010.
;(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,
Schedule 1921 — Amendments consequential on sections 146 to 150¶
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.
.(c) trosedd o dan adran 17C(1); (d) trosedd o dan adran 17E(5); (e) trosedd o dan adran 17H(1); (f) trosedd o dan adran 17J(6),
.(c) an offence under section 17C(1); (d) an offence under section 17E(5); (e) an offence under section 17H(1); (f) an offence under section 17J(6),
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.
Schedule 2022 — Amendments consequential on sections 152 to 155¶
Smoking (Northern Ireland) Order 2006 (S.I. 2006/2957 (N.I. 20))¶
.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);
(2) Premises are smoke-free if they are workplaces; they are smoke-free all the time.
(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).