Tobacco and Vapes Act 2026
Tobacco and Vapes Act 2026 (2026 c. 18)
- Tobacco and Vapes Act 2026 (2026 c. 18)
- 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
- 6 Age of sale notice at point of sale: Wales
- Snus etc
- 7 Ban on manufacture of snus etc
- 8 Ban on 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
- Restricted premises orders
- 23 Restricted premises orders
- 24 Restricted premises orders: interested persons
- 25 Restricted premises orders: appeals
- 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
- 30 Breach of restricted sale orders
- Offences by bodies
- 31 Liability of others for certain offences committed by bodies
- Enforcement functions
- 32 Enforcement authorities
- 33 Programme of enforcement action: England
- 34 Programme of enforcement action: Wales
- 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: England
- 37 Fixed penalty notices: England
- 38 Fixed penalties in England: use of proceeds
- 39 Power to change amount of fixed penalties: England
- Fixed penalties: Wales
- 40 Fixed penalty notices: Wales
- 41 Fixed penalties in Wales: use of proceeds
- 42 Power to change amount of fixed penalties: Wales
- Handing over tobacco etc to underage people in Wales
- 43 Handing over tobacco etc to underage people in Wales
- Consequential, transitional and transitory provision
- 44 Consequential amendments to do with Part 1
- 45 Application of programmes of enforcement to old age of sale offences
- 46 Application of fixed penalty regime to old age of sale offences
- 47 Transitional provision: general
- Powers to adjust scope
- 48 Power to extend Part 1 to other products
- Crown application
- 49 Crown application
- Interpretation etc
- 50 Interpretation of Part 1
- 51 Meaning of “nicotine product”
- Part 2 Sale and distribution: Scotland
- Sale of tobacco etc
- 52 Age of sale for tobacco products etc
- 53 Sale of unpackaged cigarettes
- 54 Repeal of offence of purchasing tobacco products by under 18s
- 55 Repeal of power to confiscate tobacco products from persons under 18
- 56 Extension of tobacco legislation to herbal smoking products
- 57 Power to make provision about warning statements
- Snus etc
- 58 Ban on manufacture of snus etc
- 59 Ban on sales of snus etc
- 60 Possession of snus etc with intent to supply
- Vaping and nicotine products
- 61 Extension of offences to vaping and nicotine products
- 62 Meaning of “nicotine product”
- Age verification
- 63 Age verification in relation to tobacco and vaping products etc
- Displays of products or prices
- 64 Displays of vaping and nicotine products
- Free distribution and discounts
- 65 Free distribution and discount of products
- Alignment of definitions
- 66 Alignment of definition of “filter” etc
- 67 Alignment of definition of “tobacco product”
- 68 Alignment of definition of “vaping product”
- Extension of retailer register etc
- 69 Extension of retailer register etc
- Miscellaneous
- 70 Crown application of 2010 Act
- 71 Power to extend 2010 Act to other products
- Part 3 Sale and distribution: Northern Ireland
- Sale of tobacco etc
- 72 Age of sale for tobacco products etc
- 73 Purchase of tobacco on behalf of others
- 74 Tobacco vending machines
- 75 Sale of unpackaged cigarettes
- 76 Age of sale notice at point of sale
- Snus etc
- 77 Ban on manufacture of snus etc
- 78 Ban on sales of snus etc
- 79 Possession of snus etc with intent to supply
- Vaping and nicotine products
- 80 Sale of vaping or nicotine products to under 18s
- 81 Purchase of vaping or nicotine products on behalf of under 18s
- 82 Vaping and nicotine product vending machines
- Displays of products or prices
- 83 Displays of products and prices in Northern Ireland
- Free distribution and discounts
- 84 Free distribution and discount of products
- Enforcement
- 85 Programme of enforcement action by district councils
- Interpretation of 1978 Order
- 86 Interpretation of 1978 Order
- Retailer register and licensing
- 87 Extension of retailer register
- 88 Prohibition of retail sales of tobacco products etc without a licence
- Powers to extend legislation
- 89 Power to extend legislation to other products
- Consequential etc, transitional and transitory provision
- 90 Consequential and other amendments
- 91 Transitional provision
- Part 4 Snus etc: seizure and detention powers
- 92 Power of officer of Revenue and Customs to seize and detain snus etc
- 93 Extension of section 92 to filters
- Part 5 Product and information requirements etc
- Product requirements etc
- 94 Retail packaging
- 95 Features of products
- 96 Contents and flavour
- 97 Substances released into human body and emissions
- Non-compliant images
- 98 Non-compliant images
- Registration and information requirements
- 99 Registration
- 100 Information
- 101 Studies
- 102 Responsible person
- Quality control and safety
- 103 Testing
- 104 Product safety
- Matters dealt with by 2016 Regulations
- 105 Matters dealt with by 2016 Regulations
- 106 Treatment of 2016 Regulations
- Supplementary and miscellaneous
- 107 Offences
- 108 Enforcement
- 109 Sub-delegation
- 110 Power to make provision binding the Crown
- 111 Power to amend legislation
- 112 Consequential repeal
- 113 Enforcement of 2016 Regulations
- Consultation and consent
- 114 Consultation
- 115 Consent to regulations under Part 5
- Interpretation
- 116 Interpretation of Part 5
- 117 Meaning of “nicotine product”
- Part 6 Advertising and sponsorship
- Advertising
- 118 Publishing advertisements
- 119 Designing advertisements
- 120 Printing advertisements
- 121 Distributing advertisements
- 122 Causing publication, designing, printing or distribution
- 123 Internet services
- 124 Exceptions for internet service providers (conduits, caching and hosting)
- 125 Advertising defences: general
- 126 Advertising defence: public health campaigns
- 127 Specialist tobacconists
- 128 Exclusion for advertisements that are displays
- Brandsharing
- 129 Brandsharing
- Sponsorship
- 130 Sponsorship: tobacco products
- 131 Sponsorship: vaping and nicotine and other products
- Audiovisual services and radio broadcasting
- 132 Audiovisual services and radio broadcasting
- 133 Extension of provisions about audiovisual and radio broadcasting
- Offences by bodies
- 134 Liability of others for offences committed by bodies
- Enforcement
- 135 Enforcement authorities
- 136 Power of ministers etc to take over enforcement functions
- 137 Power of ministers etc to take over proceedings
- Alignment of definition in old advertising legislation pending replacement
- 138 Alignment of definition of “tobacco product” in old legislation
- Power to extend advertising legislation
- 139 Power to extend Part 6 and Communications Act 2003 to other products
- Crown application
- 140 Crown application
- Interpretation
- 141 Interpretation of Part 6
- Part 7 Smoke-free places, vape-free places and other free-from places
- England
- 142 Addition of smoke-free places in England
- 143 Smoke-free premises: recasting of power to exempt performers
- 144 No-smoking signs in England
- 145 Vape-free places in England
- 146 Heated tobacco-free places in England
- 147 Amendments consequential on sections 142 to 146
- Scotland
- 148 No-smoking premises in Scotland
- 149 No-smoking signs in Scotland
- 150 Vape-free premises in Scotland
- 151 Heated tobacco-free premises in Scotland
- 152 Amendments consequential on sections 148 to 151
- Wales
- 153 Smoke-free places and vehicles in Wales: duty to consult
- 154 Smoke-free vehicles in Wales
- 155 No-smoking signs in Wales
- 156 Vape-free places in Wales
- 157 Heated tobacco-free places in Wales
- 158 Amendments consequential on sections 153 to 157
- Northern Ireland
- 159 Additional smoke-free places in Northern Ireland
- 160 No-smoking signs in Northern Ireland
- 161 Vape-free places in Northern Ireland
- 162 Heated tobacco-free places in Northern Ireland
- 163 Amendments consequential on sections 159 to 162
- Ships
- 164 Power to prohibit vaping etc on ships
- Part 8 General
- 165 Review of Act
- 166 Application to Parliament
- 167 Further consequential amendments
- 168 Power of Secretary of State to make consequential provision
- 169 Power of Scottish Ministers to make consequential provision
- 170 Power of Welsh Ministers to make consequential provision
- 171 Power of Northern Ireland department to make consequential provision
- 172 Regulations: general
- 173 Regulations and orders: procedure
- 174 Extent
- 175 Commencement: Parts 1 to 4
- 176 Commencement: Parts 5 to 8
- 177 Transitional provision
- 178 Short title
- Schedules
- Schedule 1 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 2 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 3 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 4 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 5 Handing over tobacco etc to underage people in Wales
- Schedule 6 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
- 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
- Schedule 7 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 8 Alignment of definition of “vaping product” in Scottish legislation
- Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3)
- Transitional provision
- Schedule 9 Extension of retailer register etc: Scotland
- Schedule 10 Extension of retailer register: Northern Ireland
- Schedule 11 Retail licensing scheme in Northern Ireland
- Schedule 12 Financial penalties for breach of retail licence conditions in Northern Ireland
- Schedule 13 Licensing of retail sales of tobacco products etc: consequential amendments
- Tobacco Retailers Act (Northern Ireland) 2014 (c. 4 (N.I.))
- This Act
- Schedule 14 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 Retailers Act (Northern Ireland) 2014 (c. 4 (N.I.))
- Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 (c. 26 (N.I.))
- Health Act 2009
- Digital Markets, Competition and Consumers Act 2024
- Schedule 15 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 16 Advertising etc: audiovisual and radio broadcasting
- Schedule 17 Amendments consequential on sections 142 to 146
- Schedule 18 Amendments consequential on sections 148 to 151
- Schedule 19 Amendments consequential on sections 153 to 157
- Schedule 20 Amendments consequential on sections 159 to 162
- Smoking (Northern Ireland) Order 2006 (S.I. 2006/2957 (N.I. 20))
- Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 (c. 26 (N.I.))
- Schedule 21 Consequential amendments: general
- Tobacco Advertising and Promotion Act 2002
- Communications Act 2003
- Regulatory Enforcement and Sanctions Act 2008
- Health Act 2009
- Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3)
- Consumer Rights Act 2015
- Tobacco and Related Products Regulations 2016 (S.I. 2016/507)
- Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14)
- Digital Markets, Competition and Consumers Act 2024
- Media Act 2024