Contents
Part 1 · Citation and commencement
1Citation and commencement#
(1)These Regulations may be cited as the Tobacco and Vapes Act 2026 (Consequential, Transitional and Saving Provisions) (Scotland) Regulations 2026 and come into force in accordance with paragraphs (2) to (4).
(2)This regulation and regulations 2 to 6 come into force on 29 October 2026.
(3)Regulations 7 to 9 come into force on 29 October 2026 immediately after the coming into force of section 68 and schedule 8 of the Tobacco and Vapes Act 2026 (alignment of definition of “vaping product”).
(4)Regulation 10 comes into force on 1 January 2027.
Part 2 · Alignment of definition of “vaping product” and restrictions on nicotine products and herbal smoking products.
2The Prisons and Young Offenders Institutions (Scotland) Rules 2011#
(1)The Prisons and Young Offenders Institutions (Scotland) Rules 2011 are amended as follows.
(2)In rule 2(1) (interpretation)—
(a)omit the definition of “nicotine vapour product”,
(b)after the definition of “untried prisoner” insert— “• “vaping product” has the meaning given by section 35 of the Tobacco and Primary Medical Services (Scotland) Act 2010”
(3)In rule 36 (use of nicotine vapour products)—
(a)in paragraphs (1), (2), (3)(a), (4) and (5), for “nicotine vapour”, in each place it occurs, substitute “vaping”,
(b)in paragraph (5), after “inhale the vapour” insert “or aerosol”,
(c)in the heading, for “nicotine vapour” substitute “vaping”.
(4)in rule 45(3)(d) (privileges), for “nicotine vapour” substitute “vaping”.
(5)In paragraph 26 of schedule 1 (breaches of discipline), for “nicotine vapour”, in both places it occurs, substitute “vaping”.
3The Sale of Tobacco (Prescribed Documents) (Scotland) Regulations 2013#
In the Sale of Tobacco (Prescribed Documents) (Scotland) Regulations 2013, in the heading of regulation 2 (prescribed documents), after “tobacco” insert “and herbal smoking products”.
4The Sale of Nicotine Vapour Products (Prescribed Documents) (Scotland) Regulations 2017#
In the Sale of Nicotine Vapour Products (Prescribed Documents) (Scotland) Regulations 2017, in the heading of regulation 2 (prescribed documents), for “nicotine vapour” substitute “vaping and nicotine”.
5The Sale of Tobacco and Nicotine Vapour Products by Persons Under 18 (Scotland) Regulations 2017#
(1)The Sale of Tobacco and Nicotine Vapour Products by Persons Under 18 (Scotland) Regulations 2017 are amended as follows.
(2)In regulation 2(1) (sale of tobacco and nicotine vapour products by persons under 18)—
(a)for “tobacco or nicotine vapour” substitute “tobacco, vaping or nicotine”,
(b)in sub-paragraph (b), for “cigarette papers or nicotine vapour” substitute “herbal smoking product, cigarette papers, vaping product or nicotine”.
(3)In regulation 2(2)—
(a)in sub-paragraphs (a) and (b), for “cigarette papers or nicotine vapour” substitute “herbal smoking product, cigarette papers, vaping product or nicotine”,
(b)in sub-paragraph (d), for “cigarette papers or a nicotine vapour product” substitute “herbal smoking products, cigarette papers, vaping products or nicotine products”.
(4)In the heading of regulation 2, for “tobacco and nicotine vapour” substitute “tobacco, vaping or nicotine”.
Part 3 · Repeal of offences
6The Sale of Tobacco (Registration of Moveable Structures and Fixed Penalty Notices) (Scotland) Regulations 2011#
(1)The Sale of Tobacco (Registration of Moveable Structures and Fixed Penalty Notices) (Scotland) Regulations 2011 are amended as follows.
(2)Regulation 6 (amount of fixed penalty for offences under sections 5 and 7) is omitted.
(3)In regulation 7(1) (amount of fixed penalty for all other offences) omit “other than sections 5 and 7”.
Part 4 · Extension of retailer register etc
7The Sale of Tobacco (Register of Tobacco Retailers) Regulations 2010#
(1)The Sale of Tobacco (Register of Tobacco Retailers) Regulations 2010 are amended as follows.
(2)In regulation 3(b) (other information to be contained in an application), for “tobacco or nicotine vapour product” substitute “registrable”.
(3)For the schedule (tobacco and nicotine vapour product banning order notice), substitute the schedule set out in the schedule of these Regulations.
8The Sale of Tobacco (Registration of Moveable Structures and Fixed Penalty Notices) (Scotland) Regulations 2011#
(1)The Sale of Tobacco (Registration of Moveable Structures and Fixed Penalty Notices) (Scotland) Regulations 2011 are amended as follows.
(2)In the definition of “moveable premises” in regulation 1(2) (interpretation), for “tobacco or nicotine vapour product” substitute “registrable”.
(3)In regulation 3(1)(a), (1)(b), (2)(a) and (2)(b) (application of Chapter 2 of the Act to vehicles and other moveable structures), for “tobacco or nicotine vapour product” substitute “registrable”.
9Transitional and saving provisions for Part 4#
(1)This regulation applies where a tobacco and vaping product banning order (being an order made under section 15 of the Tobacco and Primary Medical Services (Scotland) Act 2010 before 29 October 2026) has effect in respect of a person.
(2)In regulation 3(b) of the Sale of Tobacco (Register of Tobacco Retailers) Regulations 2010, the reference to a “registrable business” is to be read as including reference to a “tobacco or vaping product business”.
(3)Regulation 7(3) of these Regulations has no effect in respect of a notice relating to the tobacco and vaping product banning order.
Part 5 · Age of sale for tobacco products etc
Schedule
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