Part 1 S [F1 Tobacco and nicotine vapour products etc.]

Textual Amendments

F1 Pt. 1 title substituted (1.4.2017) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 15(11), 36(2); S.S.I. 2017/12, reg. 2, sch.

Chapter 1 S [F2 Display, sale and purchase]

Textual Amendments

F2 Pt. 1 Ch. 1 title substituted (1.4.2017) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 15(1), 36(2); S.S.I. 2017/12, reg. 2, sch.

[F3 Free distribution etc S

Textual Amendments

F3 Ss. 8A, 8B and cross-heading inserted (29.4.2026 for specified purposes) by Tobacco and Vapes Act 2026 (c. 18), ss. 65(1), 175(1)(2)

8A Free distribution and discount of products S

(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 will be 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.]