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Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016

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This is the original version (as it was originally enacted).

1Nicotine vapour products
This section has no associated Explanatory Notes

After section 35 of the 2010 Act insert—

“35AMeaning of “nicotine vapour product”

(1)In this Part, a “nicotine vapour product” is—

(a)a device which is intended to enable the inhalation of nicotine-containing vapour by an individual,

(b)a device which is intended to enable the inhalation of other vapour by an individual but is intended to resemble and be operated in a similar way to a device within paragraph (a),

(c)an item which is intended to form part of a device within paragraph (a) or (b),

(d)a substance which is intended to be vaporised by a device within paragraph (a) or (b) (and any item containing such a substance).

(2)But the following are not nicotine vapour products—

(a)a tobacco product,

(b)a smoking related product,

(c)a medicinal product (within the meaning of the Human Medicines Regulations 2012 (S.I. 2012/1916)),

(d)a medical device (within the meaning of the Medical Devices Regulations 2002 (S.I. 2002/618)).”.

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