These Regulations amend the definition of “vending machine” in section 9 of the Tobacco and Primary Medical Services (Scotland) Act 2010 (“the Act”) to include nicotine vapour products.

Vending machines for the sale of tobacco products are prohibited by virtue of section 9 of the Act. These Regulations amend section 9 to include vending machines for nicotine vapour products. A person who has the management or control of premises on which such a vending machine is available for use commits an offence. A person found guilty of that offence is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

These Regulations were notified in draft to the European Commission in accordance with Directive (EU) 2015/1535 of the European Parliament and of the Council (OJ L 241, 17.9.2015, p.1) which lays down a procedure for the provision of information in the field of technical regulations and rules on Information Society Services.