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3.—(1) For the purposes of these Regulations, a single-use vape is a vape which is not designed or intended to be re-used (a “single-use vape”), and includes any vape which is—
(a)not refillable,
(b)not rechargeable, or
(c)not refillable and not rechargeable.
(2) For the purposes of this regulation, a vape is not refillable unless it is designed to include—
(a)a single-use container which is separately available and can be replaced by an individual user in the normal course of use, or
(b)a container which can be refilled by an individual user in the normal course of use.
(3) For the purposes of this regulation, a vape is not rechargeable if it is designed to contain—
(a)a battery which cannot be recharged, or
(b)a coil which is not separately available and cannot be replaced by an individual user in the normal course of use, including any coil which is contained in a single-use cartridge or pod which is not separately available and cannot be replaced by an individual user in the normal course of use.
(4) For the purposes of this regulation, “separately available” means available for purchase by an individual user.
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Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
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