The Tobacco and Vapes Act 2026 (Consequential, Transitional and Saving Provisions) (Scotland) Regulations 2026
Part 1Citation and commencement
Citation and commencement1.
(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)
(4)
Regulation 10 comes into force on 1 January 2027.
Part 2Alignment of definition of “vaping product” and restrictions on nicotine products and herbal smoking products.
The Prisons and Young Offenders Institutions (Scotland) Rules 20112.
(1)
(2)
In rule 2(1) (interpretation)—
(a)
omit the definition of “nicotine vapour product”
,
(b)
“untried prisoner”insert—
““vaping product” has the meaning given by section 35 of the Tobacco and Primary Medical Services (Scotland) Act 20104
(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”
The Sale of Tobacco (Prescribed Documents) (Scotland) Regulations 20133.
In the Sale of Tobacco (Prescribed Documents) (Scotland) Regulations 20135, in the heading of regulation 2 (prescribed documents), after “tobacco”
insert
.“and herbal smoking products”
The Sale of Nicotine Vapour Products (Prescribed Documents) (Scotland) Regulations 20174.
In the Sale of Nicotine Vapour Products (Prescribed Documents) (Scotland) Regulations 20176, in the heading of regulation 2 (prescribed documents), for “nicotine vapour”
substitute
.“vaping and nicotine”
The Sale of Tobacco and Nicotine Vapour Products by Persons Under 18 (Scotland) Regulations 20175.
(1)
(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 3Repeal of offences
The Sale of Tobacco (Registration of Moveable Structures and Fixed Penalty Notices) (Scotland) Regulations 20116.
(1)
(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 4Extension of retailer register etc
The Sale of Tobacco (Register of Tobacco Retailers) Regulations 20107.
(1)
(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 banning order notice), substitute the schedule set out in the schedule of these Regulations.
The Sale of Tobacco (Registration of Moveable Structures and Fixed Penalty Notices) (Scotland) Regulations 20118.
(1)
(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”
Transitional and saving provisions for Part 49.
(1)
(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 5Age of sale for tobacco products etc
The Sale of Tobacco (Prescribed Documents) (Scotland) Regulations 201310.
In the Sale of Tobacco (Prescribed Documents) (Scotland) Regulations 2013, in the heading of regulation 2, for “under 18”
substitute
.“born on or after 1 January 2009”
St Andrew’s House,
Edinburgh
Schedule
“ScheduleBanning Order Notice
These premises have been specified in an order made under section 15 of the Tobacco and Primary Medical Services (Scotland) Act 2010.
[Insert name and address of person against whom the banning order has been made] is banned from carrying on a registrable business at these premises for a period of [insert period for which banning order has effect] from [insert date banning order was made].
The following businesses are each a registrable business:
(a) a tobacco business,
(b) a herbal smoking business,
(c) a vaping product business,
(d) a nicotine product business.”.
These Regulations make provision in consequence of the Tobacco and Vapes Act 2026 (“the 2026 Act”).
Section 56 of the 2026 Act extends the scope of various provisions in the Tobacco and Primary Medical Services (Scotland) Act 2010 (“the 2010 Act”) that apply to tobacco products to include herbal smoking products. This includes age of sale restrictions. Section 61 of the 2026 Act extends various existing offences in the 2010 Act which apply to vaping products to nicotine products and changes references from “nicotine vapour product” to “vaping product” so that the definitions are consistent across the UK. Schedule 8 of the 2026 Act also amends the 2010 Act to change references from “nicotine vapour product” to “vaping product” to ensure alignment. Part 2 of the Regulations makes amendments to secondary legislation in consequence of these provisions to ensure that all relevant products are covered and ensure consistent alignment of definitions.
Section 54 of the 2026 Act repeals the offence of purchasing tobacco products by a person under the age of 18 and section 55 repeals the offence of a person under 18 failing to comply with a confiscation request. Regulation 6 (Part 3) makes amendments to the Sale of Tobacco (Registration of Moveable Structures and Fixed Penalty Notices) (Scotland) Regulations 2011 in consequence of those provisions. The amendments ensure that there are no longer prescribed fixed penalties for the repealed offences.
Part 4 of the Regulations makes amendments in consequence of provision in the 2026 Act (section 69 and schedule 9) which extends Chapter 2 (register of tobacco and vaping product retailers) of Part 1 of the 2010 Act so that retailers selling herbal smoking products and nicotine products are subject to the same registration requirements as retailers who sell tobacco and vaping products. Once the amendments to the 2010 Act take effect, tobacco businesses, herbal smoking product businesses, vaping product businesses and nicotine product businesses will all be “registrable” businesses and the council will have the power to apply to the sheriff for a “banning order” which is an order banning a person from carrying on a registrable business from premises within the council’s area. The amendments made by regulations 7 and 8 of the Regulations update relevant existing secondary legislation so that it refers to registrable businesses.
The transitional provision in regulation 9(2) ensures that a person who is subject to an existing tobacco and vaping product banning order which was made before 29 October 2026 will still be required to declare that in an application to be registered, in accordance with regulation 3(b) of the Sale of Tobacco (Register of Tobacco Retailers) Regulations 2010. The saving provision in regulation 9(3) means that the old form of notice will continue to apply for notices relating to existing tobacco and vaping product banning orders.
Regulation 10 makes an amendment in consequence of the change to the age of sale made by section 52 of the 2026 Act which comes into force on 1 January 2027.