Tobacco and Vapes Act 2026

Prospective

Section 69

Schedule 9 S Extension of retailer register etc: Scotland

1 S The Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) is amended as follows.

Commencement Information

I1 Sch. 9 para. 1 not in force at Royal Assent, see s. 175(7)

2 S In the heading of Part 1, after “Tobacco,” insert “herbal smoking,”.

Commencement Information

I2 Sch. 9 para. 2 not in force at Royal Assent, see s. 175(7)

3 S In the heading of Chapter 2 of Part 1, for “and vaping” substitute “, herbal smoking, vaping and nicotine”.

Commencement Information

I3 Sch. 9 para. 3 not in force at Royal Assent, see s. 175(7)

4 S In section 10 (register of tobacco and nicotine vapour product retailers)—

(a) for subsection (1) substitute—

“(1) The Scottish Ministers must keep a register (referred to in this Part as “the Register”) of persons carrying on one or more of the following (each of which is a “registrable business”)—

(a) a tobacco business,

(b) a herbal smoking product business,

(c) a vaping product business,

(d) a nicotine product business.”;

(b) after subsection (2) insert—

“(3) References in this Chapter to a kind of registrable business are to a kind mentioned in subsection (1)(a), (b), (c) or (d).”

(c) in the heading, for “and vaping” substitute “, herbal smoking, vaping and nicotine”.

Commencement Information

I4 Sch. 9 para. 4 not in force at Royal Assent, see s. 175(7)

5 (1) Section 11 (application for registration and addition of premises etc.) is amended as follows. S

(2) In subsection (2)(b) and (c), for “tobacco or vaping product” substitute “registrable”.

(3) For subsection (2A) substitute—

“(2A) An application under subsection (1) must state, in relation to each of the premises included in it, each kind of registrable business that the applicant proposes to carry on at the premises.”

(4) In subsection (3)(b)—

(a) for “tobacco and vaping product banning order” substitute “banning order”;

(b) for “tobacco or vaping product business” substitute “registrable business”.

(5) For subsection (4)(b) substitute—

“(b) the addresses of the premises at which the applicant proposes to carry on a registrable business, noting, in relation to each of the premises, each kind of registrable business that the applicant proposes to carry on at the premises, and”.

(6) For subsection (5) substitute—

“(5) On granting an application under subsection (1)(b), the Scottish Ministers must amend the applicant’s entry in the Register so as to include the address of the further premises at which the applicant proposes to carry on a registrable business, noting, in relation to each of the premises, each kind of registrable business that the applicant proposes to carry on at the premises.”

Commencement Information

I5 Sch. 9 para. 5 not in force at Royal Assent, see s. 175(7)

6 S In section 12 (certificates of registration), for subsection (2) substitute—

“(2) A certificate issued under subsection (1) must state each kind of registrable business noted in the applicant’s entry in the Register in relation to the premises.”

Commencement Information

I6 Sch. 9 para. 6 not in force at Royal Assent, see s. 175(7)

7 S In section 13 (duty to notify certain changes), in subsection (1), for paragraph (c) substitute—

“(c) the fact that the person is no longer carrying on a herbal smoking product business at an address noted in the person’s entry in the Register,

(d) the fact that the person is no longer carrying on a vaping product business at an address noted in the person’s entry in the Register,

(e) the fact that the person is no longer carrying on a nicotine product business at an address noted in the person’s entry in the Register.”

Commencement Information

I7 Sch. 9 para. 7 not in force at Royal Assent, see s. 175(7)

8 S In section 14 (changes to and removal from register)—

(a) in subsection (2) omit “tobacco and vaping product”;

(b) in subsection (3)(b), for “tobacco or vaping product” substitute “registrable”;

(c) in subsection (5)(b), for “tobacco or vaping product” substitute “registrable”.

Commencement Information

I8 Sch. 9 para. 8 not in force at Royal Assent, see s. 175(7)

9 S In the italic heading before section 15 omit “Tobacco and vaping product”.

Commencement Information

I9 Sch. 9 para. 9 not in force at Royal Assent, see s. 175(7)

10 S In section 15 (tobacco and vaping product banning orders)—

(a) in subsections (1), (2) and (3), for “tobacco or vaping product” substitute “registrable”;

(b) in subsection (4)(c)—

(i) after “, tobacco products” insert “, herbal smoking products”;

(ii) for “or vaping products” substitute “, vaping products or nicotine products”;

(c) in subsection (6) omit “tobacco and vaping product”;

(d) in the heading omit “Tobacco and vaping product”.

Commencement Information

I10 Sch. 9 para. 10 not in force at Royal Assent, see s. 175(7)

11 S In section 16 (tobacco and vaping product banning orders: ancillary orders)—

(a) in subsections (1)(a) and (b) omit “tobacco and vaping product”;

(b) in subsection (2)(a)(i) and (ii) and (b)(i), (ii) and (iii), for “tobacco or vaping product” substitute “registrable”;

(c) in subsections (3)(b), (4) and (5) omit “tobacco and vaping product”;

(d) in the heading omit “Tobacco and vaping product”.

Commencement Information

I11 Sch. 9 para. 11 not in force at Royal Assent, see s. 175(7)

12 S In section 17 (tobacco and vaping product banning orders etc.: appeals)—

(a) in subsections (1) and (3) omit “tobacco and vaping product”;

(b) in the heading omit “Tobacco and vaping product”.

Commencement Information

I12 Sch. 9 para. 12 not in force at Royal Assent, see s. 175(7)

13 S In section 18 (tobacco and vaping product banning orders etc.: notification to Scottish Ministers)—

(a) in subsection (1) omit “tobacco and vaping product”;

(b) in the heading omit “Tobacco and vaping product”.

Commencement Information

I13 Sch. 9 para. 13 not in force at Royal Assent, see s. 175(7)

14 S In section 19 (tobacco and vaping product banning orders: display of notices)—

(a) in subsections (1)(a) and (3)(a) and (c) omit “tobacco and vaping product”;

(b) in subsection (4)—

(i) after “tobacco products” insert “, herbal smoking products”;

(ii) for “or vaping products” substitute “, vaping products or nicotine products”;

(c) in the heading omit “Tobacco and vaping product”.

Commencement Information

I14 Sch. 9 para. 14 not in force at Royal Assent, see s. 175(7)

15 S In section 20 (offences relating to the register)—

(a) in subsection (1), for “tobacco or vaping product” substitute “registrable”;

(b) for subsections (2) and (2A) substitute—

“(2) A registered person who carries on a registrable business at premises other than those noted in the person’s entry in the Register as premises at which the person carries on that kind of registrable business commits an offence.”;

(c) in subsection (4) omit “tobacco and vaping product”;

(d) in subsection (6)(a), in the words before sub-paragraph (i) omit “, (2A)”.

Commencement Information

I15 Sch. 9 para. 15 not in force at Royal Assent, see s. 175(7)

16 S In the italic heading above section 21, for “and vaping” substitute “, herbal smoking, vaping and nicotine”.

Commencement Information

I16 Sch. 9 para. 16 not in force at Royal Assent, see s. 175(7)

17 S In section 21 (public inspection of register), for subsection (1) substitute—

“(1) On the basis of information contained in the Register, the Scottish Ministers must make available for public inspection a list of premises, specifying for each of those premises each kind of registrable business carried on or proposed to be carried on there.”

Commencement Information

I17 Sch. 9 para. 17 not in force at Royal Assent, see s. 175(7)

18 S In section 22 (council access to Register), in subsection (2), for “may by” substitute “may be”.

Commencement Information

I18 Sch. 9 para. 18 not in force at Royal Assent, see s. 175(7)

19 S In section 35 (interpretation), in subsection (1)—

(a) omit the definitions of “tobacco or vaping product business” and “tobacco retailing banning order”;

(b) at the appropriate places insert—

• ““banning order” has the meaning given in section 15(6),”;

• ““herbal smoking product business” means a business involving the sale of herbal smoking products by retail,”;

• ““nicotine product business” means a business involving the sale of nicotine products by retail,”;

• ““registrable business” has the meaning given in section 10(1) (and references to a kind of registrable business have the meaning given in section 10(3)),”.

Commencement Information

I19 Sch. 9 para. 19 not in force at Royal Assent, see s. 175(7)