Tobacco and Vapes Act 2026

Prospective

52 Age of sale for tobacco products etc S

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

(2) In section 4 (sale of tobacco products to persons under 18)—

(a) in subsection (1), for “under the age of 18” substitute “born on or after 1 January 2009”;

(b) in subsection (2)(a), for “under the age of 18 (“the customer”) to be aged 18 or over” substitute “born on or after 1 January 2009 (“the customer”) to have been born before that date”;

(c) after subsection (5) insert—

“(6) In this section “sell” means sell by retail.”;

(d) in the heading, for “under 18” substitute “born on or after 1 January 2009”.

(3) In section 4B (age verification policy)—

(a) for subsection (3) substitute—

“(3) An “age verification policy”—

(a) in relation to a tobacco business or herbal smoking product business, is a policy that steps are to be taken to establish the age of a person attempting to buy a tobacco product, herbal smoking product or cigarette papers on the premises (the “customer”) if it appears to the person selling the tobacco product, herbal smoking product or cigarette papers that the customer may have been born on or after 1 January 2009 (or such earlier date as may be specified in the policy);

(b) in relation to a vaping product business or nicotine product business, is a policy that steps are to be taken to establish the age of a person attempting to buy a vaping product, or a nicotine product, on the premises (the “customer”) if it appears to the person selling the product that the customer may be under the age of 25 (or such older age as may be specified in the policy).

(3A) In relation to times before the end of 2033, the reference in subsection (3)(a) to the customer being born on or after 1 January 2009 (or such earlier date as may be specified in the policy) has effect as a reference to the customer being under the age of 25 (or such older age as may be specified in the policy).”;

(b) in subsection (4), for “(3)” substitute “(3)(b)”.

(4) In section 6 (purchase of tobacco products on behalf of persons under 18)—

(a) in subsection (1), for “under the age of 18” substitute “born on or after 1 January 2009”;

(b) in the heading, for “under 18” substitute “born on or after 1 January 2009”.

(5) In section 8 (display of warning statements), in subsection (2)(a), for “under the age of 18” substitute “born on or after 1 January 2009”.

Commencement Information

I1 S. 52 in force at 1.1.2027, see s. 175(3)