(This note is not part of the Regulations)
These Regulations, made under Part 5 of the Children and Families Act 2014, contain provisions to make it an offence to sell certain nicotine inhaling products to persons aged under 18 and for an adult to purchase nicotine inhaling products on behalf of a person aged under 18.
Regulation 2 amends section 91 of the Children and Families Act 2014. Under that section it is an offence for an adult to purchase tobacco or cigarette papers on behalf of someone under 18. That section is amended so that it is also an offence for an adult to purchase relevant nicotine products on behalf of someone under 18.
Regulation 3 prohibits the sale of nicotine inhaling products to someone under the age of 18.
Regulation 4 provides for an exception to the prohibition in regulation 3 if the product is licenced as either a medicinal product or a medical device and is sold by prescription.
Regulation 5 provides for an exception to the prohibition in regulation 3 if the product is an authorised medicinal product which has been indicated for the treatment of persons that are of the age of the person the product is sold to.
Regulation 6 includes section 92 of the Children and Families Act 2014 in the list of enactments in Schedule 3 to the Regulatory Enforcement and Sanctions Act 2008. That Schedule sets out the enactments which contain the functions of local authorities about which the Local Better Regulations Office (now the Better Regulation Delivery Office), established under that Act, may provide guidance on, or financial assistance in respect of.
Regulation 7 provides for a review of the prohibition on the sale of nicotine products to persons under 18.
An Impact Assessment has been prepared for these Regulations and is published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.