The Environmental Protection (Single-use Vapes) (Wales) (Amendment) Regulations 2025

Welsh Statutory Instruments

2025 No. 708 (W. 121)

Environmental Protection, Wales

The Environmental Protection (Single-use Vapes) (Wales) (Amendment) Regulations 2025

Made

17 June 2025

Laid before Senedd Cymru

18 June 2025

Coming into force

19 June 2025

The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 140(1)(c) and (d), and (3)(c) of the Environmental Protection Act 1990(1) (“the 1990 Act”).

The Welsh Ministers—

(a)

consider it appropriate to make these Regulations for the purpose of preventing the articles specified in them from causing pollution of the environment and harm to the health of animals;

(b)

have published a notice in the London Gazette and the Western Mail, in accordance with section 140(6)(b)(2) of the 1990 Act, and have considered the representations made in accordance with that notice, as required by section 140(6)(c) of the 1990 Act.

Title and coming into force

1.—(1) The title of these Regulations is the Environmental Protection (Single-use Vapes) (Wales) (Amendment) Regulations 2025.

(2) These Regulations come into force on 19 June 2025.

Amendment of the Environmental Protection (Single-use Vapes) (Wales) Regulations 2024

2.—(1) The Environmental Protection (Single-use Vapes) (Wales) Regulations 2024(3) are amended as follows.

(2) After regulation 10(1)(j)(iv), insert—

“(v) to ensure that it is retained for the purpose of compliance with any direction given by the Welsh Ministers under regulation 12”.

Huw Irranca-Davies

Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs, one of the Welsh Ministers

17 June 2025

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made under powers conferred by section 140 of the Environmental Protection Act 1990 and they amend the Environmental Protection (Single-use Vapes) (Wales) Regulations 2024 (“the principal Regulations”).

The principal Regulations, which apply in Wales, prohibit the supply of single-use vapes.

The amendment makes changes to regulation 10 of the principal Regulations, which contains powers of entry and examination, including the search for and seizure of single-use vapes, and components of single-use vapes. The amendment enables an enforcement officer to possess and retain a single-use vape (or a component of a single-use vape) that is found on premises, for the purpose of compliance with any direction given by the Welsh Ministers under regulation 12 of the principal Regulations. Regulation 12 of the principal Regulations provides a power for the Welsh Ministers to direct that certain single-use vapes be treated as waste.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Welsh Government, Cathays Park, Cardiff, CF10 3NQ.

(1)

1990 c. 43. Section 140(3)(c) was amended by S.I. 1999/1108. By virtue of article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), and section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32), subject to certain exceptions that are not relevant to these Regulations, the functions of the Secretary of State under section 140 are exercisable by the Welsh Ministers in relation to Wales.

(2)

Section 140(6)(b) was amended by S.I. 2012/1923.

(3)

S.I. 2024/1324 (W. 223).