Regulation 11 Disposal of single-use vapes

(1)

The Secretary of State may direct that single-use vapes of a description specified in paragraph (2) are to be treated as waste and disposed of or otherwise treated as the Secretary of State considers necessary.

(2)

The single-use vapes referred to in paragraph (1) are any single-use vapes which have been supplied, offered for supply or held in a person’s possession for supply in contravention of Part 2, and include single-use vapes in respect of which a regulator has imposed civil sanctions under these Regulations in relation to the offence.

(3)

A direction under paragraph (1)—

(a)

may be given to any one or more regulators in connection with any enforcement action taken by a regulator under these Regulations;

(b)

may be applicable in respect of single-use vapes retained by any enforcement officer who is—

(i)

authorised by the regulator concerned, and

(ii)

acting for an authorised purpose;

(c)

must not be executed by the regulator concerned (or by a person acting on the regulator’s behalf) until any right of appeal conferred in relation to the offence concerned under the Schedule to these Regulations is exhausted.