{
  "url": "https://openlegislation.uk/draft-environmental-protection-single-use-vapes-scotland-regulations-2024/note",
  "json_url": "https://openlegislation.uk/draft-environmental-protection-single-use-vapes-scotland-regulations-2024/note.json",
  "legislation": "sdsi/2024/9780111060315",
  "legislation_title": "The Environmental Protection (Single-use Vapes) (Scotland) Regulations 2024",
  "legislation_url": "https://openlegislation.uk/draft-environmental-protection-single-use-vapes-scotland-regulations-2024",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations prohibit the supply, whether by sale or otherwise, in the course of business of single-use vapes and come into force on 1 April 2025.\nRegulation 4 provides that it is an offence for a person, in the course of business, to supply, offer to supply, or have in their possession for supply, single-use vapes. A person found guilty of an offence under regulation 4 is liable on summary conviction to a fine not exceeding level 5 on the standard scale and, on conviction on indictment, to a term of imprisonment not exceeding 2 years or a fine, or both.\nRegulation 5 provides that it is an offence for a person to fail without reasonable excuse to comply with a requirement imposed in the exercise of an enforcement officer’s powers under regulation 9(1)(c)(iii), (i) or (k). A person found guilty of an offence under regulation 5 is liable on summary conviction to a fine not exceeding level 5 on the standard scale.\nRegulation 6 makes provision for offences by bodies corporate, Scottish partnerships and unincorporated associations. Regulation 7 provides a due diligence defence.\nRegulation 8 provides that a local authority may authorise any person who appears suitable to exercise any of the powers specified in regulation 9.\nRegulation 9 provides for enforcement officers to have powers of entry and associated powers to carry out the necessary investigations in order to determine whether an offence has been or is being committed.\nRegulation 10 makes provision for enforcement officers to obtain warrants in certain circumstances.\nA Business Regulatory Impact assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies can be obtained from the Scottish Government, Product Stewardship Division, Area 3H South, Victoria Quay, Edinburgh, EH6 6QQ.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/sdsi/2024/9780111060315/note",
    "retrieved_at": "2026-10-30T15:29:09.021454+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}