OpenLegislation

Regulation 2 InterpretationI1

England and Wales

In these Regulations—

  • “civil sanction” (“sancsiwn sifil”) means a fixed monetary penalty, a variable monetary penalty, a compliance notice, a non-compliance penalty, a stop notice or an enforcement undertaking (and references to imposition of a civil sanction include acceptance of an enforcement undertaking);

  • “compliance notice” (“hysbysiad cydymffurfio”) has the meaning given by paragraph 1(1)(c) of the Schedule;

  • “container” (“cynhwysydd”) means a cartridge, pod, tank, capsule, or any other receptacle designed to hold a vaping substance and to be used with a vape;

  • “enforcement officer” (“swyddog gorfodaeth”) means a person authorised under regulation 7(1);

  • “enforcement undertaking” (“ymgymeriad gorfodi”) means a written undertaking to take such action as may be specified in the undertaking, within such period as may be so specified;

  • “fixed monetary penalty” (“cosb ariannol benodedig”) has the meaning given by paragraph 1(1)(a) of the Schedule;

  • “local authority” (“awdurdod lleol”) means a county council or county borough council in Wales;

  • “non-compliance penalty” (“cosb am beidio â chydymffurfio”) has the meaning given in paragraph 26(1) of the Schedule;

  • “premises” (“mangre”) includes any land, vehicle, vessel or mobile plant;

  • “regulator” (“rheoleiddiwr”) means a local authority;

  • “single-use vape” (“fêp untro”) has the meaning given in regulation 3(1);

  • “stop notice” (“hysbysiad stop”) has the meaning given by paragraph 11(2) of the Schedule;

  • “supply” (“cyflenwi”) means supply, whether by sale or not, in the course of a business;

  • “third-party undertaking” (“ymgymeriad trydydd parti”) has the meaning given by paragraph 3(1) of the Schedule;

  • “vape” (“fêp”) means a device that—

    1. (a)

      vaporises substances, other than tobacco, for the purposes of inhalation through a mouthpiece (whether or not it also vaporises tobacco); and

    2. (b)

      is not a medical device within the meaning of regulation 2(1) of the Medical Devices Regulations 2002f1 or a medicinal product within the meaning of regulation 2(1) of the Human Medicines Regulations 2012f2;

  • “vaping substance” (“sylwedd fepio”) means a substance, other than tobacco, that is intended to be vaporised with a vape;

  • “vaporise” (“anweddu”) includes aerosolise;

  • “variable monetary penalty” (“cosb ariannol amrywiadwy”) has the meaning given by paragraph 1(1)(b) in the Schedule.

Annotations

Commencement

I1

Reg. 2 in force at 1.6.2025, see reg. 1(2)

Footnotes

f1

S.I. 2002/618, amended by S.I. 2008/2936. There are other amending instruments but none are relevant.

f2

S.I. 2012/1916.