Section 4A Sale of vaping and nicotine products to persons under 18F1 F4

(1)

A person who sells a F2vaping product or nicotine product to a person under the age of 18 commits an offence.

(2)

It is a defence to a charge in proceedings against a person (“the accused”) under subsection (1) that—

(a)

the accused believed the person under the age of 18 (“the customer”) to be aged 18 or over, and

(b)

the accused had taken reasonable steps to establish the customer's age.

(3)

For the purposes of subsection (2)(b), the accused is to be treated as having taken reasonable steps to establish the customer's age if and only if—

(a)

the accused was shown any of the documents mentioned in subsection (4), and

(b)

that document would have convinced a reasonable person as to the customer's age.

(4)

The documents referred to in subsection (3)(a) are any document bearing to be—

(a)

a passport,

(F3aa)

a UK driving licence,

(b)

a European Union photocard driving licence, or

(c)

such other document, or a document of such description, as may be prescribed.

(5)

A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Annotations

F1: S. 4A inserted (6.2.2017 for specified purposes, 1.4.2017 in so far as not already in force) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 2(1), 36(2); S.S.I. 2017/12, reg. 2, sch.
F2: Words in s. 4A(1) substituted (29.10.2026) by Tobacco and Vapes Act 2026 (c. 18), ss. 61(3)(a), 175(1)
F3: S. 4A(4)(aa) inserted (31.12.2020) by The Public Health and Tobacco (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/142), regs. 1, 3(3); 2020 c. 1, Sch. 5 para. 1(1)
F4: Words in s. 4A heading substituted (29.10.2026) by Tobacco and Vapes Act 2026 (c. 18), ss. 61(3)(b), 175(1)

F1: Pt. 1 heading substituted (29.10.2026) by Tobacco and Vapes Act 2026 (c. 18), s. 175(1), Sch. 8 para. 2 (with Sch. 8 para. 20)
F2: Words in Pt. 1 heading inserted (29.10.2026) by Tobacco and Vapes Act 2026 (c. 18), s. 175(7), Sch. 9 para. 2; S.S.I. 2026/210, reg. 2(1)

F1: Pt. 1 Ch. 1 title substituted (1.4.2017) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 15(1), 36(2); S.S.I. 2017/12, reg. 2, sch.

F1: S. 4 crossheading substituted (6.2.2017 for specified purposes, 1.4.2017 in so far as not already in force) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 2(2), 36(2); S.S.I. 2017/12, reg. 2, sch.
F2: Words in s. 4 cross-heading substituted (29.10.2026) by Tobacco and Vapes Act 2026 (c. 18), ss. 61(2), 175(1)