Section 4B Age verification policyF1
In this section “relevant business” means a business which involves the sale of one or more of the following by retail—
tobacco products;
herbal smoking products;
vaping products;
nicotine products.
Subsection (1) does not apply in relation to premises from which—
a product mentioned in subsection (1A) or cigarette papers are, in pursuance of a sale, despatched for delivery to different premises, and
no other relevant business is carried on.
An “age verification policy” is a policy that steps are to be taken to establish the age of a person attempting to buy a F6product mentioned in subsection (1A) or cigarette papers on the premises (the “customer”) if it appears to the person selling F7the product that the customer may be under the age of 25 (or such older age as may be specified in the policy).
The Scottish Ministers may by regulations amend the age specified in subsection (3).
The Scottish Ministers may publish guidance on matters relating to age verification policies, including, in particular, guidance about—
steps that should be taken to establish a customer's age,
documents that may be shown to the person selling a F8product mentioned in subsection (1A) or cigarette papers as evidence of a customer's age,
training that should be undertaken by the person selling the F9product mentioned in subsection (1A) or cigarette papers,
the form and content of notices that should be displayed in the premises,
the form and content of records that should be maintained in relation to an age verification policy.
A person who carries on a F10relevant business must have regard to guidance published under subsection (5) when operating an age verification policy.
A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
Annotations
Textual amendments
- F1
S. 4B inserted (1.4.2017) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 3(1), 36(2); S.S.I. 2017/12, reg. 2, sch.
- F2
Words in s. 4B(1)(a) substituted (29.10.2026) by Tobacco and Vapes Act 2026 (c. 18), ss. 61(4)(a), 175(1)
- F3
Words in s. 4B(1)(b) substituted (29.10.2026) by Tobacco and Vapes Act 2026 (c. 18), ss. 61(4)(a), 175(1)
- F4
S. 4B(1A) inserted (29.10.2026) by Tobacco and Vapes Act 2026 (c. 18), ss. 61(4)(b), 175(1)
- F5
S. 4B(2) substituted (29.10.2026) by Tobacco and Vapes Act 2026 (c. 18), ss. 61(4)(c), 175(1)
- F6
Words in s. 4B(3) substituted (29.10.2026) by Tobacco and Vapes Act 2026 (c. 18), ss. 61(4)(d)(i), 175(1)
- F7
Words in s. 4B(3) substituted (29.10.2026) by Tobacco and Vapes Act 2026 (c. 18), ss. 61(4)(d)(ii), 175(1)
- F8
Words in s. 4B(5)(b) substituted (29.10.2026) by Tobacco and Vapes Act 2026 (c. 18), ss. 61(4)(e), 175(1)
- F9
Words in s. 4B(5)(c) substituted (29.10.2026) by virtue of Tobacco and Vapes Act 2026 (c. 18), ss. 61(4)(e), 175(1)
- F10
Words in s. 4B(6) substituted (29.10.2026) by Tobacco and Vapes Act 2026 (c. 18), ss. 61(4)(f), 175(1)
Notes on Part 1
Textual amendments
- 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)
Notes on Chapter 1
Textual amendments
- 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.
Notes on Sale and purchase of tobacco , vaping and nicotine products
Textual amendments
- 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)