OpenLegislation

Paragraph 18 I1

In section 35 (interpretation), in subsection (1)—

(a)

omit the definition of “nicotine vapour product business”;

(b)

in the definition of “tobacco or nicotine vapour product business”, for “nicotine vapour” substitute “vaping” in both places;

(c)

at the appropriate places insert—

  • ““medical device” has the meaning given by the Medical Devices Regulations 2002 (S.I. 2002/618),”;

  • ““medicinal product” has the meaning given by the Human Medicines Regulations 2012 (S.I. 2012/1916),”;

  • ““vape” means—

    1. (a)

      a device which—

      1. (i)

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

      2. (ii)

        is not a medical device or a medicinal product, or

    2. (b)

      an item which is intended to form part of a device within paragraph (a) (including anything intended to be attached to it with a view to imparting flavour),”;

  • ““vaping product” means—

    1. (a)

      a vape, or

    2. (b)

      a vaping substance,”;

  • ““vaping product business” means a business involving the sale of vaping products by retail,”;

  • ““vaping substance” means a substance, other than tobacco, that is intended to be vaporised by a vape,”;

  • ““vaporises” includes aerosolises (and “vaporised” is to be construed accordingly).”

Annotations

Commencement

I1

Sch. 8 para. 18 in force at 29.10.2026, see s. 175(1)