Tobacco and Vapes Act 2026 in Scotland
2026 c. 18 · Enacted 29 April 2026 · Extends to United Kingdom
An Act to make provision about the supply of tobacco, vapes and other products, including provision prohibiting the sale of tobacco to people born on or after 1 January 2009 and provision about the licensing of retail sales and the registration of retailers; to enable product and information requirements to be imposed in connection with tobacco, vapes and other products; to control the advertising and promotion of tobacco, vapes and other products; and to make provision about smoke-free places, vape-free places and heated tobacco-free places.
[29th April 2026]
Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Contents
- Part 2: Sale and distribution: Scotland
- Sale of tobacco etc
- 52Age of sale for tobacco products etc Not yet in force
- 53Sale of unpackaged cigarettes
- 54Repeal of offence of purchasing tobacco products by under 18s
- 55Repeal of power to confiscate tobacco products from persons under 18
- 56Extension of tobacco legislation to herbal smoking products
- 57Power to make provision about warning statements
- Snus etc
- 58Ban on manufacture of snus etc
- 59Ban on sales of snus etc
- 60Possession of snus etc with intent to supply
- Vaping and nicotine products
- 61Extension of offences to vaping and nicotine products
- 62Meaning of “nicotine product”
- Age verification
- 63Age verification in relation to tobacco and vaping products etc
- Displays of products or prices
- 64Displays of vaping and nicotine products
- Free distribution and discounts
- 65Free distribution and discount of products
- Alignment of definitions
- 66Alignment of definition of “filter” etc
- 67Alignment of definition of “tobacco product”
- 68Alignment of definition of “vaping product”
- Extension of retailer register etc
- 69Extension of retailer register etc
- Miscellaneous
- 70Crown application of 2010 Act
- 71Power to extend 2010 Act to other products
- Part 4: Snus etc: seizure and detention powers
- 92Power of officer of Revenue and Customs to seize and detain snus etc
- 93Extension of section 92 to filters
- Part 5: Product and information requirements etc
- Product requirements etc
- 94Retail packaging
- 95Features of products
- 96Contents and flavour
- 97Substances released into human body and emissions
- Non-compliant images
- 98Non-compliant images
- Registration and information requirements
- 99Registration
- 100Information
- 101Studies
- 102Responsible person
- Quality control and safety
- 103Testing
- 104Product safety
- Matters dealt with by 2016 Regulations
- 105Matters dealt with by 2016 Regulations
- 106Treatment of 2016 Regulations
- Supplementary and miscellaneous
- 107Offences
- 108Enforcement
- 109Sub-delegation
- 110Power to make provision binding the Crown
- 111Power to amend legislation
- 112Consequential repeal
- 113Enforcement of 2016 Regulations
- Consultation and consent
- 114Consultation
- 115Consent to regulations under Part 5
- Interpretation
- 116Interpretation of Part 5
- 117Meaning of “nicotine product”
- Part 6: Advertising and sponsorship
- Advertising Not yet in force
- 118Publishing advertisements Not yet in force
- 119Designing advertisements Not yet in force
- 120Printing advertisements Not yet in force
- 121Distributing advertisements Not yet in force
- 122Causing publication, designing, printing or distribution Not yet in force
- 123Internet services Not yet in force
- 124Exceptions for internet service providers (conduits, caching and hosting) Not yet in force
- 125Advertising defences: general Not yet in force
- 126Advertising defence: public health campaigns Not yet in force
- 127Specialist tobacconists Not yet in force
- 128Exclusion for advertisements that are displays Not yet in force
- Brandsharing Not yet in force
- 129Brandsharing Not yet in force
- Sponsorship
- 130Sponsorship: tobacco products Not yet in force
- 131Sponsorship: vaping and nicotine and other products
- Audiovisual services and radio broadcasting Not yet in force
- 132Audiovisual services and radio broadcasting Not yet in force
- 133Extension of provisions about audiovisual and radio broadcasting Not yet in force
- Offences by bodies Not yet in force
- 134Liability of others for offences committed by bodies Not yet in force
- Enforcement Not yet in force
- 135Enforcement authorities Not yet in force
- 136Power of ministers etc to take over enforcement functions Not yet in force
- 137Power of ministers etc to take over proceedings Not yet in force
- Alignment of definition in old advertising legislation pending replacement
- 138Alignment of definition of “tobacco product” in old legislation
- Power to extend advertising legislation Not yet in force
- 139Power to extend Part 6 and Communications Act 2003 to other products Not yet in force
- Crown application
- 140Crown application
- Interpretation
- 141Interpretation of Part 6
- Part 7: Smoke-free places, vape-free places and other free-from places Not yet in force
- England Not yet in force
- 142Addition of smoke-free places in England Not yet in force
- 143Smoke-free premises: recasting of power to exempt performers Not yet in force
- 144No-smoking signs in England Not yet in force
- 145Vape-free places in England Not yet in force
- 146Heated tobacco-free places in England Not yet in force
- 147Amendments consequential on sections 142 to 146 Not yet in force
- Scotland Not yet in force
- 148No-smoking premises in Scotland Not yet in force
- 149No-smoking signs in Scotland Not yet in force
- 150Vape-free premises in Scotland Not yet in force
- 151Heated tobacco-free premises in Scotland Not yet in force
- 152Amendments consequential on sections 148 to 151 Not yet in force
- Wales Not yet in force
- 153Smoke-free places and vehicles in Wales: duty to consult Not yet in force
- 154Smoke-free vehicles in Wales Not yet in force
- 155No-smoking signs in Wales Not yet in force
- 156Vape-free places in Wales Not yet in force
- 157Heated tobacco-free places in Wales Not yet in force
- 158Amendments consequential on sections 153 to 157 Not yet in force
- Northern Ireland Not yet in force
- 159Additional smoke-free places in Northern Ireland Not yet in force
- 160No-smoking signs in Northern Ireland Not yet in force
- 161Vape-free places in Northern Ireland Not yet in force
- 162Heated tobacco-free places in Northern Ireland Not yet in force
- 163Amendments consequential on sections 159 to 162 Not yet in force
- Ships Not yet in force
- 164Power to prohibit vaping etc on ships Not yet in force
- Part 8: General
- 165Review of Act
- 166Application to Parliament
- 167Further consequential amendments Not yet in force
- 168Power of Secretary of State to make consequential provision
- 169Power of Scottish Ministers to make consequential provision
- 170Power of Welsh Ministers to make consequential provision
- 171Power of Northern Ireland department to make consequential provision
- 172Regulations: general
- 173Regulations and orders: procedure
- 174Extent
- 175Commencement: Parts 1 to 4
- 176Commencement: Parts 5 to 8
- 177Transitional provision
- 178Short title
- 2Paragraph 2
- 3Paragraph 3
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 9Paragraph 9
- 10Paragraph 10
- 12Paragraph 12
- 13Paragraph 13
- 17Paragraph 17
- 18Paragraph 18
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- Schedule 8: Alignment of definition of “vaping product” in Scottish legislation
- 1Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3)
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Transitional provision
- Schedule 9: Extension of retailer register etc: Scotland
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- Schedule 16: Advertising etc: audiovisual and radio broadcasting Not yet in force
- 1Paragraph 1 Not yet in force
- 2Paragraph 2 Not yet in force
- 3Paragraph 3 Not yet in force
- 4Paragraph 4 Not yet in force
- 5Paragraph 5 Not yet in force
- 6Paragraph 6 Not yet in force
- 7Paragraph 7 Not yet in force
- Schedule 17: Amendments consequential on sections 142 to 146 Not yet in force
- 1Paragraph 1 Not yet in force
- 2Paragraph 2 Not yet in force
- 3Paragraph 3 Not yet in force
- 4Paragraph 4 Not yet in force
- 5Paragraph 5 Not yet in force
- 6Paragraph 6 Not yet in force
- 7Paragraph 7 Not yet in force
- Schedule 18: Amendments consequential on sections 148 to 151 Not yet in force
- 1Paragraph 1 Not yet in force
- 2Paragraph 2 Not yet in force
- 3Paragraph 3 Not yet in force
- 4Paragraph 4 Not yet in force
- 5Paragraph 5 Not yet in force
- 6Paragraph 6 Not yet in force
- 7Paragraph 7 Not yet in force
- 8Paragraph 8 Not yet in force
- 9Paragraph 9 Not yet in force
- Schedule 19: Amendments consequential on sections 153 to 157 Not yet in force
- 1Paragraph 1 Not yet in force
- 2Paragraph 2 Not yet in force
- 3Paragraph 3 Not yet in force
- 4Paragraph 4 Not yet in force
- 5Paragraph 5 Not yet in force
- 6Paragraph 6 Not yet in force
- 7Paragraph 7 Not yet in force
- 8Paragraph 8 Not yet in force
- 9Paragraph 9 Not yet in force
- 10Paragraph 10 Not yet in force
- 11Paragraph 11 Not yet in force
- 12Paragraph 12 Not yet in force
- 13Paragraph 13 Not yet in force
- 14Paragraph 14 Not yet in force
- 15Paragraph 15 Not yet in force
- 16Paragraph 16 Not yet in force
- 17Paragraph 17 Not yet in force
- 18Paragraph 18 Not yet in force
- 19Paragraph 19 Not yet in force
- 20Paragraph 20 Not yet in force
- 21Paragraph 21 Not yet in force
- 22Paragraph 22 Not yet in force
- 23Paragraph 23 Not yet in force
- 24Paragraph 24 Not yet in force
- Schedule 20: Amendments consequential on sections 159 to 162 Not yet in force
- 1Smoking (Northern Ireland) Order 2006 (S.I. 2006/2957 (N.I. 20)) Not yet in force
- 2Smoking (Northern Ireland) Order 2006 (S.I. 2006/2957 (N.I. 20)) Not yet in force
- 3Smoking (Northern Ireland) Order 2006 (S.I. 2006/2957 (N.I. 20)) Not yet in force
- 4Smoking (Northern Ireland) Order 2006 (S.I. 2006/2957 (N.I. 20)) Not yet in force
- 5Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 (c. 26 (N.I.)) Not yet in force
- Schedule 21: Consequential amendments: general Not yet in force
- 1Tobacco Advertising and Promotion Act 2002 Not yet in force
- 2Communications Act 2003 Not yet in force
- 3Regulatory Enforcement and Sanctions Act 2008 Not yet in force
- 4Health Act 2009 Not yet in force
- 5Health Act 2009 Not yet in force
- 6Health Act 2009 Not yet in force
- 7Health Act 2009 Not yet in force
- 8Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) Not yet in force
- 9Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) Not yet in force
- 10Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) Not yet in force
- 11Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) Not yet in force
- 12Consumer Rights Act 2015 Not yet in force
- 13Tobacco and Related Products Regulations 2016 (S.I. 2016/507) Not yet in force
- 14Tobacco and Related Products Regulations 2016 (S.I. 2016/507) Not yet in force
- 15Tobacco and Related Products Regulations 2016 (S.I. 2016/507) Not yet in force
- 16Tobacco and Related Products Regulations 2016 (S.I. 2016/507) Not yet in force
- 17Tobacco and Related Products Regulations 2016 (S.I. 2016/507) Not yet in force
- 18Tobacco and Related Products Regulations 2016 (S.I. 2016/507) Not yet in force
- 19Tobacco and Related Products Regulations 2016 (S.I. 2016/507) Not yet in force
- 20Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14) Not yet in force
- 21Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14) Not yet in force
- 22Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14) Not yet in force
- 23Digital Markets, Competition and Consumers Act 2024 Not yet in force
- 24Media Act 2024 Not yet in force
- 25Media Act 2024 Not yet in force
- 26Media Act 2024 Not yet in force