# Tobacco and Vapes Act 2026, Section 128: Exclusion for advertisements that are displays

Extent: E+W+S+N.I.
Status: prospective

(1) No offence is committed under this Part by the display of something that amounts to an advertisement if the display of that thing is subject to the law relating to displays.
(2) For this purpose, the display of something is “subject to the law relating to displays” if—
(a) regulations could be made in respect of the display under section 13 (England);
(b) the display falls within section 1(1) of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) (whether or not an offence is committed under that section in respect of it) or regulations could be made in respect of the display under section 3 or 3A of that Act (Scotland);
(c) regulations could be made in respect of the display under section 14 (Wales);
(d) regulations could be made in respect of the display under Article 4K of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) (Northern Ireland).

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Source: https://www.legislation.gov.uk/ukpga/2026/18/section/128 (the official version)
Page: https://openlegislation.uk/tobacco-and-vapes-act-2026/section-128
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.