# Tobacco and Vapes Act 2026, Section 139: Power to extend Part 6 and Communications Act 2003 to other products

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

(1) The Secretary of State may by regulations amend this Part or any provision of the Communications Act 2003 for the purpose of extending any provision that applies in relation to a tobacco product to—
(a) a filter that does not form part of a tobacco product or herbal smoking product;
(b) a device of a specified description which enables a tobacco product to be consumed (for example, a heated tobacco device or pipe);
(c) an item which is intended to form part of such a device.
(2) Before making regulations under this section the Secretary of State must consult any persons the Secretary of State considers it appropriate to consult.
(3) Before making regulations under this section the Secretary of State must obtain the consent of—
(a) the Welsh Ministers, if the regulations contain provision which would be within the legislative competence of Senedd Cymru if contained in an Act of the Senedd;
(b) the Scottish Ministers, if the regulations contain provision which would be within the legislative competence of the Scottish Parliament if contained in an Act of the Scottish Parliament;
(c) the Department of Health in Northern Ireland, if the regulations contain provision which—
(i) would be within the legislative competence of the Northern Ireland Assembly if contained in an Act of the Assembly, and
(ii) would not, if it were contained in a Bill for an Act of the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.
(4) Regulations under this section are subject to the affirmative resolution procedure.

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Source: https://www.legislation.gov.uk/ukpga/2026/18/section/139 (the official version)
Page: https://openlegislation.uk/tobacco-and-vapes-act-2026/section-139
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.