{
  "url": "https://openlegislation.uk/tobacco-and-vapes-act-2026/section-151",
  "json_url": "https://openlegislation.uk/tobacco-and-vapes-act-2026/section-151.json",
  "legislation": "ukpga/2026/18",
  "legislation_title": "Tobacco and Vapes Act 2026",
  "legislation_url": "https://openlegislation.uk/tobacco-and-vapes-act-2026",
  "path": "section/151",
  "kind": "section",
  "number": "151",
  "heading": "Heated tobacco-free premises in Scotland",
  "text": "(1) The Smoking, Health and Social Care (Scotland) Act 2005 (asp 3) is amended as follows.\n(2) After section 4H (inserted by section 150 of this Act) insert—\n“Chapter 3\nUse of heated tobacco devices: prohibition and control\nOffence of permitting breaches in heated tobacco-free premises\n4I (1) A person who, having the management or control of heated tobacco-free premises, knowingly permits another to use a heated tobacco device there commits an offence.\n(2) A person accused of an offence under this section is to be regarded as having knowingly permitted another to use a heated tobacco device in heated tobacco-free premises if that person ought to have known that the other person was using a heated tobacco device there.\n(3) It is a defence for an accused charged with an offence under this section to prove—\n(a) that the accused (or any employee or agent of the accused) took all reasonable precautions and exercised all due diligence not to commit the offence; or\n(b) that there were no lawful and reasonably practicable means by which the accused could prevent the other person from using a heated tobacco device in the heated tobacco-free premises.\n(4) A person guilty of an offence under this section is liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.\nOffence of using heated tobacco device\n4J (1) A person who uses a heated tobacco device in heated tobacco-free premises commits an offence.\n(2) It is a defence for an accused charged with an offence under this section to prove that the accused did not know, and could not reasonably be expected to have known, that the place in which it is alleged that the accused was using a heated tobacco device was heated tobacco-free premises.\n(3) A person guilty of an offence under this section is liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.\nHeated tobacco-free premises: signs\n4K (1) A person who has management or control of heated tobacco-free premises must make sure that signs are displayed in or near those premises in accordance with any requirements imposed by regulations made by the Scottish Ministers for the purposes of this subsection.\n(2) The signs must indicate that the use of heated tobacco devices is prohibited in the premises.\n(3) Regulations under subsection (1) may, in particular, impose requirements about—\n(a) the content or appearance of a sign (for example, requirements as to its size, design, colour, or wording);\n(b) how and where signs are to be displayed.\n(4) The Scottish Ministers may by regulations create exceptions to the duty in subsection (1).\n(5) A person who fails to comply with the duty in subsection (1) commits an offence.\n(6) It is a defence for an accused charged with an offence under this section to prove that the accused (or any employee or agent of the accused) took all reasonable precautions and exercised all due diligence not to commit the offence.\n(7) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.\nHeated tobacco-free premises\n4L (1) In this Part “heated tobacco-free premises” means such premises as are prescribed by regulations made by the Scottish Ministers as heated tobacco-free.\n(2) Only no-smoking places may be prescribed as heated tobacco-free.\n(3) The power to prescribe premises as heated tobacco-free premises may not be used to prescribe a ship or hovercraft in relation to which regulations could be made under section 85 of the Merchant Shipping Act 1995 (safety and health on ships), including that section as applied by any Order in Council under section 1(1)(h) of the Hovercraft Act 1968.\n(4) Regulations prescribing premises as heated tobacco-free may, in particular—\n(a) provide for them to be heated tobacco-free, in specified circumstances, at specified times or if specified conditions are satisfied (or any combination of those);\n(b) provide for exceptions, which may be framed by reference to the designation by a person of areas which are not heated tobacco-free.\n(5) The Scottish Ministers must consult such persons as they consider appropriate before making any regulations under this section.\n(6) In this section—\n“no-smoking place” means—\n(a) no smoking premises (within the meaning of section 4(2)), and\n(b) a vehicle smoking in which is an offence under the Smoking Prohibition (Children in Motor Vehicles) (Scotland) Act 2016;\n“premises” has the meaning given by section 4(9).”\n(3) In section 40 (regulations or orders), in subsection (3)(a), after “4H(1)” (inserted by section 150 of this Act) insert “, 4K or 4L(1)”.",
  "extent": "E+W+S+N.I.",
  "status": "prospective",
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 151 not in force at Royal Assent, see s. 176(3)(b)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2026/18/section/151",
    "retrieved_at": "2026-10-31T10:30:55.816893+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}