{
  "url": "https://openlegislation.uk/tobacco-and-vapes-act-2026/section-162",
  "json_url": "https://openlegislation.uk/tobacco-and-vapes-act-2026/section-162.json",
  "legislation": "ukpga/2026/18",
  "legislation_title": "Tobacco and Vapes Act 2026",
  "legislation_url": "https://openlegislation.uk/tobacco-and-vapes-act-2026",
  "path": "section/162",
  "kind": "section",
  "number": "162",
  "heading": "Heated tobacco-free places in Northern Ireland",
  "text": "(1) The Smoking (Northern Ireland) Order 2006 (S.I. 2006/2957 (N.I. 20)) is amended as follows.\n(2) In Article 2 (interpretation), in paragraph (3) insert at the appropriate place—\n““heated tobacco-free place”: see Article 9E;\n“heated tobacco-free vehicle”: see Article 9E;”.\n(3) After Article 9D (inserted by section 161 of this Act) insert—\n“Part 4\nUsing heated tobacco devices\nHeated tobacco-free places and vehicles\nHeated tobacco-free places and vehicles\n9E (1) Regulations may designate places or vehicles as heated tobacco-free.\n(2) Only smoke-free places may be designated as heated tobacco-free.\n(3) The regulations may, in particular—\n(a) provide for places or vehicles 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(4) The regulations may, in particular, frame the circumstances in which a vehicle is heated tobacco-free by reference to—\n(a) whether a person under the age of 18 is present;\n(b) its location.\n(5) Before making regulations under this Article the Department must consult any persons it considers it appropriate to consult.\n(6) References in this Order, however expressed, to places or vehicles which are heated tobacco-free are to those places or vehicles so far as they are heated tobacco-free by virtue of regulations under this Article.\n(7) In this Article “smoke-free place” has the meaning given by Article 8(1).\nHeated tobacco-free places and vehicles: signs\nHeated tobacco-free places and vehicles: signs\n9F (1) A person who occupies or is concerned in the management of a heated tobacco-free place must make sure that signs are displayed in or near that place in accordance with any requirements imposed by regulations.\n(2) A person who has management responsibilities for a heated tobacco-free vehicle must make sure that signs are displayed in that vehicle in accordance with any requirements imposed by regulations.\n(3) The signs must indicate that the use of heated tobacco devices is prohibited in the place or vehicle.\n(4) Regulations under paragraph (1) or (2) 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(5) Regulations may create exceptions to the duty in paragraph (2).\n(6) A person who fails to comply with the duty in paragraph (1) or (2) commits an offence.\n(7) It is a defence for a person charged with an offence under paragraph (6) to show—\n(a) that they did not know, and could not reasonably have been expected to know, that the place or vehicle was heated tobacco-free,\n(b) that they did not know, and could not reasonably have been expected to know, that signs complying with the requirements of this Article were not being displayed in accordance with the requirements of this Article, or\n(c) that on other grounds it was reasonable for them not to comply with the duty.\n(8) If a person charged with an offence under paragraph (6) relies on a defence in paragraph (7), and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.\n(9) A person guilty of an offence under paragraph (6) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.\nOffences relating to use of heated tobacco devices\nOffence of using heated tobacco device\n9G (1) A person who uses a heated tobacco device in a heated tobacco-free place or vehicle commits an offence.\n(2) It is a defence for a person charged with an offence under paragraph (1) to show that they did not know, and could not reasonably have been expected to know, that it was a heated tobacco-free place or vehicle.\n(3) If a person charged with an offence under this Article relies on the defence in paragraph (2), and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.\n(4) A person guilty of an offence under this Article is liable on summary conviction to a fine not exceeding level 3 on the standard scale.\nOffence of failing to prevent use of heated tobacco device\n9H (1) A person who controls or is concerned in the management of a heated tobacco-free place must cause a person using a heated tobacco device there to stop using the device.\n(2) The driver of a heated tobacco-free vehicle, and any other person specified in regulations, must cause a person using a heated tobacco device in the vehicle to stop using the device.\n(3) A person who fails to comply with the duty in paragraph (1) or (2) commits an offence.\n(4) It is a defence for a person charged with an offence under paragraph (3) to show—\n(a) that they took reasonable steps to cause the person in question to stop using the heated tobacco device,\n(b) that they did not know, and could not reasonably have been expected to know, that the person in question was using a heated tobacco device, or\n(c) that on other grounds it was reasonable for them not to comply with the duty.\n(5) If a person charged with an offence under paragraph (3) relies on a defence in paragraph (4), and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.\n(6) A person guilty of an offence under paragraph (3) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.”\n(4) In Article 15 (regulations), in paragraph (3)(a), after “, 9A” (inserted by section 161 of this Act) insert “, 9E”.",
  "extent": "E+W+S+N.I.",
  "status": "prospective",
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 162 not in force at Royal Assent, see s. 176(3)(d)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2026/18/section/162",
    "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."
}