# Tobacco and Vapes Act 2026, Section 61: Extension of offences to vaping and nicotine products

Extent: S

(1) The Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) is amended in accordance with subsections (2) to (7).
(2) In the italic heading before section 4, for “and nicotine vapour” substitute “, vaping and nicotine”.
(3) In section 4A (sale of nicotine vapour products to persons under 18)—
(a) in subsection (1), for “nicotine vapour” substitute “vaping product or nicotine”;
(b) in the heading, for “nicotine vapour” substitute “vaping and nicotine”.
(4) In section 4B (age verification policy)—
(a) in subsection (1)(a) and (b), for “tobacco or nicotine vapour product business” substitute “relevant business”;
(b) after subsection (1) insert—
“(1A) In this section “relevant business” means a business which involves the sale of one or more of the following by retail—
(a) tobacco products;
(b) herbal smoking products;
(c) vaping products;
(d) nicotine products.”;
(c) for subsection (2) substitute—
“(2) Subsection (1) does not apply in relation to premises from which—
(a) a product mentioned in subsection (1A) or cigarette papers are, in pursuance of a sale, despatched for delivery to different premises, and
(b) no other relevant business is carried on.”;
(d) in subsection (3)—
(i) for “tobacco product, cigarette papers or a nicotine vapour product” substitute “product mentioned in subsection (1A) or cigarette papers”;
(ii) for “the tobacco product, cigarette papers or nicotine vapour product” substitute “the product”;
(e) in subsection (5)(b) and (c), for “tobacco product, cigarette papers or a nicotine vapour product” substitute “product mentioned in subsection (1A) or cigarette papers”;
(f) in subsection (6), for “tobacco or nicotine vapour product business” substitute “relevant business”.
(5) In section 4C (sale of tobacco or nicotine vapour products by persons under 18)—
(a) in subsection (1), for “or a nicotine vapour” substitute “, a vaping product or a nicotine”;
(b) in the heading, for “or nicotine vapour” substitute “, vaping or nicotine”.
(6) In section 6A (purchase of nicotine vapour products on behalf of persons under 18)—
(a) in subsection (1), for “nicotine vapour” substitute “vaping or nicotine”;
(b) in the heading for “nicotine vapour” substitute “vaping or nicotine”.
(7) For section 9 substitute—
“Vending machines
Prohibited vending machines
9 (1) A person who has the management or control of premises on which a prohibited vending machine is available for use commits an offence.
(2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(3) In this section, “prohibited vending machine” means a machine from which any of the following products may be bought or from which they are dispensed to a customer in connection with a sale—
(a) tobacco products;
(b) herbal smoking products;
(c) cigarette papers;
(d) vaping products;
(e) nicotine products.”
(8) In the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14) omit section 7 (power to extend vending machine prohibition).

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Source: https://www.legislation.gov.uk/ukpga/2026/18/section/61 (the official version)
Page: https://openlegislation.uk/tobacco-and-vapes-act-2026/section-61
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.