Section 86 Interpretation of 1978 OrderI1

For Article 7 of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) substitute—

“Interpretation

Interpretation of Part 2

7

In this Part—

• “cigarette papers” includes anything intended to be used for encasing tobacco products or herbal smoking products for the purpose of enabling them to be smoked;

• “filter” means a filter that is intended to be used when smoking a tobacco product or herbal smoking product (including a filter that forms part of, or that is intended to be inserted into, an item such as a cigarette holder or pipe);

• “herbal smoking product” means a product consisting wholly or partly of vegetable matter and intended to be smoked but not containing tobacco;

• “medical device” has the meaning given by the Medical Devices Regulations 2002 (S.I. 2002/618);

• “medicinal product” has the meaning given by the Human Medicines Regulations 2012 (S.I. 2012/1916);

• “nicotine product” has the meaning given by Article 7A;

• “premises” means any place (including a vehicle or moveable structure);

• “retail packaging”, in relation to a thing, means the packaging in which it is, or is intended to be, presented for sale by retail;

• “sell” means sell by retail;

• “tobacco product” means a product consisting wholly or partly of tobacco and intended to be smoked, sniffed, sucked, chewed or consumed in any other way;

• “tobacco related device” means—

  1. (a)

     a device, other than a vape, which enables a tobacco product to be consumed (for example, a heated tobacco device or pipe), or

  2. (b)

     an item which is intended to form part of such a device;

• “tobacco retailer” means a person who carries on a business involving the sale of tobacco products by retail;

• “vape” means—

  1. (a)

     a device which—

     1. (i)

        vaporises substances, other than tobacco, for the purpose of inhalation through a mouthpiece (whether or not it also vaporises tobacco), and

     2. (ii)

        is not a medical device or a medicinal product, or

  2. (b)

     an item which is intended to form part of a device within paragraph (a) (including anything intended to be attached to it with a view to imparting flavour);

• “vaping product” means—

  1. (a)

     a vape, or

  2. (b)

     a vaping substance;

• “vaping substance” means a substance, other than tobacco, that is intended to be vaporised by a vape;

• “vaporises” includes aerosolises;

• “vehicle” means every type of vehicle, including a vessel, aircraft and hovercraft.

Meaning of nicotine product

7A

(1)

In this Part “nicotine product” means—

(a)

a device which is intended to enable nicotine to be delivered into the human body,

(b)

an item which is intended to form part of a device within sub-paragraph (a),

(c)

nicotine, or any substance containing nicotine, which is intended to be delivered into the human body, or

(d)

an item containing anything within sub-paragraph (c).

(2)

But the following are not “nicotine products” for the purposes of this Article—

(a)

a tobacco product;

(b)

a herbal smoking product;

(c)

cigarette papers;

(d)

any device which is intended to be used for the consumption of tobacco products;

(e)

a vaping product;

(f)

a medical device;

(g)

a medicinal product.”