{
  "url": "https://openlegislation.uk/tobacco-and-vapes-act-2026/section-86",
  "json_url": "https://openlegislation.uk/tobacco-and-vapes-act-2026/section-86.json",
  "legislation": "ukpga/2026/18",
  "legislation_title": "Tobacco and Vapes Act 2026",
  "legislation_url": "https://openlegislation.uk/tobacco-and-vapes-act-2026",
  "path": "section/86",
  "kind": "section",
  "number": "86",
  "heading": "Interpretation of 1978 Order",
  "text": "For Article 7 of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) substitute—\n“Interpretation\nInterpretation of Part 2\n7 In this Part—\n“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;\n“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);\n“herbal smoking product” means a product consisting wholly or partly of vegetable matter and intended to be smoked but not containing tobacco;\n“medical device” has the meaning given by the Medical Devices Regulations 2002 (S.I. 2002/618);\n“medicinal product” has the meaning given by the Human Medicines Regulations 2012 (S.I. 2012/1916);\n“nicotine product” has the meaning given by Article 7A;\n“premises” means any place (including a vehicle or moveable structure);\n“retail packaging”, in relation to a thing, means the packaging in which it is, or is intended to be, presented for sale by retail;\n“sell” means sell by retail;\n“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;\n“tobacco related device” means—\n(a) a device, other than a vape, which enables a tobacco product to be consumed (for example, a heated tobacco device or pipe), or\n(b) an item which is intended to form part of such a device;\n“tobacco retailer” means a person who carries on a business involving the sale of tobacco products by retail;\n“vape” means—\n(a) a device which—\n(i) vaporises substances, other than tobacco, for the purpose of inhalation through a mouthpiece (whether or not it also vaporises tobacco), and\n(ii) is not a medical device or a medicinal product, or\n(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);\n“vaping product” means—\n(a) a vape, or\n(b) a vaping substance;\n“vaping substance” means a substance, other than tobacco, that is intended to be vaporised by a vape;\n“vaporises” includes aerosolises;\n“vehicle” means every type of vehicle, including a vessel, aircraft and hovercraft.\nMeaning of nicotine product\n7A (1) In this Part “nicotine product” means—\n(a) a device which is intended to enable nicotine to be delivered into the human body,\n(b) an item which is intended to form part of a device within sub-paragraph (a),\n(c) nicotine, or any substance containing nicotine, which is intended to be delivered into the human body, or\n(d) an item containing anything within sub-paragraph (c).\n(2) But the following are not “nicotine products” for the purposes of this Article—\n(a) a tobacco product;\n(b) a herbal smoking product;\n(c) cigarette papers;\n(d) any device which is intended to be used for the consumption of tobacco products;\n(e) a vaping product;\n(f) a medical device;\n(g) a medicinal product.”",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 86 in force at 29.10.2026, see s. 175(1)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2026/18/section/86",
    "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."
}