# Tobacco and Vapes Act 2026, Section 86: Interpretation of 1978 Order

Extent: N.I.

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—
(a) a device, other than a vape, which enables a tobacco product to be consumed (for example, a heated tobacco device or pipe), or
(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—
(a) a device which—
(i) vaporises substances, other than tobacco, for the purpose of inhalation through a mouthpiece (whether or not it also vaporises tobacco), and
(ii) is not a medical device or a medicinal product, or
(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—
(a) a vape, or
(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.”

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Source: https://www.legislation.gov.uk/ukpga/2026/18/section/86 (the official version)
Page: https://openlegislation.uk/tobacco-and-vapes-act-2026/section-86
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.