Regulation 4 Approval requirement

(1)

A person (P) may only—

(a)

produce vaping products if, and to the extent P is, approved to do so under paragraph (2), except where regulation 5 applies;

(b)

store vaping products if, and to the extent P is, approved to do so under—

(i)

paragraph (3), or

(ii)

another customs or excise approval.

(2)

The Commissioners may approve P to produce vaping products under this regulation only if—

(a)

they are satisfied P is a fit and proper person to do so,

(b)

P has a fixed place of business in the United Kingdom, and

(c)

they intend to approve P to store vaping products under paragraph (3) at the same time (irrespective of whether they have already approved P to store vaping products under another customs or excise approval).

(3)

The Commissioners may approve P to store vaping products under this regulation only if they intend to approve P to produce vaping products under paragraph (2) at the same time.

(4)

Where the Commissioners approve P to produce and store vaping products under this regulation—

(a)

they must approve premises, or parts of premises, on which P may do so, and the extent to which P may do so;

(b)

no person other than P may occupy premises the whole or any part of which the Commissioners have approved under sub-paragraph (a).

(5)

Where the Commissioners approve parts of premises under paragraph (4)(a), each approved part must be clearly separated from all other parts (whether or not the Commissioners have approved those other parts under that paragraph).

(6)

An approval given under this regulation is subject to any conditions or restrictions—

(a)

specified in a notice published by the Commissioners;

(b)

imposed by the Commissioners in a particular case.

(7)

The Commissioners may—

(a)

specify in a notice published by them what it means, for the purposes of this regulation—

(i)

to be a fit and proper person;

(ii)

to have a fixed place of business in the United Kingdom;

(iii)

for approved parts of premises to be clearly separated from all other parts;

(b)

at any time vary or revoke an approval given under this regulation.

(8)

An application for a vaping products approval must be made in such form and manner, and contain such information, as the Commissioners may specify in a notice published by them.

(9)

In this regulation, “another customs or excise approval” means an approval specified in a notice published by the Commissioners for the purposes of this regulation.