The Tobacco and Vapes Act 2026 (Age of Sale Notices and Consequential Amendments) (Wales) Regulations 2026
W.S.I. 2026/124 · Made 16 October 2026
PUBLIC HEALTH, WALES
Made 16 October 2026
Coming into force 1 January 2027
The Welsh Ministers make these Regulations in exercise of the powers conferred by sections 6 (4), and 170 (1) (a) and (3) (a) (i) of the Tobacco and Vapes Act 2026f1, section 7B (3) of the Tobacco Advertising and Promotion Act 2002f2, and section 26 (3) of the Welsh Language Act 1993f3.
Annotations to the whole text
Footnotes
- f1
- f2
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2002 c. 36. Section 7B was inserted by section 21 of the Health Act 2009 (c. 21). The Welsh Ministers are the “appropriate Minister” in relation to Wales under section 21 (1) of the Tobacco Advertising and Promotion Act 2002, which was substituted by section 24 of, and paragraphs 2 and 12 of Schedule 4 to, the Health Act 2009.
- f3
Contents
- 1Title and coming into force
- 2Age of sale notice at each point of sale: minimum size
- 3Age of sale notice at each point of sale: minimum size of statements
- 4Amendments to the Tobacco Advertising and Promotion (Display) (Wales) Regulations 2012
- 5Amendments to the Tobacco Advertising and Promotion (Display of Prices) (Wales) Regulations 2012
- Signature
- Explanatory note
1Title and coming into force
The title of these Regulations is the Tobacco and Vapes Act 2026 (Age of Sale Notices and Consequential Amendments) (Wales) Regulations 2026.
These Regulations come into force on 1 January 2027.
2Age of sale notice at each point of sale: minimum size
The size of the notice to be displayed in accordance with section 6 (1) of the Tobacco and Vapes Act 2026f1 (age of sale notice at point of sale: Wales) must be a minimum of 297 millimetres by 420 millimetres.
3Age of sale notice at each point of sale: minimum size of statements
The size of the statements to be displayed on the notice referred to in regulation 2 must be such that every letter and number is a minimum of 12 millimetres high.
4Amendments to the Tobacco Advertising and Promotion (Display) (Wales) Regulations 2012
The Tobacco Advertising and Promotion (Display) (Wales) Regulations 2012f1 are amended as follows.
In regulation 4 (display as a consequence of a requested display), in paragraph (1), for “aged 18 or over” substitute “born before 1 January 2009”.
In regulation 5 (display in bulk tobacconists)—
in paragraph (2), in sub-paragraph (b), for the words from “Mae” to “age of 18” substitute—
“Mae’n anghyfreithlon gwerthu cynhyrchion tybaco i unrhyw un a anwyd ar neu ar ôl 1 Ionawr 2009
It is illegal to sell tobacco products to anyone born on or after 1 January 2009”;
for paragraph (3), substitute—
“(3)The dimensions of the notice to be exhibited in accordance with paragraph (2)(b) must be a minimum of 297 millimetres by 420 millimetres and the size of the statement to be displayed on the notice must be such that every letter and number is a minimum of 12 millimetres high.”.
5Amendments to the Tobacco Advertising and Promotion (Display of Prices) (Wales) Regulations 2012
The Tobacco Advertising and Promotion (Display of Prices) (Wales) Regulations 2012f1 are amended as follows.
In regulation 7 (price lists: available only on request)—
in paragraph (1)—
in sub-paragraph (a), for “aged 18 or over” substitute “born before 1 January 2009”;
in sub-paragraph (b), for “is aged 18 or over” substitute “was born before 1 January 2009”;
in paragraph (2)—
in the words before sub-paragraph (a), for “is aged 18 or over” substitute “was born before 1 January 2009”;
in sub-paragraph (a), for “aged under 18” substitute “born on or after 1 January 2009”;
in sub-paragraph (b), for “age” substitute “date of birth”.
Signature
Nerys Evans
Deputy Minister for Public and Preventative Health, under authority of the Cabinet Minister for Health and Care, one of the Welsh Ministers
16 October 2026
Explanatory note
(This note is not part of the Regulations)
Section 1 of the Tobacco and Vapes Act 2026 (“the 2026 Act”) changes the required age at which an individual can legally be sold tobacco products from an individual aged 18 or over, to an individual born before 1 January 2009. Under section 6 (1) of the 2026 Act, tobacco retailers in Wales must display a notice on their premises that contains the statements in section 6 (2) of that Act to reflect the new age of sale requirement. Regulation 2 prescribes the minimum size requirements for such a notice, and regulation 3 prescribes the minimum size of the statements to be contained in that notice.
These Regulations also make amendments consequential to the 2026 Act to regulations governing the display of tobacco products and prices in Wales. Regulation 4(2) amends the Tobacco Advertising and Promotion (Display) (Wales) Regulations 2012 (“the Tobacco Products Display Regulations”) to update the exemption available where display to a third person results from a requested display (as defined in section 7B (8) of the Tobacco Advertising and Promotion Act 2002), in consequence of the new age of sale requirement. Regulation 5 makes equivalent amendments to the requirements for the display of price lists in the Tobacco Advertising and Promotion (Display of Prices) (Wales) Regulations 2012.
Regulation 4(3) of these Regulations updates the exemption in the Tobacco Products Display Regulations for bulk tobacconists in Wales (as defined in regulation 2 (1) of those Regulations) in consequence of the new age of sale requirement. Regulation 4(3) also amends, for consistency with regulations 2 and 3 of these Regulations, the minimum size of the notice that bulk tobacconists must display and the minimum size of the statement on that notice.
The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from Welsh Government, Cathays Park, Cardiff, CF10 3NQ and is published on www.gov.wales.