Tobacco and Vapes Bill 2024-26

114B

After Clause 48, insert the following new Clause—<br> <b>“Regulations made under Part 1: Windsor Framework</b><br> (1) Before making any regulations under this Part, the Secretary of State must—<br> (a) commission an independent legal opinion assessing—<br> (i) the extent to which the implementation of this Act in Northern Ireland complies with the Windsor Framework;<br> (ii) the likelihood of any increase in the illicit trade in tobacco products if regulations under this Act are made in relation to Northern Ireland otherwise than in England, Wales and Scotland;<br> (b) publish that legal opinion;<br> (c) consult any person they consider appropriate.<br> (2) The Secretary of State may not make regulations under this Part unless the Secretary of State is satisfied that the legal opinion under subsection (1) demonstrates that the implementation of Part 3 of this Act (sale and distribution: Northern Ireland) is fully compliant with the Windsor Framework and consistent with the Tobacco Products Directive of the European Union (2014/40/EU).”

<p>This amendment seeks to prevent the Secretary of State from making regulations about the sale and distribution of tobacco in England and Wales until they have considered and demonstrated that to do the same in Northern Ireland would be fully compatible with the Windsor Framework and the Tobacco Products Directive.</p>

201A

Clause 167, page 120, line 13, leave out “(2) to (8).” and insert “(1A) to (8).<br> (1A) Parts 1 to 3 may not come into force until the Secretary of State commissioned and published the findings of an independent legal opinion showing that these parts are fully compatible with the Windsor Framework and consistent with the Tobacco Products Directive of the European Union (2014/40/EU).”

<p>This amendment seeks to prevent parts 1 to 3 of the Bill coming into force until the Secretary of State has considered and demonstrated that this would be fully compatible with the Windsor Framework and the Tobacco Products Directive.</p>

12

After Clause 6, insert the following new Clause- "Transparency of tobacco sales data (1) The Secretary of State must by regulations make provision requiring every manufacturer and importer of tobacco products to publish, on a quarterly basis, data relating to the sale of tobacco products in England and Wales.

13

After Clause 9, insert the following new Clause- “Ban on manufacture of high-strength oral nicotine products (1) It is an offence to manufacture a high-strength oral nicotine product. (2) In this section “high-strength oral nicotine product" means a nicotine product that- (a) is intended for oral use, (b) is not intended to be inhaled or chewed, and (c) contains more than 20 milligrams of nicotine per portion. (3) A person who commits an offence under this section is liable - (a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates' court, or a fine, or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both."

14

After Clause 9, insert the following new Clause- “Ban on sales of high-strength oral nicotine products (1) It is an offence to- (a) sell a high-strength oral nicotine product, or (b) offer or expose a high-strength oral nicotine product for sale. (2) In this section “high-strength oral nicotine product” has the same meaning as in section (Ban on manufacture of high-strength oral nicotine products). (3) It is a defence for a person charged with an offence under this section to prove that they took all reasonable steps to avoid the commission of the offence. (4) A person who commits an offence under this section is liable – (a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates' court, or a fine, or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.”

15

After Clause 9, insert the following new Clause- “Possession of high-strength oral nicotine products with intent to supply (1) It is an offence for a person to have a high-strength oral nicotine product in their possession with intent to supply it to another in the course of business. (2) In this section “high-strength oral nicotine product” has the same meaning as in section (Ban on manufacture of high-strength oral nicotine products). (3) A person who commits an offence under this section is liable – (a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates' court, or a fine, or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both."

16

Clause 10, page 5, line 16, leave out “age of 18” and insert “voting age, as defined in section (1)(d) of the Representation of the People Act 1983 (parliamentary electors: voting age)”

18

Clause 12, page 6, line 20, at end insert- “(4) Subsection (1) does not apply to the sale of vaping products from vending machines located within a hospital or other healthcare premises operated by a mental health trust, where the vending machine is- (a) situated in an age-restricted area accessible only to patients and staff aged 18 or over, and (b) operated as part of a tobacco dependency recovery service."

19

After Clause 12, insert the following new Clause- "Requirement for retailers of vapes in England to include age-verification technology (1) The Secretary of State may make regulations making it an offence for a tobacco retailer who sells vapes on premises in England to sell vapes that do not contain approved age-gating technology. (2) The Secretary of State may by regulations specify the requirements with which any age-gating technology must comply, which must include (but need not be limited to) - (a) the information, including biometric information, that a user must provide to the age-gating technology in order to be able to use the vape; (b) the steps that the age-gating technology must require the user to take in order to verify their identity and that they are aged 18 or over before first activating the vape for use; (c) the steps which the age-gating technology must require the user to take in order to verify their identity following activation of the vape, and the frequency with, and circumstances in, which the age-gating technology must require these steps to be taken; (d) the requirements with which the age-gating technology must comply in order to ensure the security of the information, including personal data, provided to it by users; (e) the technical specifications which the age-gating technology must meet in order to ensure that it is compatible with vapes made by different manufacturers.

20

After Clause 12, insert the following new Clause – "Requirement for retailers of vapes in Wales to include age-verification technology (1) The Welsh Ministers may make regulations making it an offence for a tobacco retailer who sells vapes on premises in Wales to sell vapes that do not contain approved age-gating technology. (2) The Welsh Ministers may by regulations specify the requirements, with which any age-gating technology must comply, which must include (but need not be limited to) - (a) the information, including biometric information, that a user must provide to the age-gating technology in order to be able to use the vape; (b) the steps that the age-gating technology must require the user to take in order to verify their identity and that they are aged 18 or over before first activating the vape for use; (c) the steps which the age-gating technology must require the user to take in order to verify their identity following activation of the vape, and the frequency with, and circumstances in, which the age-gating technology must require these steps to be taken; (d) the requirements with which the age-gating technology must comply in order to ensure the security of the information, including personal data, provided to it by users; (e) the technical specifications which the age-gating technology must meet in order to ensure that it is compatible with vapes made by different manufacturers. (3) The Welsh Ministers may by regulations under subsection (2) make further provision about requirements with which tobacco retailers must comply. (4) In this section, “age-gating technology” means technology designed to prevent the use of vaping products by persons aged

126

Clause 68, page 35, line 33, leave out “born on or after 1 January 2009” and insert “under the age of 21"

127

Clause 68, page 36, line 6, leave out “born before 1 January 2009” and insert “over the age of 21"

128

Clause 69, page 36, line 16, leave out “born on or after 1 January 2009” and insert “under the age of 21"

129

Clause 69, page 36, line 19, leave out “born on or after 1 January 2009” and insert “under the age of 21"

130

Clause 69, page 36, line 26, leave out “born on or after 1 January 2009” and insert “under the age of 21"

131

Clause 72, page 37, line 28, leave out “born on or after 1 January 2009” and insert “under the age of 21"

141

Clause 90, page 51, line 7, after “trademarks” insert, “, markings containing health warnings"

143

After Clause 90, insert the following new Clause- "Mandatory health warnings on cigarettes and cigarette rolling papers: consultation (1) In developing regulations under section 90, the Secretary of State must consult on draft regulations which would, if made, include a requirement on producers of tobacco products and cigarette papers to print health warnings on individual cigarettes and individual cigarette papers. (2) In this section, “cigarette papers” and “tobacco product” have the same meaning as in section 111 of this Act."

146

After Clause 91, insert the following new Clause – "Definition of vaping flavour The Secretary of State must, within six months of the day on which this Act is passed, publish a statement setting out the criteria by which a vaping product is considered to have a “flavour”, including but not limited to – (a) the ingredients or additives used to produce a corresponding taste or aroma, (b) the methods by which flavour is imparted or presented in the product, whether through liquid composition or packaging, (c) the differentiation between tobacco and non-tobacco flavours, and (d) any threshold or standard for determining the presence or prominence of a flavour."

156

Clause 111, page 60, line 36, at end insert- ""handmade cigar” means a tobacco product that- (a) can be consumed by means of a combustion process and, given its properties and normal consumer expectations, is exclusively intended to be smoked as it is; (b) is constructed entirely manually and without the use of automated processes; (c) has an outer wrapper made entirely of natural tobacco; (d) has a binder made entirely of natural tobacco; (e) contains no reconstituted tobacco or homogenised tobacco product; and (f) does not contain a filter or any filtration mechanism."

157

Clause 111, page 61, line 9, at end insert- “nasal tobacco” means a smokeless tobacco product that can be consumed via the nose;"

158

Clause 111, page 61, line 15, at end insert- ““pipe tobacco” means tobacco that- (a) can be consumed by means of a combustion process, and (b) is exclusively intended for use in a pipe;"

114A

After Clause 48, insert the following new Clause—<br> <b>“Consultation and review of the generational sales ban for tobacco products</b><br> (1) Before making regulations under this Part the Secretary of State must consult—<br> (a) the retailers of a relevant product or representatives of the manufacturers of a relevant product;<br> (b) the manufacturers of a relevant product or representatives of the manufacturers of a relevant product;<br> (c) consumers of a relevant product or representatives of consumers of a relevant product;<br> (d) any other persons that the Secretary of State considers appropriate to consult.<br> (2) Consultation under this section must include a call for evidence.<br> (3) The Secretary of State must have due regard to all views received as part of any consultation under this section.”

<p>This amendment requires the Secretary of State to consult retailers, manufacturers and consumers on the practicality, enforceability and efficacy of the products in scope of the generational sales ban on tobacco products before implementing these regulations.</p>

3

Clause 1, page 2, line 3, leave out “negative” and insert “affirmative”

<p>This amendment provides that regulations to specify methods of customer age verification must be made by the affirmative resolution procedure.</p>

5

After Clause 1, insert the following new Clause—<br> <b>“Sale of tobacco etc: interim period</b><br> (1) It is an offence to sell any of the following to a person under the age of 21—<br> (a) a tobacco product;<br> (b) a herbal smoking product;<br> (c) cigarette papers.<br> (2) It is a defence for a person charged with an offence under subsection (1) to prove—<br> (a) that they took such steps as may be specified in regulations made by the Secretary of State to verify that the customer was not under the age of 21, or<br> (b) that they otherwise took all reasonable steps to avoid the commission of the offence.<br> (3) Before making regulations under subsection (2)(a) the Secretary of State must obtain the consent of the Welsh Ministers if the regulations contain provision which would be within the legislative competence of Senedd Cymru if contained in an Act of the Senedd.<br> (4) Regulations under subsection (2)(a) are subject to the negative resolution procedure.<br> (5) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.”

<p>This amendment provides that the minimum age for the purchase of tobacco products is increased to 21 years during the interim period until the entry in force of the provisions restricting purchases to people born on or after 1 January 2009.</p>

17

Clause 10, page 5, line 28, leave out “negative” and insert “affirmative”

<p>This amendment provides that regulations to specify methods of customer age verification must be made by the affirmative resolution procedure.</p>

148

Clause 95, page 54, line 14, leave out "may" and insert "must"

205

Clause 167, page 120, line 21, at end insert—<br> “(3A) Section (<i>Sale of tobacco etc: interim period</i>) comes into force on the day on which this Act is passed.”

<p>This amendment, alongside another in the name of Lord Moylan, provides that the minimum age for the purchase of tobacco products is increased to 21 years during the interim period until the entry in force of the provisions restricting purchases to people born on or after 1 January 2009.</p>

After Clause 4, insert the following new Clause—<br> <b>“Online sale of tobacco etc</b><br> (1) It is an offence to supply a tobacco product using an internet service, whether by way of sale or not, in the course of a business.<br> (2) It is a defence for a person charged with an offence under this section to prove that they took all reasonable steps to avoid the commission of the offence.<br> (3) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.<br> (4) In this section “internet service“ means a service that is made available by means of the internet.<br> (5) For the purposes of subsection (4) a service is "made available by means of the internet" even where it is made available by means of a combination of—<br> (a) the internet, and<br> (b) an electronic communications service.<br> (6) “Electronic communications service“ has the same meaning as in the Communications Act 2003 (see section 32(2) of that Act).”

<p>This new clause creates an offence of selling tobacco products online.</p>

Clause 45, page 23, line 5, at end insert “subject to section <i>(Impact assessment before further regulation of certain tobacco products)”</i>

After Clause 45, insert the following new Clause—<br> <b>“Impact assessment before commencement of provisions relating to certain tobacco products</b><br> (1) No provision of this Act which applies to handmade cigars, pipe tobacco or nasal tobacco may come into force until the Secretary of State has published an impact assessment under this section.<br> (2) The impact assessment must include, but need not be limited to—<br> (a) an assessment of the likely economic impact of this Act on small businesses and specialist retailers selling such products;<br> (b) an assessment of the expected public health impact of applying this Act to such products; and<br> (c) an analysis of whether alternative legislative or regulatory measures would be more appropriate for such products.<br> (3) The impact assessment must consider the views of specialist retailers, distributors and producers.<br> (4) The Secretary of State must lay the impact assessment before Parliament as soon as practicable after it is published.”

<p>This new Clause would prevent any provision of the Bill from coming into force in relation to handmade cigars, pipe tobacco or nasal tobacco until the Secretary of State has completed and published an impact assessment on the economic and public health effects of applying the Bill to those products. The purpose is to ensure that any extension of the Bill’s measures to these products is informed by proper evidence before implementation.</p>

After Clause 45, insert the following new Clause—<br> <b>“Impact assessment before further regulation of certain tobacco products</b><br> (1) The Secretary of State may not make any regulations under section 45(1) which would have effect in relation to handmade cigars, pipe tobacco or nasal tobacco unless an impact assessment has been published in accordance with this section.<br> (2) The impact assessment must include, but need not be limited to—<br> (a) an assessment of the likely economic impact of any such regulations on small businesses and specialist retailers;<br> (b) an assessment of the expected public health impact of any such regulations; and<br> (c) an analysis of whether alternative legislative or regulatory measures would be more appropriate for such products.<br> (3) The impact assessment must consider the views of specialist retailers, distributors and producers.<br> (4) The Secretary of State must lay the impact assessment before Parliament prior to making any such regulations.”

<p>This new Clause would prevent the Secretary of State from exercising the power in Clause 45(1) to change the provisions of the Act so far as they pertain to handmade cigars, pipe tobacco or nasal tobacco unless an impact assessment has first been completed and published. The assessment would inform Ministers as to the most appropriate form of any further regulation for these products.</p>

After Clause 157, insert the following new Clause—<br> <b>“Amendment of the European Union (Withdrawal) Act 2018</b><br> (1) The European Union (Withdrawal) Act 2018 is amended as follows.<br> (2) In section 7A of the European Union (Withdrawal) Act 2018 (general implementation of remainder of withdrawal agreement), after subsection (4), insert—<br> “(4A) This section does not apply in relation to Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC.”.”

<p>This amendment seeks to assert the primacy of the regulations made in this Bill which affect Northern Ireland in relation to the EU tobacco directive 2014/40/EU.</p>

Clause 167, page 120, line 13, after "by" insert “section <i>(Impact assessment before commencement of provisions relating to certain tobacco products)</i> and”

Clause 18, page 10, line 29, after “authority” insert “or relevant district council”

<p>This amendment and my other amendments to clause 18 and Schedule 2 allow a licensing authority that is a district council but not a local weights and measures authority to impose financial penalties for breach of licensing conditions.</p>

Clause 18, page 11, line 2, leave out subsection (6) and insert—<br> “(6) In this section—<br> “personal licence” has the meaning given by section 16(8);<br> “premises licence” has the meaning given by section 16(8);<br> “relevant district council” means a district council that—<br> (a) is specified as a licensing authority under paragraph 2 of Schedule 1, and<br> (b) is not a local weights and measures authority.”

<p>See the explanatory statement for my amendment to clause 18, page 10, line 29.</p>

Clause 31, page 16, line 36, leave out “and” and insert “or”

<p>This rectifies a minor point of drafting.</p>

Clause 32, page 17, line 27, leave out “local weights and measures authority” and insert “relevant enforcement authority in England and local weights and measures authority in Wales”

<p>My amendments to this clause, clauses 33 and 35 to 39, 44 and 47 and my new clauses inserted after clause 39 collectively ensure that the licensing provisions may be enforced in England concurrently by local weights and measures authorities and by district councils that are licensing authorities.</p>

Clause 32, page 17, line 29, at end insert—<br> “(1A) In this Part “relevant enforcement authority in England” means—<br> (a) a local weights and measures authority in England, and<br> (b) in relation to the enforcement of sections 16 to 18 (retail licensing: England), in addition, any district council in England that—<br> (i) is specified as a licensing authority under paragraph 2 of Schedule 1, and<br> (ii) is not a local weights and measures authority.”

<p>See the explanatory statement for my amendment to clause 32, page 17, line 27.</p>

Clause 33, page 17, line 35, leave out “local weights and measures” and insert “relevant enforcement”

<p>See the explanatory statement for my amendment to clause 32, page 17, line 27.</p>

Clause 35, page 18, line 33, leave out “local weights and measures” and insert “relevant enforcement”

<p>See the explanatory statement for my amendment to clause 32, page 17, line 27.</p>

Clause 36, page 19, line 3, leave out “local weights and measures” and insert “relevant enforcement”

<p>See the explanatory statement for my amendment to clause 32, page 17, line 27.</p>

Clause 37, page 19, line 10, leave out “local weights and measures authority” and insert “relevant enforcement authority in England”

<p>See the explanatory statement for my amendment to clause 32, page 17, line 27.</p>

Clause 37, page 19, leave out line 17

<p>See the explanatory statement for my amendment to clause 32, page 17, line 27.</p>

Clause 37, page 19, leave out line 22

<p>See the explanatory statement for my amendment to clause 32, page 17, line 27.</p>

Clause 37, page 19, leave out line 25

<p>See the explanatory statement for my amendment to clause 32, page 17, line 27.</p>

Clause 37, page 19, line 30, leave out “or 20”

<p>See the explanatory statement for my amendment to clause 32, page 17, line 27.</p>

Clause 37, page 19, line 37, leave out “local weights and measures authority” and insert “relevant enforcement authority in England”

<p>See the explanatory statement for my amendment to clause 32, page 17, line 27.</p>

Clause 37, page 20, line 14, leave out “local weights and measures authority” and insert “relevant enforcement authority in England”

<p>See the explanatory statement for my amendment to clause 32, page 17, line 27.</p>

Clause 38, page 20, line 17, leave out “local weights and measures authority” and insert “relevant enforcement authority in England”

<p>See the explanatory statement for my amendment to clause 32, page 17, line 27.</p>

Clause 38, page 20, line 18, leave out “or 20”

<p>See the explanatory statement for my amendment to clause 32, page 17, line 27.</p>

Clause 38, page 20, line 19, leave out “relevant”

<p>See the explanatory statement for my amendment to clause 32, page 17, line 27.</p>

Clause 38, page 20, line 20, leave out from first “the” to “may” in line 21 and insert “Consolidated Fund the relevant enforcement authority in England”

<p>See the explanatory statement for my amendment to clause 32, page 17, line 27.</p>

Clause 38, page 20, line 25, leave out “local weights and measures authority” and insert “relevant enforcement authority”

<p>See the explanatory statement for my amendment to clause 32, page 17, line 27.</p>

Clause 38, page 20, line 32, leave out subsection (4)

<p>See the explanatory statement for my amendment to clause 32, page 17, line 27.</p>

Clause 39, page 21, line 5, leave out “by local weights and measures authorities in England”

<p>See the explanatory statement for my amendment to clause 32, page 17, line 27.</p>

Clause 39, page 21, line 10, leave out subsection (2)

<p>See the explanatory statement for my amendment to clause 32, page 17, line 27.</p>

Clause 39, page 21, line 16, leave out “or (2)(a)”

<p>See the explanatory statement for my amendment to clause 32, page 17, line 27.</p>

After Clause 39, insert the following new Clause—<br> <b>“Fixed penalty notices: Wales</b><br> (1) A local weights and measures authority in Wales that has reason to believe that a person has committed an offence under, or under regulations made under, any of the following may give the person a fixed penalty notice in respect of the offence—<br> section 1 (sale of tobacco etc to people born on or after 1 January 2009);<br> section 2 (purchase of tobacco etc on behalf of others);<br> section 6 (age of sale notice at point of sale: Wales);<br> section 10 (sale of vaping or nicotine products to under 18s);<br> section 11 (purchase of vaping or nicotine products on behalf of under 18s);<br> section 14 (displays of products or prices in Wales);<br> section 15 (free distribution and discount of products);<br> section 20 (offences in connection with retail licences: Wales).<br> (2) A fixed penalty notice is a notice offering a person the opportunity to discharge any liability to conviction for the offence to which the notice relates by payment of an amount specified in the notice within the relevant period.<br> (3) The amount specified in a fixed penalty notice in respect of an offence under section 20 must be an amount equal to level 4 on the standard scale of fines for summary offences.<br> (4) The amount specified in a fixed penalty notice in respect of any other offence must be £200.<br> (5) For the purposes of this section “the relevant period” is the period of 28 days beginning with the day on which the fixed penalty notice is given.<br> (6) A fixed penalty notice must explain—<br> (a) that the local weights and measures authority has reason to believe that the person has committed the offence, and why,<br> (b) the effect of subsection (7), and<br> (c) when and how payment may be made.<br> (7) Where a fixed penalty notice has been given to a person (and has not been withdrawn)—<br> (a) no proceedings may be instituted for the offence before the end of the relevant period, and<br> (b) the person may not be convicted of the offence if the person pays—<br> (i) the full amount of the fixed penalty in the notice before the end of the relevant period, or<br> (ii) 50% of that amount before the end of the period of 14 days beginning with the day on which the relevant period starts.<br> (8) Where proceedings are instituted for the offence after the end of the relevant period, that period is to be disregarded for the purposes of calculating the period mentioned in section 127(1) of the Magistrates’ Court Act 1980.<br> (9) A fixed penalty notice given under this section may be withdrawn by the local weights and measures authority that gave it at any time before a payment is made in pursuance of the notice.”

<p>See the explanatory statement for my amendment to clause 32, page 17, line 27.</p>

After Clause 39, insert the following new Clause—<br> <b>“Fixed penalties in Wales: use of proceeds</b><br> (1) Any sums received by a local weights and measures authority in Wales in pursuance of fixed penalty notices given in respect of offences under section 20 must be paid into the Welsh Consolidated Fund.<br> (2) But before paying such sums into the Welsh Consolidated Fund the local weights and measures authority may deduct—<br> (a) the costs of investigating offences to which the fixed penalty notices relate, and<br> (b) the costs of issuing the notices.<br> (3) Any sums received by a local weights and measures authority in Wales in pursuance of a fixed penalty notice given in respect of any offence other than an offence under section 20 must be used in connection with their functions under or under regulations made under—<br> (a) this Act;<br> (b) the Tobacco and Related Products Regulations 2016 (S.I. 2016/507);<br> (c) Part 3 of the Public Health (Wales) Act 2017.<br> (4) In this section “fixed penalty notice” means a fixed penalty notice given under section (<i>Fixed penalty notices: Wales</i>).”

<p>See the explanatory statement for my amendment to clause 32, page 17, line 27.</p>

After Clause 39, insert the following new Clause—<br> <b>“Power to change amount of fixed penalties: Wales</b><br> (1) The Welsh Ministers may by regulations amend section (<i>Fixed penalty notices: Wales</i>) in relation to the giving of fixed penalty notices in respect of any offence other than an offence under section 20 so as to—<br> (a) change the amount which must be specified in notices, or<br> (b) change the percentage discount for early payment.<br> (2) The amount mentioned in subsection (1)(a) must not be changed to an amount that exceeds level 3 on the standard scale of fines for summary offences.<br> (3) Regulations under this section are subject to the affirmative resolution procedure.”

<p>See the explanatory statement for my amendment to clause 32, page 17, line 27.</p>

Clause 44, page 22, line 26, leave out “section 37(1) and (3)” and insert “section (<i>Fixed penalty notices: Wales</i>)(1) and (3)”

<p>See the explanatory statement for my amendment to clause 32, page 17, line 27.</p>

Clause 47, page 24, line 1, at end insert—<br> ““relevant enforcement authority in England” has the meaning given by section 32(1A)”

<p>See the explanatory statement for my amendment to clause 32, page 17, line 27.</p>

Leave out Clause 103, and insert the following new Clause—<br> <b>“Enforcement</b><br> (1) Regulations under this Part may include provision about enforcement.<br> (2) The provision that may be made about enforcement includes—<br> (a) provision conferring functions on the relevant enforcement authorities;<br> (b) provision for the appropriate national authority to—<br> (i) direct, in relation to cases of a particular description or a particular case, that any function conferred on a relevant enforcement authority by virtue of the regulations is to be carried out by the appropriate national authority and not by the relevant enforcement authority;<br> (ii) take over the conduct of any proceedings from a relevant enforcement authority in respect of an offence under this Part.<br> (3) The provision that may be made about enforcement includes—<br> (a) provision conferring on a relevant enforcement authority the power to prohibit a person, for a period of up to 6 months, from supplying a product, if the authority has reasonable grounds to suspect that there has been a breach of regulations under this Part in relation to that product;<br> (b) provision for the forfeiture of products—<br> (i) in England and Wales or Northern Ireland, by court order;<br> (ii) in Scotland, by order of a sheriff;<br> (c) provision similar or corresponding to section 88 (HMRC seizure powers).<br> (4) Provision made by virtue of subsection (3)(a) may include—<br> (a) provision for compensation to be payable by a relevant enforcement authority in specified circumstances;<br> (b) provision about the resolution of disputes about compensation.<br> (5) Regulations under this section may include provision conferring jurisdiction on a court or tribunal, including—<br> (a) provision conferring jurisdiction to order a person to reimburse a relevant enforcement authority’s expenditure in specified circumstances;<br> (b) provision about appeals.<br> (6) In this section—<br> “appropriate national authority” means—<br> (a) in relation to England, the Secretary of State,<br> (b) in relation to Wales, the Welsh Ministers,<br> (c) in relation to Scotland, the Scottish Ministers, and<br> (d) in relation to Northern Ireland, the Department of Health;<br> “relevant enforcement authority” means—<br> (a) in relation to England, a local weights and measures authority,<br> (b) in relation to Wales, a local weights and measures authority,<br> (c) in relation to Scotland, a local weights and measures authority, and<br> (d) in relation to Northern Ireland, a district council;<br> “supplying” includes—<br> (a) agreeing to supply;<br> (b) offering or exposing for supply.”

<p>This is intended to replace clause 103. Clause 103(2) allows regulations to apply enforcement provisions in the Consumer Protection Act 1987. The Product Regulation and Metrology Act 2025 repeals those provisions. The new clause recasts, and narrows, the powers in a way that avoids referring to the 1987 Act.</p>

Clause 167, page 120, line 33, leave out from “force” to end of line 34 and insert “on the day on which this Act is passed”

<p>This provides for clause 63 (alignment of definition of “tobacco product” in Scottish legislation) to come into force on the day on which the Bill is passed. The Bill currently provides for it to come into force 2 months later.</p>

Clause 168, page 121, line 13, at end insert— <br> “(za) section 131 comes into force on the day on which this Act is passed;”

<p>This provides for clause 131 (alignment of definition of “tobacco product” in old legislation) to come into force on the day on which the Bill is passed. The Bill currently provides for it to come into force 2 months later.</p>

Clause 168, page 121, line 14, leave out “, 131”

<p>This is consequential on my other amendment to clause 168.</p>

Schedule 1, page 125, line 8, leave out paragraphs (d) and (e)

<p>This removes combined authorities etc from the list of local authorities that can be licensing authorities (since where a county or district council is a licensing authority its functions can be given to a combined authority under other legislation).</p>

Schedule 2, page 125, line 24, at end insert—<br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">In this Schedule “relevant district council” has the meaning given by section 18(6).”</span></span>

<p>See the explanatory statement for my amendment to clause 18, page 10, line 29.</p>

Schedule 2, page 125, line 26, after “authority” insert “or relevant district council”

<p>See the explanatory statement for my amendment to clause 18, page 10, line 29.</p>

Schedule 2, page 126, line 1, after “authority” insert “or relevant district council”

<p>See the explanatory statement for my amendment to clause 18, page 10, line 29.</p>

Schedule 2, page 126, line 6, after “authority” insert “or relevant district council”

<p>See the explanatory statement for my amendment to clause 18, page 10, line 29.</p>

Schedule 2, page 126, line 12, after “authority” insert “or relevant district council”

<p>See the explanatory statement for my amendment to clause 18, page 10, line 29.</p>

Schedule 2, page 126, line 14, after “authority” insert “or relevant district council”

<p>See the explanatory statement for my amendment to clause 18, page 10, line 29.</p>

Schedule 2, page 126, line 15, after “authority” insert “or council”

<p>See the explanatory statement for my amendment to clause 18, page 10, line 29.</p>

Schedule 2, page 126, line 25, after “authority” insert “or relevant district council”

<p>See the explanatory statement for my amendment to clause 18, page 10, line 29.</p>

Schedule 2, page 127, line 7, after “authority” insert “or relevant district council”

<p>See the explanatory statement for my amendment to clause 18, page 10, line 29.</p>

Schedule 2, page 127, line 14, after “authority” insert “or relevant district council”

<p>See the explanatory statement for my amendment to clause 18, page 10, line 29.</p>

After Clause 12, insert the following new Clause—<br> <b>“Age verification policy in England</b><br> (1) A person commits an offence if the person—<br> (a) carries on a tobacco, herbal smoking product, vaping product or nicotine product business, and<br> (b) fails to operate an age verification policy in respect of premises at which the person carries on the tobacco, herbal smoking product, vaping product or nicotine product business.<br> (2) Subsection (1) does not apply to premises (“the business premises”) from which—<br> (a) tobacco products, herbal smoking products, cigarette papers, vaping products or nicotine products are, in pursuance of a sale, despatched for delivery to different premises, and<br> (b) no other tobacco, herbal smoking product, vaping product or nicotine product business is carried on.<br> (3) Before the specified date, an “age verification policy” is a policy that steps are to be taken to establish the age of a person attempting to buy a tobacco product, cigarette papers, a vaping product or a nicotine product on the premises (the “customer”) if it appears to the person selling the tobacco product, cigarette papers, vaping product or nicotine product that the customer may be under the age of 25 (or such older age as may be specified in the policy).<br> (4) After the specified date, an “age verification policy”—<br> (a) in relation to a tobacco business or herbal smoking product business, is a policy that steps are to be taken to establish the age of a person attempting to buy a tobacco product, cigarette papers, herbal smoking product or cigarette papers on the premises (the “customer”) if it appears to the person selling the tobacco product, cigarette papers, herbal smoking product or cigarette papers that the customer may have been born on or after 1 January 2009 (or such earlier date as may be specified in the policy);<br> (b) in relation to a vaping product business or nicotine product business, is a policy that steps are to be taken to establish the age of a person attempting to buy a vaping product, or a nicotine product, on the premises (the “customer”) if it appears to the person selling the product that the customer may be under the age of 25 (or such older age as may be specified in the policy).<br> (5) In relation to times before the end of 2033, the reference in subsection (4)(a) to the customer being born on or after 1 January 2009 (or such earlier date as may be specified in the policy) has effect as a reference to the customer being under the age of 25 (or such older age as may be specified in the policy).<br> (6) The Secretary of State may by regulations amend the age specified in subsection (3) or (4)(b).<br> (7) The Secretary of State may publish guidance on matters relating to age verification policies, including, in particular, guidance about—<br> (a) steps that should be taken to establish a customer’s age;<br> (b) documents that may be shown to the person selling a tobacco product, cigarette papers, herbal smoking product, vaping product or nicotine product as evidence of a customer’s age;<br> (c) training that should be undertaken by the person selling the tobacco product, cigarette papers, herbal smoking product, vaping product or nicotine product in relation to age verification;<br> (d) the form and content of notices that should be displayed in the premises relating to age verification;<br> (e) the form and content of records that should be maintained in relation to an age verification policy.<br> (8) A person who carries on a tobacco, herbal smoking product, vaping product or nicotine product business must have regard to guidance published under subsection (7) when operating an age verification policy.<br> (9) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.<br> (10) Regulations under subsection (6) are subject to the affirmative resolution procedure.<br> (11) In this section—<br> “herbal smoking product business” means a business involving the sale of herbal smoking products by retail;<br> “nicotine product business” means a business involving the sale of nicotine products by retail;<br> “the specified date” is 1 January 2027;<br> “tobacco business” means a business involving the sale of tobacco products by retail;<br> “tobacco, herbal smoking product or vaping product business” means a business which involves any one or more of the following—<br> (a) a tobacco business,<br> (b) a herbal smoking product business, or<br> (c) a vaping product business;<br> “vaping product business” means a business involving the sale of vaping products by retail.”

<p>This new clause would introduce a requirement on businesses to operate an age verification policy covering steps to be taken to establish the age of persons attempting to buy tobacco, herbal smoking, vaping/nicotine products, or cigarette papers. It reflects provisions in place in Scotland to be amended by the Bill.</p>

After Clause 12, insert the following new Clause—<br> <b>“Age verification policy in Wales</b><br> (1) A person commits an offence if the person—<br> (a) carries on a tobacco, herbal smoking product, vaping product or nicotine product business, and<br> (b) fails to operate an age verification policy in respect of premises at which the person carries on the tobacco, herbal smoking product, vaping product or nicotine product business.<br> (2) Subsection (1) does not apply to premises (“the business premises”) from which—<br> (a) tobacco products, herbal smoking products, cigarette papers, vaping products or nicotine products are, in pursuance of a sale, despatched for delivery to different premises, and<br> (b) no other tobacco, herbal smoking product, vaping product or nicotine product business is carried on.<br> (3) Before the specified date (see subsection (11)), an “age verification policy” is a policy that steps are to be taken to establish the age of a person attempting to buy a tobacco product, cigarette papers, a vaping product or a nicotine product on the premises (the “customer”) if it appears to the person selling the tobacco product, cigarette papers, vaping product or nicotine product that the customer may be under the age of 25 (or such older age as may be specified in the policy).<br> (4) After the specified date, an “age verification policy”—<br> (a) in relation to a tobacco business or herbal smoking product business, is a policy that steps are to be taken to establish the age of a person attempting to buy a tobacco product, cigarette papers, herbal smoking product or cigarette papers on the premises (the “customer”) if it appears to the person selling the tobacco product, cigarette papers, herbal smoking product or cigarette papers that the customer may have been born on or after 1 January 2009 (or such earlier date as may be specified in the policy);<br> (b) in relation to a vaping product business or nicotine product business, is a policy that steps are to be taken to establish the age of a person attempting to buy a vaping product, or a nicotine product, on the premises (the “customer”) if it appears to the person selling the product that the customer may be under the age of 25 (or such older age as may be specified in the policy).<br> (5) In relation to times before the end of 2033, the reference in subsection (4)(a) to the customer being born on or after 1 January 2009 (or such earlier date as may be specified in the policy) has effect as a reference to the customer being under the age of 25 (or such older age as may be specified in the policy).<br> (6) Welsh Ministers may by regulations amend the age specified in subsection (3) or (4)(b).<br> (7) Welsh Ministers may publish guidance on matters relating to age verification policies, including, in particular, guidance about—<br> (a) steps that should be taken to establish a customer’s age;<br> (b) documents that may be shown to the person selling a tobacco product, cigarette papers, herbal smoking product, vaping product or nicotine product as evidence of a customer’s age;<br> (c) training that should be undertaken by the person selling the tobacco product, cigarette papers, herbal smoking product, vaping product or nicotine product in relation to age verification;<br> (d) the form and content of notices that should be displayed in the premises relating to age verification;<br> (e) the form and content of records that should be maintained in relation to an age verification policy.<br> (8) A person who carries on a tobacco, herbal smoking product, vaping product or nicotine product business must have regard to guidance published under subsection (7) when operating an age verification policy.<br> (9) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.<br> (10) Regulations under subsection (6) are subject to the affirmative resolution procedure.<br> (11) In this section—<br> “herbal smoking product business” means a business involving the sale of herbal smoking products by retail;<br> “nicotine product business” means a business involving the sale of nicotine products by retail;<br> “the specified date” is 1 January 2027;<br> “tobacco business” means a business involving the sale of tobacco products by retail;<br> “tobacco, herbal smoking product or vaping product business” means a business which involves any one or more of the following—<br> (a) a tobacco business,<br> (b) a herbal smoking product business, or<br> (c) a vaping product business;<br> “vaping product business” means a business involving the sale of vaping products by retail.”

<p>This new clause would introduce a requirement on businesses to operate an age verification policy covering steps to be taken to establish the age of persons attempting to buy tobacco, herbal smoking, vaping/nicotine products, or cigarette papers. It reflects provisions in place in Scotland to be amended by the Bill.</p>

After Clause 6, insert the following new clause—<br> <b>“Transparency of tobacco sales data</b><br> (1) The Secretary of State must by regulations make provision requiring every manufacturer and importer of tobacco products to publish, on a quarterly basis, data relating to the sale of tobacco products in England and Wales.<br> (2) Regulations under subsection (1) must in particular include provision requiring publication of—<br> (a) the volume of sales of tobacco products, broken down by product type, brand and geographical region, and<br> (b) such other information as the Secretary of State considers appropriate for the purposes of assessing tobacco consumption and its effects on public health.<br> (3) Data published under regulations under this section must be made publicly available in a format accessible to public health authorities, local authorities, and other relevant bodies.<br> (4) Regulations under this section are subject to the negative resolution procedure.”

<p>This amendment would require the Secretary of State to make regulations obliging tobacco companies to publish sales data, to improve transparency and support public health policy.</p>

After Clause 157, insert the following new clause—<br> <b>“Communications plan for the smokefree generation policy</b><br> (1) The Secretary of State must, within three months of the passing of this Act, publish a communications plan setting out how the Government intends to support the implementation of the smokefree generation policy, as provided for under this Act.<br> (2) The plan under subsection (1) must include—<br> (a) measures to raise public awareness of the harms of smoking and the benefits of quitting,<br> (b) details of the funding to be allocated for communications in connection with the smokefree generation policy,<br> (c) how existing resources will be coordinated to maximise impact, and<br> (d) such other information as the Secretary of State considers appropriate for the purpose of promoting public health and supporting implementation of the smokefree generation policy.<br> (3) The Secretary of State must lay a copy of the plan before both Houses of Parliament.”

<p>This amendment would require the Government to publish, shortly after Royal Assent, a communications plan to support the implementation of the smokefree generation policy and to raise public awareness.</p>

Clause 10, page 5, line 16, leave out “age of 18” and insert “voting age, as defined in section (1)(d) of the Representation of the People Act 1983 (parliamentary electors: voting age)”

<p>This amendment seeks to probe the reasoning for the minimum age prescribed in Clause 10, in the light of the Government’s intention to extend the franchise to 16 and 17-year-olds.</p>

Clause 113, page 62, line 35, leave out sub-paragraphs (iv) and (v)

Clause 115, page 64, line 8, leave out sub-paragraphs (iv) and (v)

Clause 116, page 64, line 37, leave out sub-paragraphs (iv) and (v)

Clause 117, page 65, line 22, leave out sub-paragraphs (iv) and (v)

Clause 117, page 65, line 37, leave out sub-paragraphs (iv) and (v)

Clause 118, page 66, line 26, leave out sub-paragraphs (iv) and (v)

After Clause 121, insert the following new Clause—<br> <b>“Advertising of vaping, nicotine and heated tobacco products: consultation and prohibition</b><br> (1) The Secretary of State must, within six months of the day on which this Act is passed, make provision by regulations to prohibit the—<br> (a) publishing,<br> (b) designing,<br> (c) printing, or<br> (d) distribution<br> <span class="wrapped">of advertising of a relevant product, or the causing of the same, or the provision of an internet service for publishing or distributing such advertising.</span><br> (2) Before making regulations under this section the Secretary of State must consult—<br> (a) the producers of a relevant product or representatives of the producers of a relevant product,<br> (b) consumers of a relevant product or representatives of consumers of a relevant product, and<br> (c) any other persons that the Secretary of State considers appropriate.<br> (3) Consultation under this section must include a call for evidence.<br> (4) The Secretary of State must have due regard to all views received as part of any consultation under this section.<br> (5) For the purposes of this section a person is a “producer of a relevant product” if in the course of business and with a view to the product being supplied for consumption in any part of the United Kingdom or through the travel retail sector, the person—<br> (a) manufactures a relevant product,<br> (b) puts a name, trade mark or other distinguishing mark on a relevant product by which the person is held out to be its manufacturer or originator, or<br> (c) imports a relevant product into any part of the United Kingdom.<br> (6) For the purposes of subsection (5) a “relevant product” means—<br> (a) vaping products,<br> (b) nicotine products,<br> (c) heated tobacco products, or<br> (d) heated tobacco related devices.<br> (7) Regulations under this section are subject to the affirmative resolution procedure.”

<p>This amendment, connected with others in the name of Lord Udny-Lister, would require the Secretary of State to prohibit advertising of vaping, nicotine and heated tobacco products following consultation and consideration of the impact on businesses.</p>

After Clause 157, insert the following new Clause—<br> <b>“Vaping and Nicotine Industry Forum</b><br> (1) Within six months of the day on which this Act is passed, the Secretary of State must establish a Vaping and Nicotine Industry Forum, which must include Ministers of the Crown and representatives of all parts of the vaping industry supply chain.<br> (2) The purpose of the Vaping and Nicotine Industry Forum is to discuss relevant Government policies and actions and their application in the industry.<br> (3) In carrying out their obligations under this section, the Secretary of State may disregard any restriction or claimed restriction arising from Article 5.3 of the World Health Organization Framework Convention on Tobacco Control.”

Clause 37, page 19, line 33, leave out “must be £200” and insert “committed by a person for the first time and deemed serious by a local weights and measures authority must be £500 if the amount is paid before the end of the period of 14 days following the date of the notice, and otherwise £1,000.<br> (4A) If the fixed penalty notice is not the first notice issued to the person in respect of such an offence, the fine is—<br> (a) £2,500, if it is the second fixed penalty notice so issued;<br> (b) £5,000, if it is the third fixed penalty notice so issued;<br> (c) £10,000, if it is the fourth or any subsequent fixed penalty notice so issued.”

<p>This amendment seeks to create a stepped approach to fixed penalty notices based on how many times a person has been issued a notice.</p>

After Clause 37, insert the following new Clause—<br> <b>“Warning notices for first time offenders</b><br> (1) A local weights and measures authority may issue a formal warning notice to persons who have committed offences under the sections set out in section 37(1) for the first time in lieu of a fixed penalty notice.<br> (2) A warning notice under subsection (1) must outline the steps which must be taken to ensure a similar offence does not occur again.”

<p>This amendment gives discretion to the competent authority to issue a warning notice to first-time offenders.</p>

Clause 167, page 120, line 21, at end insert—<br> “(3A) Sections 10, 11, 12 and 138 come into force at the end of the period of 6 months beginning on the day on which this Act is passed, subject to the following conditions—<br> (a) the Secretary of State has laid before Parliament a report setting out the exact funding mechanisms and resources to be provided to local authorities in respect of the additional duties provided for by these sections;<br> (b) the Secretary of State is satisfied that there will be no new financial or administrative burdens placed upon local authorities as a result of the commencement of these sections unless the Government commits to funding these said new burdens.<br> (3B) In preparing the report under subsection (3A)(a) the Secretary of State must consult representatives of local government, trading standards and relevant public health bodies.”

Clause 114, page 63, line 24, leave out sub-paragraphs (iv) and (v)

<p>This amendment seeks to exclude vapes and nicotine products from the prohibition on publishing and advertising.</p>

Clause 124, page 72, line 2, leave out sub-paragraphs (iii) and (iv)

<p>This amendment seeks to exclude vapes and nicotine products from the prohibition on sponsorship.</p>

Clause 135, page 76, line 33, at end insert “or an uncovered hospitality venue.”

<p>This amendment restricts the Secretary of State’s power to designate uncovered hospitality venues as smoke-free places.</p>

Clause 138, page 79, line 4, at end insert—<br> “(2A) The Secretary of State must by regulations designate schools and colleges in England as vape-free.”

<p>This amendment seeks to ensure that all schools and colleges in England are designated as vape-free.</p>

<i>Lord Udny-Lister gives notice of his intention to oppose the Question that Clause 138 stand part of the Bill.</i>

<p>Lord Udny-Lister seeks to leave out provision converring power on the Secretary of State to prohibit the use of vapes in certain areas.</p>

Clause 139, page 82, line 32, at end insert—<br> (c) an uncovered hospitality venue.”

<p>This amendment restricts the Secretary of State’s power to designate uncovered hospitality venues as heated tobacco-free places.</p>

<i>Lord Udny-Lister gives notice of his intention to oppose the Question that Clause 139 stand part of the Bill.</i>

<p>Lord Udny-Lister seeks to leave out provision conferring power on the Secretary of State to prohibit the use of heated tobacco in certain areas.</p>

After Clause 140, insert the following new Clause—<br> <b>“Duty to implement and enforce vape-free policies in schools</b><br> (1) Schools and colleges in England must implement and enforce a vape-free policy to maximise compliance with the designation of schools and colleges in England as vape-free.<br> (2) Each school or college’s policy must mandate—<br> (a) signage and verbal reminders alerting visitors to a school or college premise’s vape-free designation,<br> (b) health education for pupils on vaping, and<br> (c) appropriate internal sanctions for pupils and staff who vape on school premises.”

<p>This amendment, connected with another in the name of Lord Udny-Lister, would require schools and colleges to be proactive in implementing policies which would prohibit staff, students and visitors vaping on school premises.</p>

Clause 167, page 120, line 19, leave out “1”

Clause 167, page 120, line 21, at end insert—<br> “(3A) Section 1 comes into force no earlier than 1 January 2027 and when the following conditions have been met—<br> (a) the Secretary of State is satisfied that section 1 has no significant adverse impact on small businesses and the regulatory responsibilities of local authorities;<br> (b) the Secretary of State has undertaken and published an economic impact assessment of the provision in section 1;<br> (c) Parliament has had the opportunity to debate the assessment;<br> (d) the assessment has been approved by resolution of both Houses of Parliament.”

Clause 47, page 23, line 28 after at end insert—<br> ““heated tobacco product” means a product which is heated to produce an emission containing nicotine and other chemicals, which is then inhaled by the user;”

<p>This amendment aligns heated tobacco products with other smoke-free products such as vapes and aligns it with the existing definition in The Tobacco and Related Products (Amendment) (Northern Ireland) Regulations 2023.</p>

Clause 47, page 24, line 6, delete “or consumed in any other way”

<p>This amendment excludes a tobacco product which is intended to be consumed in a way that is not smoking, sniffing, sucking or chewing from the measures in Part 1 of the Bill.</p>

Clause 47, page 24, line 10, leave out “(for example, a heated tobacco device or pipe)”

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After Clause 87, insert the following new Clause – "Independent expert panel on vaping (1) Within six months of the day on which this Act is passed, the Secretary of State must establish an expert panel, consisting of members independent from the production, distribution, supply or sale of vaping or nicotine products. (2) The expert panel constituted under subsection (1) must consist of members nominated by the Secretary of State, whom the Secretary of State considers to have relevant expertise in relation to - (a) the health effects of vape use or of nicotine addiction, (b) consumer behaviour in respect of vaping or nicotine use, or (c) the economic effects of the market for vaping and nicotine products. (3) The expert panel must report to Parliament not less frequently than annually incorporating evidence relating to - (a) the health effects of the use of vaping or nicotine products, (b) the supply and use of such products by consumers, and (c) the impacts of regulations made under this Act on the supply and use of vaping and nicotine products. (4) The expert panel may make in its report such recommendations relating to the use of powers under this Act, in respect of vaping and nicotine products, as the panel considers to be beneficial in the light of the evidence they have identified. (5) In making regulations under this Act in regard to vaping products and nicotine products, the Secretary of State and Ministers for Scotland, Wales and Northern Ireland must have regard to the reports of the expert panel and their recommendations."

Clause 91, page 51, line 36, leave out subsection (4) and insert—<br> “(4) Before introducing regulations under this section, the Secretary of State must commission an independent report on the impact of the single-use vape ban from 1 June 2025 and predicted impact on any measures proposed on the attractiveness of products to persons under the age of 18 and the likely impact of the measures on the availability of products to persons over the age of 18 who smoke but who wish to cease smoking.<br> (4A) The report must be laid before both Houses of Parliament and the Secretary of State must issue a consultation on the findings of the report and any proposed regulations under this section.”

<p>These new subsections make provision about the making of regulations under clauses 91 including the need to assess the impact of said regulations on the vaping market and conduct a consultation on proposed regulations under this section and the single-use, disposable vape ban.</p>

After Clause 157, insert the following new Clause—<br> <b>“Independent expert panel on vaping</b><br> (1) Within six months of the day on which this Act is passed, the Secretary of State must establish an expert panel, consisting of members independent from the production, distribution, supply or sale of vaping or nicotine products.<br> (2) The expert panel constituted under subsection (1) must consist of members nominated by the Secretary of State, whom the Secretary of State considers to have relevant expertise in relation to—<br> (a) the health effects of vape use or of nicotine addiction,<br> (b) consumer behaviour in respect of vaping or nicotine use, or<br> (c) the economic effects of the market for vaping and nicotine products.<br> (3) The expert panel must report to Parliament not less frequently than annually incorporating evidence relating to—<br> (a) the health effects of the use of vaping or nicotine products,<br> (b) the supply and use of such products by consumers, and<br> (c) the impacts of regulations made under this Act on the supply and use of vaping and nicotine products.<br> (4) The expert panel may make in its report such recommendations relating to the use of powers under this Act, in respect of vaping and nicotine products, as the panel considers to be beneficial in the light of the evidence they have identified.<br> (5) In making regulations under this Act in regard to vaping products and nicotine products, the Secretary of State and Ministers for Scotland, Wales and Northern Ireland must have regard to the reports of the expert panel and their recommendations.”

<p>This new clause seeks to provide a continuing source of evidence to support the future implementation of the regime for vaping and nicotine products.</p>

None

Clause 47, page 24, line 6, leave out from “intended” to end of line 7 and insert “for human consumption, excluding - "(a) handmade cigars, (b) pipe tobacco, and (c) nasal tobacco."

None

Clause 49, page 25, line 15, leave out “born on or after 1 January 2009” and insert “under the age of 21"

None

Clause 49, page 25, line 18, leave out “born on or after 1 January 2009” and insert “under the age of 21"

None

Clause 49, page 25, line 22, leave out “born on or after 1 January 2009” and insert “under the age of 21"

None

Clause 49, page 25, line 24, leave out subsection (3)

None

Clause 49, page 26, line 11, leave out “born on or after 1 January 2009” and insert “under the age of 21"

None

Clause 49, page 26, line 13, leave out “born on or after 1 January 2009” and insert “under the age of 21"

None

Clause 49, page 26, line 16, leave out “born on or after 1 January 2009” and insert “under the age of 21"

None

Clause 68, page 35, line 33, leave out “born on or after 1 January 2009” and insert “under the age of 21"

None

Clause 68, page 36, line 6, leave out “born before 1 January 2009” and insert “over the age of 21"

None

Clause 72, page 37, line 28, leave out “born on or after 1 January 2009” and insert “under the age of 21"

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After Schedule 13, insert the following new Schedule- "SCHEDULE FINANCIAL PENALTIES FOR BREACH OF DISTRIBUTION LICENCE CONDITIONS: NORTHERN IRELAND In the Tobacco Retailers Act (Northern Ireland) 2014 (c. 4 (N.I.)), after Schedule 3 (inserted by Schedule (Distributor licensing scheme: Northern Ireland) of this Act), insert- "SCHEDULE 4 FINANCIAL PENALTIES FOR BREACH OF DISTRIBUTION LICENCE CONDITIONS Introduction 1 This schedule makes further provision in connection with the imposition of financial penalties under section 4F. Notices of intent 2 (1) A council must, before imposing a financial penalty on a person, give the person written notice (a “notice of intent") of the proposed financial penalty. (2) A notice of intent must specify. (a) the amount of proposed financial penalty, (b) the reasons for proposing to impose the penalty, (c) information about the right to make representations under paragraph 3, and (d) the date by which any representations must be made. (3) The date specified under sub-paragraph (2)(d) must be a date more than 28 days after the day on which the notice of intent is given to the person. (4) The council may at any time withdraw the notice of intent, or amend it to reduce the amount of the proposed financial penalty, by giving written notice to the person. Right to make representations 3 (1) A person who is given a notice of intent under paragraph 2 may make written representations to the council that issued the notice about the proposal to impose a financial penalty. (2) Any representations must be made within the period ("the period for representations”) ending with the date specified under paragraph 2(2)(d). Final notices 4 (1) After the end of the period for representations the council must decide whether to impose a financial penalty on the person. (2) If the council decides to impose a financial penalty on the person, the council must give the person written notice (a “final notice”) imposing the penalty. (3) A final notice must specify - (a) the amount of financial penalty, (b) the reasons for imposing the penalty, (c) the date by which the penalty must be paid, (d) information about the right of appeal under paragraph 5, and (e) the consequences of failing to comply with the final notice. (4) he date specified under sub-paragraph (3)(c) must be a date more than 28 days after the day on which the final notice is given to the person. (5) The council may at any time withdraw a final notice, or amend it to reduce the amount of the financial penalty, by giving written notice to the person. (6) A final notice may not be given more than 28 days after the last day of the period for representations. Appeals 5 (1) A person on whom a financial penalty is imposed under section 4F may appeal to the magistrates' court against- (a) the decision to impose the penalty, or (b) the amount of penalty. (2) An appeal under this paragraph must be brought before the end of the period of 28 days beginning with the day after the day on which the final notice is given to the person in accordance with paragraph 4. (3) On an appeal under this paragraph the magistrates' court may confirm, reduce or cancel the penalty. (4) If a person appeals under this paragraph, the final notice is suspended until the appeal is finally determined, withdrawn or abandoned. Recovery 6 (1) This paragraph applies if a person fails to pay the whole or part of a financial penalty before the end of the period within which the person is required to pay the penalty. (2) The council that imposed the financial penalty may recover the unpaid amount of the penalty as if it were payable under an order of the county court. Use of proceeds 7 (1) A council may use any sums it receives in pursuance of final notices given under paragraph 4 (its “financial penalty receipts”) only for the purposes of its functions under this Act. (2) A council must supply the Department with such information relating to its use of its financial penalty receipts as the Department may require. (3) Regulations may make provision for what a council is to do with its financial penalty receipts - (a) pending their being used for the purposes mentioned in sub-paragraph (1); (b) if they are not used for those purposes within a period of time specified in the regulations and beginning with their receipt. (4) The provision that may be made under sub-paragraph (3)(b) includes (in particular) provision for the payment of sums to a person (including the Department) other than the council. (5) Regulations may make provision for accounting arrangements in respect of a council's financial penalty receipts. (6) Before making regulations under this paragraph, the Department must consult- (a) councils, and (b) such other persons as the Department considers appropriate.

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After Schedule 13, insert the following new Schedule- "SCHEDULE DISTRIBUTOR LICENSING SCHEME: NORTHERN IRELAND In the Tobacco Retailers Act (Northern Ireland) 2014 (c. 4 (N.I.)), after Schedule 2 (inserted by Schedule 12 of this Act), insert - "SCHEDULE 3 DISTRIBUTOR LICENSING SCHEME Introduction 1 This Schedule is about the provision that may be made by regulations under section 4D(4). Licensing authority 2 The regulations must specify a council (a “licensing authoirty”) which is to grant licences. Grant of license 3 (1) The regulation may (a) prohibit a licensing authority from granting a licence unless satisfied as to a matter specified in the regulations; (b) require a licensing authority to have regard, in deciding whether to grant a licence, to a matter specified in the regulations. (2) The provision that may be made under sub-paragraph (1)(a) includes – (a) provision prohibiting a licensing authority from granting a premises distribution licence in respect of premises within an area of a description specified in the regulations; (b) provision limiting the number of licensed premises within an area of a description specified in the regulations. (3) The regulations may make provision requiring a licensing authority not to grant a premises distribution licence unless the premises have been inspected in accordance with the regulations. Licence fee 4 (1) The regulations may authorise a licensing authority to charge a fee in respect of an application for the grant of a licence (which may be set at a level that takes into account the cost of exercising functions under or in connection with sections 4D to 4F or the regulations). (2) Any such fee must not exceed an amount specified in, or determined in accordance with, the regulations. (3) The regulations may require a licensing authority to pay a proportion of any amount received by virtue of sub-paragraph (1) to any other person with functions under or in connection with sections 4D to 4F or the regulations. Licence conditions 5 (1) The regulations may make provision for the grant of a licence subject to conditions. (2) Provision of the kind mentioned in sub-paragraph (1) may - (a) enable a licensing authority to attach conditions to a licence; (b) require a licensing authority to attach to a licence a condition specified in the regulations. (3) The provision that may be made under sub-paragraph (1) includes provision prohibiting or restricting the commercial distribution of relevant products within an area of a description specified in the regulations. Duration etc of licence 6 (1) The regulations may make provision about the duration, renewal, variation, suspension or revocation of licenses. (2) The provision that may be made under sub-paragraph (1) includes provision conferring power on a court by which a person is convicted of an offence under section 4E to vary, suspend or revoke a licence. Publication of license information 7 The regulations may make provision for the publication by a licensing authority of information relating to licences granted by licensing authority. Reviews and appeals 8 (1) The regulations must specify the circumstances in which a person may request a review of a decision taken under the regulations. (2) The regulations must confer a right of appeal to the magistrates' court against a decision taken on a review. (3) The regulations may contain provision about time limits for requesting reviews or initiating appeals. Guidance 9 The regulations may require a licensing authority, in carrying out functions under the regulations, to have regard to guidance published by the Secretary of State. Sub-delegation 10 The regulations may confer discretions. Interpretation 11 In this Schedule - “commercial distribution licence” has the meaning given by section 4D; "grant" includes vary or renew; “licence” means a commercial distribution licence or a premises distribution licence; "licensing authority” has the meaning given by paragraph 2 “premises distribution licence” has the meaning given by section 4D; “relevant products” has the meaning given by section 4D.”

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Clause 111, page 60, line 36, at end insert- ""handmade cigar” means a tobacco product that- (a) can be consumed by means of a combustion process and, given its properties and normal consumer expectations, is exclusively intended to be smoked as it is; (b) is constructed entirely manually and without the use of automated processes; (c) has an outer wrapper made entirely of natural tobacco; (d) has a binder made entirely of natural tobacco; (e) contains no reconstituted tobacco or homogenised tobacco product; and (f) does not contain a filter or any filtration mechanism."

None

Clause 111, page 61, line 28, leave out from “intended” to end of line 29 and insert “for human consumption, excluding- "(a) handmade cigars, (b) pipe tobacco, and (c) nasal tobacco."

Clause 16, page 9, line 20, at end insert “within three months of the day on which this Section comes into force.”

<p>This amendment seeks to expedite the creation of the retail licensing scheme to within three months of the day on which the section comes into force.</p>

Clause 19, page 11, line 22, at end insert “within three months of the day on which this Section comes into force.”

<p>This amendment seeks to expedite the creation of the retail licensing scheme to within three months of the day on which the section comes into force.</p>

Clause 167, page 120, line 40, at end insert—<br> “(7A) Section 83 and Schedule 10 come into force at the end of the period of three months beginning on the day on which this Act is passed.”

<p>This amendment and another in the name of Lord Mott, seeks to expedite the creation of the retail licensing scheme to within three months of the day on which the Act is passed.</p>

Clause 167, page 121, line 4, leave out paragraph (a)

<p>This amendment and another in the name of Lord Mott, seeks to expedite the creation of the retail licensing scheme to within three months of the day on which the Act is passed.</p>

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LORD ΜOYLAN

Clause 12, page 6, line 20, at end insert – “(4) Subsection (1) does not apply to the sale of vaping products from vending machines located within a hospital or other healthcare premises operated by a mental health trust, where the vending machine is (a) situated in an age-restricted area accessible only to patients and staff aged 18 or over, and (b) operated as part of a tobacco dependency recovery service."

After Clause 18, insert the following new Clause—<br> <b>“Review: implications for joint licensing</b><br> Within six months of the day on which this Act is passed, the Secretary of State must publish a review on the implications of the provisions in this Act on the merits of a joint licensing scheme for tobacco and alcohol.”

Clause 38, page 20, line 17, leave out subsection (1) and (2)

<p>This amendment, and others to Clause 38 in the name of Lord Lansley, seek to allow the money from fixed penalty notices to fund Trading Standards directly, with the intention of further empowering enforcement of laws and crackdown on illegal products.</p>

Clause 38, page 20, line 26, leave out from “notice” to “must” on line 27

<p>This amendment, and others to Clause 38 in the name of Lord Lansley, seek to allow the money from fixed penalty notices to fund Trading Standards directly, with the intention of further empowering enforcement of laws and crackdown on illegal products.</p>

Clause 38, page 20, line 33, leave out from “notice” to “must” on line 34

<p>This amendment, and others to Clause 38 in the name of Lord Lansley, seeks to allow the money from fixed penalty notices to fund Trading Standards directly, with the intention of further empowering enforcement of laws and crackdown on illegal products.</p>

Clause 38, page 20, leave out from beginning of line 42 to end of line 2 on page 21

<p>This amendment, and others to Clause 38 in the name of Lord Lansley, seek to allow the money from fixed penalty notices to fund Trading Standards directly, with the intention of further empowering enforcement of laws and crackdown on illegal products.</p>

Clause 47, page 23, line 28 at end insert—<br> ““handmade cigar” means a tobacco product that—<br> (a) can be consumed by means of a combustion process and, given its properties and normal consumer expectations, is exclusively intended to be smoked as it is,<br> (b) is constructed entirely manually and without the use of automated processes,<br> (c) has an outer wrapper made entirely of natural tobacco,<br> (d) has a binder made entirely of natural tobacco,<br> (e) contains no reconstituted tobacco or homogenised tobacco product, and<br> (f) does not contain a filter or any filtration mechanism;”

Clause 47, page 23, line 35, at end insert—<br> ““nasal tobacco” means a smokeless tobacco product that can be consumed via the nose;”

Clause 47, page 23, line 36, at end insert—<br> ““pipe tobacco” means tobacco that—<br> (a) can be consumed by means of a combustion process, and<br> (b) is exclusively intended for use in a pipe;”

Clause 47, page 24, line 6, leave out from “intended” to end of line 7 and insert “for human consumption, excluding—<br> “(a) handmade cigars,<br> (b) pipe tobacco, and<br> (c) nasal tobacco.”

After Clause 110, insert the following new Clause—<br> <b>“Industry self-regulation</b><br> Insofar as the Secretary of State makes regulation under this Part relating to vaping products or nicotine products, they may have regard to the availability of relevant codes of practice, guidance or standards made by independent self-regulatory bodies which are supported by representative industry bodies and may provide for a self-regulatory body to exercise functions relating to provisions under these regulations.”

<p>This new clause seeks to enable the Secretary of State to take advantage of self-regulatory initiatives relating to vaping & nicotine products in implementing part 5 of the Act.</p>

Clause 111, page 60, line 36, at end insert—<br> ““handmade cigar” means a tobacco product that—<br> (a) can be consumed by means of a combustion process and, given its properties and normal consumer expectations, is exclusively intended to be smoked as it is;<br> (b) is constructed entirely manually and without the use of automated processes;<br> (c) has an outer wrapper made entirely of natural tobacco;<br> (d) has a binder made entirely of natural tobacco;<br> (e) contains no reconstituted tobacco or homogenised tobacco product; and<br> (f) does not contain a filter or any filtration mechanism.”

Clause 111, page 61, line 9, at end insert—<br> ““nasal tobacco” means a smokeless tobacco product that can be consumed via the nose;”

Clause 111, page 61, line 15, at end insert—<br> ““pipe tobacco” means tobacco that—<br> (a) can be consumed by means of a combustion process, and<br> (b) is exclusively intended for use in a pipe;”

Clause 111, page 61, line 28, leave out from “intended” to end of line 29 and insert “for human consumption, excluding—<br> “(a) handmade cigars,<br> (b) pipe tobacco, and<br> (c) nasal tobacco;”

After Clause 132, insert the following new Clause—<br> <b>“Consultation</b><br> (1) Before the end of the period of six months beginning on the day this Act is passed, the Secretary of State must consult on the provisions of this Part relating to relevant products with the persons specified in subsection (2).<br> (2) The Secretary of State must consult –<br> (a) persons who, in the opinion of the Secretary of State, represent retailers of relevant products,<br> (b) persons who, in the opinion of the Secretary of State, represent producers of relevant products,<br> (c) NHS smoking cessation services,<br> (d) persons who, in the opinion of the Secretary of State, represent consumers of relevant products, and<br> (e) any other person the Secretary of State considers appropriate.<br> (3) The Secretary of State must have due regard to all views received as part of any consultation under this section.<br> (4) In this section—<br> (a) a person is a “producer of a relevant product” if, in the course of business and with a view to the product being supplied for consumption in any part of the United Kingdom or through the travel retail sector, the person—<br> (i) manufactures a relevant product,<br> (ii) puts a name, trade mark or other distinguishing mark on a relevant product by which the person is held out to be its manufacturer or originator, or<br> (iii) imports a relevant product into any part of the United Kingdom;<br> (b) a person is a “retailer of a relevant product” if the person carries on a business involving the sale of relevant products by retail;<br> (c) “relevant product” means—<br> (i) vaping products, or<br> (ii) nicotine products.”

<p>This amendment would require the Secretary of State to consult on the advertising ban on vaping and nicotine products.</p>

Clause 138, page 79, line 14, at end insert—<br> “(4A) The regulations may not designate as vape-free a hospital, or that part of a hospital, that provides mental health services.”

<p>This amendment prevents the Secretary of State from designating mental health trusts as vape-free places.</p>

After Clause 140, insert the following new Clause—<br> <b>“Local authority pavement licences</b><br> (1) The Business and Planning Act 2020 is amended as follows.<br> (2) In section 5 (conditions), after subsection (6) insert—<br> “(6A) Pavement licences may only be granted by a local authority subject to the condition that smoking is prohibited.””

<p>This amendment would ensure that all future pavement licences granted by local authorities are smoke free.</p>

Clause 16, page 9, line 20, at end insert—<br> “(4A) The Secretary of State must by regulations make provision for and in connection with a streamlined process for granting personal and premises licences to businesses that—<br> (a) both have an alcohol premises licence and are a personal licence holder, and<br> (b) have not been subject to enforcement action in the last 12 months for actions that a licensing authority would judge as inconsistent with conditions set out in regulations.”

<p>The purpose of this amendment is to acknowledge that the majority of retailers selling tobacco products and vape products do so responsibly and have robust policies in place to prevent sales to children and to prevent the sale of illicit or non-duty paid products.</p>

Clause 45, page 23, line 6, leave out subsection (2) and insert—<br> “(2) Before making regulations under this section the Secretary of State must—<br> (a) commission an independent report to—<br> (i) assess the harm to human health associated with the use of tobacco related devices, and<br> (ii) assess the relative harm of tobacco related devices compared to cigarettes;<br> (b) publish that report;<br> (c) consult any persons the Secretary of State considers it appropriate to consult.<br> (2A) The Secretary of State may not make regulations under this section unless the Secretary of State is satisfied that the report under subsection (2) demonstrates that there is significant risk of harm to human health associated with the use of tobacco related devices.”

<p>This amendment requires the Secretary of State to undertake research into the potential harms posed by heated tobacco before extending the provisions in Part 1 to such devices.</p>

After Clause 91, insert the following new Clause—<br> <b>“Definition of vaping flavour</b><br> The Secretary of State must, within six months of the day on which this Act is passed, publish a statement setting out the criteria by which a vaping product is considered to have a “flavour”, including but not limited to—<br> (a) the ingredients or additives used to produce a corresponding taste or aroma,<br> (b) the methods by which flavour is imparted or presented in the product, whether through liquid composition or packaging,<br> (c) the differentiation between tobacco and non-tobacco flavours, and<br> (d) any threshold or standard for determining the presence or prominence of a flavour.”

<p>This probing amendment seeks to clarify how the Government intends to define a "flavour" in the context of vaping products, and to understand how such a definition will inform any future regulation or restriction of flavoured vapes.</p>

Clause 92, page 52, line 19 at end insert—<br> “(5) The Secretary of State may, through guidelines, make provision about the nature and amount of the substances that may be released into the body of a person using government funded stop smoking services which entail—<br> (a) vaping products;<br> (b) nicotine products.”

<i>The above-named Lords give notice of their intention to oppose the Question that Clause 129 stand part of the Bill.</i>

<p>This amendment removes the ability of the Secretary of State to take over enforcement functions relating to advertising offences from Trading Standards in specific cases.</p>

<i>The above-named Lords give notice of their intention to oppose the Question that Clause 130 stand part of the Bill.</i>

<p>This amendment removes the ability of the Secretary of State to take over proceedings relating to advertising offences from Trading Standards in respect of a particular offence.</p>

After Clause 157, insert the following new Clause—<br> <b>“Review of the operation of this Act at the age of 21 threshold</b><br> (1) The Secretary of State must, within six months of 1 July 2030, conduct and publish a review of the operation and impact of this Act in relation to individuals born on or after 1 January 2009, when such individuals reach the age of 21.<br> (2) The review may assess—<br> (a) the effectiveness of this Act in promoting the cessation of tobacco and nicotine use among this cohort;<br> (b) the extent to which the provisions of this Act have contributed to reducing the prevalence of tobacco and nicotine consumption;<br> (c) any unintended consequences, including impacts on enforcement, health disparities, or the emergence of illicit or unregulated markets;<br> (d) the impact of the Act on cessation programmes and strategies.”

<p>This probing amendment requires a review, to be published within six months of 1 July 2030, assessing the effectiveness of the Act in promoting the cessation of tobacco and nicotine use among those born after 1 January 2009 when they turn 21, including the impact on enforcement, health inequalities, and whether further legislative changes are needed.</p>

After Clause 157, insert the following new Clause—<br> <b>“Review of the operation of this Act at the age of 25 threshold</b><br> (1) The Secretary of State must, within six months of 1 July 2034, conduct and publish a comprehensive review of the operation and impact of this Act in relation to individuals born on or after 1 January 2009, when such individuals reach the age of 25.<br> (2) The review may assess—<br> (a) the effectiveness of this Act in promoting the cessation of tobacco and nicotine use among this cohort;<br> (b) the extent to which the provisions of this Act have contributed to reducing the prevalence of tobacco and nicotine consumption;<br> (c) any unintended consequences, including impacts on enforcement, health disparities, or the emergence of illicit or unregulated markets;<br> (d) the impact of the Act on cessation programmes and strategies.”

<p>This probing amendment mandates a review, to be published within six months of 1 July 2034, of the Act’s long-term effectiveness in promoting cessation among individuals born after 1 January 2009 when they turn 25, focusing on public health outcomes, consumer behaviour, and the need for further legislative adjustments.</p>

Schedule 1, page 123, line 16, leave out sub-paragraph (2)

<p>This amendment prevents the licensing authority from imposing proximity and density restrictions in licence conditions.</p>

After Clause 15, insert the following new Clause—<br> <b>“Prohibition of free tobacco and vape samples</b><br> (1) A person must not offer or provide a tobacco product or vaping product free of charge to any other person in the course of a business.<br> (2) For the purposes of this section, a product is provided “free of charge” if it is—<br> (a) given without payment or for a nominal sum, or<br> (b) provided as part of a promotion or inducement, including but not limited to “buy one, get one free” offers, gifts with purchase, or other marketing practices.<br> (3) A person who contravenes subsection (1) commits an offence.<br> (4) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.<br> (5) The Secretary of State may by regulations amend the definition of “free of charge” in subsection (2) for the purposes of this section.<br> (6) Regulations under subsection (5) are to be made by statutory instrument.<br> (7) A statutory instrument containing regulations under subsection (5) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”

<p>This amendment prohibits (and creates an offence of) providing free samples of tobacco and vaping products in the course of business, with a power for the Secretary of State to amend the definition of “free of charge” by regulations subject to the affirmative procedure.</p>

After Clause 121, insert the following new Clause—<br> <b>“Regulations: Vaping Advertisements</b><br> (1) The Secretary of State may by regulations impose prohibitions, requirements or limitations on persons in relation to—<br> (a) the advertising, promotion or marketing of vaping products in England;<br> (b) the content, format, and placement of such advertisements, including their appearance in physical premises, broadcast media, online platforms, or other public communications;<br> (c) the advertising of vaping products in a manner likely to appeal to children, non-smokers, or other persons for whom use of such products is not intended.<br> (2) Regulations under this section must have regard to the role of vaping products as a smoking cessation tool for existing smokers.<br> (3) Regulations under this section may—<br> (a) make different provision for different types of vaping products, modes of advertising, or categories of advertiser;<br> (b) provide for exemptions or exceptions, including for advertising conducted by or on behalf of public health authorities, NHS bodies, or registered smoking cessation services.<br> (4) Regulations under this section are to be made by statutory instrument.<br> (5) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”

<p>This amendment enables the Secretary of State to regulate vaping product advertising in England, with regard to their role in smoking cessation and allowing exemptions for public health or cessation campaigns.</p>

None

After Clause 6, insert the following new Clause- "Prohibition on plastic filters in cigarettes (1) The Secretary of State must by regulations make provision prohibiting the manufacture, supply, or sale of - (a) plastic filters intended for use in cigarettes; and (b) cigarettes containing plastic filters. (2) Regulations under this section must be laid before Parliament no later than the end of the period of six months beginning with the day on which this Act is passed. (3) Regulations under this section may not be made unless a draft has been laid before and approved by a resolution of each House of Parliament. (4) In this section “plastic filter" means any cigarette filter that contains synthetic polymeric materials which are not biodegradable."

Clause 90, page 51, line 11, leave out “shape” and insert “design, shape or interoperability”

<p>This amendment empowers ministers to regulate the design and interoperability of products in order to prohibit the sale of very high puff count vaping devices.</p>

Clause 111, page 60, line 35, after second “products” insert “(including filter tips)”

<p>The amendment clarifies the definitions of products in Part 5 of the Bill, which serve as product definitions in Part 6 of the Bill, relating to advertising and sponsorship. Specifically, amending the definition of “cigarette papers” in Part 5 ensures that filter tips are explicitly listed in the Bill and fall within the scope of the provisions on advertising and sponsorship in Part 6.</p>

After Clause 168, insert the following new Clause—<br> <b>“Expiry</b><br> (1) The sections of this Act specified in subsection (2) and any regulations made under those sections expire at the end of the period of five years beginning with the day on which they enter fully into force.<br> (2) Subsection (1) applies to—<br> (a) Part 1 (sale and distribution: England and Wales),<br> (b) Part 2 (sale and distribution: Scotland),<br> (c) Part 3 (sale and distribution: Northern Ireland),<br> (d) sections 89 to 92 (product requirements etc),<br> (e) section 93 (non-compliant images),<br> (f) sections 100 and 101 (matters dealt with by 2016 Regulations), and<br> (g) Part 6 (advertising and sponsorship).<br> (3) The Secretary of State may by regulations provide that any provision of this Act—<br> (a) does not expire at the time when it would otherwise expire (whether by virtue of subsection (1) or previous regulations under this subsection), and<br> (b) expires instead at such earlier or later time as is specified in the regulations.<br> (4) A time specified under subsection (3) in relation to a provision of this Act must not be later than the end of the period of one year beginning with the date on which the provision would otherwise have expired (whether by virtue of subsection (1) or previous regulations under subsection (3)).<br> (5) At least three months before making regulations under subsection (3), the Secretary of State must—<br> (a) publish a draft of those regulations,<br> (b) publish an impact assessment of any provision, and any regulations already made under any provision, which would otherwise expire but for the draft regulations to be made under subsection (3),<br> (c) consult the following persons publicly on the draft regulations and impact assessment—<br> (i) the manufacturers of relevant products;<br> (ii) the retailers of relevant products;<br> (iii) any other persons the Secretary of State considers appropriate, and<br> (d) give consultees at least two months to respond.<br> (6) At least one month before making regulations under subsection (3), the Secretary of State must publish a report setting out their response to any consultation conducted under subsection (5), including any proposed changes to the regulations as a result of the consultation.<br> (7) In this section—<br> “relevant products” means—<br> (a) tobacco products,<br> (b) tobacco related devices,<br> (c) herbal smoking products,<br> (d) cigarette papers,<br> (e) vaping products, or<br> (f) nicotine products;<br> “retailers of relevant products” means a person who carries on a business involving the sale of relevant products by retail.<br> (8) Regulations under this section are subject to the affirmative resolution procedure.”

<p>This amendment requires the Secretary of State to review the operation and effect of the provisions relating to sale and distribution, product requirements and advertising and sponsorship in the Bill, and any further regulations made under powers granted under the Bill and consult in respect of any provisions that it is considered should continue in force beyond 5 years.</p>

After Clause 12, insert the following new Clause—<br> <b>“Review: methods of age verification</b><br> (1) Within twelve months of the day on which this Act is passed, the Secretary of State must publish a review of age verification methods for individuals purchasing tobacco products, nicotine products and vapes.<br> (2) In the review under subsection (1), the Secretary of State must consider—<br> (a) the effectiveness of point-of-sale age verification for purchasing tobacco products, nicotine products and vapes, and<br> (b) the potential use of electronic age verification technology in credit and debit cards used to purchase tobacco products, nicotine products and vapes.<br> (3) In preparing the review under subsection (1), the Secretary of State must consult—<br> (a) retailers,<br> (b) banks and building societies, and<br> (c) any other such persons the Secretary of State considers appropriate or relevant.<br> (4) The review under subsection (1) must be laid before both Houses of Parliament.”

Clause 119, page 67, line 40, at end insert—<br> “(d) it is, when in relation to the advertising of vaping products or nicotine products, in a location in which it would be reasonable to expect that everyone present is aged 18 or over.”

<p>This amendment would allow the advertising of vaping or nicotine products within locations where it is reasonable to expect that everyone present is over 18.</p>

After Clause 120, insert the following new Clause—<br> <b>“Specialist vaping retailers</b><br> (1) Nothing in this Act prevents a specialist vaping retailer from making available, through an online service, information about vaping products or related accessories, provided that—<br> (a) the communication is directed only to individuals aged 18 or over,<br> (b) reasonable steps are taken to assess age before access to promotional content, and<br> (c) the communication is intended to promote informed choice among adult smokers or vapers.<br> (2) For the purposes of determining whether a shop is a specialist vaping retailer, the retailer must demonstrate that at least seventy percent of their total sales derive from the sale of vaping products during—<br> (a) the most recent period of 12 months for which accounts are available, or<br> (b) the period for which the shop has been established, if it has not been established long enough for 12 months’ accounts to be available.”

<p>This amendment would permit specialist vaping retailers to communicate information about their products online to an adult-only audience, subject to appropriate age-verification safeguards. It recognises that responsible online communications are vital for adult smokers seeking to access harm reduction products and ensures that legitimate specialist businesses.</p>

After Clause 157, insert the following new Clause—<br> <b>“Tobacco company profits levy</b><br> (1) The Secretary of State must by regulations make provision for the imposition of a levy on the profits of companies deriving income from the manufacture or sale of tobacco products.<br> (2) Regulations under this section must provide that—<br> (a) the levy is to be paid annually by companies to which it applies;<br> (b) the amount payable is to be calculated by reference to profits attributable to the manufacture or sale of tobacco products in the United Kingdom;<br> (c) the funds generated by the levy are to be paid into a dedicated fund held by the Department of Health and Social Care.<br> (3) The Secretary of State must ensure that all funds raised through the levy are used solely for—<br> (a) smoking cessation services,<br> (b) public health campaigns related to tobacco harm reduction, and<br> (c) healthcare services for people affected by smoking-related illnesses.<br> (4) Statutory instruments containing regulations under this section are subject to the affirmative resolution procedure.”

<p>This new clause would require the Secretary of State to establish a levy on the profits of tobacco companies, with the proceeds ring-fenced for smoking cessation and related health services.</p>

Clause 12, page 6, line 20, at end insert—<br> “(4) Subsection (1) does not apply to the sale of vaping products from vending machines located within a hospital or other healthcare premises operated by a mental health trust, where the vending machine is—<br> (a) situated in an age-restricted area accessible only to patients and staff aged 18 or over, and<br> (b) operated as part of a tobacco dependency recovery service.”

<p>This amendment would allow vaping products to be sold from vending machines located in mental health trust premises or healthcare settings where the machines are part of a structured tobacco dependency treatment programme, and access is restricted to individuals aged 18 or over in order to support clinical interventions for smoking cessation and harm reduction in controlled healthcare environments.</p>

After Clause 60, insert the following new Clause—<br> <b>“Requirement for retailers of vapes in Scotland to include age-verification technology</b><br> (1) The Scottish Ministers may make regulations making it an offence for a tobacco retailer who sells vapes on premises in Scotland to sell vapes that do not contain approved age-gating technology.<br> (2) The Scottish Ministers may by regulations specify the requirements with which any age-gating technology must comply, which must include (but need not be limited to)—<br> (a) the information, including biometric information, that a user must provide to the age-gating technology in order to be able to use the vape;<br> (b) the steps that the age-gating technology must require the user to take in order to verify their identity and that they are aged 18 or over before first activating the vape for use;<br> (c) the steps which the age-gating technology must require the user to take in order to verify their identity following activation of the vape, and the frequency with, and circumstances in, which the age-gating technology must require these steps to be taken;<br> (d) the requirements with which the age-gating technology must comply in order to ensure the security of the information, including personal data, provided to it by users;<br> (e) the technical specifications which the age-gating technology must meet in order to ensure that it is compatible with vapes made by different manufacturers.<br> (3) The Scottish Ministers may by regulations under this section make further provision about requirements with which tobacco retailers must comply.<br> (4) In this section, “age-gating technology” means technology designed to prevent the use of vaping products by persons aged under 18.<br> (5) Before making regulations under this section the Scottish Ministers must consult any persons the Scottish Ministers considers it appropriate to consult.<br> (6) Regulations under this section are subject to the affirmative resolution procedure.”

<p>This amendment would enable regulations to require vapes to incorporate age-verification technology and provide for its use.</p>

After Clause 78, insert the following new Clause—<br> <b>“Requirement for retailers of vapes in Northern Ireland to include age-verification technology</b><br> (1) A Northern Ireland department may make regulations making it an offence for a tobacco retailer who sells vapes on premises in Northern Ireland to sell vapes that do not contain approved age-gating technology.<br> (2) A Northern Ireland department may by regulations specify the requirements, with which any age-gating technology must comply, which must include (but need not be limited to)—<br> (a) the information, including biometric information, that a user must provide to the age-gating technology in order to be able to use the vape;<br> (b) the steps that the age-gating technology must require the user to take in order to verify their identity and that they are aged 18 or over before first activating the vape for use;<br> (c) the steps which the age-gating technology must require the user to take in order to verify their identity following activation of the vape, and the frequency with, and circumstances in, which the age-gating technology must require these steps to be taken;<br> (d) the requirements with which the age-gating technology must comply in order to ensure the security of the information, including personal data, provided to it by users;<br> (e) the technical specifications which the age-gating technology must meet in order to ensure that it is compatible with vapes made by different manufacturers.<br> (3) A Northern Ireland department may by regulations under subsection (2) make further provision about requirements with which tobacco retailers must comply.<br> (4) In this section, “age-gating technology” means technology designed to prevent the use of vaping products by persons aged under 18.<br> (5) Before making regulations under this section a Northern Ireland department must consult any persons that the Northern Ireland department consider it appropriate to consult.<br> (6) Regulations under this section are subject to the affirmative resolution procedure.”

<p>This amendment would enable regulations to require vapes to incorporate age-verification technology and provide for its use.</p>

Title, line 2, leave out “born on or after 1 January 2009” and insert “under the age of 21”

None

After Clause 40, insert the following new Clause – "Prohibition on supply of cigarette filters in England and Wales (1) The Secretary of State and Welsh Ministers must make regulations having the effect of prohibiting the supply of cigarette filters or cigarettes containing cigarette filters, whether by way of sale or not, in the course of a business. (2) Subsections (6), (8), (9), (10), (10A), (10B), (10C) and (10D) of section 140 of the Environmental Protection Act 1990 apply to regulations under this section as they apply to regulations under that section. (3) The notice required under section 140(6)(b) of the Environmental Protection Act 1990 as applied by subsection (2) in relation to the regulations mentioned in subsection (1) must be published no later than the end of the period of 12 months beginning with the day on which this Act is passed. (4) In this section – "cigarette filter” means a filter which is intended for use in a cigarette, whether as part of a ready made cigarette or to be used with hand rolling tobacco or other substances to be smoked in a cigarette. (5) Regulations under this section are subject to the affirmative resolution procedure.”

None

Schedule 5, page 133, line 16, leave out “born on or after 1 January 2009” and insert “under the age of 21"

None

Schedule 5, page 133, line 21, leave out “born on or after 1 January 2009” and insert “under the age of 21"

None

Schedule 5, page 133, line 26, leave out “born before 1 January 2009” and insert “over the age of 21"

None

Schedule 5, page 134, line 9, leave out “born before after 1 January 2009” and insert “over the age of 21"

None

Schedule 5, page 134, line 14, leave out “born on or after 1 January 2009” and insert “under the age of 21"

None

Clause 49, page 25, line 15, leave out “born on or after 1 January 2009” and insert “under the age of 21"

None

Clause 49, page 25, line 18, leave out “born on or after 1 January 2009” and insert “under the age of 21"

None

Clause 49, page 25, line 22, leave out “born on or after 1 January 2009” and insert “under the age of 21"

None

Clause 49, page 25, line 24, leave out subsection (3)

None

Clause 49, page 26, line 11, leave out “born on or after 1 January 2009” and insert “under the age of 21"

None

Clause 49, page 26, line 13, leave out “born on or after 1 January 2009” and insert “under the age of 21"

None

Clause 49, page 26, line 16, leave out “born on or after 1 January 2009” and insert “under the age of 21"

None

Schedule 9, page 145, line 5, at end insert – "(ca) a vaping product distribution business;”

None

After Clause 168, insert the following new Clause- "Expiry (1) The sections of this Act specified in subsection (2) and any regulations made under those sections expire at the end of the period of three years beginning with the day on which they enter fully into force. (2) Subsection (1) applies to- (a) sections 89 to 92 (product requirements etc), (b) section 93 (non-compliant images), (c) sections 100 and 101 (matters dealt with by 2016 Regulations), and (d) Part 6 (advertising and sponsorship). (3) The Secretary of State may by regulations provide that any provision of this Act- (a) does not expire at the time when it would otherwise expire (whether by virtue of subsection (1) or previous regulations under this subsection), and (b) expires instead at such earlier or later time as is specified in the regulations. (4) A time specified under subsection (3) in relation to a provision of this Act must not be later than the end of the period of one year beginning with the date on which the provision would otherwise have expired (whether by virtue of subsection (1) or previous regulations under subsection (3)). (5) At least three months before making regulations under subsection (3), the Secretary of State must- (a) publish a draft of those regulations, (b) publish an impact assessment of any provision, and any regulations already made under any provision, which would otherwise expire but for the draft regulations to be made under subsection (3), (c) consult the following persons publicly on the draft regulations and impact assessment- (i) the manufacturers of relevant products; (ii) the retailers of relevant products; (iii) any other persons the Secretary of State considers appropriate, and (d) give consultees at least two months to respond. (6) At least one month before making regulations under subsection (3), the Secretary of State must publish a report setting out their response to any consultation conducted under subsection (5), including any proposed changes to the regulations as a result of the consultation. (7) In this section "relevant products” means (a) tobacco products, (b) tobacco related devices, (c) herbal smoking products, (d) cigarette papers, (e) vaping products, or (f) nicotine products; “retailers of relevant products” means a person who carries on a business involving the sale of relevant products by retail. (8) Regulations under this section are subject to the affirmative resolution procedure.

After Clause 12, insert the following new Clause—<br> <b>“Minimum price for vaping products</b><br> (1) In this section, “vaping product” means—<br> (a) a device intended to enable the inhalation of nicotine-containing vapour through a mouthpiece,<br> (b) a refill container designed to be used with such a device, or<br> (c) any component or accessory intended for use with a device within paragraph (a), including cartridges, tanks, and mouthpieces, whether or not the product contains nicotine.<br> (2) A person must not sell, or offer for sale, any vaping product at a price lower than £30.<br> (3) The Secretary of State may by regulations amend the minimum price specified in subsection (2).<br> (4) Regulations under subsection (3) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”

<p>This amendment seeks to introduce a minimum retail price of £30 for vaping products in order to reduce affordability and limit access, particularly among children and young people.</p>

After Clause 12, insert the following new Clause—<br> <b>“Prohibition on the manufacture, supply and sale of pre-filled single-use vaping pods</b><br> (1) A person must not manufacture, supply, or offer for sale any pre-filled nicotine pod intended and designated for use in a vaping product.<br> (2) For the purposes of this section, a “pre-filled nicotine pod” means a sealed cartridge that—<br> (a) contains a nicotine-containing liquid,<br> (b) is not intended to be refilled or reused, and<br> (c) is designed for single use and disposal once the liquid is exhausted.<br> (3) The prohibition in subsection (1) applies to—<br> (a) manufacturers, importers and retailers, and<br> (b) both physical and online sales and supply.”

<p>This amendment prohibits the manufacture of reusable vapes which contained pre-filled nicotine pods.</p>

After Clause 16, insert the following new Clause—<br> <b>“Prohibition on plastic filters in cigarettes</b><br> (1) The Secretary of State must by regulations make provision prohibiting the manufacture, supply, or sale of—<br> (a) plastic filters intended for use in cigarettes, and<br> (b) cigarettes containing plastic filters.<br> (2) Regulations under this section must be laid before Parliament no later than the end of the period of six months beginning with the day on which this Act is passed.<br> (3) Regulations under this section may not be made unless a draft has been laid before and approved by a resolution of each House of Parliament.<br> (4) In this section <br> “plastic filter” means any cigarette filter that contains synthetic polymeric materials which are not biodegradable.”

Clause 90, page 51, line 7, after “trademarks” insert, “, markings containing health warnings”

<p>This amendment is linked to another amendment in Lord Rennard's name which enables regulations to be made requiring health warnings to be marked on individual cigarettes and cigarette papers.</p>

After Clause 90, insert the following new Clause—<br> <b>“Mandatory health warnings on cigarettes and cigarette rolling papers: consultation</b><br> (1) In developing regulations under section 90, the Secretary of State must consult on draft regulations which would, if made, include a requirement on producers of tobacco products and cigarette papers to print health warnings on individual cigarettes and individual cigarette papers.<br> (2) In this section, “cigarette papers” and “tobacco product” have the same meaning as in section 111 of this Act.”

<p>This new clause commits the government to consult on regulations under clause 90 requiring the placing of specified health warnings on cigarettes and rolling papers by tobacco manufacturers and importers.</p>

Clause 109, page 60, leave out line 13 and insert—<br> “(a) the producers of a relevant product or representatives of the producers of a relevant product,<br> (b) consumers of a relevant product or representatives of consumers of a relevant product, and<br> (c) any other persons that the Secretary of State considers appropriate.<br> (2) Consultation under this section must include a call for evidence.<br> (3) The Secretary of State must have due regard to all views received as part of any consultation under this section.<br> (4) For the purposes of this section a person is a “producer of a relevant product” if in the course of business and with a view to the product being supplied for consumption in any part of the United Kingdom or through the travel retail sector, the person—<br> (a) manufactures a relevant product,<br> (b) puts a name, trade mark or other distinguishing mark on a relevant product by which the person is held out to be its manufacturer or originator, or<br> (c) imports a relevant product into any part of the United Kingdom.<br> (5) For the purposes of subsection (4) a “relevant product” means—<br> (a) tobacco products,<br> (b) tobacco related devices,<br> (c) herbal smoking products,<br> (d) cigarette papers,<br> (e) vaping products, or<br> (f) nicotine products.”

Clause 135, page 77, line 11, leave out from “must” to end of line 12 and insert—<br> “(a) be satisfied that there is significant risk of harm to people occupying the place the Secretary of State proposes to designate as smoke-free,<br> (b) collect and publish evidence that demonstrates that there is significant risk of harm to people occupying the place the Secretary of State proposes to designate as smoke-free, and<br> (c) consult and consider the views of persons that control or are concerned in the management of the place the Secretary of State proposes to designate as smoke-free.<br> (5) The Secretary of State may designate a place or description of place under this section only if in the Secretary of State's opinion there is a significant risk that, without a designation, persons present there would be exposed to significant quantities of smoke.”

<i>The above-named Lords give notice of their intention to oppose the Question that Clause 35 stand part of the Bill.</i>

<p>This amendment removes the ability of the Secretary of State to take over enforcement functions from Trading Standards in specific cases.</p>

<i>The above-named Lords give notice of their intention to oppose the Question that Clause 36 stand part of the Bill.</i>

<p>This amendment removes the ability of the Secretary of State to take over proceedings from Trading Standards in respect of a particular offence.</p>

Clause 119, page 67, line 40, at end insert—<br> “(d) it is intended to promote a vaping product as a smoking cessation tool.”

<p>This amendment would ensure that vapes are able to be promoted as a smoking cessation tool and public health measure.</p>

None

Clause 109, page 60, line 13, and end insert – "(2) In this section, “relevant products” means (a) tobacco products, (b) herbal smoking products, (c) cigarette papers,"

None

Clause 135, page 77, line 12, at end insert- "(5) In this section- "hospital" has the same meaning as in section 275 of the National Health Service Act 2006; “provider of early years education” means a provider of education or childcare to children under five years of age that is registered in the"

None

After Clause 157, insert the following new Clause- "National Illicit Tobacco and Vape Enforcement Strategy (1) Within one year of the day on which this Act is passed, the Secretary of State must prepare and publish a strategy to address relevant illicit products (“National Illicit Tobacco and Vape Enforcement Strategy”). (2) The strategy must address - (a) the availability of relevant illicit products, (b) the means by which relevant illicit products are imported into the United Kingdom, (c) the means by which relevant illicit products are transported within the United Kingdom, (d) the means by which relevant illicit products are sold in the United Kingdom, and (e) any other issues relating to relevant illicit products that the Secretary of State considers appropriate. (3) In this section “relevant illicit products” means – (a) tobacco products, (b) tobacco related devices, (c) herbal smoking products, (d) cigarette papers, (e) vaping products, or (f) nicotine products that are in violation of any Act of Parliament or regulation made by the appropriate national authority."

None

After Clause 157, insert the following new Clause- "Tobacco products statutory scheme: consultation (1) The Secretary of State must consult and report on the desirability of making a scheme with one or more of the following purposes - (a) regulating, for the purposes of improving public health, the prices which may be charged by any producer or importer of tobacco products for the supply of any tobacco products; (b) limiting the profits which may accrue to any producer or importer in connection with the manufacture or supply of tobacco products; (c) providing for any producer or importer of tobacco products to pay to the Secretary of State an amount calculated by reference to sales or estimated sales of those products (whether on the basis of net prices, average selling"

None

After Clause 157, insert the following new Clause- “Reports on roadmap to a smoke-free United Kingdom (1) The Secretary of State must, on or before the relevant day and at least once every five years after that day, prepare and lay before Parliament a report setting out- (a) how the Secretary of State expects the smoke-free target will be achieved; (b) the steps proposed to achieve that target (which may include the setting of interim targets); (c) an analysis of statistical data relating to the achievement of the smoke-free target. (2) The reports must set out targets and proposed steps relating to geographical areas or categories of people in respect of which there are higher than average rates of smoking. (3) The Secretary of State must consult the appropriate national authorities when preparing the reports. (4) In this section – "appropriate national authority" means – (a) in relation to Wales, the Welsh Ministers, (b) in relation to Scotland, the Scottish Ministers, and (c) in relation to Northern Ireland, the Department of Health; "relevant day" means the last day before 25 December 2026 which is a sitting day for both Houses of Parliament; "the smoke-free target” means the end of the smoking of tobacco products in the United Kingdom."

None

After Clause 168, insert the following new Clause- "Expiry (1) The sections of this Act specified in subsection (2) and any regulations made under those sections expire at the end of the period of three years beginning with the day on which they enter fully into force. (2) Subsection (1) applies to- (a) sections 89 to 92 (product requirements etc), (b) section 93 (non-compliant images), (c) sections 100 and 101 (matters dealt with by 2016 Regulations), and (d) Part 6 (advertising and sponsorship). (3) The Secretary of State may by regulations provide that any provision of this Act- (a) does not expire at the time when it would otherwise expire (whether by virtue of subsection (1) or previous regulations under this subsection), and (b) expires instead at such earlier or later time as is specified in the regulations. (4) A time specified under subsection (3) in relation to a provision of this Act must not be later than the end of the period of one year beginning with the date on which the provision would otherwise have expired (whether by virtue of subsection (1) or previous regulations under subsection (3)). (5) At least three months before making regulations under subsection (3), the Secretary of State must- (a) publish a draft of those regulations, (b) publish an impact assessment of any provision, and any regulations already made under any provision, which would otherwise expire but for the draft regulations to be made under subsection (3), (c) consult the following persons publicly on the draft regulations and impact assessment - (i) the manufacturers of relevant products; (ii) the retailers of relevant products; (iii) any other persons the Secretary of State considers appropriate, and (d) give consultees at least two months to respond. (6) At least one month before making regulations under subsection (3), the Secretary of State must publish a report setting out their response to any consultation conducted under subsection (5), including any proposed changes to the regulations as a result of the consultation. (7) In this section "relevant products” means (a) tobacco products, (b) tobacco related devices,"

Clause 1, page 1, line 5, leave out “born on or after 1 January 2009” and insert “under the age of 21”

<p>This amendment seeks to remove the generational ban for tobacco products in England and Wales by raising the age of sale to 21.</p>

Clause 1, page 1, line 13, leave out “born before 1 January 2009” and insert “under the age of 21”

Clause 2, page 2, line 8, leave out “18” and insert “21”

Clause 2, page 2, line 9, leave out “born on or after 1 January 2009” and insert “under the age of 21”

Clause 2, page 2, line 14, leave out “born on or after 1 January 2009” and insert “under the age of 21”

Clause 5, page 3, line 8, leave out “born on or after 1 January 2009” and insert “under the age of 21”

Clause 6, page 3, line 30 leave out “born on or after 1 January 2009” and insert “under the age of 21”

After Clause 16, insert the following new Clause—<br> <b>“Prohibition on supply of cigarette filters in England and Wales</b><br> (1) The Secretary of State and Welsh Ministers must make regulations having the effect of prohibiting the supply of cigarette filters or cigarettes containing cigarette filters, whether by way of sale or not, in the course of a business.<br> (2) Subsections (6), (8), (9), (10), (10A), (10B), (10C) and (10D) of section 140 of the Environmental Protection Act 1990 apply to regulations under this section as they apply to regulations under that section.<br> (3) The notice required under section 140(6)(b) of the Environmental Protection Act 1990 as applied by subsection (2) in relation to the regulations mentioned in subsection (1) must be published no later than the end of the period of 12 months beginning with the day on which this Act is passed.<br> (4) In this section—<br> “cigarette filter” means a filter which is intended for use in a cigarette, whether as part of a ready made cigarette or to be used with hand rolling tobacco or other substances to be smoked in a cigarette.<br> (5) Regulations under this section are subject to the affirmative resolution procedure.”

<p>This new clause requires the Secretary of State and Welsh Ministers to make regulations which would prohibit the supply of cigarette filters or cigarettes containing cigarette filters.</p>

Clause 49, page 25, line 15, leave out “born on or after 1 January 2009” and insert “under the age of 21”

<p>This amendment seeks to remove the generational ban for tobacco products in Scotland by raising the age of sale to 21.</p>

Clause 49, page 25, line 18, leave out “born on or after 1 January 2009” and insert “under the age of 21”

Clause 49, page 25, line 22, leave out “born on or after 1 January 2009” and insert “under the age of 21”

Clause 49, page 25, line 24, leave out subsection (3)

Clause 49, page 26, line 11, leave out “born on or after 1 January 2009” and insert “under the age of 21”

Clause 49, page 26, line 13, leave out “born on or after 1 January 2009” and insert “under the age of 21”

Clause 49, page 26, line 16, leave out “born on or after 1 January 2009” and insert “under the age of 21”

Clause 68, page 35, line 33, leave out “born on or after 1 January 2009” and insert “under the age of 21”

<p>This amendment seeks to remove the generational ban for tobacco products in Northern Ireland by raising the age of sale to 21.</p>

Clause 68, page 36, line 6, leave out “born before 1 January 2009” and insert “over the age of 21”

Clause 69, page 36, line 16, leave out “born on or after 1 January 2009” and insert “under the age of 21”

Clause 69, page 36, line 19, leave out “born on or after 1 January 2009” and insert “under the age of 21”

Clause 69, page 36, line 26, leave out “born on or after 1 January 2009” and insert “under the age of 21”

Clause 72, page 37, line 28, leave out “born on or after 1 January 2009” and insert “under the age of 21”

After Clause 136, insert the following new Clause—<br> <b>“Specialist tobacconists: removal of exemption from smoke-free premises legislation</b><br> Regulation 7 of the Smoke-free (Exemptions and Vehicles) Regulations (S.I. 10 2007/765) is revoked.”

<p>This amendment seeks to remove the sampling exemption to smoke-free legislation for specialist tobacconists, which currently enables cigar lounges to operate.</p>

Schedule 5, page 133, line 16, leave out “born on or after 1 January 2009” and insert “under the age of 21”

<p>This amendment seeks to remove the generational ban on handing over tobacco products in Wales by raising the age to 21.</p>

Schedule 5, page 133, line 21, leave out “born on or after 1 January 2009” and insert “under the age of 21”

Schedule 5, page 133, line 26, leave out “born before 1 January 2009” and insert “over the age of 21”

Schedule 5, page 134, line 9, leave out “born before after 1 January 2009” and insert “over the age of 21”

Schedule 5, page 134, line 14, leave out “born on or after 1 January 2009” and insert “under the age of 21”

None

Clause 68, page 35, line 33, leave out “born on or after 1 January 2009” and insert “under the age of 21"

None

Clause 68, page 36, line 6, leave out “born before 1 January 2009” and insert "over the age of 21"

None

Clause 69, page 36, line 16, leave out “born on or after 1 January 2009" and insert "under the age of 21"

None

Clause 69, page 36, line 19, leave out “born on or after 1 January 2009” and insert “under the age of 21"

None

Clause 69, page 36, line 26, leave out “born on or after 1 January 2009” and insert “under the age of 21"

None

Clause 72, page 37, line 28, leave out “born on or after 1 January 2009” and insert “under the age of 21"

None

Schedule 10, page 148, line 14, at end insert - "(ba) a vaping product distribution business;”

None

Schedule 10, page 148, line 15, at end insert — "(d) a nicotine product distribution business.”

None

Schedule 10, page 148, line 19, leave out “or (c)” and insert “, (ba), (c), or (d)”

None

After Clause 84, insert the following new Clause- "Prohibition of distribution or retail sales of tobacco products etc without a licence (1) After section 4C of the Tobacco Retailers Act (Northern Ireland) 2014 (c. 4 (N.I.)) insert - “Licensing of the distribution of tobacco products etc 4D Prohibition of distribution of tobacco products etc without a licence (1) An individual must not do any of the following things except under the authority of and in accordance with a commercial distribution licence – (a) sistribute relevant products to any person; (b) possess relevant products for the purpose of their distribution (by the individual or another person). (2) A person must not use or permit the use of premises for any of the following except under the authority of an in accordance with a premises distribution licence – (a) the storage of relevant products for the purpose of their distribution (by the person or another person); (b) the supply of relevant products to businesses or wholesale purchasers. (3) Regulations may create exceptions to the prohibition in subsection (1) or (2). (4) Regulations must make provision for and in connection with the grant of commercial distribution licences and premises distribution licences. (5) Before making regulations under this section the Department must consult any persons the Department considers it appropriate to consult. (6) Schedule 3 makes further provision about regulations under subsection (4). In this section- "commercial distribution licence” means a licence granted by a licensing authority that authorises a business to do the things mentioned in subsection (1); "distribution" means the supply of products to retail businesses, wholesale distributors, and other forms of non-retail provision; "grant" includes variation or renewal; "licensing authority" has the meaning given by paragraph 2 of Schedule 3; “premises distribution licence” means a licence granted by a licensing authority that authorises the use of premises for the purposes listed in subsection (2); "relevant products” means – (a) tobacco products; (b) herbal smoking products; (c) cigarette papers; (d) vaping products; (e) nicotine products; "supply" includes despatch; “wholesale distributors” are businesses that offer goods for sale that are sold to persons for resale by them or for processing and resale by them, to members of the general public for their use or consumption. 4E Offenses in connection with licences (1) A person who breaches the prohibition in section 4D(1) or (2) commits an offence. (2) A person commits an offence if – (a) the person provides information to a licensing authority (i) in, or in connection with, an application for the grant of a commercial distribution licence or a premises distribution licence, or (ii) in pursuance of any other obligation imposed by or under regulations made under section 4D(4), (b) the information is false or misleading in a material respect, and (c) the person knows, or ought to know, that the information is false or misleading in a material respect. (3) A person who commits an offence under this section is liable on summary conviction to a fine. (4) The court by which a person is convicted of an offence under subsection (1) may order the relevant products to which the offence relates, and any container for them, to be forfeited and either destroyed or dealt with in such other manner as the court may order. (5) In this section- "grant" includes variation or renewal; “licensing authority” has the meaning given by paragraph 2 of Schedule 3; "commercial distribution licence” has the meaning given by section 4D(7); “premises distribution licence” has the meaning given by section 4D(7); “relevant product” has the meaning given by section 4D(7). 4F Financial penalties for breach of distribution licence conditions (1) A council may impose a financial penalty on a person if satisfied that - a. the person has breached a condition of a commercial distribution licence or premises distribution licence, and b. the breach does not constitute a criminal offence under section 4E. (2) The amount of the financial penalty must not exceed £100,000. (3) Regulations may amend the amount specified in subsection (2) for the purpose of reflecting inflation. (4) Schedule 4 makes further provision about the imposition of financial penalties under this section. (5) In this section “commercial distribution licence” and “premises distribution licence” have the meaning given by section 4D(7).” (2) Schedule (Distributor licensing scheme: Northern Ireland) inserts new Schedule 3 to the Tobacco Retailers Act (Northern Ireland) 2014, relating to the grant of commercial distribution licences and premises distribution licences. (3) Schedule (Financial penalties for breach of distribution licence conditions: Northern Ireland) inserts new Schedule 4 to the Tobacco Retailers Act (Northern Ireland) 2014, relating to the imposition of financial penalties.”

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After Schedule 13, insert the following new Schedule- "SCHEDULE FINANCIAL PENALTIES FOR BREACH OF DISTRIBUTION LICENCE CONDITIONS: NORTHERN IRELAND In the Tobacco Retailers Act (Northern Ireland) 2014 (c. 4 (N.I.)), after Schedule 3 (inserted by Schedule (Distributor licensing scheme: Northern Ireland) of this Act), insert – "SCHEDULE 4 FINANCIAL PENALTIES FOR BREACH OF DISTRIBUTION LICENCE CONDITIONS Introduction 1 This schedule makes further provision in connection with the imposition of financial penalties under section 4F. Notices of intent 2 (1) A council must, before imposing a financial penalty on a person, give the person written notice (a “notice of intent") of the proposed financial penalty. (2) A notice of intent must specify - (a) the amount of proposed financial penalty, (b) the reasons for proposing to impose the penalty, (c) information about the right to make representations under paragraph 3, and (d) the date by which any representations must be made. (3) The date specified under sub-paragraph (2)(d) must be a date more than 28 days after the day on which the notice of intent is given to the person. (4) The council may at any time withdraw the notice of intent, or amend it to reduce the amount of the proposed financial penalty, by giving written notice to the person. Right to make representations 3 (1) A person who is given a notice of intent under paragraph 2 may make written representations to the council that issued the notice about the proposal to impose a financial penalty. (2) Any representations must be made within the period (“the period for representations”) ending with the date specified under paragraph 2(2)(d). Final notices 4 (1) After the end of the period for representations the council must decide whether to impose a financial penalty on the person. (2) If the council decides to impose a financial penalty on the person, the council must give the person written notice (a “final notice”) imposing the penalty. (3) A final notice must specify (a) the amount of financial penalty, (b) the reasons for imposing the penalty, (c) the date by which the penalty must be paid, (d) information about the right of appeal under paragraph 5, and (e) the consequences of failing to comply with the final notice. (4) he date specified under sub-paragraph (3)(c) must be a date more than 28 days after the day on which the final notice is given to the person. (5) The council may at any time withdraw a final notice, or amend it to reduce the amount of the financial penalty, by giving written notice to the person. (6) A final notice may not be given more than 28 days after the last day of the period for representations. Appeals 5 (1) A person on whom a financial penalty is imposed under section 4F may appeal to the magistrates' court against- (a) the decision to impose the penalty, or (b) the amount of penalty. (2) An appeal under this paragraph must be brought before the end of the period of 28 days beginning with the day after the day on which the final notice is given to the person in accordance with paragraph 4. (3) On an appeal under this paragraph the magistrates' court may confirm, reduce or cancel the penalty. (4) If a person appeals under this paragraph, the final notice is suspended until the appeal is finally determined, withdrawn or abandoned. Recovery 6 (1) This paragraph applies if a person fails to pay the whole or part of a financial penalty before the end of the period within which the person is required to pay the penalty. (2) The council that imposed the financial penalty may recover the unpaid amount of the penalty as if it were payable under an order of the county court. Use of proceeds 7 (1) A council may use any sums it receives in pursuance of final notices given under paragraph 4 (its “financial penalty receipts”) only for the purposes of its functions under this Act. (2) A council must supply the Department with such information relating to its use of its financial penalty receipts as the Department may require. (3) Regulations may make provision for what a council is to do with its financial penalty receipts - (a) pending their being used for the purposes mentioned in sub-paragraph (1); (b) if they are not used for those purposes within a period of time specified in the regulations and beginning with their receipt. (4) The provision that may be made under sub-paragraph (3)(b) includes (in particular) provision for the payment of sums to a person (including the Department) other than the council. (5) Regulations may make provision for accounting arrangements in respect of a council's financial penalty receipts. (6) Before making regulations under this paragraph, the Department must consult- (a) councils, and (b) such other persons as the Department considers appropriate.

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After Schedule 13, insert the following new Schedule- "SCHEDULE DISTRIBUTOR LICENSING SCHEME: NORTHERN IRELAND In the Tobacco Retailers Act (Northern Ireland) 2014 (c. 4 (N.I.)), after Schedule 2 (inserted by Schedule 12 of this Act), insert — "SCHEDULE 3 DISTRIBUTOR LICENSING SCHEME Introduction 1 This Schedule is about the provision that may be made by regulations under section 4D(4). Licensing authority 2 The regulations must specify a council (a “licensing authoirty”) which is to grant licences. Grant of license 3 (1) The regulation may (a) prohibit a licensing authority from granting a licence unless satisfied as to a matter specified in the regulations; (b) require a licensing authority to have regard, in deciding whether to grant a licence, to a matter specified in the regulations. (2) The provision that may be made under sub-paragraph (1)(a) includes – (a) provision prohibiting a licensing authority from granting a premises distribution licence in respect of premises within an area of a description specified in the regulations; (b) provision limiting the number of licensed premises within an area of a description specified in the regulations. (3) The regulations may make provision requiring a licensing authority not to grant a premises distribution licence unless the premises have been inspected in accordance with the regulations. Licence fee 4 (1) The regulations may authorise a licensing authority to charge a fee in respect of an application for the grant of a licence (which may be set at a level that takes into account the cost of exercising functions under or in connection with sections 4D to 4F or the regulations). (2) Any such fee must not exceed an amount specified in, or determined in accordance with, the regulations. (3) The regulations may require a licensing authority to pay a proportion of any amount received by virtue of sub-paragraph (1) to any other person with functions under or in connection with sections 4D to 4F or the regulations. Licence conditions 5 (1) The regulations may make provision for the grant of a licence subject to conditions. (2) Provision of the kind mentioned in sub-paragraph (1) may - (a) enable a licensing authority to attach conditions to a licence; (b) require a licensing authority to attach to a licence a condition specified in the regulations. (3) The provision that may be made under sub-paragraph (1) includes provision prohibiting or restricting the commercial distribution of relevant products within an area of a description specified in the regulations. Duration etc of licence 6 (1) The regulations may make provision about the duration, renewal, variation, suspension or revocation of licenses. (2) The provision that may be made under sub-paragraph (1) includes provision conferring power on a court by which a person is convicted of an offence under section 4E to vary, suspend or revoke a licence. Publication of license information 7 The regulations may make provision for the publication by a licensing authority of information relating to licences granted by licensing authority. Reviews and appeals 8 (1) The regulations must specify the circumstances in which a person may request a review of a decision taken under the regulations. (2) The regulations must confer a right of appeal to the magistrates' court against a decision taken on a review. (3) The regulations may contain provision about time limits for requesting reviews or initiating appeals. Guidance 9 The regulations may require a licensing authority, in carrying out functions under the regulations, to have regard to guidance published by the Secretary of State. Sub-delegation 10 The regulations may confer discretions. Interpretation 11 In this Schedule - “commercial distribution licence” has the meaning given by section 4D; "grant" includes vary or renew; “licence” means a commercial distribution licence or a premises distribution licence; "licensing authority” has the meaning given by paragraph 2 “premises distribution licence” has the meaning given by section 4D; “relevant products” has the meaning given by section 4D.”

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After Clause 157, insert the following new Clause- "Tobacco products statutory scheme: consultation (1) The Secretary of State must consult and report on the desirability of making a scheme with one or more of the following purposes (a) regulating, for the purposes of improving public health, the prices which may be charged by any producer or importer of tobacco products for the supply of any tobacco products; (b) limiting the profits which may accrue to any producer or importer in connection with the manufacture or supply of tobacco products; (c) providing for any producer or importer of tobacco products to pay to the Secretary of State an amount calculated by reference to sales or estimated sales of those products (whether on the basis of net prices, average selling prices or otherwise) to be used for the purposes of reducing smoking prevalence and improving public health. (2) In this section – "importer", in relation to tobacco products, and “tobacco products" have the meaning as in Part 5 (see section 111), “producer”, in relation to tobacco products, is to be construed in accordance with the meaning of “production” in Part 5 (see section 111).”

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After Clause 157, insert the following new Clause- "Reports on roadmap to a smoke-free United Kingdom (1) The Secretary of State must, on or before the relevant day and at least once every five years after that day, prepare and lay before Parliament a report setting out- (a) how the Secretary of State expects the smoke-free target will be achieved; (b) the steps proposed to achieve that target (which may include the setting of interim targets); (c) an analysis of statistical data relating to the achievement of the smoke-free target. (2) The reports must set out targets and proposed steps relating to geographical areas or categories of people in respect of which there are higher than average rates of smoking. (3) The Secretary of State must consult the appropriate national authorities when preparing the reports. (4) In this section- “appropriate national authority" means – (a) in relation to Wales, the Welsh Ministers, (b) in relation to Scotland, the Scottish Ministers, and (c) in relation to Northern Ireland, the Department of Health; "relevant day" means the last day before 25 December 2026 which is a sitting day for both Houses of Parliament; "the smoke-free target” means the end of the smoking of tobacco products in the United Kingdom.

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Clause 167, page 120, line 22, after “18” insert “, (Prohibition of distribution of tobacco products etc in England without a licence), (Offenses in connection with distribution licences: England), (Financial penalties for breach of distribution licence conditions: England)”

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Clause 167, page 120, line 22, leave out “and 2 (licensing of retail sales” and insert “, 2, (Distributor licensing scheme: England) and (Financial penalties for breach of distribution licence conditions: England) (licensing of retail sales and distribution”

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Clause 167, page 120, line 29, at end insert- (aa) sections (Prohibition of distribution of tobacco products etc in Wales without a licence), (Offenses in connection with licences: Wales), (Financial penalties for breach of distribution licence conditions: Wales) and Schedules (Distributor licensing scheme: Wales) and (Financial penalties for breach of distributor licensing conditions: Wales) (licensing of distribution of tobacco products etc in Wales);"

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Clause 167, page 121, line 7, at end insert- (c) section (Prohibition of distribution or retail sales of tobacco products etc without a licence) and Schedule (Licensing of distribution of tobacco products etc in Northern Ireland)."

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Title, line 2, leave out “born on or after 1 January 2009” and insert “under the age of 21”

After Clause 12, insert the following new Clause—<br> <b>“Requirement for retailers of vapes in England to include age-verification technology</b><br> (1) The Secretary of State may make regulations making it an offence for a tobacco retailer who sells vapes on premises in England to sell vapes that do not contain approved age-gating technology.<br> (2) The Secretary of State may by regulations specify the requirements with which any age-gating technology must comply, which must include (but need not be limited to)—<br> (a) the information, including biometric information, that a user must provide to the age-gating technology in order to be able to use the vape;<br> (b) the steps that the age-gating technology must require the user to take in order to verify their identity and that they are aged 18 or over before first activating the vape for use;<br> (c) the steps which the age-gating technology must require the user to take in order to verify their identity following activation of the vape, and the frequency with, and circumstances in, which the age-gating technology must require these steps to be taken;<br> (d) the requirements with which the age-gating technology must comply in order to ensure the security of the information, including personal data, provided to it by users;<br> (e) the technical specifications which the age-gating technology must meet in order to ensure that it is compatible with vapes made by different manufacturers.<br> (3) The Secretary of State may by regulations under this section make further provision about requirements with which tobacco retailers must comply.<br> (4) In this section, “age-gating technology” means technology designed to prevent the use of vaping products by persons aged under 18.<br> (5) Before making regulations under this section the Secretary of State must consult any persons the Secretary of State considers it appropriate to consult.<br> (6) Regulations under this section are subject to the affirmative resolution procedure.”

<p>This new clause would introduce a requirement for retailers of vapes in England to include age-verification technology.</p>

After Clause 12, insert the following new Clause—<br> <b>“Requirement for retailers of vapes in Wales to include age-verification technology</b><br> (1) The Welsh Ministers may make regulations making it an offence for a tobacco retailer who sells vapes on premises in Wales to sell vapes that do not contain approved age-gating technology.<br> (2) The Welsh Ministers may by regulations specify the requirements, with which any age-gating technology must comply, which must include (but need not be limited to)—<br> (a) the information, including biometric information, that a user must provide to the age-gating technology in order to be able to use the vape;<br> (b) the steps that the age-gating technology must require the user to take in order to verify their identity and that they are aged 18 or over before first activating the vape for use;<br> (c) the steps which the age-gating technology must require the user to take in order to verify their identity following activation of the vape, and the frequency with, and circumstances in, which the age-gating technology must require these steps to be taken;<br> (d) the requirements with which the age-gating technology must comply in order to ensure the security of the information, including personal data, provided to it by users;<br> (e) the technical specifications which the age-gating technology must meet in order to ensure that it is compatible with vapes made by different manufacturers.<br> (3) The Welsh Ministers may by regulations under subsection (2) make further provision about requirements with which tobacco retailers must comply.<br> (4) In this section, “age-gating technology” means technology designed to prevent the use of vaping products by persons aged under 18.<br> (5) Before making regulations under this section the Welsh Ministers must consult any persons that the Welsh Ministers consider it appropriate to consult.<br> (6) Regulations under this section are subject to the affirmative resolution procedure.”

<p>This new clause would introduce a requirement for retailers of vapes in Wales to include age-verification technology.</p>

Clause 38, page 20, line 19, leave out “paid into the relevant Consolidated Fund” and insert “allocated by the relevant local authority to public health projects”

<p>This amendment would direct funds from Fixed Penalty Notice fines to public health initiatives as determined by local authorities.</p>

Clause 38, page 20, line 20, leave out “paying such sums into the relevant Consolidated Fund” and insert “such sums are allocated by the relevant local authority”

<p>This amendment is consequential on another amendment to this Clause in Baroness Walmsley’s name.</p>

After Clause 157, insert the following new Clause—<br> <b>“Tobacco products statutory scheme: consultation</b><br> (1) The Secretary of State must consult and report on the desirability of making a scheme with one or more of the following purposes—<br> (a) regulating, for the purposes of improving public health, the prices which may be charged by any producer or importer of tobacco products for the supply of any tobacco products;<br> (b) limiting the profits which may accrue to any producer or importer in connection with the manufacture or supply of tobacco products;<br> (c) providing for any producer or importer of tobacco products to pay to the Secretary of State an amount calculated by reference to sales or estimated sales of those products (whether on the basis of net prices, average selling prices or otherwise) to be used for the purposes of reducing smoking prevalence and improving public health.<br> (2) In this section—<br> “importer” , in relation to tobacco products, and “tobacco products” have the meaning as in Part 5 (see section 111),<br> “producer” , in relation to tobacco products, is to be construed in accordance with the meaning of “production” in Part 5 (see section 111).”

<p>This new clause would require the Secretary of State to consult on proposals for regulating the prices and profits of, and to raise funds from, tobacco manufacturers and importers.</p>

After Clause 157, insert the following new Clause—<br> <b>“Reports on roadmap to a smoke-free United Kingdom</b><br> (1) The Secretary of State must, on or before the relevant day and at least once every five years after that day, prepare and lay before Parliament a report setting out—<br> (a) how the Secretary of State expects the smoke-free target will be achieved;<br> (b) the steps proposed to achieve that target (which may include the setting of interim targets);<br> (c) an analysis of statistical data relating to the achievement of the smoke-free target.<br> (2) The reports must set out targets and proposed steps relating to geographical areas or categories of people in respect of which there are higher than average rates of smoking.<br> (3) The Secretary of State must consult the appropriate national authorities when preparing the reports.<br> (4) In this section—<br> “appropriate national authority” means—<br> (a) in relation to Wales, the Welsh Ministers,<br> (b) in relation to Scotland, the Scottish Ministers, and<br> (c) in relation to Northern Ireland, the Department of Health;<br> “relevant day” means the last day before 25 December 2026 which is a sitting day for both Houses of Parliament;<br> “the smoke-free target” means the end of the smoking of tobacco products in the United Kingdom.”

<p>This new clause requires the Secretary of State to prepare and lay before Parliament 5-yearly reports containing a roadmap to a smoke-free country including targets and specific interventions for populations with high prevalence rates.</p>

Clause 135, page 76, line 32, at end insert—<br> “(c) there is evidence is causing harm to non-smokers,”

Clause 91, page 51, line 23, after “flavour” insert “descriptors”

After Clause 1, insert the following new Clause—<br> <b>“Complete prohibition of tobacco products from 2040</b><br> (1) In addition to the prohibition in section 1 regarding individuals born on or after 1 January 2009, the sale of tobacco products to any person is prohibited in the United Kingdom from 1 January 2040.<br> (2) All licences to sell tobacco and tobacco retail registrations will be invalid as of 00:01am on 1 January 2040.<br> (3) The Secretary of State must, within 12 months of the day on which this Act is passed, lay before Parliament a strategy for—<br> (a) implementing the complete prohibition under subsection (1),<br> (b) supporting tobacco retailers and businesses in transitioning away from tobacco product sales,<br> (c) strengthening enforcement mechanisms to prevent illicit trade of tobacco products, and<br> (d) enhancing smoking cessation services to support individuals ahead of the 2040 prohibition.<br> (4) The strategy under subsection (3) must include provision for a phased reduction in tobacco product availability beginning not later than 1 January 2030.<br> (5) Nothing in this section affects the operation of section 1 of this Act, which applies to individuals born on or after 1 January 2009 regardless of the prohibition in subsection (1).”

<p>This amendment preserves the generational approach to phasing out tobacco while establishing a backstop date of 1 January 2040 for complete prohibition. The amendment also requires the Secretary of State to develop a comprehensive implementation strategy.</p>

After Clause 9, insert the following new Clause—<br> <b>“Ban on manufacture of high-strength oral nicotine products</b><br> (1) It is an offence to manufacture a high-strength oral nicotine product.<br> (2) In this section “high-strength oral nicotine product” means a nicotine product that—<br> (a) is intended for oral use,<br> (b) is not intended to be inhaled or chewed, and<br> (c) contains more than 20 milligrams of nicotine per portion.<br> (3) A person who commits an offence under this section is liable—<br> (a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;<br> (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.”

<p>This amendment bans the manufacture of nicotine pouches containing more than 20mg of nicotine.</p>

After Clause 9, insert the following new Clause—<br> <b>“Ban on sales of high-strength oral nicotine products</b><br> (1) It is an offence to—<br> (a) sell a high-strength oral nicotine product, or<br> (b) offer or expose a high-strength oral nicotine product for sale.<br> (2) In this section “high-strength oral nicotine product” has the same meaning as in section <i>(Ban on manufacture of high-strength oral nicotine products)</i>.<br> (3) It is a defence for a person charged with an offence under this section to prove that they took all reasonable steps to avoid the commission of the offence.<br> (4) A person who commits an offence under this section is liable—<br> (a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;<br> (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.”

<p>This amendment creates an offence of selling nicotine pouches containing more than 20mg of nicotine.</p>

After Clause 9, insert the following new Clause—<br> <b>“Possession of high-strength oral nicotine products with intent to supply</b><br> (1) It is an offence for a person to have a high-strength oral nicotine product in their possession with intent to supply it to another in the course of business.<br> (2) In this section “high-strength oral nicotine product” has the same meaning as in section <i>(Ban on manufacture of high-strength oral nicotine products)</i>.<br> (3) A person who commits an offence under this section is liable—<br> (a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;<br> (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.”

<p>This amendment makes it an offence to possess with intent to supply nicotine pouches containing more than 20mg of nicotine.</p>

Clause 13, page 7, line 12, leave out from first “consult” to end and insert “and take into consideration the view of—<br> (a) retailers of relevant products or their representatives, and<br> (b) any other person the Secretary of State considers it appropriate to consult.”

Clause 14, page 8, leave out line 2 and insert “and take into consideration the views of—<br> (a) retailers of relevant products or their representatives, and<br> (b) any other person the Welsh Ministers consider it appropriate to consult.”

Clause 16, page 9, line 22, leave out from “consult” to end of line 23 and insert “and take into consideration the views of—<br> (a) retailers of relevant products or their representatives, and<br> (b) any other person the Secretary of State considers it appropriate to consult.”

Clause 16, page 9, line 23, at end insert—<br> “(5A) Draft regulations under this section must be published before the end of the period of six months from the passing of this Act.”

After Clause 18, insert the following new Clause—<br> <b>“Prohibition of distribution of tobacco products etc in England without a licence</b><br> (1) An individual must not do any of the following things in the course of business in England, except under the authority of and in accordance with a commercial distribution licence—<br> (a) distribute relevant products to any person;<br> (b) possess relevant products for the purpose of their distribution (by the individual or another person).<br> (2) A person must not in the course of business use or permit the use of premises in England for any of the following except under the authority of and in accordance with a premises distribution licence—<br> (a) the storage of relevant products for the purpose of their distribution (by the person or another person);<br> (b) the supply of relevant products to businesses or wholesale purchasers.<br> (3) The Secretary of State may by regulations create exceptions to the prohibition in subsection (1) or (2).<br> (4) The Secretary of State must by regulations make provision for and in connection with the grant of commercial distribution licences and premises distribution licences.<br> (5) Before making regulations under this section, the Secretary of State must consult any persons that the Secretary of State considers it appropriate to consult.<br> (6) Schedule (<i>Distributor licensing scheme: England</i>) makes further provision about regulations under subsection (4).<br> (7) Regulations under this section are subject to the affirmative resolution procedure.<br> (8) In this section—<br> “commercial distribution licence” means a licence granted by a licensing authority that authorises a business to do the things mentioned in subsection (1);<br> “distribution” means the supply of products to retail businesses, wholesale distributors, and other forms of non-retail supply;<br> “grant” includes variation or renewal;<br> “licensing authority” has the meaning given by paragraph of Schedule (<i>Distributor licensing scheme: England</i>);<br> “premises distribution licence” means a licence granted by a licensing authority that authorises the use of premises for the purposes listed in subsection (2);<br> “relevant products” means—<br> (a) tobacco products;<br> (b) herbal smoking products;<br> (c) cigarette papers;<br> (d) vaping products;<br> (e) nicotine products;<br> “supply” includes despatch;<br> “wholesale distributors” are businesses that offer goods for sale that are sold to persons for resale by them or for processing and resale by them, to members of the general public for their use or consumption.”

After Clause 18, insert the following new Clause—<br> <b>“Offences in connection with distribution licences: England</b><br> (1) A person who breaches the prohibition in section (<i>Prohibition of distribution of tobacco products etc in England without a licence</i>)(1) or (2) commits an offence.<br> (2) A person commits an offence if—<br> (a) the person provides information to a licensing authority—<br> (i) in, or in connection with, an application for the grant of a commercial distribution licence or a premises distribution licence, or<br> (ii) in pursuance of any other obligation imposed by or under regulations made under section (<i>Prohibition of distribution of tobacco products etc in England without a licence</i>)(4), and<br> (b) the information is false or misleading in a material respect, and<br> (c) the person knows, or ought to know, that the information is false or misleading in a material respect.<br> (3) A person who commits an offence under this section is liable on summary conviction to a fine.<br> (4) The court by which a person is convicted of an offence under subsection (1) may order the relevant products to which the offence relates, and any container for them, to be forfeited and either destroyed or dealt with in such other manner as the court may order.<br> (5) In this section—<br> “grant” includes variation or renewal;<br> “licensing authority” has the meaning given by paragraph 2 of Schedule (<i>Distributor licensing scheme: England</i>);<br> “commercial distribution licence” has the meaning given by section (<i>Prohibition of distribution of tobacco products etc in England without a licence</i>)(8);<br> “premises distribution licence” has the meaning given by section (<i>Prohibition of distribution of tobacco products etc in England without a licence</i>)(8);<br> “relevant products” has the meaning given by section (<i>Prohibition of distribution of tobacco products etc in England without a licence</i>)(8).”

After Clause 18, insert the following new Clause—<br> <b>“Financial penalties for breach of distribution licence conditions: England</b><br> (1) A local weights and measures authority in England may impose a financial penalty on a person if satisfied that—<br> (a) the person has breached a condition of a commercial distribution licence or premises distribution licence, and<br> (b) the breach does not constitute a criminal offence under section (<i>Offences in connection with distribution licences: England</i>).<br> (2) The amount of the financial penalty must not exceed £100,000.<br> (3) The Secretary of State may by regulations amend the amount specified in subsection (2) for the purpose of reflecting inflation.<br> (4) Schedule (<i>Financial penalties for breach of distribution licence conditions: England</i>) makes further provision about the imposition of penalties under this section.<br> (5) Regulations under this section are subject to the negative resolution procedure.<br> (6) In this section “commercial distribution licence” and “premises distribution licence” have the meaning given by section (<i>Prohibition of distribution of tobacco products etc in England without a licence</i>)(8).”

Clause 19, page 11, leave out line 24 and insert “and take into consideration the views of—<br> (a) retailers of relevant products or their representatives, and<br> (b) any other person the Welsh Ministers consider it appropriate to consult.”

Clause 19, page 11, line 24, at end insert—<br> “(5A) Draft regulations under this section must be published before the end of the period of six months from the passing of this Act.”

After Clause 22, insert the following new Clause—<br> <b>“Prohibition of distribution of tobacco products etc in Wales without a licence</b><br> (1) An individual must not do any of the following things in the course of business in Wales except under the authority of and in accordance with a commercial distribution licence—<br> (a) distribute relevant products to any person other than a retail customer;<br> (b) possess relevant products for the purpose of their distribution (by the individual or another person).<br> (2) A person must not use or permit the use of premises in Wales for any of the following except under the authority of and in accordance with a premises distribution licence—<br> (a) the storage of relevant products for the purpose of their distribution (by the person or another person);<br> (b) the supply of relevant products to businesses or wholesale purchasers.<br> (3) The Welsh Ministers may by regulations create exceptions to the prohibition in subsection (1) or (2).<br> (4) The Welsh Ministers must by regulations make provision for and in connection with the grant of commercial distribution licences and premises distribution licences.<br> (5) Before making regulations under this section the Welsh Ministers must consult any persons that the Welsh Ministers consider it appropriate to consult.<br> (6) Schedule (<i>Distributor licensing scheme: Wales</i>) makes further provision about regulations under subsection (4).<br> (7) Regulations under this section are subject to the affirmative resolution procedure.<br> (8) In this section—<br> “commercial distribution licence” means a licence granted by a licensing authority that authorises a business to do the things mentioned in subsection (1);<br> “distribution” means the supply of products to retail businesses, wholesale distributors, and other forms of non-retail provision;<br> “grant” includes variation or renewal;<br> “licensing authority” , in relation to the doing of things or the use of premises in a county or county borough in Wales, means the council of the county or county borough;<br> “premises distribution licence” means a licence granted by a licensing authority that authorises the use of premises for the purposes listed in subsection (2);<br> “relevant products” means<br> (a) tobacco products;<br> (b) herbal smoking products;<br> (c) cigarette papers;<br> (d) vaping products;<br> (e) nicotine products;<br> “supply” includes despatch;<br> “wholesale distributors” are businesses that offer goods for sale that are sold to persons for resale by them or for processing and resale by them, to members of the general public for their use or consumption.”

After Clause 22, insert the following new Clause—<br> <b>“Offences in connection with licences: Wales</b><br> (1) A person who breaches the prohibition in section (<i>Prohibition of distribution of tobacco products etc in Wales without a licence</i>)(1) or (2) commits an offence.<br> (2) A person commits an offence if—<br> (a) the person provides information to a licensing authority—<br> (i) in, or in connection with, an application for the grant of a commercial distribution licence or a premises distribution licence, or<br> (ii) in pursuance of any other obligation imposed by or under regulations made under section (<i>Prohibition of distribution of tobacco products etc in Wales without a licence</i>)(4),<br> (b) the information is false or misleading in a material respect, and<br> (c) the person knows, or ought to know, that the information is false or misleading in a material respect.<br> (3) A person who commits an offence under this section is liable on summary conviction to a fine.<br> (4) The court by which a person is convicted of an offence under subsection (1) may order the relevant products to which the offence relates, and any container for them, to be forfeited and either destroyed or dealt with in such other manner as the court may order.<br> (5) In this section—<br> “grant” includes variation or renewal;<br> “licensing authority” in relation to the doing of things or the use of premises in a county or county borough in Wales, means the council of the county or county borough;<br> “commercial distribution licence” has the meaning given by section (<i>Prohibition of distribution of tobacco products etc in Wales without a licence</i>)(8);<br> “premises distribution licence” has the meaning given by section (<i>Prohibition of distribution of tobacco products etc in Wales without a licence</i>)(8);<br> “relevant product” has the meaning given by section (<i>Prohibition of distribution of tobacco products etc in Wales without a licence</i>)(8).”

After Clause 22, insert the following new Clause—<br> <b>“Financial penalties for breach of distribution licence conditions: Wales</b><br> (1) A local weights and measures authority in Wales may impose a financial penalty on a person if satisfied that—<br> (a) the person has breached a condition of a commercial distribution licence or premises distribution licence, and<br> (b) the breach does not constitute a criminal offence under section (<i>Prohibition of distribution of tobacco products etc in Wales without a licence</i>).<br> (2) The amount of the financial penalty must not exceed £100,000.<br> (3) The Welsh Ministers may by regulations amend the amount specified in subsection (2) for the purpose of reflecting inflation.<br> (4) Schedule (<i>Financial penalties for breach of distributor licensing conditions: Wales</i>) makes further provision about the imposition of financial penalties under this section.<br> (5) Regulations under this section are subject to the negative resolution procedure.<br> (6) In this section “commercial distribution licence” and “premises distribution licence” have the meaning given by section (<i>Prohibition of distribution of tobacco products etc in Wales without a licence</i>)(8).”

Clause 47, page 24, line 3, at end insert—<br> ““retailers of relevant products” means a person who carries on a business involving the sale of the following products by retail—<br> (a) tobacco products,<br> (b) tobacco related devices,<br> (c) herbal smoking products,<br> (d) cigarette papers,<br> (e) vaping products, or<br> (f) nicotine products;”

After Clause 84, insert the following new Clause—<br> <b>“Prohibition of distribution of tobacco products etc without a licence</b><br> (1) After section 4C of the Tobacco Retailers Act (Northern Ireland) 2014 (c. 4 (N.I.)) insert—<br> <i class="text-centre">“Licensing of the distribution of tobacco products etc</i><br> <b>4D</b> <b>Prohibition of distribution of tobacco products etc without a licence</b><br> (1) An individual must not do any of the following things except under the authority of and in accordance with a commercial distribution licence—<br> (a) distribute relevant products to any person;<br> (b) possess relevant products for the purpose of their distribution (by the individual or another person).<br> (2) A person must not use or permit the use of premises for any of the following except under the authority of an in accordance with a premises distribution licence—<br> (a) the storage of relevant products for the purpose of their distribution (by the person or another person);<br> (b) the supply of relevant products to businesses or wholesale purchasers.<br> (3) Regulations may create exceptions to the prohibition in subsection (1) or (2).<br> (4) Regulations must make provision for and in connection with the grant of commercial distribution licences and premises distribution licences.<br> (5) Before making regulations under this section the Department must consult any persons the Department considers it appropriate to consult.<br> (6) Schedule 3 makes further provision about regulations under subsection (4).<br> (7) In this section—<br> “commercial distribution licence” means a licence granted by a licensing authority that authorises a business to do the things mentioned in subsection (1);<br> “distribution” means the supply of products to retail businesses, wholesale distributors, and other forms of non-retail provision;<br> “grant” includes variation or renewal;<br> “licensing authority” has the meaning given by paragraph 2 of Schedule 3;<br> “premises distribution licence” means a licence granted by a licensing authority that authorises the use of premises for the purposes listed in subsection (2);<br> “relevant products” means—<br> (a) tobacco products;<br> (b) herbal smoking products;<br> (c) cigarette papers;<br> (d) vaping products;<br> (e) nicotine products;<br> “supply” includes despatch;<br> “wholesale distributors” are businesses that offer goods for sale that are sold to persons for resale by them or for processing and resale by them, to members of the general public for their use or consumption.<br> <b>4E</b> <b>Offenses in connection with licences</b><br> (1) A person who breaches the prohibition in section 4D(1) or (2) commits an offence.<br> (2) A person commits an offence if—<br> (a) the person provides information to a licensing authority—<br> (i) in, or in connection with, an application for the grant of a commercial distribution licence or a premises distribution licence, or<br> (ii) in pursuance of any other obligation imposed by or under regulations made under section 4D(4),<br> (b) the information is false or misleading in a material respect, and<br> (c) the person knows, or ought to know, that the information is false or misleading in a material respect.<br> (3) A person who commits an offence under this section is liable on summary conviction to a fine.<br> (4) The court by which a person is convicted of an offence under subsection (1) may order the relevant products to which the offence relates, and any container for them, to be forfeited and either destroyed or dealt with in such other manner as the court may order.<br> (5) In this section—<br> “grant” includes variation or renewal;<br> “licensing authority” has the meaning given by paragraph 2 of Schedule 3;<br> “commercial distribution licence” has the meaning given by section 4D(7);<br> “premises distribution licence” has the meaning given by section 4D(7);<br> “relevant product” has the meaning given by section 4D(7).<br> <b>4F</b> <b>Financial penalties for breach of distribution licence conditions</b><br> (1) A council may impose a financial penalty on a person if satisfied that - a. the person has breached a condition of a commercial distribution licence or premises distribution licence, and b. the breach does not constitute a criminal offence under section 4E.<br> (2) The amount of the financial penalty must not exceed £100,000.<br> (3) Regulations may amend the amount specified in subsection (2) for the purpose of reflecting inflation.<br> (4) Schedule 4 makes further provision about the imposition of financial penalties under this section.<br> (5) In this section “commercial distribution licence” and “premises distribution licence” have the meaning given by section 4D(7).”<br> (2) Schedule (<i>Distributor licensing scheme: Northern Ireland</i>) inserts new Schedule 3 to the Tobacco Retailers Act (Northern Ireland) 2014, relating to the grant of commercial distribution licences and premises distribution licences.<br> (3) Schedule (<i>Financial penalties for breach of distribution licence conditions: Northern Ireland</i>) inserts new Schedule 4 to the Tobacco Retailers Act (Northern Ireland) 2014, relating to the imposition of financial penalties.”

Clause 88, page 49, line 13, after “products” insert “or any relevant high-strength oral nicotine products”

<p>This amendment permits HMRC officers to seize and detain nicotine pouches containing more than 20mg of nicotine.</p>

Clause 88, page 49, line 30, at end insert—<br> ““relevant high-strength oral nicotine product” means a nicotine product that—<br> (a) is intended for oral use,<br> (b) is not intended to be inhaled or chewed, and<br> (c) contains more than 20 milligrams of nicotine per portion.”

<p>This amendment is consequential to the other amendment to Clause 88 in Lord Kamall’s name.</p>

Clause 109, page 60, line 12, after “consult” insert “and take into consideration the views of”

Clause 109, page 60, leave out line 13 and insert “manufacturers of relevant products”

Clause 109, page 60, line 13, and end insert—<br> “(2) In this section, “relevant products” means—<br> (a) tobacco products,<br> (b) herbal smoking products,<br> (c) cigarette papers,<br> (d) vaping products, or<br> (e) nicotine products.”

After Clause 120, insert the following new Clause—<br> <b>“Advertising exemptions for specialist vaping retailers</b><br> (1) A person does not commit an offence under any of the sections 113 to 117 in relation to an advertisement whose purpose or effect is to promote a vaping product if the advertisement—<br> (a) is in a specialist vaping shop,<br> (b) is not visible from outside the specialist vaping shop, and<br> (c) complies with the requirements (if any) specified by the appropriate national authority in regulations as to the inclusion of health warnings and information.<br> (2) Regulations under subsection (1)(c) are subject to the negative resolution procedure.<br> (3) In this section—<br> “appropriate national authority” —<br> (a) in relation to specialist vaping shops in England, means the Secretary of State,<br> (b) in relation to specialist vaping shops in Wales, means the Welsh Ministers,<br> (c) in relation to specialist vaping shops in Scotland, means the Scottish Ministers, and<br> (d) in relation to specialist vaping shops in Northern Ireland, means the Department of Health for Northern Ireland;<br> “shop” includes a self-contained part of a shop (and, in relation to a self-contained part of a shop, “premises” means that self-contained part);<br> “specialist vaping shop” means a shop selling vaping products by retail (whether or not it sells other things) more than 90% of whose sales on the premises in question derive from the sale of vaping products and vaping accessories.<br> (4) For the purposes of determining whether a shop is a specialist vaping shop the sales are to be measured by the sale price—<br> (a) during the most recent period of 12 months for which accounts are available, or<br> (b) during the period for which the shop has been established, if it has not been established long enough for 12 months’ accounts to be available.”

<p>This new clause would enable specialist vaping retailers to operate and provide free advice and consultations to smokers who are trying to find the right product for them to quit.</p>

Clause 135, page 76, line 29, leave out from “smoke-free” to end of line 3 on page 77 and insert “any place in England that is—<br> (a) an NHS property or hospital,<br> (b) a public playground,<br> (c) a provider of early years education, or<br> (d) a school.”

<p>This amendment restricts the Secretary of State’s power to designate smoke-free places to only hospitals, children’s playgrounds, providers of early years education and schools in England.</p>

Clause 135, page 77, line 12, at end insert—<br> “(5) In this section—<br> “hospital” has the same meaning as in section 275 of the National Health Service Act 2006;<br> “provider of early years education” means a provider of education or childcare to children under five years of age that is registered in the early years register maintained by the Office for Standards in Education, Children’s Services and Skills;<br> “public playground” means a premises that—<br> (a) is designed or adapted for the use, by children, of one or more items of playground equipment,<br> (b) is open to the public, for the purpose (or the primary purpose) of the provision of play facilities for children, and<br> (c) is not enclosed or substantially enclosed;<br> “school” has the same meaning as in section 4 of the Education Act 1996.”

<p>This amendment defines terms in Lord Kamall’s other amendment to clause 135, page 76, line 30.</p>

Clause 138, page 79, line 2, leave out from “designating” to end of line 3 and insert “as vape-free any place in England that is a—<br> (a) public playground,<br> (b) provider of early years education, or<br> (c) school.”

<p>This amendment restricts the Secretary of State’s power to designate vape-free places to only playgrounds, providers of early years education and schools in England.</p>

Clause 138, page 79, line 30, at end insert—<br> “(9) In this section—<br> “provider of early years education” means a provider of education or childcare to children under five years of age that is registered in the early years register maintained by the Office for Standards in Education, Children’s Services and Skills;<br> “public playground” means a premises that—<br> (a) is designed or adapted for the use, by children, of one or more items of playground equipment,<br> (b) is open to the public, for the purpose (or the primary purpose) of the provision of play facilities for children, and<br> (c) is not enclosed or substantially enclosed;<br> “school” has the same meaning as in section 4 of the Education Act 1996.”

<p>This amendment defines terms in Lord Kamall’s other amendment to clause 138, page 79, line 30.</p>

After Clause 157, insert the following new Clause—<br> <b>“Strategy to reduce retail crime linked to tobacco and vaping products</b><br> (1) The Secretary of State must prepare and publish a strategy to reduce offences against retailers of relevant products as a result of changes made by this Act.<br> (2) The strategy must address—<br> (a) violence and abuse against retail workers at work resulting from—<br> (i) the refusal of sale of relevant products, and<br> (ii) requests for identification by retail workers to a person attempting to buy relevant products;<br> (b) theft of relevant products from retailers of relevant products, and<br> (c) any other offence against retailers of relevant products relating to relevant products.<br> (3) The strategy must be published before the end of the period of 12 months after the day on which this Act is passed and updated between 1 January 2027 and 1 January 2028.<br> (4) In preparing the strategy the Secretary of State must consult—<br> (a) retailers of relevant products,<br> (b) representatives of retailers of relevant products,<br> (c) elected local policing bodies, and<br> (d) any other person the Secretary of State considers it appropriate to consult.<br> (5) For the purposes of this section “retailers of relevant products” means a person who carries on a business involving the sale of relevant products by retail.<br> (6) In this section—<br> “elected local policing bodies” has the same meaning as section 101 of the Police Act 1996;<br> “relevant products” means—<br> (a) tobacco products,<br> (b) tobacco related devices,<br> (c) herbal smoking products,<br> (d) cigarette papers,<br> (e) vaping products, or<br> (f) nicotine products;<br> “retail workers at work” means a person who—<br> (a) is working on or about retail premises, and<br> (b) is working there for or on behalf of the owner or occupier of those premises, or is the owner or occupier of those premises.<br> (7) In subsection (6) “retail premises” means—<br> (a) premises used wholly or mainly for the purposes of the sale of anything by retail, or<br> (b) premises used mainly for the purposes of the wholesale of anything, if the premises are also used for the purposes of the sale of anything by retail,<br> <span class="wrapped">and here “premises” include a stall or vehicle.”</span>

<p>This amendment requires the Secretary of State to publish a strategy to reduce retail crime against retailers of tobacco, vaping and nicotine products.</p>

After Clause 157, insert the following new Clause—<br> <b>“Review of Act</b><br> (1) The Secretary of State must—<br> (a) carry out a review of the operation and effect of this Act,<br> (b) set out the conclusions of the review in a report,<br> (c) publish the report, and<br> (d) lay a copy of the report before Parliament.<br> (2) The report must be published before the end of the period of five years beginning with the day on which Parts 1 to 4 come fully into force.<br> (3) The report must, in particular assess—<br> (a) the extent to which the provisions of this Act have reduced rates of smoking,<br> (b) the extent to which the provisions of this Act have reduced use of vaping products amongst children,<br> (c) whether the provisions of this Act have led to a reduction in the use of vaping products for the purposes of smoking cessation for adults,<br> (d) the economic impacts of the provisions of this Act on small and micro businesses, and<br> (e) the rate of compliance with the provisions of this Act.<br> (4) For the purposes of this section “small and micro businesses” has the same meaning as section 33 of the Small Business, Enterprise and Employment Act 2015.”

<p>This amendment requires the Secretary of State to carry out a review of the Act and publish and lay before Parliament a report setting out the conclusions of that review.</p>

After Clause 157, insert the following new Clause—<br> <b>“National Illicit Tobacco and Vape Enforcement Strategy</b><br> (1) Within one year of the day on which this Act is passed, the Secretary of State must prepare and publish a strategy to address relevant illicit products (“National Illicit Tobacco and Vape Enforcement Strategy”).<br> (2) The strategy must address—<br> (a) the availability of relevant illicit products,<br> (b) the means by which relevant illicit products are imported into the United Kingdom,<br> (c) the means by which relevant illicit products are transported within the United Kingdom,<br> (d) the means by which relevant illicit products are sold in the United Kingdom, and<br> (e) any other issues relating to relevant illicit products that the Secretary of State considers appropriate.<br> (3) In this section “relevant illicit products” means—<br> (a) tobacco products,<br> (b) tobacco related devices,<br> (c) herbal smoking products,<br> (d) cigarette papers,<br> (e) vaping products, or<br> (f) nicotine products<br> <span class="wrapped">that are in violation of any Act of Parliament or regulation made by the appropriate national authority.</span><br> (4) For the purposes of subsection (3) “appropriate national authority” means—<br> (a) in relation to England, the Secretary of State,<br> (b) in relation to Wales, the Welsh Ministers,<br> (c) in relation to Scotland, the Scottish Ministers,<br> (d) in relation to Northern Ireland, the Department of Health.”

<p>This amendment requires the Secretary of State to publish a strategy to deal with the illicit trade in tobacco and vaping products.</p>

After Clause 157, insert the following new Clause—<br> <b>“Guidance on implementation for retailers</b><br> (1) Within one year of the day on which this Act is passed, the Secretary of State must publish guidance on the implementation of the provisions of this Act for retailers of relevant products.<br> (2) For the purposes of this section “retailers of relevant products” means a person who carries on a business involving the sale of relevant products by retail.<br> (3) For the purposes of subsection (2) “relevant products” means—<br> (a) tobacco products,<br> (b) tobacco related devices,<br> (c) herbal smoking products,<br> (d) cigarette papers,<br> (e) vaping products, or<br> (f) nicotine products.”

Clause 167, page 120, line 22, leave out “and 2 (licensing of retail sales” and insert “, 2, (<i>Distributor licensing scheme: England</i>) and (<i>Financial penalties for breach of distribution licence conditions: England</i>) (licensing of retail sales and distribution”

Clause 167, page 120, line 22, after “18” insert “, (<i>Prohibition of distribution of tobacco products etc in England without a licence</i>), (<i>Offenses in connection with distribution licences: England</i>), (<i>Financial penalties for breach of distribution licence conditions: England</i>)”

Clause 167, page 120, line 29, at end insert—<br> (aa) sections (<i>Prohibition of distribution of tobacco products etc in Wales without a licence</i>), (<i>Offenses in connection with licences: Wales</i>), (<i>Financial penalties for breach of distribution licence conditions: Wales</i>) and Schedules (<i>Distributor licensing scheme: Wales</i>) and (<i>Financial penalties for breach of distributor licensing conditions: Wales</i>) (licensing of distribution of tobacco products etc in Wales);”

Clause 167, page 121, line 7, at end insert—<br> (c) section (<i>Prohibition of distribution or retail sales of tobacco products etc without a licence</i>) and Schedule (<i>Licensing of distribution of tobacco products etc in Northern Ireland</i>).”

Clause 168, page 121, line 11, leave out subsection (1) and insert—<br> “(1) Part 5 (product and information requirements etc) may not come into force until the Secretary of State has consulted and considered the views of small and micro businesses (as defined by section 33 of the Small Business, Enterprise and Employment Act 2015).”

After Schedule 2, insert the following new Schedule—<br> “Schedule<br> <span class="schedule-heading">FINANCIAL PENALTIES FOR BREACHES OF DISTRIBUTION LICENCE CONDITIONS: ENGLAND</span><br> <i class="text-centre">Introduction</i><br> 1 This schedule makes further provision in connection with the imposition of financial penalties under section (<i>Financial penalties for breach of distribution licence conditions: England</i>).<br> <i class="text-centre">Notices of intent</i><br> 2 <span class="sub-para subparagraph"><span class="sub-para-num">(1)</span><span class="sub-para-text">A local weights and measures authority must, before imposing a financial penalty on a person, give the person written notice (a “notice of intent”) of the proposed financial penalty.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">A notice of intent must specify—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">the amount of proposed financial penalty,</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">the reasons for proposing to impose the penalty,</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(c)</span><span class="sub-para-text">information about the right to make representations under paragraph 3, and</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(d)</span><span class="sub-para-text">the date by which any representations must be made.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">The date specified under sub-paragraph (2)(d) must be a date more than 28 days after the day on which the notice of intent is given to the person.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(4)</span><span class="sub-para-text">The local weights and measures authority may at any time withdraw the notice of intent, or amend it to reduce the amount of the proposed financial penalty, by giving written notice to the person.</span></span><br> <i class="text-centre">Right to make representations</i><br> 3 <span class="sub-para subparagraph"><span class="sub-para-num">(1)</span><span class="sub-para-text">A person who is given a notice of intent under paragraph 2 may make written representations to the local weights and measures authority that issued the notice about the proposal to impose a financial penalty.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">Any representations must be made within the period (“the period for representations”) ending with the date specified under paragraph 2(2)(d).</span></span><br> <i class="text-centre">Final notices</i><br> 4 <span class="sub-para subparagraph"><span class="sub-para-num">(1)</span><span class="sub-para-text">After the end of the period for representations the local weights and measures authority must decide whether to impose a financial penalty on the person.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">If the local weights and measures authority decides to impose a financial penalty on the person, the authority must give the person written notice (a “final notice”) imposing the penalty.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">A final notice must specify—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">the amount of the financial penalty,</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">the reasons for imposing the penalty,</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(c)</span><span class="sub-para-text">the date by which the penalty must be paid,</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(d)</span><span class="sub-para-text">information about the right of appeal under paragraph 5, and</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(e)</span><span class="sub-para-text">the consequences of failing to comply with the final notice.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(4)</span><span class="sub-para-text">The date specified under sub-paragraph (3)(c) must be a date more than 28 days after the day on which the final notice is given to the person.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(5)</span><span class="sub-para-text">The local weights and measures authority may at any time withdraw a final notice, or amend it to reduce the amount of the financial penalty, by giving written notice to the person.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(6)</span><span class="sub-para-text">A final notice may not be given more than 28 days after the last day of the period for representations.</span></span><br> <i class="text-centre">Appeals</i><br> 5 <span class="sub-para subparagraph"><span class="sub-para-num">(1)</span><span class="sub-para-text">A person on whom a financial penalty is imposed under section (<i>Financial penalties for breach of distribution licence conditions: England</i>) may appeal to the magistrates’ court against—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">the decision to impose the penalty, or</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">the amount of the penalty.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">An appeal under this paragraph must be brought before the end of the period of 28 days beginning with the day after the day on which the final notice is given to the person in accordance with paragraph 4.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">On an appeal under this paragraph the magistrates’ court may confirm, reduce or cancel the penalty.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(4)</span><span class="sub-para-text">If a person appeals under this paragraph, the final notice is suspended until the appeal is finally determined, withdrawn or abandoned.</span></span><br> <i class="text-centre">Recovery</i><br> 6 <span class="sub-para subparagraph"><span class="sub-para-num">(1)</span><span class="sub-para-text">This paragraph applies if a person fails to pay the whole or part of a financial penalty before the end of the period within which the person is required to pay the penalty.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">The local weights and measures authority that imposed the financial penalty may recover the unpaid amount of the penalty as if it were payable under an order of the county court.</span></span><br> <i class="text-centre">Use of proceeds</i><br> 7 <span class="sub-para subparagraph"><span class="sub-para-num">(1)</span><span class="sub-para-text">Any sums received in pursuance of final notices given under paragraph 4 must be paid into the Consolidated Fund.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">But before paying such sums into the Consolidated Fund the local weights and measures authority may deduct—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">the costs of investigating the matters to which the final notices relate, and</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">the costs of issuing the notices.”</span></span>

After Schedule 2, insert the following new Schedule—<br> “Schedule<br> <span class="schedule-heading">DISTRIBUTOR LICENSING SCHEME: ENGLAND</span><br> <i class="text-centre">Introduction</i><br> 1 This Schedule is about the provision that may be made by regulations under section (<i>Prohibition of distribution of tobacco products etc in England without a licence</i>)(4).<br> <i class="text-centre">Licensing authority</i><br> 2 The regulations must specify a description of local authority (a “licensing authority”) which is to grant licences.<br> <i class="text-centre">Grant of licence</i><br> 3 <span class="sub-para subparagraph"><span class="sub-para-num">(1)</span><span class="sub-para-text">The regulations may—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">prohibit a licensing authority from granting a licence unless satisfied as to a matter specified in the regulations;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">require a licensing authority to have regard, in deciding whether to grant a licence, to a matter specified in the regulations.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">The provision that may be made under sub-paragraph (1)(a) includes—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">provision prohibiting a licensing authority from granting a premises distribution licence in respect of premises within an area of a description specified in the regulations;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">provision limiting the number of licensed premises within an area of a description specified in the regulations.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">The regulations may make provision requiring a licensing authority not to grant a premises distribution licence unless the premises have been inspected in accordance with the regulations.</span></span><br> <i class="text-centre">Licence fee</i><br> 4 <span class="sub-para subparagraph"><span class="sub-para-num">(1)</span><span class="sub-para-text">The regulations may authorise a licensing authority to charge a fee in respect of an application for the grant of a licence (which may be set at a level that takes into account the cost of exercising functions under or in connection with sections (<i>Prohibition of distribution of tobacco products etc in England without a licence</i>), (<i>Offenses in connection with distribution licences: England</i>), (<i>Financial penalties for breach of distribution licence conditions: England</i>) or the regulations.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">Any such fee must not exceed an amount specified in, or determined in accordance with, the regulations.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">The regulations may require a licensing authority to pay a proportion of any amount received by virtue of sub-paragraph (1) to any other person with functions under or in connection with sections (<i>Prohibition of distribution of tobacco products etc in England without a licence</i>), (<i>Offenses in connection with distribution licences: England</i>), (<i>Financial penalties for breach of distribution licence conditions: England</i>) or the regulations.</span></span><br> <i class="text-centre">Licence conditions</i><br> 5 <span class="sub-para subparagraph"><span class="sub-para-num">(1)</span><span class="sub-para-text">The regulations may make provision for the grant of a licence subject to conditions.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">Provisions of the kind mentioned in sub-paragraph (1) may—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">enable a licensing authority to attach conditions to a licence;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">require a licensing authority to attach to a licence a condition specified in the regulations.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">The provision that may be made under sub-paragraph (1) includes provision prohibiting or restricting the commercial distribution of relevant products within an area of a description specified in the regulations.</span></span><br> <i class="text-centre">Duration etc of licence</i><br> 6 <span class="sub-para subparagraph"><span class="sub-para-num">(1)</span><span class="sub-para-text">The regulations may make provision about the duration, renewal, variation, suspension or revocation of licenses.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">The provision that may be made under sub-paragraph (1) includes provision conferring power on a court by which a person is convicted of an offence under section (<i>Offenses in connection with distribution licences: England)</i> to vary, suspend or revoke a licence.</span></span><br> <i class="text-centre">Publication of license information</i><br> 7 The regulations may make provision for the publication by a licensing authority of information relating to licences granted by the licensing authority.<br> <i class="text-centre">Reviews and appeals</i><br> 8 <span class="sub-para subparagraph"><span class="sub-para-num">(1)</span><span class="sub-para-text">The regulations must specify the circumstances in which a person may request a review of a decision taken under the regulations.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">The regulations must confer a right of appeal to the magistrates’ court against a decision taken on a review.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">The regulations may contain provision about time limits for requesting reviews or initiating appeals.</span></span><br> <i class="text-centre">Guidance</i><br> 9 The regulations may require a licensing authority, in carrying out functions under the regulations, to have regard to guidance published by the Secretary of State.<br> <i class="text-centre">Sub-delegation</i><br> 10 The regulations may confer discretions.<br> <i class="text-centre">Interpretation</i><br> 11 In this Schedule—<br> “commercial distribution licence” has the meaning given by section (<i>Prohibition of distribution of tobacco products etc in England without a licence</i>)(8);<br> “grant” includes vary or renew;<br> “licence” means a commercial distribution licence or a premises distribution licence;<br> “licensing authority” has the meaning given by paragraph 2;<br> “local authority” means—<br> (a) a county council in England;<br> (b) a district council in England;<br> (c) a London borough council;<br> (d) a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;<br> (e) a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;<br> (f) the Common Council of the City of London (in its capacity as a local authority), the Sub-Treasurer of the Inner Temple or the Under Treasurer of the Middle Temple;<br> (g) the Council of the Isles of Scilly;<br> “premises distribution licence” has the meaning given by section (<i>Prohibition of distribution of tobacco products etc in England without a licence</i>)(8);<br> “relevant products” has the meaning given by section (<i>Prohibition of distribution of tobacco products etc in England without a licence</i>)(8).”

After Schedule 4, insert the following new Schedule—<br> “Schedule<br> <span class="schedule-heading">DISTRIBUTOR LICENSING SCHEME: WALES</span><br> <i class="text-centre">Introduction</i><br> 1 This Schedule is about the provision that may be made by regulations under section (<i>Prohibition of distribution of tobacco products etc in Wales without a licence</i>)(4).<br> <i class="text-centre">Grant of Licence</i><br> 2 <span class="sub-para subparagraph"><span class="sub-para-num">(1)</span><span class="sub-para-text">The regulations may—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">prohibit a licensing authority from granting a distribution licence unless satisfied as to a matter specified in the regulations;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">require a licensing authority to have regard, in deciding whether to grant a licence, to a matter specified in the regulations.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">The provision that may be made under sub-paragraph (1)(a) includes—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">provision prohibiting a licensing authority from granting a premises distribution licence in respect of premises within an area of a description specified in the regulations;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">provision limiting the number of licensed distribution premises within an area of a description specified in the regulations.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">The regulations may make provision requiring a licensing authority not to grant a premises distribution licence unless the premises have been inspected in accordance with the regulations</span></span><br> <i class="text-centre">Licence fee</i><br> 3 <span class="sub-para subparagraph"><span class="sub-para-num">(1)</span><span class="sub-para-text">The regulations may authorise a licensing authority to charge a fee in respect of an application for the grant of a licence (which may be set at a level that takes into account the cost of exercising functions under or in connection with sections (<i>Prohibition of distribution of tobacco products etc in Wales without a licence</i>), (<i>Offences in connection with licences: Wales</i>), (<i>Financial penalties for breach of distribution licence conditions: Wales</i>) or the regulations).</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">Any such fee must not exceed an amount specified in, or determined in accordance with, the regulations.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">The regulations may require a licensing authority to pay a proportion of any amount received by virtue of sub-paragraph (1) to any other person with functions under sections (<i>Prohibition of distribution of tobacco products etc in Wales without a licence</i>), (<i>Offences in connection with licences: Wales</i>), (<i>Financial penalties for breach of distribution licence conditions: Wales</i>) or the regulations.</span></span><br> <i class="text-centre">Licence conditions</i><br> 4 <span class="sub-para subparagraph"><span class="sub-para-num">(1)</span><span class="sub-para-text">The regulations may make provision for the grant of a licence subject to conditions.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">Provision of the kind mentioned in sub-paragraph (1) may—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">enable a licensing authority to attach conditions to a licence;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">require a licensing authority to attach to a licence a condition specified in the regulations.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">The provision that may be made under sub-paragraph (1) includes provision prohibiting or restricting the commercial distribution of relevant products within an area of a description specified in the regulations.</span></span><br> <i class="text-centre">Duration of Licence</i><br> 5 <span class="sub-para subparagraph"><span class="sub-para-num">(1)</span><span class="sub-para-text">The regulations may make provision about the duration, renewal, variation, suspension or revocation of licences.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">The provision that may be made under sub-paragraph (1) includes provision conferring power on a court by which a person is convicted of an offence under section (<i>Offences in connection with licences: Wales</i>) to vary, suspend or revoke a licence.</span></span><br> <i class="text-centre">Publication of licence information</i><br> 6 The regulations may make provision for the publication by a licensing authority of information relating to licences granted by the licensing authority.<br> <i class="text-centre">Reviews and appeals</i><br> 7 <span class="sub-para subparagraph"><span class="sub-para-num">(1)</span><span class="sub-para-text">The regulations may make provision for the publication by a licensing authority of information relating to licences granted by the licensing authority.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">The regulations must confer a right of appeal to the magistrates’ court against a decision taken on a review.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">The regulations may contain provision about time limits for requesting reviews or initiating appeals.</span></span><br> <i class="text-centre">Guidance</i><br> 8 The regulations may require a licensing authority, in carrying out functions under the regulations, to have regard to guidance published by the Welsh Ministers.<br> <i class="text-centre">Sub-delegation</i><br> 9 The regulations may confer discretions.<br> <i class="text-centre">Interpretation</i><br> 10 In this Schedule—<br> “commercial distributions licence” has the meaning given by section (<i>Prohibition of distribution of tobacco products etc in Wales without a licence</i>)(8);<br> “grant” includes vary or renew;<br> “licence” means a commercial distribution licence or a premises distribution licence;<br> “licensing authority” , in relation to the doing of things or the use of premises in a county or county borough in Wales, means the council of the county or county borough;<br> “premises distribution licence” has the meaning given by section (<i>Prohibition of distribution of tobacco products etc in Wales without a licence)</i>(8);<br> “relevant products” has the meaning given by section (<i>Prohibition of distribution of tobacco products etc in Wales without a licence</i>)(8).”

After Schedule 4, insert the following new Schedule—<br> “Schedule<br> <span class="schedule-heading">FINANCIAL PENALTIES FOR BREACH OF DISTRIBUTOR LICENSING CONDITIONS: WALES</span><br> <i class="text-centre">Introduction</i><br> 1 This schedule makes further provision in connection with the imposition of financial penalties under section (<i>Financial penalties for breach of distribution licence conditions: Wales</i>).<br> <i class="text-centre">Notice of intent</i><br> 2 <span class="sub-para subparagraph"><span class="sub-para-num">(1)</span><span class="sub-para-text">A local weights and measures authority must, before imposing a financial penalty on a person, give the person written notice (a “notice of intent”) of the proposed financial penalty.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">A notice of intent must specify—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">the amount of the proposed financial penalty,</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">the reasons for proposing to impose the penalty,</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(c)</span><span class="sub-para-text">information about the right to make representations under paragraph 3, and</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(d)</span><span class="sub-para-text">the date by which any representations must be made.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">The date specified under sub-paragraph (2)(d) must be a date more than 28 days after the day on which the notice of intent is given to the person.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(4)</span><span class="sub-para-text">The local weights and measures authority may at any time withdraw the notice of intent, or amend it to reduce the amount of the proposed financial penalty, by giving written notice to the person.</span></span><br> <i class="text-centre">Right to make representations</i><br> 3 <span class="sub-para subparagraph"><span class="sub-para-num">(1)</span><span class="sub-para-text">A person who is given a notice of intent under paragraph 2 may make written representations to the local weights and measures authority that issued the notice about the proposal to impose a financial penalty.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">Any representations must be made within the period (“the period for representations”) ending with the date specified under paragraph 2(2)(d).</span></span><br> <i class="text-centre">Final notices</i><br> 4 <span class="sub-para subparagraph"><span class="sub-para-num">(1)</span><span class="sub-para-text">After the end of the period for representations the local weights and measures authority must decide whether to impose a financial penalty on the person.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">If the local weights and measures authority decides to impose a financial penalty on the person, the authority must give the person written notice (a “final notice”) imposing the penalty.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">A final notice must specify—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">the amount of financial penalty,</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">the reasons for imposing the penalty,</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(c)</span><span class="sub-para-text">the date by which the penalty must be paid,</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(d)</span><span class="sub-para-text">information about the right of appeal under paragraph 5, and</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(e)</span><span class="sub-para-text">the consequences of failing to comply with the final notice.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(4)</span><span class="sub-para-text">The date specified under sub-paragraph (3)(c) must be a date more than 28 days after the day on which the final notice is given to the person.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(5)</span><span class="sub-para-text">The local weights and measures authority may at any time withdraw a final notice, or amend it to reduce the amount of the financial penalty, by giving written notice to the person.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(6)</span><span class="sub-para-text">A final notice may not be given more than 28 days after the last day of the period for representations.</span></span><br> <i class="text-centre">Appeals</i><br> 5 <span class="sub-para subparagraph"><span class="sub-para-num">(1)</span><span class="sub-para-text">A person on whom a financial penalty is imposed under section (<i>Financial penalties for breach of distribution licence conditions: Wales</i>) may appeal to the magistrates’ court against—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">the decision to impose the penalty, or</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">the amount of the penalty.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">An appeal under this paragraph must be brought before the end of the period of 28 days beginning with the day after the day on which the final notice is given to the person in accordance with paragraph 4.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">On an appeal under this paragraph the magistrates’ court may confirm, reduce or cancel the penalty.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(4)</span><span class="sub-para-text">If a person appeals under this paragraph, the final notice is suspended until the appeal is finally determined, withdrawn or abandoned.</span></span><br> <i class="text-centre">Recovery</i><br> 6 <span class="sub-para subparagraph"><span class="sub-para-num">(1)</span><span class="sub-para-text">This paragraph applies if a person fails to pay the whole or part of a financial penalty before the end of the period within which the person is required to pay the penalty.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">The local weights and measures authority that imposed the financial penalty may recover the unpaid amount of the penalty as if it were payable under an order of the county court.</span></span><br> <i class="text-centre">Use or proceeds</i><br> 7 <span class="sub-para subparagraph"><span class="sub-para-num">(1)</span><span class="sub-para-text">Any sums received in pursuance of final notices given under paragraph 4 must be paid into the Welsh Consolidated Fund.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">But before paying such sums into the Welsh Consolidated Fund the local weights and measures authority may deduct—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">the costs of investigating the matters to which the final notices relate, and</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">the costs of issuing the notices.”</span></span>

Schedule 9, page 145, line 5, at end insert—<br> “(ca) a vaping product distribution business;”

Schedule 9, page 145, line 6, at end insert—<br> “(e) a nicotine product distribution business.”

Schedule 9, page 145, line 9, leave out “or (d)” and insert “, (ca), (d), or (e)”

Schedule 10, page 148, line 14, at end insert—<br> “(ba) a vaping product distribution business;”

Schedule 10, page 148, line 15, at end insert—<br> “(d) a nicotine product distribution business.”

Schedule 10, page 148, line 19, leave out “or (c)” and insert “, (ba), (c), or (d)”

After Schedule 13, insert the following new Schedule—<br> “Schedule<br> <span class="schedule-heading">FINANCIAL PENALTIES FOR BREACH OF DISTRIBUTION LICENCE CONDITIONS: NORTHERN IRELAND</span><br> In the Tobacco Retailers Act (Northern Ireland) 2014 (c. 4 (N.I.)), after Schedule 3 (inserted by Schedule (<i>Distributor licensing scheme: Northern Ireland</i>) of this Act), insert—<br> “Schedule 4<br> <span class="schedule-heading">FINANCIAL PENALTIES FOR BREACH OF DISTRIBUTION LICENCE CONDITIONS</span><br> <i class="text-centre">Introduction</i><br> 1 This schedule makes further provision in connection with the imposition of financial penalties under section 4F.<br> <i class="text-centre">Notices of intent</i><br> 2 <span class="sub-para subparagraph"><span class="sub-para-num">(1)</span><span class="sub-para-text">A council must, before imposing a financial penalty on a person, give the person written notice (a “notice of intent”) of the proposed financial penalty.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">A notice of intent must specify—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">the amount of proposed financial penalty,</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">the reasons for proposing to impose the penalty,</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(c)</span><span class="sub-para-text">information about the right to make representations under paragraph 3, and</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(d)</span><span class="sub-para-text">the date by which any representations must be made.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">The date specified under sub-paragraph (2)(d) must be a date more than 28 days after the day on which the notice of intent is given to the person.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(4)</span><span class="sub-para-text">The council may at any time withdraw the notice of intent, or amend it to reduce the amount of the proposed financial penalty, by giving written notice to the person.</span></span><br> <i class="text-centre">Right to make representations</i><br> 3 <span class="sub-para subparagraph"><span class="sub-para-num">(1)</span><span class="sub-para-text">A person who is given a notice of intent under paragraph 2 may make written representations to the council that issued the notice about the proposal to impose a financial penalty.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">Any representations must be made within the period (“the period for representations”) ending with the date specified under paragraph 2(2)(d).</span></span><br> <i class="text-centre">Final notices</i><br> 4 <span class="sub-para subparagraph"><span class="sub-para-num">(1)</span><span class="sub-para-text">After the end of the period for representations the council must decide whether to impose a financial penalty on the person.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">If the council decides to impose a financial penalty on the person, the council must give the person written notice (a “final notice”) imposing the penalty.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">A final notice must specify—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">the amount of financial penalty,</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">the reasons for imposing the penalty,</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(c)</span><span class="sub-para-text">the date by which the penalty must be paid,</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(d)</span><span class="sub-para-text">information about the right of appeal under paragraph 5, and</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(e)</span><span class="sub-para-text">the consequences of failing to comply with the final notice.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(4)</span><span class="sub-para-text">he date specified under sub-paragraph (3)(c) must be a date more than 28 days after the day on which the final notice is given to the person.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(5)</span><span class="sub-para-text">The council may at any time withdraw a final notice, or amend it to reduce the amount of the financial penalty, by giving written notice to the person.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(6)</span><span class="sub-para-text">A final notice may not be given more than 28 days after the last day of the period for representations.</span></span><br> <i class="text-centre">Appeals</i><br> 5 <span class="sub-para subparagraph"><span class="sub-para-num">(1)</span><span class="sub-para-text">A person on whom a financial penalty is imposed under section 4F may appeal to the magistrates’ court against—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">the decision to impose the penalty, or</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">the amount of penalty.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">An appeal under this paragraph must be brought before the end of the period of 28 days beginning with the day after the day on which the final notice is given to the person in accordance with paragraph 4.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">On an appeal under this paragraph the magistrates’ court may confirm, reduce or cancel the penalty.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(4)</span><span class="sub-para-text">If a person appeals under this paragraph, the final notice is suspended until the appeal is finally determined, withdrawn or abandoned.</span></span><br> <i class="text-centre">Recovery</i><br> 6 <span class="sub-para subparagraph"><span class="sub-para-num">(1)</span><span class="sub-para-text">This paragraph applies if a person fails to pay the whole or part of a financial penalty before the end of the period within which the person is required to pay the penalty.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">The council that imposed the financial penalty may recover the unpaid amount of the penalty as if it were payable under an order of the county court.</span></span><br> <i class="text-centre">Use of proceeds</i><br> 7 <span class="sub-para subparagraph"><span class="sub-para-num">(1)</span><span class="sub-para-text">A council may use any sums it receives in pursuance of final notices given under paragraph 4 (its “financial penalty receipts”) only for the purposes of its functions under this Act.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">A council must supply the Department with such information relating to its use of its financial penalty receipts as the Department may require.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">Regulations may make provision for what a council is to do with its financial penalty receipts—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">pending their being used for the purposes mentioned in sub-paragraph (1);</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">if they are not used for those purposes within a period of time specified in the regulations and beginning with their receipt.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(4)</span><span class="sub-para-text">The provision that may be made under sub-paragraph (3)(b) includes (in particular) provision for the payment of sums to a person (including the Department) other than the council.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(5)</span><span class="sub-para-text">Regulations may make provision for accounting arrangements in respect of a council's financial penalty receipts.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(6)</span><span class="sub-para-text">Before making regulations under this paragraph, the Department must consult—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">councils, and</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">such other persons as the Department considers appropriate.””</span></span>

After Schedule 13, insert the following new Schedule—<br> “Schedule<br> <span class="schedule-heading">DISTRIBUTOR LICENSING SCHEME: NORTHERN IRELAND</span><br> In the Tobacco Retailers Act (Northern Ireland) 2014 (c. 4 (N.I.)), after Schedule 2 (inserted by Schedule 12 of this Act), insert—<br> “Schedule 3<br> <span class="schedule-heading">DISTRIBUTOR LICENSING SCHEME</span><br> <i class="text-centre">Introduction</i><br> 1 This Schedule is about the provision that may be made by regulations under section 4D(4).<br> <i class="text-centre">Licensing authority</i><br> 2 The regulations must specify a council (a “licensing authoirty”) which is to grant licences.<br> <i class="text-centre">Grant of license</i><br> 3 <span class="sub-para subparagraph"><span class="sub-para-num">(1)</span><span class="sub-para-text">The regulation may—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">prohibit a licensing authority from granting a licence unless satisfied as to a matter specified in the regulations;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">require a licensing authority to have regard, in deciding whether to grant a licence, to a matter specified in the regulations.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">The provision that may be made under sub-paragraph (1)(a) includes—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">provision prohibiting a licensing authority from granting a premises distribution licence in respect of premises within an area of a description specified in the regulations;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">provision limiting the number of licensed premises within an area of a description specified in the regulations.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">The regulations may make provision requiring a licensing authority not to grant a premises distribution licence unless the premises have been inspected in accordance with the regulations.</span></span><br> <i class="text-centre">Licence fee</i><br> 4 <span class="sub-para subparagraph"><span class="sub-para-num">(1)</span><span class="sub-para-text">The regulations may authorise a licensing authority to charge a fee in respect of an application for the grant of a licence (which may be set at a level that takes into account the cost of exercising functions under or in connection with sections 4D to 4F or the regulations).</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">Any such fee must not exceed an amount specified in, or determined in accordance with, the regulations.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">The regulations may require a licensing authority to pay a proportion of any amount received by virtue of sub-paragraph (1) to any other person with functions under or in connection with sections 4D to 4F or the regulations.</span></span><br> <i class="text-centre">Licence conditions</i><br> 5 <span class="sub-para subparagraph"><span class="sub-para-num">(1)</span><span class="sub-para-text">The regulations may make provision for the grant of a licence subject to conditions.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">Provision of the kind mentioned in sub-paragraph (1) may—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">enable a licensing authority to attach conditions to a licence;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">require a licensing authority to attach to a licence a condition specified in the regulations.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">The provision that may be made under sub-paragraph (1) includes provision prohibiting or restricting the commercial distribution of relevant products within an area of a description specified in the regulations.</span></span><br> <i class="text-centre">Duration etc of licence</i><br> 6 <span class="sub-para subparagraph"><span class="sub-para-num">(1)</span><span class="sub-para-text">The regulations may make provision about the duration, renewal, variation, suspension or revocation of licenses.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">The provision that may be made under sub-paragraph (1) includes provision conferring power on a court by which a person is convicted of an offence under section 4E to vary, suspend or revoke a licence.</span></span><br> <i class="text-centre">Publication of license information</i><br> 7 The regulations may make provision for the publication by a licensing authority of information relating to licences granted by licensing authority.<br> <i class="text-centre">Reviews and appeals</i><br> 8 <span class="sub-para subparagraph"><span class="sub-para-num">(1)</span><span class="sub-para-text">The regulations must specify the circumstances in which a person may request a review of a decision taken under the regulations.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">The regulations must confer a right of appeal to the magistrates’ court against a decision taken on a review.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">The regulations may contain provision about time limits for requesting reviews or initiating appeals.</span></span><br> <i class="text-centre">Guidance</i><br> 9 The regulations may require a licensing authority, in carrying out functions under the regulations, to have regard to guidance published by the Secretary of State.<br> <i class="text-centre">Sub-delegation</i><br> 10 The regulations may confer discretions.<br> <i class="text-centre">Interpretation</i><br> 11 In this Schedule—<br> “commercial distribution licence” has the meaning given by section 4D;<br> “grant” includes vary or renew;<br> “licence” means a commercial distribution licence or a premises distribution licence;<br> “licensing authority” has the meaning given by paragraph 2<br> “premises distribution licence” has the meaning given by section 4D;<br> “relevant products” has the meaning given by section 4D.””

None

Clause 109, page 60, line 12, leave out subsection (1) and insert- “(1) Before making regulations under this Part the Secretary of State must consult- (a) the manufacturers of a relevant product or representatives of the manufacturers of a relevant product, (b) consumers of a relevant product or representatives of consumers of a relevant product, and (c) any other persons that the Secretary of State considers appropriate to consult. (2) Consultation under this section must include a call for evidence. (3) The Secretary of State must have due regard to all views received as part of any consultation under this section. (4) In this section a “relevant product” means (a) tobacco products, (b) tobacco related devices, (c) herbal smoking products, (d) cigarette papers, (e) vaping products, or (f) nicotine products.

None

Clause 109, page 60, line 12, leave out subsection (1) and insert— “(1) Before making regulations under this Part the Secretary of State must consult— (a) the manufacturers of a relevant product or representatives of the manufacturers of a relevant product, (b) consumers of a relevant product or representatives of consumers of a relevant product, and (c) any other persons that the Secretary of State considers appropriate to consult. (2) Consultation under this section must include a call for evidence. (3) The Secretary of State must have due regard to all views received as part of any consultation under this section. (4) In this section a “relevant product” means— (a) tobacco products, (b) tobacco related devices, (c) herbal smoking products, (d) cigarette papers, (e) vaping products, or (f) nicotine products.”

112

Clause 90, page 50, line 29, after “tobacco products” insert “with the exception of cigars as defined in the Tobacco Products (Description of Products) Order 2003”

<p>This amendment would exempt cigars from the product and information requirements of Part 5 of the Bill, in particular relating to retail packaging.</p>

113

Clause 91, page 51, line 20, after “tobacco products” insert “with the exception of cigars as defined in the Tobacco Products (Description of Products) Order 2003”

<p>This amendment would exempt cigars from the product and information requirements of Part 5 of the Bill, in particular relating to the features of products.</p>

NC22

To move the following Clause—<br> <b>“Prohibition on sale of nicotine products to persons born after 1 January 2009</b><br> (1) It is an offence to sell or supply any nicotine product to any person born on or after 1 January 2009.<br> (2) For the purposes of this section, “nicotine product” means—<br> (a) a device which is intended to enable nicotine to be delivered into the human body,<br> (b) an item which is intended to form part of a device within paragraph (a),<br> (c) nicotine, or any substance containing nicotine, which is intended to be delivered into the human body, or<br> (d) an item containing anything within paragraph (c).<br> (3) The Secretary of State may make regulations to—<br> (a) amend the definition of “nicotine product”,<br> (b) provide for exceptions to the prohibition in subsection (1) where necessary for medical or scientific purposes,<br> (c) establish a system for monitoring and reporting on the effectiveness of this section, and<br> (d) impose additional penalties for repeated offences.<br> (4) It is a defence for a person charged with an offence under this section to prove—<br> (a) that they were shown what appeared to be an identity document be longing to the purchaser and that the date of birth shown on that document was before 1 January 2009, or<br> (b) that they otherwise took all reasonable steps to avoid the commission 15 of the offence.<br> (5) In subsection (2) “identity document” means—<br> (a) a passport,<br> (b) a UK driving licence,<br> (c) a driving licence issued by any of the Channel Islands or the Isle of Man,<br> (d) a European Union photocard driving licence, or<br> (e) an identity card issued by the Proof of Age Standards Scheme and bearing its hologram (a PASS card).<br> (6) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.”

<p>This new clause would make it an offence to sell or supply nicotine products to anyone born on or after 1 January 2009.</p>

NC21

To move the following Clause—<br> <b>“Prohibition on manufacture and retail of high-capacity count vaping devices</b><br> (1) The Secretary of State must produce regulations relating to the design, manufacture and sale of vaping devices and products that ensure—<br> (a) Vaping devices must not be designed or manufactured in a way that allows refill containers, modular attachments, or third-party modifications that increase e-liquid capacity beyond the limit of 2ml per tank or pod, which includes, but is not limited to detachable extensions, multi-pod configurations, and external refill reservoirs.<br> (b) Any vaping device must contain a fixed, non-modifiable single-use tank or pod with a maximum capacity of 2ml.<br> (c) Refill e-liquid containers must be limited to a maximum of 10ml per bottle and must not be sold in forms that enable direct integration with a vaping device as an extended tank or automated refill mechanism.<br> (d) No manufacturer or retailer shall promote, sell, or advertise modification kits, refill systems, or accessory attachments designed to contravene the Tobacco and Related Products Regulations 2016 restrictions on vaping device capacity.<br> (2) A person commits an offence if they—<br> (a) Manufacture, import, distribute, or sell a vaping device or accessory that does not comply with the regulatory requirements set out in subsection (1).<br> (b) Advertise, market, or sell components that facilitate increasing a device’s effective e-liquid capacity beyond the legal limit.<br> (3) A person who is guilty of an offence under subsection (2)(a) shall be liable on summary conviction to a fine of £20,000 per violation or a ban on further sales within the UK market.<br> (4) A person who is guilty of an offence under subsection (2)(b) shall be liable on summary conviction to a fine of £10,000 per violation and may be subject to further regulatory action, including product recall or withdrawal from sale.”

<p>This new clause would seek the introduction of regulations and new offences to prohibit the manufacture, design and retail sale of high-capacity count vaping devices.</p>

Gov 48

Clause 1, page 1, line 16, at end insert- "(2A) Before making regulations under subsection (2)(a) the Secretary of State must obtain the consent of the Welsh Ministers if the regulations contain provision which would be within the legislative competence of Senedd Cymru if contained in an Act of the Senedd.

NC16

To move the following Clause—<br> <b>“Online sale of tobacco products</b><br> (1) It is an offence to supply a tobacco product through an internet service, whether by way of sale or not.<br> (2) It is a defence for a person charged with an offence under this section to prove that they took all reasonable steps to avoid the commission of the offence.<br> (3) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.<br> (4) For the purposes of this section—<br> “internet service” means a service that is made available by means of the internet, even if it’s made available using a combination of the internet and an electronic communications service as defined in Section 32(2) of the Communications Act 2003.”

<p>This new clause creates an offence of selling tobacco products online.</p>

NC17

To move the following Clause—<br> <b>“Tobacco products statutory scheme: consultation</b><br> (1) The Secretary of State must consult and report on the desirability of making a scheme with one or more of the following purposes—<br> (a) regulating, for the purposes of improving public health, the prices which may be charged by any producer or importer of tobacco products for the supply of any tobacco products,<br> (b) limiting the profits which may accrue to any producer or importer in connection with the manufacture or supply of tobacco products,<br> (c) providing for any producer or importer of tobacco products to pay to the Secretary of State an amount calculated by reference to sales or estimated sales of those products (whether on the basis of net prices, average selling prices or otherwise) to be used for the purposes of reducing smoking prevalence and improving public health.<br> (2) In this section—<br> “importer” in relation to tobacco products, and “tobacco products” have the meaning as in Part 5 (see section 112),<br> “producer” in relation to tobacco products, is to be construed in accordance with the meaning of “production” in Part 5 (see section 112).”

<p>This new clause would require the Secretary of State for Health and Social Care to consult on proposals for regulating the prices and profits of, and to raise funds from, tobacco manufacturers and importers.</p>

NC18

To move the following Clause—<br> <b>“Consultation on licensing regulations</b><br> (1) Within two months of the passing of this Act, the Secretary of State must publish draft regulations for the licensing of retail sale of tobacco products etc in England.<br> (2) Following the publication of the draft regulation as set out in subsection (1) the Secretary of State must publish a call for evidence seeking views on the efficacy and suitability of the draft regulations and invite the House of Commons Business and Trade Committee to scrutinise the draft regulations.<br> (3) After six months of the passing of this Act, the Secretary of State must lay before both Houses of Parliament a report setting out the Government’s formal response to evidence submitted in response to the call for evidence required by subsection (2) and any recommendations of the House of Commons Business and Trade Committee.<br> (4) The Secretary of State may not make an order under section 168(4) bringing sections 16 to 18 and Schedules 1 and 2 into force until the report specified in subsection (3) has been laid before both Houses of Parliament.”

<p>This new clause would require the Secretary of State to publish draft regulations for the licensing of retail sale of tobacco products etc in England and ensure they receive parliamentary scrutiny.</p>

NC19

To move the following Clause—<br> <b>“Reports on illegal sale of tobacco and vaping products</b><br> (1) The Secretary of State must—<br> (a) prepare an annual report on the scale of the illegal sale and availability of tobacco and vaping products in the United Kingdom; and<br> (b) lay a copy of each report before both Houses of Parliament.<br> (2) Each report must provide details in the United Kingdom of—<br> (a) the estimated amount and value of illegal, counterfeit and contraband cigarettes and other tobacco products available for sale;<br> (b) the estimated amount and value of illegal or non-compliant vapes available for sale;<br> (c) the action taken to tackle the illicit trade of tobacco, tobacco products, vaping devices and vaping products; and<br> (d) an assessment of the impact of the illicit trade of tobacco, vapes and nicotine products on public health and safety.<br> (3) The first report must be laid within the period of 12 months of the passing of this Act.<br> (4) Each subsequent report must be laid annually beginning with the day on which the previous report was laid.”

<p>This new clause would require that the Government produce annual reports on the rate of sale and availability of illegal tobacco and vaping products and their impact on public health and safety.</p>

NC20

To move the following Clause—<br> <b>“Age verification requirement for online sales of vaping devices and products</b><br> (1) A person commits an offence if the person—<br> (a) continues to operate an online vaping product business, and<br> (b) fails to operate an age verification policy in respect of online sales of vaping products and devices.<br> (2) An “age verification policy” is a policy that steps are to be taken to establish and ensure the age of a person attempting to buy a vaping product (the “customer”) is not under 18 years of age.<br> (3) The appropriate national authority may by regulations amend the age specified in subsection (2).<br> (4) The appropriate national authority may publish guidance on matters relating to age verification policies, including, in particular, guidance about—<br> (a) steps that should be taken to establish a customer’s age,<br> (b) documents that may be used as evidence of a customer’s age,<br> (c) training that should be undertaken by the person selling vaping products,<br> (d) the form and content of notices that should be displayed on websites; and<br> (e) the form and content of records that should be maintained in relation to an age verification policy.<br> (5) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.<br> (6) Regulations under subsection (3) are subject to the affirmative resolution procedure.<br> (7) In this section—<br> “the appropriate national authority” means—<br> (a) in relation to England, the Secretary of State, and<br> (b) in relation to Wales, the Welsh Ministers,<br> “online vaping product business” means a business involving the sale of vaping products by retail online.”

<p>This new clause introduces a requirement on online vaping product businesses to operate an age verification policy covering steps to be taken to establish the age of persons attempting to buy vaping products online. It reflects provisions in place in Scotland.</p>

103

Page 1, line 4, leave out Clause 1

<p>This amendment removes the generational ban on selling tobacco products to people born on or after 1 January 2009.</p>

104

Page 2, line 10, leave out Clause 2

<p>This amendment is linked to Amendment 103.</p>

105

Page 3, line 3, leave out Clause 5

<p>This amendment is linked to Amendment 103.</p>

106

Page 3, line 25, leave out Clause 6

<p>This amendment is linked to Amendment 103.</p>

107

Page 25, line 26, leave out Clause 50

<p>This amendment is linked to Amendment 103.</p>

108

Page 35, line 24, leave out Clause 68

<p>This amendment is linked to Amendment 103.</p>

109

Page 36, line 13, leave out Clause 69

<p>This amendment is linked to Amendment 103.</p>

110

Page 37, line 19, leave out Clause 72

<p>This amendment is linked to Amendment 103.</p>

90

Clause 114, page 63, line 16, after “product,” insert “except for the public health purpose of promoting vaping as a cessation tool for existing tobacco smokers,”

<p>This amendment would allow vapes to be promoted as a quit-aid/public health measure.</p>

91

Clause 125, page 73, line 2, at end insert—<br> “(4) No offence is committed under this Part if—<br> (a) it is for the purposes of an interaction between a representative for the product and a member of the public, and<br> (b) the representative for the product has taken reasonable measures to ensure that the member of the public is aged over 18 and is an existing tobacco or nicotine user.”

<p>This amendment will allow for vapes and nicotine products to be promoted through one-to-one interaction between individuals representing the product and adults who are already existing smokers or nicotine users.</p>

92

Clause 136, page 77, line 12, at end insert—<br> “(1A) The Secretary of State may designate a place or description of place under this section only if, in the Secretary of State’s opinion, there is a significant risk that, without a designation, persons present there would be exposed to significant quantities of smoke.”

<p>This amendment provides that regulations to designate places as smoke-free may only be made if the Secretary of State is satisfied that they are necessary to avoid persons being exposed to significant quantities of smoke.</p>

93

Clause 139, page 79, line 13, at end insert—<br> “(1A) The Secretary of State may designate a place or description of place under this section only if, in the Secretary of State’s opinion, there is a significant risk that, without a designation, the use of vapes may have adverse effects on the health of persons present there who are not using vapes.”

<p>This amendment provides that regulations to designate places as vape-free may only be made if the Secretary of State is satisfied that they are necessary to avoid persons present there being exposed to adverse health effects.</p>

94

Clause 140, page 82, line 24, at end insert—<br> “(1A) The Secretary of State may designate a place or description of place under this section only if, in the Secretary of State’s opinion, there is a significant risk that, without a designation, the use of heated tobacco devices may have adverse effects on the health of persons present there who are not using heated tobacco devices.”

<p>This amendment provides that regulations to designate places as heated tobacco-free may only be made if the Secretary of State is satisfied that they are necessary to avoid persons present there being exposed to adverse health effects.</p>

95

Clause 142, page 85, line 33, at end insert—<br> “(2A) Premises may be prescribed as no-smoking premises only if in the Scottish Ministers’ opinion there is a significant risk that, without prescribing them, persons present there would be exposed to significant quantities of smoke.”

<p>This amendment provides that regulations to prescribe premises as smoke-free may only be made if the Scottish Ministers are satisfied that they are necessary to avoid persons being exposed to significant quantities of smoke.</p>

96

Clause 144, page 90, line 4, at end insert—<br> “(2A) Premises may be prescribed as vape-free premises only if in the Scottish Ministers’ opinion there is a significant risk that, without prescribing them, the use of vapes may have adverse effects on the health of persons present there who are not using vapes.”

<p>This amendment provides that regulations to prescribe premises as vape-free may only be made if the Scottish Ministers are satisfied that they are necessary to avoid persons present there being exposed to a significant risk of adverse health effects.</p>

97

Clause 145, page 92, line 22, at end insert—<br> “(2A) Premises may be prescribed as heated tobacco-free premises only if in the Scottish Ministers’ opinion there is a significant risk that, without prescribing them, the use of heated tobacco devices may have adverse effects on the health of persons present there who are not using heated tobacco devices.”

<p>This amendment provides that regulations to prescribe premises as heated tobacco-free may only be made if the Scottish Ministers are satisfied that they are necessary to avoid persons present there being exposed to a significant risk of adverse health effects.</p>

98

Clause 150, page 98, line 40, at end insert—<br> “(2A) The regulations may designate a place or vehicle as vape-free only if the Welsh Ministers are satisfied that doing so is likely to contribute towards the promotion of public health.”

<p>This amendment provides that regulations to designate a place or vehicle as vape-free may only be made if the Welsh Ministers are satisfied that this is likely to contribute towards the promotion of public health.</p>

99

Clause 151, page 105, line 22, at end insert—<br> “(2A) The regulations may designate a place or vehicle as heated tobacco-free only if the Welsh Ministers are satisfied that doing so is likely to contribute towards the promotion of public health.”

<p>This amendment provides that regulations to designate a place or vehicle as heated tobacco-free may only be made if the Welsh Ministers are satisfied that this is likely to contribute towards the promotion of the health of the people of Wales.</p>

100

Clause 153, page 108, line 25, at end insert—<br> “(1A) The Department may designate a place or description of place under this Article only if satisfied that, without the designation, persons present there would be likely to be exposed to significant quantities of smoke.”

<p>This amendment provides that regulations to designate places as smoke-free may only be made if the Northern Ireland Department is satisfied that they are necessary to avoid persons being exposed to significant quantities of smoke.</p>

101

Clause 155, page 110, line 6, at end insert—<br> “(1A) The Department may designate a place or vehicle under this Article only if the Department is satisfied there is a significant risk that, without a designation, the use of vapes may have adverse effects on the health of persons present there who are not using vapes.”

<p>This amendment provides that regulations to designate places as vape-free may only be made if the Northern Ireland Department is satisfied that they are necessary to avoid persons present there being exposed to adverse health effects.</p>

102

Clause 156, page 113, line 15, at end insert—<br> “(1A) The Department may designate a place or vehicle under this Article only if the Department is satisfied there is a significant risk that, without a designation, the use of heated tobacco devices may have adverse effects on the health of persons present there who are not using heated tobacco devices.”

<p>This amendment provides that regulations to designate places as heated tobacco-free may only be made if the Northern Ireland Department is satisfied that they are necessary to avoid persons present there being exposed to adverse health effects.</p>

89

Clause 168, page 120, line 39, leave out from “force” to end of line 41 and insert “on such a date as the Secretary of State may by regulation appoint following the consultation on licensing regulations (see section (<i>Consultation on licensing regulations</i>)).”

<p>See explanatory statement for NC18.</p>

111

Schedule 5, page 133, line 15, leave out paragraph 5

<p>This amendment is linked to Amendment 103.</p>

NC14

To move the following Clause—<br> <b>“Prohibition on supply of cigarette filters</b><br> (1) The Secretary of State must make regulations having the effect of prohibiting the supply of cigarette filters or cigarettes containing cigarette filters, whether by way of sale or not, in the course of a business.<br> (2) Subsections (6), (8), (9), (10), (10A), (10B), (10C) and (10D) of section 140 of the Environmental Protection Act 1990 apply to regulations under this section as they apply to regulations under those sections.<br> (3) The notice required under section 140(6)(b) of the Environmental Protection Act 1990 as applied by subsection (2) in relation to the regulations mentioned in subsection (1) must be published no later than the end of the period of 12 months beginning with the day on which this Act is passed.<br> (4) In this section, “cigarette filter” means a filter which is intended for use in a cigarette, whether as part of a ready-made cigarette or to be used with hand rolling tobacco or other substances to be smoked in a cigarette.<br> (5) Regulations under this section are subject to the affirmative resolution procedure.”

<p>This new clause requires the Secretary of State to make regulations which would prohibit the supply of cigarette filters or cigarettes containing cigarette filters.</p>

NC15

To move the following Clause—<br> <b>“Advertising exemptions for specialist vaping retailers</b><br> (1) A person does not commit an offence under any of the sections 114 to 118 in relation to an advertisement whose purpose or effect is to promote a vaping product if the advertisement—<br> (a) Is in a specialist vaping shop<br> (b) Is not visible from outside the specialist vaping shop<br> (c) Complies with the requirements (if any) specified by the appropriate national authority in regulations as to the inclusion of health warnings and information.<br> (2) Regulations under subsection (1) are subject to the negative resolution procedure.<br> (3) In this section—<br> “appropriate national authority” —<br> (a) In relation to specialist vaping shops in England, means the Secretary of State,<br> (b) In relation to specialist vaping shops in Wales, means Welsh Ministers,<br> (c) In relation to specialist vaping shops in Scotland, means Scottish Ministers, and<br> (d) In relation to specialist vaping shops in Northern Ireland, means the Department of Health for Northern Ireland;<br> “shop” includes a self-contained part of a shop (and, in relation to a self-contained part of a shop,<br> “premises” means that self-contained part);<br> “specialist vaping shop” means a shop selling vaping products by retail (whether or not it sells other things) more than 90% of whose sales on the premises in quest derive from the sale of vaping products and vaping accessories.<br> (4) For the purposes of determining whether a shop is a specialist vaping shop the sales are to be measured by the sale price—<br> (a) During the most recent period of 12 months for which accounts are available, or<br> (b) During the period for which the shop has been established, if it has not been established long enough for 12 months’ accounts to be available.”

<p>This new clause would enable specialist vaping retailers to operate and provide free advice and consultations to smokers who are trying to find the right product for them to quit.</p>

86

Clause 90, page 50, line 32, at end insert—<br> “(da) cigarette filters;”

<p>This amendment enables the Secretary of State to make provisions about the retail packaging of cigarette filters and the composition of individual products contained in an individual pack of products outlined in Clause 90(1).</p>

87

Clause 90, page 51, line 13, at end insert—<br> “(ja) the composition of individual products contained in an individual pack;”

<p>This amendment enables the Secretary of State to make provisions about the retail packaging of cigarette filters and the composition of individual products contained in an individual pack of products outlined in Clause 90(1).</p>

88

Clause 110, page 60, line 35, leave out from “consult” to end of line 36 and insert “any persons or bodies as appear to him or her representative of the interests concerned.”

<p>This amendment would ensure that the Secretary of State has to consult all relevant parties before making regulations, rather than just those that they deem appropriate.</p>

85

Clause 136, page 77, line 8, leave out from “smoke-free” to end of line 15 and insert “a place in England that is—<br> (a) an NHS property or hospital building,<br> (b) a children’s playground, or<br> (c) a nursery, school, college or higher education premises.”

<p>This amendment restricts the Secretary of State to only being able to designate open or unenclosed spaces outside a hospital, children’s playground, nursery, school, college or higher education premises as smoke-free areas.</p>

84

Clause 136, page 77, line 9, leave out from “place” to the end of line 12 and insert “or description of place in England that is not smoke-free under section 2.<br> (1A) The place, or places falling within the description, need not be enclosed or substantially enclosed.<br> (1B) The Secretary of State may designate a place or description of place under this section only if they are advised by the Department for Health and Social Care's Chief Scientific Adviser that there is a significant risk that, without a designation, persons present there would be exposed to significant quantities of smoke or, if said place is—<br> (a) an NHS property or hospital building,<br> (b) a children’s playground, or<br> (c) a nursery, school, college or higher education premises.”

<p>This amendment would restrict the Secretary of State to only being able to designate open or unenclosed spaces outside a hospital, children’s playground, nursery, school, college or higher education premises, or places with significant risk of second-hand smoke as smoke-free areas.</p>

NC11

To move the following Clause—<br> <b>“Age verification in relation to tobacco and vaping products etc</b><br> (1) The Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) is amended as follows.<br> (2) In section 4 (age restrictions on sale of tobacco products etc)—<br> (a) in subsection (2), for paragraph (b) substitute—<br> “(b) the accused had taken such steps as may be prescribed to establish the customer’s age.”;<br> (b) omit subsections (3) and (4).<br> (3) In section 4A (age restrictions on sale of vaping products etc)—<br> (a) in subsection (2), for paragraph (b) substitute—<br> “(b) the accused had taken such steps as may be prescribed to establish the customer’s age.”;<br> (b) omit subsections (3) and (4).<br> (4) In section 4B (age verification policy), in subsection (5) omit paragraph (b).”

<p>Someone accused of selling things contrary to the age of sale restrictions in Scotland has a defence if they checked the customer’s age on certain documents. The clause allows other steps to be specified to establish a person’s age. The purpose is to accommodate digital methods of verification.</p>

NC12

To move the following Clause—<br> <b>“Review of provisions</b><br> (1) The Secretary of State must, in consultation with the appropriate ministers in Wales, Scotland and Northern Ireland—<br> (a) carry out a review of the provisions for relevant products in—<br> (i) sections 1 to 6 (sale of tobacco etc);<br> (ii) sections 50 to 55 (Part 2 Sale and Distribution: Scotland: sale of tobacco etc);<br> (iii) sections 68 to 72 (Part 2 Sale and Distribution Northern Ireland sale of tobacco etc);<br> (iv) sections 90 to 93 (Product requirements etc);<br> (v) section 94 (Non-compliant images);<br> (vi) sections 101 and 102 (Matters dealt with by 2016 Regulations);<br> (vii) Part 6 (Advertising and Sponsorship);<br> (b) prepare and publish a report setting out the conclusions of the review;<br> (c) lay the report before Parliament.<br> (2) The review in subsection (1) must—<br> (a) set out the objectives intended to be achieved by the provisions as set out under subsection (1)(a),<br> (b) assess the extent to which those objectives have been achieved, and<br> (c) make a recommendation on whether the provisions as set out under subsection (1)(a) remain appropriate and necessary.<br> (3) The first review under this section must be published and laid before Parliament before the end of the period of five years beginning with the day on which the Tobacco and Vapes Act 2025 is passed.<br> (4) If the review recommends under subsection (2)(c) that one or more of the provisions set out under subsection (1)(a) are no longer appropriate or necessary, the Secretary of State must make arrangements for the motion mentioned in subsection (5) to be tabled in both Houses of Parliament within a period of 28 sitting days beginning immediately after the review is laid before Parliament under subsection (3).<br> (5) The form of the motion in subsection (4) is—<br> “That the provisions of sections 1 to 6, 50 to 55, 68 to 72, 90 to 94, 101 and 102 and Part 6 (Advertising and Sponsorship) of the Tobacco and Vapes Act 2025 should expire.”<br> (6) If both Houses of Parliament approve the motion in the form set out in subsection (5) (or in such form as may be subsequently amended by the House to specify one or more of the provisions of sections 1 to 6, 50 to 55, 68 to 72, 90 to 94, 101 and 102 and Part 6), moved by the Secretary of State in accordance with subsection (4), the provisions specified in the motion shall expire at the end of the period of 21 days beginning with the day on which the second House approves the motion.<br> (7) Subsequent reports must be published at intervals not exceeding five years.<br> (8) In this subsection, “Relevant products” refers to—<br> (a) tobacco products;<br> (b) nicotine products.”

<p>This new clause requires a review of the necessity of provisions relating to the sale restrictions for tobacco products and nicotine products. Published every 5 years, the review could recommend that certain provisions are no longer required, and Parliament would have an opportunity to expire them.</p>

NC13

To move the following Clause—<br> <b>“Reports on roadmap to a smoke-free United Kingdom</b><br> (1) The Secretary of State must, on or before the relevant day and at least once every five years after that day, prepare and lay before Parliament a report setting out—<br> (a) how the Secretary of State expects the smoke-free target will be achieved;<br> (b) the steps proposed to achieve that target (which may include the setting of interim targets);<br> (c) an analysis of statistical data relating to the achievement of the smoke-free target.<br> (2) The reports must set out targets and proposed steps relating to geographical areas or categories of people in respect of which there are higher than average rates of smoking.<br> (3) The Secretary of State must consult the appropriate national authorities when preparing the reports.<br> (4) In this section—<br> (a) “appropriate national authority” means—<br> (i) Welsh Ministers,<br> (ii) Scottish Ministers, and<br> (iii) Executive Ministers in Northern Ireland.<br> (b) “relevant day” means the last day before 25 December 2026 which is a sitting day for both Houses of Parliament;<br> (c) “the smoke-free target” means the end of the smoking of tobacco products in the United Kingdom.”

<p>This new clause requires the Secretary of State to prepare and lay before Parliament five-yearly reports containing a roadmap to a smoke-free country including targets and specific interventions for populations with high prevalence rates.</p>

47

Clause 1, page 1, line 12, leave out paragraph (a) and insert—<br> “(a) that they took such steps as may be specified in regulations made by the Secretary of State to verify that the customer was born before 1 January 2009, or”

<p>This amendment allows regulations to specify steps that a seller may take to benefit from the defence in clause 1(2) of the Bill. The Bill currently focusses on paper documents. The purpose of the new power is to accommodate digital methods of verification as well as methods involving paper documents.</p>

48

Clause 1, page 1, line 16, at end insert—<br> “(2A) Before making regulations under subsection (2)(a) the Secretary of State must obtain the consent of the Welsh Ministers if the regulations contain provision which would be within the legislative competence of Senedd Cymru if contained in an Act of the Senedd.<br> (2B) Regulations under subsection (2)(a) are subject to the negative resolution procedure.”

<p>This is consequential to Amendment 47.</p>

49

Clause 1, page 1, line 17, leave out subsection (3)

<p>This is consequential to Amendment 47.</p>

50

Clause 3, page 2, line 29, leave out from “means” to end of line 30 and insert “a machine from which any of the following products may be bought or from which they are dispensed to a customer in connection with a sale—”

<p>This is one of a number of amendments extending prohibitions on vending machines to cover machines from which products are dispensed in connection with a sale (for example if payment for cigarettes is made at a self-service till and the customer gets a code which is input into a machine which dispenses the cigarettes).</p>

51

Clause 10, page 5, line 19, leave out paragraph (a) and insert—<br> “(a) that they took such steps as may be specified in regulations made by the Secretary of State to verify that the customer was at least 18 years old, or”

<p>This amendment allows regulations to specify steps that a seller may take to benefit from the defence in clause 10(2) of the Bill. The Bill currently focusses on paper documents. The purpose of the new power is to accommodate digital methods of verification as well as methods involving paper documents.</p>

52

Clause 10, page 5, line 23, at end insert—<br> “(2A) Before making regulations under subsection (2)(a) the Secretary of State must obtain the consent of the Welsh Ministers if the regulations contain provision which would be within the legislative competence of Senedd Cymru if contained in an Act of the Senedd.<br> (2B) Regulations under subsection (2)(a) are subject to the negative resolution procedure.”

<p>This is consequential to Amendment 51.</p>

53

Clause 10, page 5, line 24, leave out subsection (3)

<p>This is consequential to Amendment 51.</p>

54

Clause 12, page 6, line 13, leave out from “means” to end of line 14 and insert “a machine—<br> (a) from which nicotine products may be bought, or<br> (b) from which they are dispensed to a customer in connection with a sale.”

<p>See the explanatory statement to Amendment 50.</p>

55

Clause 12, page 6, line 15, leave out from “means” to end of line 16 and insert “a machine—<br> (a) from which vaping products may be bought, or<br> (b) from which they are dispensed to a customer in connection with a sale.”

<p>See the explanatory statement to Amendment 50.</p>

56

Clause 13, page 6, line 29, at end insert—<br> “(aa) tobacco related devices,”

<p>Clause 13 confers a regulation-making power to impose prohibitions, requirements or limitations in relation to the display of products and prices in England. The amendment extends the power to cover tobacco related devices (which would include things like heated tobacco devices and pipes and bongs that enable tobacco to be consumed).</p>

57

Clause 14, page 7, line 22, at end insert—<br> “(aa) tobacco related devices,”

<p>Clause 14 confers a regulation-making power to impose prohibitions, requirements or limitations in relation to the display of products and prices in Wales. The amendment extends the power to cover tobacco related devices (which would include things like heated tobacco devices and pipes and bongs that enable tobacco to be consumed).</p>

58

Clause 23, page 13, line 24, leave out paragraph (b)

<p>This removes the express provision that prohibitions imposed by a restricted premises order apply to sales by means of a machine or other means. The natural meaning of “sales” includes sales by any means. Express provision here might make readers mistakenly think it is intended to have a narrower meaning elsewhere.</p>

59

Clause 28, page 15, line 29, leave out paragraphs (c) and (d)

<p>This removes certain consequences of a restricted sale order in relation to vending machines. Vending machines for tobacco, vapes and nicotine products are in any event banned by clauses 3 and 12.</p>

60

Clause 45, page 23, line 4, leave out from second “to” to end of line 7 and insert “a tobacco related device.”

<p>This amendment changes the wording to reflect the new definition inserted by Amendment 62, but does not change the effect of clause 45.</p>

61

Page 23, line 16, leave out Clause 46

<p>This leaves out the power to amend lists of identity documents in clauses 1 and 10 since the lists are being removed (and replaced with enabling powers to accommodate digital methods of verification as well as methods involving paper documents).</p>

62

Clause 48, page 24, line 21, at end insert—<br> ““tobacco related device” means—<br> (a) a device, other than a vape, which enables a tobacco product to be consumed (for example, a heated tobacco device or pipe), or<br> (b) an item which is intended to form part of such a device;”

<p>This is consequential to Amendments 56 and 57.</p>

63

Clause 48, page 24, line 24, leave out from beginning to end of line 29

<p>This is consequential to Amendments 47 and 51.</p>

64

Clause 59, page 30, line 39, leave out from “means” to end of line 41 and insert “a machine from which any of the following products may be bought or from which they are dispensed to a customer in connection with a sale—”

<p>See the explanatory statement to Amendment 50.</p>

65

Clause 68, page 35, leave out lines 35 to 37 and insert—<br> “(a) that they took such steps as may be specified in regulations made by the Department to verify that the customer was born before 1 January 2009, or”

<p>This amendment allows regulations to specify steps that a seller may take to benefit from the defence in new Article 3(2). The provision currently focusses on paper documents. The purpose of the new power is to accommodate digital methods of verification as well as methods involving paper documents.</p>

66

Clause 68, page 36, line 2, at end insert—<br> “(2A) Regulations under paragraph (2)(a) are subject to negative resolution.”

<p>This is consequential to Amendment 65.</p>

67

Clause 68, page 36, leave out lines 3 to 10

<p>This is consequential to Amendment 65.</p>

68

Clause 70, page 37, line 3, leave out from “means” to end of line 4 and insert “a machine from which any of the following products may be bought or from which they are dispensed to a customer in connection with a sale—”

<p>See the explanatory statement to Amendment 50.</p>

69

Clause 76, page 39, leave out lines 32 to 34 and insert—<br> “(a) that they took such steps as may be specified in regulations made by the Department to verify that the customer was at least 18 years old, or”

<p>This amendment allows regulations to specify steps that a seller may take to benefit from the defence in new Article 4H(2). The provision currently focusses on paper documents. The purpose of the new power is to accommodate digital methods of verification as well as methods involving paper documents.</p>

70

Clause 76, page 39, line 36, at end insert—<br> “(2A) Regulations under paragraph (2)(a) are subject to negative resolution.”

<p>This is consequential to Amendment 69.</p>

71

Clause 76, page 39, line 37, leave out from beginning to end of line 7 on page 40

<p>This is consequential to Amendment 69.</p>

72

Clause 78, page 41, line 1, leave out from “means” to end of line 2 and insert “a machine—<br> (a) from which nicotine products may be bought, or<br> (b) from which they are dispensed to a customer in connection with a sale;”

<p>See the explanatory statement to Amendment 50.</p>

73

Clause 78, page 41, line 3, leave out from “means” to end of line 4 and insert “a machine—<br> (a) from which vaping products may be bought, or<br> (b) from which they are dispensed to a customer in connection with a sale.”

<p>See the explanatory statement to Amendment 50.</p>

74

Clause 79, page 41, line 21, at end insert—<br> “(aa) tobacco related devices,”

<p>Clause 79 confers a regulation-making power to impose prohibitions, requirements or limitations in relation to the display of products and prices in Northern Ireland. The amendment extends the power to cover tobacco related devices (which would include things like heated tobacco devices and pipes and bongs that enable tobacco to be consumed).</p>

75

Page 43, line 24, leave out Clause 82

<p>This leaves out the power to amend lists of identity documents in Articles 3 and 4H since the lists are being removed (and replaced with enabling powers to accommodate digital methods of verification as well as methods involving paper documents).</p>

76

Clause 83, page 44, line 26, at end insert—<br> ““tobacco related device” means—<br> (a) a device, other than a vape, which enables a tobacco product to be consumed (for example, a heated tobacco device or pipe), or<br> (b) an item which is intended to form part of such a device;”

<p>This is consequential to Amendment 74.</p>

77

Clause 83, page 44, line 29, leave out from beginning to end of line 33

<p>This is consequential to Amendments 65 and 69.</p>

78

Clause 86, page 48, line 19, leave out from “to” to end of line 23 and insert “a tobacco related device”

<p>This amendment changes the wording to reflect the new definition inserted by Amendment 76, but does not change the effect of clause 86.</p>

79

Clause 88, page 49, line 19, leave out subsection (2)

<p>This is consequential to Amendment 75.</p>

80

Clause 112, page 62, line 12, after “consumed” insert “(for example, a heated tobacco device or pipe)”

<p>This amendment brings the wording of the definition of “tobacco related device” in clause 112 into line with that inserted by Amendments 62 and 76 but does not change the legal effect.</p>

82

Clause 137, page 78, leave out lines 5 to 12

<p>This amendment removes the proposed power for the Secretary of State to create defences for performances. This protects the health of actors in the workplace and prevents the promotion of smoking through artistic means.</p>

83

Clause 137, page 78, leave out lines 15 to 21

<p>This amendment removes the proposed power for the Secretary of State to create defences for performances. This protects the health of actors in the workplace and prevents the promotion of smoking through artistic means.</p>

81

Clause 168, page 121, line 10, leave out subsection (7) and insert—<br> “(7) The following provisions come into force (so far as not in force by virtue of subsection (2)) on such day as the Scottish Ministers may by regulations appoint—<br> (a) section (<i>Age verification in relation to tobacco and vaping products etc</i>) (age verification in relation to tobacco and vaping products etc);<br> (b) section 65 and Schedule 9 (extension of retailer register etc in Scotland).”

<p>This amendment produces the effect that NC11 will come into force on such day as the Scottish Ministers may by regulations appoint.</p>

46

Clause 120, page 68, line 22, at end insert—<br> “(ca) it is, when in relation to the advertising of vaping products or nicotine products, in a location in which it would be reasonable to expect that everyone present is aged 18 or over.”

<p>This amendment would allow for the advertising of vaping or nicotine products within locations where it is reasonable to expect that everyone present is over 18.</p>

NC9

To move the following Clause—<br> <b>“Marketing of products to existing smokers</b><br> (1) The Secretary of State, or a person authorised by the Secretary of State, may make provision about the nature and inclusion of health warnings or disclaimers relating to a relevant product to ensure that the product is marketed exclusively to existing smokers as an alternative to smoking.<br> (2) In this section, “relevant product” refers to—<br> (a) a vape, or<br> (b) a nicotine product.<br> (3) Compliance with this section is considered a defence to a charge in relation to an offence under Part 6.”

<p>This new clause will allow the Secretary of State to place an additional disclaimer or warning on products.</p>

NC10

To move the following Clause—<br> <b>“Displays of products or prices in England</b><br> (1) The Secretary of State may by regulations impose limitations or requirements on retailers in relation to the display, in the course of business, of—<br> (a) relevant products in a place in England where the products are offered for sale,<br> (b) empty retail packaging of relevant products in a place in England where the products are offered for sale,<br> (c) prices of relevant products in a place in England where the products are offered for sale, or<br> (d) advertisements for relevant products.<br> (2) In subsection (1), reference to a product includes anything that represents the product.<br> (3) Regulations under this section—<br> (a) must make provision—<br> (i) for ensuring that an adult is able to be informed that a premises sells a related product,<br> (ii) for ensuring that a consenting adult is able to view the related products and information relating to them,<br> (iii) relating to the appropriateness of a display to ensure that it does not appeal to children, and<br> (iv) relating to the location of a display in a place in England where the products are offered for sale;<br> (b) may create offences for a failure to comply with the regulations;<br> (c) must provide for any offence to be punishable–<br> (i) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;<br> (ii) on conviction or indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both;<br> (d) are subject to public consultation;<br> (e) are subject to the affirmative resolution procedure.<br> (4) Compliance with regulations made under subsection (3) is considered a defence to a charge in relation to an offence under Part 6.<br> (5) For the purposes of this section—<br> “consenting adult” means an adult who has entered any licensed premises that sells nicotine, vapes, and tobacco products;<br> “relevant products” mean—<br> (a) tobacco products,<br> (b) vaping products, or<br> (c) nicotine products.”

<p>This new clause will allow for the Secretary of State to restrict how vapes and nicotine products are advertised in store windows and in store, while ensuring that adult smokers are still able to determine that a premises sells a product.</p>

38

Clause 1, page 1, line 7, leave out “a tobacco product” and insert “cigarettes or hand rolling tobacco within the meaning of the Standardised Packaging of Tobacco Products Regulations 2015 (S.I. 2015/829)”

<p>This amendment exempts tobacco products other than cigarettes and hand rolling tobacco from the offence of selling tobacco products to a person born on or after 1 January 2009.</p>

39

Clause 2, page 2, line 13, leave out “a tobacco product” and insert “cigarettes or hand rolling tobacco within the meaning of the Standardised Packaging of Tobacco Products Regulations 2015 (S.I. 2015/829)”

<p>This amendment is linked to Amendment 38.</p>

40

Clause 50, page 25, line 30, after “subsection (1)” insert—<br> “(i) for “a tobacco product” substitute “cigarettes or hand rolling tobacco within the meaning of the Standardised Packaging of Tobacco Products Regulations 2015 (S.I. 2015/829)”, and

<p>This amendment exempts tobacco products other than cigarettes and hand rolling tobacco from the offence of selling tobacco products to a person born on or after 1 January 2009.</p>

41

Clause 50, page 26, line 6, leave out “a tobacco product” and insert “cigarettes or hand rolling tobacco within the meaning of the Standardised Packaging of Tobacco Products Regulations 2015 (S.I. 2015/829)”

<p>This amendment is linked to Amendment 40.</p>

42

Clause 50, page 26, line 28, after “subsection (1)” insert—<br> “(i) for “a tobacco product” substitute “cigarettes or hand rolling tobacco within the meaning of the Standardised Packaging of Tobacco Products Regulations 2015 (S.I. 2015/829)”, and

<p>This amendment is linked to Amendment 40.</p>

43

Clause 68, page 35, line 30, leave out “a tobacco product” and insert “cigarettes or hand rolling tobacco within the meaning of the Standardised Packaging of Tobacco Products Regulations 2015 (S.I. 2015/829)”

<p>This amendment exempts tobacco products other than cigarettes and hand rolling tobacco from the offence of selling tobacco products to a person born on or after 1 January 2009.</p>

44

Clause 69, page 36, line 21, leave out “a tobacco product” and insert “cigarettes or hand rolling tobacco within the meaning of the Standardised Packaging of Tobacco Products Regulations 2015 (S.I. 2015/829)”

<p>This amendment is linked to Amendment 43.</p>

45

Schedule 5, page 133, line 37, at end insert—<br> “(1A) In this section, “tobacco products” means cigarettes or hand rolling tobacco within the meaning of the Standardised Packaging of Tobacco Products Regulations 2015 (S.I. 2015/829).”

<p>This amendment is linked to Amendment 38.</p>

NC8

To move the following Clause—<br> <b>“Prohibition of advertising of vaping, nicotine and heated tobacco products</b><br> (1) The Secretary of State must within six months of this Act being passed make provisions by regulations for the prohibition of advertising of—<br> (a) a vaping product; or<br> (b) a nicotine product; or<br> (c) a heated tobacco product.<br> (2) Before making regulations under this section the Secretary of State must consult any persons the Secretary of State considers it appropriate to consult.<br> (3) Regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”

<p>This new clause commits the government to consult on proposals for prohibiting the advertising of vaping, nicotine or heated tobacco products.</p>

NC6

To move the following Clause—<br> <b>“Requirement for retailers of vapes in England to include age-verification technology</b><br> (1) The Secretary of State may make regulations making it an offence for a tobacco retailer who sells vapes on premises in England to sell vapes that do not contain approved age-gating technology.<br> (2) The Secretary of State may by regulations specify the requirements with which any age-gating technology must comply, which must include (but need not be limited to)—<br> (a) the information, including biometric information, that a user must provide to the age-gating technology in order to be able to use the vape;<br> (b) the steps that the age-gating technology must require the user to take in order to verify their identity and that they are aged 18 or over before first activating the vape for use;<br> (c) the steps which the age-gating technology must require the user to take in order to verify their identity following activation of the vape, and the frequency with, and circumstances in, which the age-gating technology must require these steps to be taken;<br> (d) the requirements with which the age-gating technology must comply in order to ensure the security of the information, including personal data, provided to it by users;<br> (e) the technical specifications which the age-gating technology must meet in order to ensure that it is compatible with vapes made by different manufacturers.<br> (3) The Secretary of State may by regulations under this section make further provision about requirements with which tobacco retailers must comply.<br> (4) In this section, “age-gating technology” means technology designed to prevent the use of vaping products by persons aged under 18.<br> (5) Before making regulations under this section the Secretary of State must consult any persons the Secretary of State considers it appropriate to consult.<br> (6) Regulations under this section are subject to the affirmative resolution procedure.”

<p>This new clause would introduce a requirement for retailers of vapes in England to include age-verification technology.</p>

NC7

To move the following Clause—<br> <b>“Requirement for retailers of vapes in Wales to include age-verification technology</b><br> (1) The Welsh Ministers may make regulations making it an offence for a tobacco retailer who sells vapes on premises in Wales to sell vapes that do not contain approved age-gating technology.<br> (2) The Welsh Ministers may by regulations specify the requirements, with which any age-gating technology must comply, which must include (but need not be limited to)—<br> (a) the information, including biometric information, that a user must provide to the age-gating technology in order to be able to use the vape;<br> (b) the steps that the age-gating technology must require the user to take in order to verify their identity and that they are aged 18 or over before first activating the vape for use;<br> (c) the steps which the age-gating technology must require the user to take in order to verify their identity following activation of the vape, and the frequency with, and circumstances in, which the age-gating technology must require these steps to be taken;<br> (d) the requirements with which the age-gating technology must comply in order to ensure the security of the information, including personal data, provided to it by users;<br> (e) the technical specifications which the age-gating technology must meet in order to ensure that it is compatible with vapes made by different manufacturers.<br> (3) The Welsh Ministers may by regulations under subsection (2) make further provision about requirements with which tobacco retailers must comply.<br> (4) In this section, “age-gating technology” means technology designed to prevent the use of vaping products by persons aged under 18.<br> (5) Before making regulations under this section the Welsh Ministers must consult any persons that the Welsh Ministers consider it appropriate to consult.<br> (6) Regulations under this section are subject to the affirmative resolution procedure.”

<p>This new clause would introduce a requirement for retailers of vapes in Wales to include age-verification technology.</p>

36

Clause 91, page 51, line 30, delete “shape” and insert “design, shape or interoperability”

<p>This amendment empowers ministers to regulate the design and interoperability of products in order to prohibit the sale of very high-puff count vaping devices.</p>

37

Clause 92, page 52, line 3, after “flavour” insert “descriptors”

<p>This amendment would give the Secretary of State powers to make provisions about the flavour descriptors of relevant products.</p>

NC5

To move the following Clause—<br> <b>“Report on sale of vaping products to facilitate child sexual exploitation</b><br> (1) Within six months of the passing of this Act, the Secretary of State must produce a report on—<br> (a) the potential prevalence of retailers with a personal or premises licence selling vaping products which facilitate child sexual exploitation; and<br> (b) whether licensing authorities have adequate powers to investigate retailers which may be connected to the sale of vaping products to facilitate child sexual exploitation.<br> (2) A copy of this report must be laid before both Houses of Parliament.<br> (3) In this section—<br> “vaping” has the same meaning as in Part 1 (see section 48),<br> “licensing authority” has the same meaning as in Part 1 (see section 16),<br> “personal licence” has the same meaning as in Part 1 (see section 16),<br> “premises licence” has the same meaning as in Part 1 (see section 16).”

NC4

To move the following Clause—<br> <b>“Ban on manufacture and sales of high-strength nicotine pouches</b><br> (1) It is an offence to manufacture a high-strength nicotine pouch.<br> (2) It is an offence to—<br> (a) sell or expose for sale a high-strength nicotine pouch, or<br> (b) offer or expose a high-strength nicotine pouch for sale.<br> (3) It is an offence for a person to have a high-strength nicotine pouch in their possession with intent to supply it to another in the course of business.<br> (4) In this section “high-strength nicotine pouch” means a nicotine pouch that—<br> (a) is intended for oral use,<br> (b) is not intended to be inhaled,<br> (c) does not contain tobacco, and<br> (d) contains more than 20 milligrams of nicotine per pouch.<br> (5) It is a defence for a person charged with an offence under subsection (2) to prove that they took all reasonable steps to avoid the commission of the offence.<br> (6) A person who commits an offence under this section is liable—<br> (a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;<br> (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.”

<p>This new clause provides for a ban on the manufacture and sale of high-strength nicotine pouches.</p>

NC2

To move the following Clause—<br> <b>“Ban on the supply of plastic cigarette filters</b><br> (1) The Secretary of State must make regulations under section 140 of the Environmental Protection Act 1990 having the effect of prohibiting the supply of relevant cigarette filters or cigarettes containing relevant cigarette filters, whether by way of sale or not, in the course of a business.<br> (2) The notice required under section 140(6)(b) of the Environmental Protection Act 1990 in relation to the regulations mentioned in subsection (1) must be published no later than the end of the period of 12 months beginning with the day on which this Act is passed.<br> (3) In this section,<br> “relevant cigarette filter” means a filter which contains plastic and which is intended for use in a cigarette, whether as part of a ready made cigarette or to be used with hand rolling tobacco or other substances to be smoked in a cigarette.”

<p>This new clause requires the Secretary of State to make regulations, within two years, which would prohibit the supply of cigarette filters which contain plastic or cigarettes containing cigarette filters which contain plastic. The regulations would be made under section 140 of the Environmental Protection Act 1990.</p>

NC3

To move the following Clause—<br> <b>“Amendment of the European Union (Withdrawal) Act 2018</b><br> (1) The European Union (Withdrawal) Act 2018 is amended as follows.<br> (2) In section 7A of the European Union (Withdrawal) Act 2018, after subsection (4), insert—<br> “(4A) This section does not apply in relation to Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC.””

<p>This new clause asserts the primacy of the regulations made in this Bill which affect Northern Ireland in relation to the EU tobacco directive 2014/40/EU.</p>

4

Clause 1, page 1, line 5, leave out “born on or after 1 January 2009” and insert “under the age of 21”

<p>This amendment makes it an offence to sell tobacco products, herbal smoking products and cigarette papers to a person under the age of 21, rather than to people born on or after 1 January 2009.</p>

5

Clause 1, page 1, line 13, leave out “shown that document was before 1 January 2009” and insert “showed that the purchaser was not under the age of 21”

<p>This amendment is linked to Amendment 4.</p>

6

Clause 2, page 2, line 11, leave out “18” and insert “21”

<p>This amendment makes it an offence to purchase tobacco products, herbal smoking products and cigarette papers on behalf of a person under the age of 25, rather than a person born on or after 1 January 2009.</p>

7

Clause 2, page 2, line 12, leave out “born on or after 1 January 2009” and insert “under the age of 21”

<p>This amendment is linked to Amendment 6.</p>

8

Clause 2, page 2, line 18, leave out “born on or after 1 January 2009” and insert “under the age of 21”

<p>This amendment is linked to Amendment 6.</p>

9

Clause 5, page 3, line 8, leave out “born on or after 1 January 2009” and insert “under the age of 21”

<p>This amendment is linked to Amendment 4.</p>

10

Clause 6, page 3, line 30, leave out “born on or after 1 January 2009” and insert “under the age of 21”

<p>This amendment is linked to Amendment 4.</p>

11

Clause 6, page 3, line 32, leave out “a anwyd ar neu ar ôl 1 Ionawr 2009” and insert “dan 21 oed”

<p>This amendment is linked to Amendment 4.</p>

1

Clause 38, page 20, line 19, leave out from “be” to the end of line and insert “be allocated by the relevant Local Authority to public health projects.”

<p>This amendment would direct funds from Fixed Penalty Notice fines to public health initiatives as determined by Local Authorities.</p>

2

Clause 38, page 20, line 20, leave out from "before" to the second "the" and insert "such sums are allocated by the relevant Local Authorities"

<p>This amendment is consequential upon Amendment 1.</p>

12