Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14)

After section 35 of the 2010 Act insert— (1) In this Part, a “nicotine vapour product” is— (a) a device which is intended to enable the inhalation of nicotine-containing vapour by an individual, (b) a device which is intended to enable the inhalation of other vapour by an individual but is intended to resemble and be operated in a similar way to a device within paragraph (a), (c) an item which is intended to form part of a device within paragraph (a) or (b), (d) a substance which is intended to be vaporised by a device within paragraph (a) or (b) (and any item containing such a substance). (2) But the following are not nicotine vapour products— (a) a tobacco product, (b) a smoking related product, (c) a medicinal product (within the meaning of the Human Medicines Regulations 2012 ( S.I. 2012/1916)), (d) a medical device (within the meaning of the Medical Devices Regulations 2002 (S.I. 2002/618)). ” . Commencement Information I1 S. 1 in force at 6.2.2017 by S.S.I. 2017/12 , reg. 2 , sch.

(1) After section 4 of the 2010 Act insert— (1) A person who sells a nicotine vapour product to a person under the age of 18 commits an offence. (2) It is a defence to a charge in proceedings against a person (“the accused”) under subsection (1) that— (a) the accused believed the person under the age of 18 (“ the customer ”) to be aged 18 or over, and (b) the accused had taken reasonable steps to establish the customer's age. (3) For the purposes of subsection (2)(b), the accused is to be treated as having taken reasonable steps to establish the customer's age if and only if— (a) the accused was shown any of the documents mentioned in subsection (4), and (b) that document would have convinced a reasonable person as to the customer's age. (4) The documents referred to in subsection (3)(a) are any document bearing to be— (a) a passport, (b) a European Union photocard driving licence, or (c) such other document, or a document of such description, as may be prescribed. (5) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale. ” . (2) The italic heading immediately preceding section 4 of the 2010 Act becomes “ Sale and purchase of tobacco and nicotine vapour products ” . Commencement Information I2 S. 2 in force at 6.2.2017 for specified purposes by S.S.I. 2017/12 , reg. 2 , sch. I3 S. 2 in force at 1.4.2017 in so far as not already in force by S.S.I. 2017/12 , reg. 2 , sch.