Jurisdiction: Northern Ireland
Commencement: 1st June  2025
Amends: New Legislation

 

Mini Summary

The sale and supply of single-use vapes* is prohibited in Northern Ireland from 1st June 2025, addressing the environmental impact caused by disposable vapes being discarded.

*Single-use vapes include any non-medical device used to vaporise substances, other than tobacco, which is not refillable or rechargeable, as detailed in regulation 3.

 

Duties

 

Offence
It is illegal for anyone to sell or supply single-use vapes in Northern Ireland from 1st June 2025.

 

Enforcement
Local authorities are given powers and responsibility for enforcing compliance. Those who sell or supply single-use vapes illegally may be fined or imprisoned.

 

Link to full government text

Following a UK wide consultation conducted by the Government in late 2023, all UK nations have committed to ban single-use vapes, as part of a wider plan to create a smoke free generation and tackle the problem of under 18s vaping.


Background

 

The Creating a smokefree generation and tackling youth vaping consultation, which ran in late 2023, was focused on 3 key areas:

  • Creating a smoke free generation.
  • Tackling youth vaping.
  •  Enforcement.

As the large majority of responses supported the proposed changes to the sale of tobacco products, including vaping products, the Government response outlined a plan to introduce legislation for a stronger regulation of nicotine and non-nicotine products.


A ban on disposable vapes

 

The UK Government, the Scottish Government and the Welsh Government expressed their intent to introduce legislation to implement a ban on the sale and supply of disposable vapes, while Northern Ireland officials stated they would consider introducing similar legislation.

The main factors leading to the proposed ban on disposable vapes include:

  • the rapid increase in the number of young people vaping;
  • fire risk posed by the incorrect disposal of such devices; and
  • the environmental impact of the millions of disposable vapes littered every year.


Scotland


The first nation to officially introduce a ban on the sale and supply of disposable vapes was Scotland, which introduced The Environmental Protection (Single-use Vapes) (Scotland) Regulations 2024. The Regulations prohibit the sale and supply of single-use vapes* starting from 1st April 2025.

  

*Single-use vapes include any non-medical device used to vaporise substances, other than tobacco, which is not refillable or rechargeable.


How about the rest of the UK?


Although Scotland was the first nation to introduce legislation to ban the sale and supply of disposable vapes, it seems the rest of the UK will follow suit, as draft regulations had already been prepared in all other jurisdictions.


England

The Environmental Protection (Single-use Vapes) (England) Regulations 2024 draft document is due to be considered by the Parliament on 13th November 2024. If approved, it will come into force on 1st June 2025.


Wales

The Environmental Protection (Single-use Vapes) (Wales) Regulations 2024, currently in draft, is planned to come into force on 1st June 2025, as confirmed by the Welsh Government.


Northern Ireland

The Environmental Protection (Single-use Vapes) Regulations (Northern Ireland) 2024 is intended to come into force on 1st April 2025, but the date is not yet confirmed.


Conclusion

 

Considering the above, it seems fair to assume that the sale and supply of disposable vapes will be banned in all UK jurisdictions by 1st June 2025. This move is expected to cause a significant drop in youth vaping and to reduce / eliminate the environmental impact of disposable vapes.

Jurisdiction: Scotland
Commencement: 1st April 2025
Amends: New Legislation

 

 

Mini Summary

 
The sale and supply of single-use vapes is banned in Scotland from 1st April 2025.
 
 

Summary

 
The sale and supply of single-use vapes* is prohibited in Scotland from 1st April 2025, addressing the environmental impact caused by disposable vapes being discarded.
 
*Single-use vapes include any non-medical device used to vaporise substances, other than tobacco, which is not refillable or rechargeable, as detailed in regulation 3.
 

Duties

 
Offence
It is illegal for anyone to sell or supply single-use vapes in Scotland from 1st April 2025.
 
Enforcement
Local authorities are given powers and responsibility for enforcing compliance. Those who sell or supply single-use vapes illegally may be fined or imprisoned.

Jurisdiction: Wales

Commencement: 1st March 2021
Mini Summary
The Smoke-free Premises and Vehicles (Wales) Regulations 2020 prohibit smoking in certain premises, places and vehicles. Premises must be smoke free if they are open to the public or used as place of work.
Summary
These Regulations prohibit smoking in certain premises, places and vehicles. Premises must be smoke-free if they are open to the public or used as place of work. They also make requirements around ‘no smoking’ signs.

They are made in relation to the Public Health (Wales) Act 2017 (‘2017 Act’) which also sets out provisions around smoking and apply in Wales. These Regulations revoke and replace The Smoke Free Premises etc (Wales) Regulations 2007 (‘2007 Regulations‘) and come into force on 1st March 2021.

Some new elements from the 2007 Regulations around smoking are brought into force which are needed to implement the provisions on smoke-free hospital grounds, school grounds, and public playgrounds in the 2017 Act. This is to contribute to the continuing decline in the uptake of smoking by children and young people.

The definition of ‘smoking’ is set out in section 4 of the 2017 Act, which is smoking tobacco or anything which contains tobacco, or smoking any other substance. Smoking includes being in possession of lit tobacco or of anything lit which contains tobacco, or being in possession of any other lit substance in a form in which it could be smoked.
Duties
The smoking ban established in 2007 banned smoking in almost all ‘enclosed and substantially enclosed’ public places, workplaces and work vehicles throughout Wales. These Regulations define ‘enclosed and substantially enclosed’.
Enclosed
Premises are enclosed if:

A vehicle, or part of a vehicle, is enclosed if:

Substantially enclosed
Premises are substantially enclosed if:

Therefore, any building open to the public or used as a workplace, must be smoke-free if more than 50% of the building is enclosed.

Note that many employers permit smoking on site provided that it is restricted to designated smoking shelters.  An appropriately designed smoking shelter is designed so that it is less than 50% is enclosed, therefore avoiding being defined as ‘substantially enclosed’ within the meaning of these Regulations.
Exemptions
Since the smoking ban was brought into force in 2007, exemptions have been in place for certain types of premises where smoking is allowed. The Regulations list types of premises that do not need to be smoke-free and some of these have been removed or updated from the 2007 Regulations:

Private accommodation
Private accommodation (i.e. dwellings / houses) is exempt from the requirement to be ‘smoke-free’ unless the dwelling is used as a place of work by somebody who doesn’t live there or members of the public might visit the dwelling for goods or services.

Holiday and temporary accommodation
Examples of this type of accommodation include static caravans, chalets, cottages, flats and apartments provided via short-term lets for holiday rental or temporary purposes. The 2007 Regulations allowed holiday and temporary accommodation to be exempt from the requirement to be smoke-free; however, from the 1st March 2022 this exemption is removed. This is because the smoking ban is embedded in Wales to the extent that the current exemption is not widely used. Removal of this exemption extends the workplace protection from the harm of second hand smoke to all workers in these premises.

Adult care homes and adult hospices
The 2007 Regulations provided an exemption for adult care homes and adult hospices that permitted the manager of the premises to designate a room for smoking for use by those over 18 years of age. This exemption has been retained in these Regulations but with the additional condition that the designated smoking room is only for use by residents of the adult care home or adult hospice.

Research and testing facilities
An exemption is in place for facilities undertaking research and testing relating to smoking. A designated room that does not have to be smoke-free can be designated as long as it is used for testing and research relating to:

Mental health units
The exemption that allows designation of a room in which patients and residents of mental health units may smoke is removed. The removal of this exemption applies 18 months from when these Regulations come into force, which is 1st September 2022.

Hotels, guesthouses, inns, hostels and members’ clubs
From 1st March 2022, the exemption that permits the designation of bedrooms where smoking is allowed in hotels, guesthouses, hostels, inns and members’ clubs is removed. This is because the smoking ban is embedded in Wales to the extent that the current exemption is not widely used. Removal of this exemption extends the workplace protection from the harm of second hand smoke to all workers in these premises.

Hospital grounds, school grounds and public playgrounds are required be smoke-free. Those involved in the control or management of these premises must take reasonable steps to stop anyone smoking. Smoking areas can be implemented at hospital grounds and grounds of a school that provides residential accommodation, and the conditions these areas must meet are:

Signs
Premises that must be smoke-free (premises which are workplaces or open to the public) must display at least one ‘no smoking’ sign. This sign must contain a legible graphic representation of a burning cigarette enclosed in a circle with a bar across the circle which crosses the cigarette symbol.

School grounds, hospital grounds and public playgrounds must also display ‘no smoking’ signs. The sign must contain a legible graphic representation of a burning cigarette enclosed in a circle with a bar across the circle which crosses the cigarette symbol and include appropriate warning text which is stated in regulation 14 in both English and Welsh. A sign must be displayed in a prominent position at the main entrance of school grounds, hospital grounds and public playgrounds within clearly marked boundaries. If there is more than one main entrance, a ‘no smoking’ sign must be displayed at each of them. For public playgrounds without clearly marked boundaries a sign must be displayed in a prominent position near the playground.
Vehicles
Vehicles that must be smoke-free are enclosed vehicles that are used wholly or mainly in the course of paid or voluntary work and used:

This applies to all vehicles, other than aircraft, ships or hovercraft.

When children are present in a vehicle, regardless of what it is being used for, it must be smoke-free.
Signs in vehicles
Vehicles that are required to be smoke-free must have a ‘no smoking’ sign displayed. The sign must contain a legible graphic representation of a burning cigarette enclosed in a circle with a bar across the circle which crosses the cigarette symbol.
Enforcement
These Regulations designate the police as the enforcement authority in relation to the requirement for vehicles to be smoke-free when a child is present. Local authorities are enforcement authorities in relation to premises, places and vehicles in their areas. Fixed penalty notices can be issued for non-compliance. A fixed penalty notice must be in the form set out in Schedules 1 and 2, depending on the offence.

 

Link to full government text

 

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