About the register

It will be illegal for retailers who sell nicotine vapour products, tobacco or both if they are not registered by 1 October 2017.

Retailers who sell tobacco products only, should already be registered and therefore no action is required.

Retailers who sell nicotine vapour products can register a new premises or update an existing premise from 1st April 2017

The Tobacco and Primary Medical Services (Scotland) Act 2010  was passed by the Scottish Parliament on 27 January 2010, with an overwhelming majority of 108 to 15 MSPs in favour. The Act contains measures aimed specifically at reducing the attractiveness and availability of tobacco to persons under 18.

The Act:

  • bans the display of tobacco and smoking related products in shops;
  • bans the sale of tobacco from vending machines;
  • introduces a tobacco sales registration scheme, which will be free for retailers to join;
  • makes it an offence for under 18s to attempt to purchase tobacco;
  • makes it an offence for adults to buy tobacco on behalf of under 18s (known as proxy purchase);
  • gives trading standards officers powers to issue fixed penalty notices, and
  • gives courts the power to ban retailers from selling tobacco where they have repeatedly broken the law.

The Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 was approved by Parliament on 3 March 2016 the Act includes the following measures :

  • Introduces the offence of selling an NVP to a person under the age of 18;
  • Introduces the offence of failing to operate an age verification policy at premises where tobacco products or NVPs are offered for sale;
  • Introduces the offence of allowing a tobacco product, cigarette papers or an NVP to be sold by a person under the age of 18 without authorisation;
  • Provides powers to introduce the offence of selling a NVP from a vending machine;
  • Introduces the offence of carrying on a NVP business whilst unregistered or from unregistered premises;
  • Provides for a due diligence defence against certain tobacco products and NVP related offences;
  • Makes it an offence for a person aged 18 or over to purchase a NVP for someone under the age of 18 (‘commonly known as proxy purchase;
  • Provides powers to make regulations prohibiting or restricting a sponsorship agreement which promotes NVPs and to make related offences;.

Next Step?