Tobacco and Vaping Bill: call for evidence

Aims of the Bill

The Tobacco and Vapes Bill 2023-24 fulfils a series of government proposals to create a ‘smokefree generation’ and reduce the appeal and availability of vapes to young people.

These proposals were set out in the government’s policy paper Stopping the start: our new plan to create a smokefree generation.

Increasing the age of sale for tobacco

The Bill would make it an offence anywhere in the UK to sell tobacco products to anyone born on or after 1 January 2009. The current age-of-sale across the UK is 18years.

It would do this directly for England and Wales (clause 1), and it would amend existing age-of-sale legislation in Scotland (clause 37) and Northern Ireland (clause 48) to the same effect.

Reducing the appeal and availability of vapes to children

It is already an offence to sell nicotine vaping products to under-18s, in all four parts of the UK. The Bill would make further provisions to reduce youth vaping:

• The Bill would make it an offence to sell non-nicotine vaping products to under-18s, in England and Wales (clause 7). It would grant powers to Ministers in Northern Ireland to make regulations to do the same (clause 51). In Scotland, it is already an offence to sell non-nicotine vaping products to under-18s.
• The Bill would also allow the Secretary of State to make regulations restricting the retail packaging (clause 61), and contents and flavouring of vaping and nicotine products (clause 62). This measure would apply across the UK.
• The Bill would make it an offence to distribute free vaping products to under-18s in England and Wales (clause 9). It would grant powers to Ministers in Scotland (clause 44) and Northern Ireland (clause 53) to introduce similar restrictions or prohibitions.
• The Bill would enable the Secretary of State to make new regulations restricting the display of vaping or nicotine products in retail outlets in England and Wales (clause 11). It would enable Ministers in Scotland (clause 45) and Northern Ireland (clause 54) to do the same.

Strengthening enforcement around tobacco and vaping sales

The Bill would enable enforcement authorities in England and Wales to issue on-the-spot fines (fixed penalty notices) for:       

• Selling tobacco to anyone born on or after 1 January 2009 (clause 1) or selling vaping products to under-18s (clause 7).
• Purchasing tobacco and vaping products for someone underage (clauses 2 and 8).
• Distributing vaping products to under 18s for free (clause 9).

If a person or business or person persistently breached the relevant restrictions, enforcement authorities would be able to apply to the court to ban the business (through a restricted premises order, clause 12) or person (through a restricted supply order, clause 16) from selling tobacco and vaping products for up to a year.

Economic and financial impacts of the Bill

The Government’s impact assessment for the Bill says that raising the legal age of smoking will have an overall effect on society worth around £18.6 billion, mostly from productivity gains related to reducing levels of smoking. This does not include the cost to HMRC of reduced receipts from tobacco duty, but the assessment says that even if this were included the Bill’s impact on society would still be positive.

Territorial extent of the Bill

Some parts of the Bill apply to all four parts of the UK. Some parts apply at a national level, but the Bill largely provides for a consistent approach to tobacco and vaping control across the UK.

Follow the progress of the Tobacco and Vapes Bill

The Tobacco and Vapes Bill was introduced in the Commons on 20 March 2024, and had its second reading on 16 April 2024.

• Bills before Parliament: Tobacco and Vapes Bill
• Read Explanatory Notes: Tobacco and Vapes Bill
• House of Commons Library Briefing Paper

Oral evidence sessions are expected to be held on Tuesday 30 April and Wednesday 1 May.

Guidance on submitting written evidence

Deadline for written evidence submissions

The Public Bill Committee is now able to receive written evidence. The sooner you send in your submission, the more time the Committee will have to take it into consideration and possibly reflect it in an amendment. The order in which amendments are taken in Committee will be available in due course under Selection of Amendments on the Bill documents pages. Once the Committee has dealt with an amendment it will not revisit it.

The first sitting of the Public Bill Committee is expected to be on Tuesday 30 April and the Committee is scheduled to report by Thursday 23 May. However, please note that when the Committee concludes its consideration of the Bill it is no longer able to receive written evidence and it can conclude earlier than the expected deadline of 5.00pm on Thursday 23 May. You are strongly advised to submit your written evidence as soon as possible.

Your submission should be emailed to scrutiny@parliament.uk

Further guidance on submitting written evidence can be found here (pdf, 1MB).

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