The Environmental Protection (Single-use Vapes) (Scotland) Regulations 2024
Scottish Statutory Instrument 2024 No. 269 — creates 3 criminal offences.
- Made
- 1 October 2024
- In force from
- 1 April 2025
- Extent
- Not stated
- Subject
- Health and safety, environment, waste and fisheries
- Made under
- Environmental Protection Act 1990
Explanatory note
(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.
These Regulations prohibit the supply, whether by sale or otherwise, in the course of business of single-use vapes and come into force on 1 April 2025. Regulation 4 provides that it is an offence for a person, in the course of business, to supply, offer to supply, or have in their possession for supply, single-use vapes. A person found guilty of an offence under regulation 4 is liable on summary conviction to a fine not exceeding level 5 on the standard scale and, on conviction on indictment, to a term of imprisonment not exceeding 2 years or a fine, or both. Regulation 5 provides that it is an offence for a person to fail without reasonable excuse to comply with a requirement imposed in the exercise of an enforcement officer’s powers under regulation 9(1)(c)(iii), (i) or (k). A person found guilty of an offence under regulation 5 is liable on summary conviction to a fine not exceeding level 5 on the standard scale. Regulation 6 makes provision for offences by bodies corporate, Scottish partnerships and unincorporated associations. Regulation 7 provides a due diligence defence. Regulation 8 provides that a local authority may authorise any person who appears suitable to exercise any of the powers specified in regulation 9. Regulation 9 provides for enforcement officers to have powers of entry and associated powers to carry out the necessary investigations in order to determine whether an offence has been or is being committed. Regulation 10 makes provision for enforcement officers to obtain warrants in certain circumstances. A Business Regulatory Impact assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies can be obtained from the Scottish Government, Product Stewardship Division, Area 3H South, Victoria Quay, Edinburgh, EH6 6QQ.
Offences created by this instrument
- A person who supplies, offers to supply, or has in their possession for supply, a single-use vape, commits an offence regulation 4(1) · Status not determined · Strict liability
- A person who fails without reasonable excuse to comply with any requirement imposed in the exercise of an… regulation 5(1) · Status not determined · Strict liability
- Where— a an offence under these Regulations has been committed by a body corporate or a Scottish partnership or other… regulation 6(1) · Status not determined · Strict liability
What Parliament said about it
Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.
How Parliament handled it
Parliament's Statutory Instruments service has no record of this instrument, although it covers the period. Nothing is inferred from that.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 2024