The Environmental Protection (Single-use Vapes) (England) Regulations 2024

UK Statutory Instrument 2024 No. 1216 — creates 3 criminal offences.

Made

25 November 2024

In force from

1 June 2025

Extent

Not stated

Subject

International sanctions, export control and trade restrictions

Made under

Environmental Protection Act 1990, Regulatory Enforcement and Sanctions Act 2008

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, which apply in relation to England, prohibit the supply of single-use vapes. Part 2 prohibits the supply, offer for supply or possession for supply of single-use vapes. Breach of these prohibitions is an offence (regulation 4), subject to the mutual recognition principle in the United Kingdom Internal Market Act 2020 (c. 27) where applicable. A civil sanctions regime enables regulators to impose a range of civil sanctions (regulation 9 and the Schedule). These are fixed monetary penalties, compliance notices, stop notices and enforcement undertakings. The Regulations make provision for the procedure relating to these sanctions and the available appeal mechanisms. Failure to comply with a stop notice is an offence (paragraph 16 of the Schedule). All appeals relating to a civil sanction are to the First-tier Tribunal. Regulations 8 and 10 provide for enforcement officers to have powers of entry to carry out the necessary investigations in order to determine whether an offence has been committed. Regulation 11 provides for the Secretary of State to give a direction for the disposal or other treatment of single-use vapes in respect of which an offence has been committed. Regulation 12 provides for publication of information on enforcement action taken by regulators. Regulation 13 provides that guidance relating to the use of civil sanctions must be prepared and consulted on, and specifies information to be included in such guidance. Regulation 14 contains provision for review of the Regulations. Regulators are able to recover the costs of enforcement (paragraph 27 of the Schedule) in the case of compliance notices and stop notices and must issue guidance about their use of enforcement cost recovery notices. A full impact assessment of the effect that these Regulations will have on the costs of business, the voluntary sector and the public sector is available from www.legislation.gov.uk, and from the Department for Environment, Food and Rural Affairs, Seacole Building, 2 Marsham Street, London, SW1P 4DF.

Offences created by this instrument

• Where a person on whom a stop notice is served does not comply with it, the person is guilty of an offence and liable—… paragraph 16 of SCHEDULE · Status not determined · Strict liability
• A person who supplies, offers to supply or has in their possession for supply a single-use vape is guilty of an offence regulation 4(1) · Status not determined · Strict liability
• A person who without reasonable excuse— a fails to comply with any requirement imposed in the exercise of an… regulation 5(1) · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

• Environmental Protection Commons · Commons Chamber · 13 November 2024 · The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Mary Creagh)

  I beg to move, That the draft Environmental Protection (Single-use Vapes) (England) Regulations 2024, which were laid before this House on 23 October, be approved. Every person in this country has the right to walk down their street without stumbling on a single-use vape that has been tossed on to the pavement. They have the right to take their children to the park without their child picking up a shiny vape that has been cast aside in the playground. No driver should fear that their car tyre will explode if they drive over a single-use vape in the road, yet I was recently sent a picture of…

• Environmental Protection Commons · Commons Chamber · 13 November 2024 · Mary Creagh

  My understanding is that the assessment relates to this piece of legislation—I see my officials nodding vigorously in the Box—but if there are any further questions that the hon. Lady would like to ask me following the debate, I shall be only too happy to respond to her in person. I hope that I have covered most of the comments and questions from colleagues. We are banning a product that is designed almost as a toy, a pocket-money product at pocket-money prices that is intended to appeal to those under 18. This legislation is needed to stop the continued misuse of critical resources and harm…

• Environmental Protection Commons · Commons Chamber · 13 November 2024 · Dr Caroline Johnson (Sleaford and North Hykeham) (Con)

  It is a pleasure to follow the maiden speech of the hon. Member for South Dorset (Lloyd Hatton). It was an excellent maiden speech—very interesting—and his constituency sounds lovely. Indeed, it sounds almost as lovely as Sleaford and North Hykeham, but not quite. I welcome him to his place, and hope he enjoys his time in the House. I also welcome the regulations. Some people say that ten-minute rule Bills never become legislation, but today, mine will. On 8 February 2023, I introduced the Disposable Electronic Cigarettes (Prohibition of Sale) Bill. I put on record my thanks for the support…

• Environmental Protection (Single-use Vapes) (England) Regulations 2024 Lords · Grand Committee · 13 November 2024 · Baroness Hayman of Ullock

  That the Grand Committee do consider the Environmental Protection (Single-use Vapes) (England) Regulations 2024. Relevant document: 6th Report from the Secondary Legislation Scrutiny Committee (Special attention drawn to the instrument).

• Environmental Protection (Single-use Vapes) (England) Regulations 2024 Lords · Grand Committee · 13 November 2024

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