Part 1 S [F1 Tobacco and nicotine vapour products etc.]

Textual Amendments

F1 Pt. 1 title substituted (1.4.2017) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 15(11), 36(2); S.S.I. 2017/12, reg. 2, sch.

Chapter 4 S Miscellaneous and supplementary

[F2 35A Meaning of “nicotine vapour product” S

(1) In this Part, a “nicotine vapour product” is—

(a) a device which is intended to enable the inhalation of nicotine-containing vapour by an individual,

(b) a device which is intended to enable the inhalation of other vapour by an individual but is intended to resemble and be operated in a similar way to a device within paragraph (a),

(c) an item which is intended to form part of a device within paragraph (a) or (b),

(d) a substance which is intended to be vaporised by a device within paragraph (a) or (b) (and any item containing such a substance).

(2) But the following are not nicotine vapour products—

(a) a tobacco product,

(b) a smoking related product,

(c) a medicinal product (within the meaning of the Human Medicines Regulations 2012 (S.I. 2012/1916)),

(d) a medical device (within the meaning of the Medical Devices Regulations 2002 (S.I. 2002/618)).]

Textual Amendments

F2 S. 35A inserted (6.2.2017) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 1, 36(2); S.S.I. 2017/12, reg. 2, sch.