The Act – Overview
3.Part 1 of the Act includes a number of new controls on the sale of tobacco, the sale and promotion of a nicotine vapour product (“NVP”) and on smoking outside hospital buildings. Chapter 1 contains provision which puts a prohibition on selling NVPs to persons under the age of 18, a power to ban the sale of NVPs from vending machines, a prohibition on the purchase of NVPs on behalf of a person under the age of 18 and a requirement for retailers of NVPs to be on a Register and related provision about banning orders. It also includes controls which apply to the sale of both NVPs and tobacco products: a requirement on retailers to operate an age verification policy, a prohibition on unauthorised sales by persons under the age of 18 and a statutory due diligence defence. Chapter 2 contains regulation-making powers which enable certain forms of advertising and promotion of NVPs to be prohibited or restricted. Chapter 3 contains provision related to prohibiting smoking in designated smoke-free outdoor areas on NHS hospital grounds.
4.In summary, Part 1 of the Act—
	introduces the offence of selling a 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 and NVPs are offered for sale,
	introduces the offence of allowing a tobacco product, cigarette papers or a 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 product and NVP related offences,
	makes it an offence for a person aged over 18 to purchase a NVP for a person under the age of 18 (commonly known as “proxy purchase”),
	provides powers to make regulations containing prohibitions or restrictions on NVP advertisements and brand-sharing and to make related offences,
	provides powers to make regulations prohibiting or restricting giving away a NVP or a coupon for a NVP and to make related offences,
	provides powers to make regulations prohibiting or restricting a sponsorship agreement which promotes NVPs and to make related offences,
	makes it an offence to smoke outside a NHS hospital building within an area designated by regulations and makes related offences as well as powers to make regulations on the detail.