Draft  Regulations  laid before  the Scottish  Parliament  under  section  160A(7)  of the Environmental  
Protection  Act 1990,  for approval  by resolution  of the Scottish  Parliament.  
S C O T T I S H  S T A T U T O R Y  I N S T R U M E N T S  
2024 No. 
ENVIRONMENTAL  PROTECTION  
The Environmental  Protection  (Single -use Vapes ) (Scotland)  
Regulations  2024  
Made  - - - - *** 
Coming  into force  - - *** 
 
The Scottish  Ministers  make  the following  Regulations  in exercise  of the powers  conferred  by 
section  140(1)(b)  and (c), (3)(c)  and (d), and (9) of the Environmental  Protection  Act 1990( a) and 
all other  powers  enabling  them  to do so. 
In accordance  with section  140(6)  of that Act(b), they have  published  notices  in the London  
Gazette  and in the Edinburgh  Gazette  and have  considered  the representations  made  to them  in 
accordance  with those  notices.  
In accordance  with section  160A(7)  of that Act, a draft  of this instrument  has been  laid before,  and 
approved  by resolution  of, the Scottish  Parliament.  
PART  1 
Introduction  
Citation , commencement  and extent  
1.—(1) These  Regulations  may be cited  as the Environmental  Protection  (Single -use Vapes ) 
(Scotland)  Regulations  2024  and come  into force  on [1 April  2025].  
(2) These  Regulations  extend  to Scotland  only.  
Interpretation  
2. In these  Regulations — 
 
(a) c. 43. Section 140(3)(c) was amended by S.I. 1999/1108. The functions of the Secretary of State under section 140, insofar 
as exercisable within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 
Scotland Act 1998 (c. 46).  
(b) The requirement to consult the Advisory Committee on Hazardous Substances, formerly established under section 140(5) of 
the Environmental Protection Act 1990, was removed by S.I. 2012/1923.   2 “authorised  purpose”  means  the purpose  of determining  whether  an offence  under  regulation  4 
has been  or is being  committed,  
“container”  means  a cartridge,  pod, tank,  capsule  or other  any other  receptacle  designed  to 
hold a vaping  substance  and be used with a vape , 
“enforcement  officer”  means  a person  authorised  under  Regulation  8, 
“local  authority”  means  a council  constituted  under  section  2 of the Local  Government  etc. 
(Scotland)  Act 1994( a), 
“supply”  means  supply,  whether  by sale or not, in the course  of a business , 
“vape ” means  a device  that— 
(a) vaporises  substances,  other  than tobacco,  for the purpose  of inhalation  through  a 
mouthpiece  (whether  or not it also vaporises  tobacco),  and 
(b) is not a medical  device  within  the meaning  of regulation  2 of the Medic al Devices  
Regulations  2002(b) or a medic inal product  within  the meaning  of regulation  2 of the 
Human Medic ines Regulations  2012(c), 
“vaping  substance”  means  a substance,  other  than tobacco,  that is intended  to be vaporised  
with a vape,  
“vaporises”  includes  aerosolises and “vaporised”  is to be construed  accordingly . 
Meaning  of single -use vape  
3.—(1) For the purposes  of these  Regulations,  a single -use vape  is a vape  which  is not designed  
or intended  to be re-used (a “single -use vape”)  and includes  any vape  which  is— 
(a) not refillable,  
(b) not rechargeable,  or 
(c) not refillable  and not rechargeable . 
(2) For the purposes  of this regulation , a vape  is not refillable,  unless  it is designed  to 
include — 
(a) a single -use container  which  is separately  available  and can be replaced  by an individual 
user in the normal course of use , or 
(b) a container  which  can be refilled  by an individual user in the normal course of use . 
(3) For the purposes  of this regulation , a vape  is not rechargeable  if it is designed  to contain — 
(a) a battery  which  cannot  be recharged,  or 
(b) a coil which  is not separately available and cannot be replaced  by an individual  user in 
the normal  course  of use, including  any coil which  is contained  in a single -use cartridge  
or pod which  is not separately  available  and cannot  be replaced  by an individual user in 
the normal course of use . 
(4) For the purposes of this regulation, “separately available” means available for purchase by 
an individual user.  
 
(a) c. 39. Section 2 was amended by paragraph 232(1) of schedule 22 of the Environment Act 1995 (c. 25).  
(b) S.I. 200 2/618, relevantly amended by S.I. 2008/2936 . 
(c) S.I. 2012/1916 to which there are no relevant amendments.   3 PART  2 
Offences  
Offence:  supply  of single -use vapes  
4.—(1) A person  who supplies,  offers  to supply,  or has in their possession  for supply,  a single -
use vape , commits  an offence.  
(2) A person  who commits  an offence  under  paragraph  (1) is liable — 
(a) on summary  conviction  to a fine not exceeding  level  5 on the standard  scale , 
(b) on conviction  on indictment,  to a term of imprisonment  not exceeding  2 years  or a fine, or 
both.  
Offence: failure to comply with an enforcement requirement  
5.—(1) A person who  fails without reasonable excuse to comply with any requirement imposed 
in the exercise of an enforcement’s officers’  powers under regulation 9(1)(e), (k) or (m)  commits 
an offence.   
(2) A person who commits an offence under paragraph (1) is liable on summary conviction to a 
fine not exceeding level 5 on the standard scale.  
Offences  by bodies  corporate  
6.—(1) Where — 
(a) an offence  under  these  Regulations  has been  committed  by a body  corporate  or a Scottish  
partnership  or other  unincorporated  association,  and 
(b) it is proved  that the offence  was committed  with the consent  or connivance  of, or was 
attributable  to any neglect  on the part of— 
(i) a relevant  individual,  or 
(ii) an individual  purporting  to act in the capacity  of a relevant  individual,  
the individual  as well as the body  corporate,  Scottish  partnership  or unincorporated  association  
commits  an offence  and is liable  to be proceeded  against  and punished  accordingly.  
(2) In paragraph  (1), “relevant  individual”  means — 
(a) in relation  to a body  corporate — 
(i) a director,  manager,  secretary  or other  similar  officer  of the body,  
(ii) where  the affairs  of the body  are managed  by its members,  a member,  
(b) in relation  to a Scottish  partnership,  a partner,  
(c) in relation  to an unincorporated  association  other  than a Scottish  partnership,  a person  
who is concerned  in the management  or control  of the association.  
Defence  of due diligence  
7.—(1) Where  a person  is charged  with an offence  under  these  Regulations,  it is a defence  for 
that person  to show  that the person  took all reasonable  precautions  and exercised  all due diligence  
to prevent  the offence  being  committed.  
(2) Where  the defence  provided  by paragraph  (1) involves  an allegation  that the commission  of 
the offence  was due to the act or omission  of another  person,  the person  charged  must  not, 
without  leave  of the court,  be entitled  to rely on the defence  unless,  within  the period  of 7 days 
before  the hearing,  the person  charged  has served  on the prosecutor  a notice  giving  such 
information  identifying  or assisting  in the identification  of the other  person  as was then in the 
possession  of the person  charged.   4 PART  3 
Enforcement  and Investigatory Powers  
Enforcement  
8. A local  authority  may authorise  in writing,  a person  who appears  suitable  to that local  
authority  to exercise  in its area,  for an authorised  purpose,  and in accordance  with the terms  of the 
authorisation,  any of the powers  specified  in regulation  9. 
Powers  of entry , investigation  and examination  etc. 
9.—(1) The powers  which  an enforcement  officer  may be authorised  to exercise  are— 
(a) to enter  at any reasonable  time any premises  (other  than premises  used wholly  or mainly  
as a dwelling)  which  the enforcement  officer  has reason  to believe  it is necessary  to enter  
for an authorised  purpose,  
(b) when  entering  any premises  under  sub-paragraph  (a)— 
(i) to be accompanied  by another  person authorised by the enforcing authority, and if 
the authorised person has reasonable cause to apprehend any serious obstruction in 
the execution of that person’s duty, a constable , and 
(ii) to bring  any equipment  or materials  required  for any authorised  purpose  for which  
the power  of entry  is being  exercised,  
(c) to make  such examination  and investigation  as may in any circumstances  be necessary,  
(d) to take such measurements  and photographs  and make  such recordings  as the 
enforcement  officer  considers  necessary  for the purpose  of any examination  or 
investigation  under sub -paragraph (c) above ,  
(e) to require  the production  of, or where  the information  is recorded  in computerised  form,  
the furnishing  of extracts  from,  any documents  which  it is necessary  for the enforcement  
officer  to see for the purposes  of any such examination  or investigation  and to inspect  and 
take copies  of the document s, 
(f) as regards  any premises  which  an enforcement  officer  has power  to enter  under  sub-
paragraph  (a), to direct  that those  premises  or any part of them,  or anything  in them,  be 
left undisturbed  (whether  generally  or in particular  respects)  for so long as is reasonably  
necessary  for the purpose  of examination  or investigation  under  sub-paragraph  (c), 
(g) to take any samples,  or cause  samples  to be taken,  of any single -use vapes, or components 
of single -use vapes found  in or on any premises  which  an enforcement  officer  has power  
to enter  under  sub-paragraph  (a), and to cause  any such single -use vapes  to be analysed  or 
tested,  
(h) in the case of any single -use vape, or component of a single -use vape  found  in any 
premises  which  an enforcement  officer  has power  to enter,  to cause  it to be dismantled  or 
subjected  to any process  or test (but not so as to damage  or destroy  it, unless  that is 
necessary),  
(i) in the case of any single -use vapes found in or on any premises which an enforcement 
officer has power to en ter under sub -paragraph (a)  to take possession  of it and to retain  it 
for so long as is necessary  for all or any of the following  purposes — 
(i) to examine  it, and subject  it to any process  or test, or cause  it to be examined,  
(ii) to ensure  that it is not tampered  with before  the examination  is completed,  
(iii) to ensure  that it is available  for use as evidence  in any proceedings  for an offence  
under  these  Regulations , 
(j) as regards any premises which an enforcement officer has power to enter under sub -
paragraph (a), to search the premises and seize and remove any documents found in or on 
the premises which the enforcement officer has reasonable cause to believe may be  5 required as evidence for the purposes of proceedings relating to an offence under 
regulation 4 which the enforcement officer reasonably believes is being or has been 
committed,  
(k) to require any person to afford the enforcement officer such facilities and assistance with 
respect to any matters or things within the person’s control or in relation to which that 
person has responsibilities as are necessary to enable the enforcement officer to exercise 
any of the powers conferred on the enforcement officers by this regulation,  
(l) as regards any premises which an enforcement officer has power to enter under sub -
paragraph (a), to make a purchase of a single -use vape or enter into an agreement to 
secure the provision of a single -use vape, without first giving notice, or obtaining a 
warrant,  
(m) to require any person whom the enforcement officer has reasonable cause to believe to be 
able to give any information relevant to an examination or investigation under sub -
paragraph (c) above, to provide the person’s name, address and date of birth . 
(2) An enforcement officer may not exercise the power in sub -paragraph (j) except under the 
authority of a warrant issued under  regulation 10. 
(3) Where an enforcement officer proposes to enter any premises , and— 
(a) entry has been refused and the enforcement officer apprehends on reasonable grounds 
that the use of force may be necessary to effect entry, or  
(b) the enforcement officer apprehends on reasonable grounds that entry is likely to be 
refused and that the use of reasonable force may be necessary to effect entry,  
any entry on to those premises by virtue of paragraph (1)(a) may only be effected under the 
authority of a warrant issued under regulation 10.  
(4) Where an enforcement officer removes a document under the power in sub -paragraph 
(1)(j), that contains information in respect of which a claim to confidentiality of communications 
could be maintained in legal proceedings — 
(a) the information may not be used in evidence for the purpose of proceedings in relation to 
an offence under these regulation s, and  
(b) the document must be returned to the premises from which it was removed, or to the 
person who had possession or control of it immediately before it was removed, as soon as 
reasonably practicable (but, the person may retain, or take copies of any information 
contained in the document to which no claim of confidentiality could be maintained) . 
(5) Nothing  in paragraph  (1)(e) compels  the production  by a person  of any document  of which  
that person  would  on grounds  of legal  professional  privilege  be entitled  to withhold  production  
on an order  for the production  of documents  in an action  in the Court  of Session.  
(6) An enforcement  officer  seeking  to exercise  a power  under  paragraph  (1) must  produce  
evidence  of identity  and authority  if requested  by a person  who is, or appears  to be— 
(a) a supplier,  or employee  of a supplier  of single -use vapes , 
(b) the owner  or occupier  of any premises  in which  the enforcement  officer  seeks  to exercise  
the power  concerned.  
(7) In this regulation,  “document”  includes  any thing  in which  information  of any description  
is recorded  (by any means)  and any part of such a thing.  
Warrants  
10.—(1) If it is shown to the satisfaction of a sheriff, summary sheriff or justice of the peace on 
sworn information in writing that— 
(a) there are reasonable grounds for entry into the premises for the purpose for which entry is 
required, and  
(b) one o r more of the conditions in paragraph ( 2) are met,   6 the sheriff, summary sheriff or justice of the peace may by warrant authorise the enforcement 
officer to enter the premises in accordance with the warrant, and if need be, by force.  
(2) The conditions mentioned in paragraph ( 1)(b) above are that — 
(a) admission to the premises has been refused,  
(b) a refusal of admission to the premises is reasonably apprehended,  
(c) the premises are unoccupied,  
(d) the occupier is temporarily absent from the premises and the case is one of urgency, or  
(e) an application for admission to the premises would defeat the object of the proposed 
entry.  
(3) A warrant issued under this regulation continues in force until the purpose for which the 
entry is required has been satisfied.  
 
 
 
 
 Name  
 Authorised  to sign by the Scottish  Ministers  
 St. Andrew’s  House,  Edinburgh  
 
 
Date 
   7  
EXPLANATORY  NOTE  
(This  note is not part of the Regulations)  
 
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 any requirement imposed in the exercise of an enforcement’s officers powers under 
regulation 9(1)(e), (k) or (m) . 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.