Vending machines selling nicotine vapour products (commonly known as "e-cigarettes") will be prohibited by virtue of the changes made to the Tobacco and Primary Medical Services (Scotland) Act 2010 by the Regulations. A person who has the management or control of premises on which a vending machine selling tobacco or nicotine vapour products is available will commit an offence.

An “electronic cigarette” or “e-cigarette” is the commonly used name for a device which is charged by electricity (from a battery or mains supply) and heats liquid substances to produce vapour, which is inhaled by the user in order to deliver nicotine and/ or flavourings. Various products already exist on the market with several other similar products known to be in development. These Regulations will have the effect of prohibiting the sale of all nicotine vapour products from vending machines.

The Sale of Nicotine Vapour Products (Vending Machines) (Scotland) Regulations 2017

The intention behind the Regulations is to extend the effect of section 9 of the Tobacco and Primary Medical Services (Scotland) Act 2010 (“the 2010 Act”), which brought in the prohibition of vending machines for the sale of tobacco products, for nicotine vapour products. Section 9 is amended by the Regulations to amend the definition of "vending machine" to include those machines selling nicotine vapour products with the effect that such machines will also be prohibited. A person who has the management or control of premises on which such a vending machine is available for use commits an offence. A person found guilty of such an offence is laible to a fine not exceeding £2,500.