Clause 39 - Repeal of offence of purchasing tobacco products by under 18s

Part of Tobacco and Vapes Bill – in a Public Bill Committee am 9:45 am ar 14 Mai 2024.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Andrea Leadsom Andrea Leadsom The Parliamentary Under-Secretary for Health and Social Care 9:45, 14 Mai 2024

Clause 39 repeals the offence for someone under the age of 18 in Scotland to buy or attempt to buy a tobacco product or cigarette paper. Clause 40 repeals the power for constables in Scotland to confiscate a tobacco product or cigarette paper from someone in a public place who they suspect is under 18. These provisions were originally made in the Tobacco and Primary Medical Services (Scotland) Act 2010.

The clauses ensure that legislation in Scotland is in line with that in England and Wales and mean that it will no longer be an offence for someone under the age of 18 to buy or attempt to buy these products, and that police officers will no longer have the power to confiscate these products. With the change to age of sale, it was no longer considered necessary to retain these provisions.

This change will ensure that no one is criminalised for their addiction to nicotine. The Bill also repeals the equivalent powers on confiscation for England and Wales in the Children and Young Persons Act 1933, so we are doing the same for Scotland. I therefore commend these clauses to the Committee.