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There was submitted a report by the Director of Environment, Housing & Infrastructure relative to the enforcement of the Environmental Protection (Single-Use Vapes) (Scotland) Regulations 2024.
The report advised that the Scottish Parliament approved the first of a suite of planned legislative controls on 18 September 2024 which would prohibit the sale and supply of single-use vapes in Scotland. The regulations were made under the Environmental Protection Act 1990, which permitted the introduction of regulations by devolved Parliaments. The report noted that vapes were considered re-usable if they were both refillable and rechargeable. If products were only one or the other, they would be considered single-use vapes (SUV), and therefore prohibited for sale or supply by these Regulations.
The report intimated that draft Amendment Regulations (Injurious Articles Regulations), proposed to come into force on 31 March 2025, would align the commencement date with the rest of the UK, meaning that the controls would be implemented across the UK from 1 June 2025.
The report proposed that the legislation be adopted and that enforcement powers be delegated to officers, primarily to be utilised by Officers in the Trading Standards & Licensing team. These powers would supplement those already available to the team and would likely only require to be utilised where all other attempts to secure compliance failed.
DECIDED:
(a) That the progress made to date towards a smokefree future, and a ban on the sale or supply of single-use vaping products be noted;
(b) That the powers included in the Environmental Protection (Single-Use Vapes)(Scotland) Regulations 2024 (as amended) be adopted and that it be noted that since the Regulations had been introduced under the Environmental Protection Act 1990, implementation of the Regulations was already delegated to the relevant officers within the Scheme of Delegated Functions; and
(c) That it be noted that reports would be submitted to this Policy Board in the future as legislative controls were proposed.