The Scottish Government has published a draft legislation on the future UK wide disposable vape ban. Let's discover what devices it will prohibit.
Scotland is the first UK nation to announce a draft legislation on the scheduled April 2025 disposable vape ban. In conjunction with the release, the Government began a consultation. This invites industry experts to provide feedback on the implementation of the ban.
This legislation is the first in the UK to define what a disposable is. The document describes a single-use device as a kit that isn’t refillable, rechargeable, or both.
What does ‘refillable’ mean?
The Government stated a refillable e-cigarette is a device that hosts refillable pods, which are sold separately and easily replaced.
What does ‘rechargeable’ mean?
The draft legislation defines a rechargeable device as a vape designed for reuse that features replaceable coils and pods.
The descriptions of what constitutes a vape to be disposable is presented in the Scottish ‘Environmental Protection Regulations 2024’. This introduces sanctions for businesses that sell prohibited items and grants new powers to local authorities and enforcement officers.
The draft states that a business found to supply, offer to supply, or possess single-use vapes is liable to a fine between £5000-£10,000. With the possibility of a prison sentence of up to two years in severe cases.
The legislation will also allow further fines for businesses who refuse to comply with a premise search. Likening to the above the penalty parameters are a £5000-£10,000 fine or a two-year maximum prison sentence.
The document also reveals potential local authority powers. This will allow them to distribute warrants on businesses and suppliers suspected of stocking/producing dangerous vapes and disposable products.
How does the Scottish draft legalisation compare to the rest of the UK?
In the rest of the UK we are yet to see the Government clarify what they grant as a single use device.
Under the Tobacco and Vapes Bill, the UK is to face similar laws implemented. The latest England bill only grants enforcement officers the ability to serve on the spot £100 fines, with a Max £2,500 local council fine.
What happens next?
This draft legislation is simply the Scottish Government sharing their potential plans for new vape regulations. It is subject to voting and expert feedback, and you will find the latest updates on our blog as more details emerge.
The full Scottish Government consultation is already available. When the draft is updated, it will be published in the official regulations.
