Regulation 6
Amendment of paragraph 5
In the principal Order, in paragraph 5 —
in the paragraph heading, after “in relation to”, insert “vaporiser or”;
renumber the paragraph as sub‑paragraph (1) of that paragraph;
in sub‑paragraph (1)(b)(i), (c)(i) and (d), replace “exempt imitation tobacco product” wherever it appears with “vaporiser or exempt imitation tobacco product”;
in sub-paragraph (1)(b)(ii) and (c)(ii), after “any component of”, insert “a vaporiser or”;
in sub‑paragraph (1), delete “(for sale or otherwise),” wherever it appears;
in sub‑paragraph (1)(c), replace “31 December 2026” with “30 April 2026”;
in sub‑paragraph (1)(d), delete “(Cap. 7, R 10)”;
in sub‑paragraph (1), replace “section 16(1), (2) and (2A) of the Act in respect of the exempt imitation tobacco products” with “section 16(1), (2) and (3) of the Act as in force immediately before 1 May 2026 in respect of the vaporiser or exempt imitation tobacco product”; and
after sub‑paragraph (1), insert —“(2) Subject to paragraph 6, a person who —
has not been convicted of any offence under the Act or any subsidiary legislation under the Act committed on or after 1 February 2018;
on or after 1 February 2018, gives prior notice to the Authority of the person’s intention to —
import, distribute or possess any vaporiser or exempt imitation tobacco product (as the case may be) for an exempted purpose before the person first imports, distributes or takes possession of that product; or
import, distribute, sell or offer for sale, possess or purchase any component of a vaporiser or an exempt imitation tobacco product (as the case may be) for an exempted purpose before the person first imports, distributes, sells or offers for sale, takes possession of or purchases that component;
between 1 May 2026 and 31 December 2026 (both dates inclusive) —
imports, distributes or is in possession of any vaporiser or exempt imitation tobacco product (as the case may be) only for an exempted purpose carried out by the person; or
imports, distributes, sells or offers for sale, is in possession of or purchases any component of a vaporiser or an exempt imitation tobacco product (as the case may be) for an exempted purpose carried out by the person; and
where the non‑clinical research involves any testing of the vaporiser or exempt imitation tobacco product on an animal, is the holder of a licence issued under the Animals and Birds (Care and Use of Animals for Scientific Purposes) Rules,is exempt from sections 15(1), (2) and (3) and 16(1), (2) and (3) of the Act in respect of the vaporiser or exempt imitation tobacco product and its components so imported, distributed, sold or offered for sale, possessed or purchased, as the case may be.”.