The Secretary of State may by regulations make provision prohibiting the sale of nicotine products to persons aged under 18.
A person who breaches a prohibition in regulations under subsection (1) commits an offence.
Subsection (2) does not apply if—
Where a person is charged with an offence under this section it is a defence that the person took all reasonable precautions and exercised all due diligence to avoid committing the offence.
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
The Secretary of State may by regulations—
Regulations under this section may make provision in relation to—
The Secretary of State must obtain the consent of the Welsh Ministers before making regulations under this section which would (if contained in an Act of the National Assembly for Wales) be within the legislative competence of that Assembly.
For the purposes of this section "nicotine product" means—
It does not matter for the purposes of subsection (9)(a) whether the device is also intended to enable any other substance to be consumed by an individual or otherwise to be delivered into the human body.
The following are not nicotine products for the purposes of this section—
In this section—
"specified" means specified in regulations under this section;
"tobacco" has the same meaning as in section 7 of the Children and Young Persons Act 1933 (offence of selling tobacco to children).