Skip to main content

Youth access

This section covers the sale of tobacco products to minors, age of sale laws, proxy purchasing, tobacco vending machines, and sale of e-cigarettes. The law and policy in this area is primarily a devolved matter; where devolved nations have different laws and policies, this is specified.

Children and Young Persons (Protection from Tobacco) Act 1991

Regulates the sale of tobacco products to minors by amending and updating the Children and Young Persons Act 1933 and the Children and Young Persons Act 1933 (Scotland).

  • Made 27 June 1991, UK wide minus Northern Ireland; came into force on 17 December 1992.
  • Increases the penalties for the sale of tobacco to persons under 16.
  • Bans the sale of unpackaged cigarettes or cigarettes not in their original packaging.
  • Requires retail premises to display warning statements stating illegality of sale to under 18s.
  • Made provision for local authorities to enforce regulations and address offences.

The Children and Young Persons (Sale of Tobacco etc.) Order 2007

Regulates age of sale for tobacco products by amending the Children and Young Persons (Protection from Tobacco) Act 1991. See Explanatory Memorandum for more information and background.

  • Made 7 March 2007; England and Wales; came into force 1 October 2007.
  • Increases the legal age of sale for tobacco products from 16 to 18.

The Protection from Tobacco (Sales from Vending Machines) (England) Regulations 2010

Primary legislation set out in Health Act 2009. Concerns sale of tobacco from vending machines, which had been used by children to buy tobacco. See also House of Commons research briefing, Impact Assessment, and Explanatory Memorandum for more information and background.

  • Made 17 March 2010, England only; came into force 1 October 2011.
  • Banned the sale of tobacco from vending machines.

Children and Families Act 2014

Reforms services and increases protection for vulnerable children. Covers adoption, family justice, special educational needs, childcare, and child welfare; only latter, covering smoking, covered here. See also Impact Assessment and Explanatory Notes for more information and background.

  • Made 13 March 2014, England only.
  • Bans proxy purchasing of tobacco for children by adults; penalties for offence later laid out.
  • Bans sale of nicotine products including e-cigarettes to persons under 18; exception for medicinal products later added.
  • Stipulates powers of enforcement.

The Nicotine Inhaling Products (Age of Sale and Proxy Purchasing) Regulations 2015

Concerns sale of electronic cigarettes to under 18s and proxy purchasing of e-cigarettes for under 18s. See Impact Assessment and Explanatory Memorandum for more information and background.

  • Made 25 March 2015; England and Wales; proxy purchasing regulations came into force 26 March 2015, all other regulations came into force 1 October 2015.
  • Introduces a minimum age of sale of 18 years for electronic cigarettes with exemptions only for electronic cigarettes licensed as medicines.
  • Requires a statutory review of this regulation within five years of it coming to force.
  • Extends proxy purchasing offence in Children and Families Act 2014 to cover e-cigarettes.
  • Gives enforcement powers and stipulates penalty of £90 fine for a proxy purchasing offence.

Devolved Nations

Northern Ireland
Separate age of sale regulations
Separate tobacco vending machines regulations
Separate unpackaged cigarettes and warning statement regulations

Scotland
Separate age of sale regulations
(see also ASH Scotland webpage)
Separate sale of e-cigarettes regulations (1, 2, 3)
Separate sale of tobacco products to minors regulations

Separate tobacco vending machines regulations (1, 2, 3)

Wales
Separate sale of tobacco products to minors regulations
Separate tobacco vending machines regulations

Both Scotland and Northern Ireland have a retail register for tobacco products. Wales has legislated for a retail register but the Welsh Retail Register is currently on hold.