Nerys Evans MS, Deputy Minister for Public and Preventative Health
Members of the Senedd will wish to be aware that we are giving consent to the Secretary of State exercising a subordinate legislation-making power in a devolved area in relation to Wales.
The Regulations specify steps that retailers may take to verify the age of customers purchasing tobacco products, herbal smoking products, cigarette papers, vaping products and nicotine products for the purposes of relying on the statutory defence to an age-of-sale offence. They provide for age verification using physical identity documents and digital identification systems which meet specified requirements. A person charged with an age-of-sale offence may rely on the statutory defence provided by the Tobacco and Vapes Act 2026 where they can demonstrate that they followed the steps set out in the Regulations. The Regulations apply in England and Wales.
The Regulations contain provision which would be within the legislative competence of Senedd Cymru. However, the Tobacco and Vapes Act 2026 does not confer the relevant regulation-making powers on the Welsh Ministers. Instead, sections 1(3) and 10(3) of the Act require the Secretary of State to obtain the consent of the Welsh Ministers before making the Regulations in relation to Wales.
I have therefore given consent to the Secretary of State making the Regulations in relation to Wales. In reaching this decision, I noted that the Welsh Government has been fully engaged in the development of the Regulations and that there is no policy divergence between the Welsh Government and the UK Government. A consistent approach across England and Wales will support compliance and enforcement and provide greater clarity for retailers. Consent also enables the Regulations to apply in relation to Wales under the statutory mechanism established by the Tobacco and Vapes Act 2026
The accompanying Explanatory Memorandum, setting out the detail of the provenance, purpose and effect of the amendments is also available.