The Tobacco and Vapes Act 2026 (Commencement No. 1, Transitional and Saving Provisions) (Scotland) Regulations 2026 - Child Rights and Wellbeing Impact Assessment

Conclusion

7. As a result of the evidence gathered and analysed against all UNCRC requirements, what is the potential overall impact of this proposal on children’s rights?

The evidence that has been assessed suggests that the overall policy, which these regulations support, will have a positive impact on children’s rights, particularly in relation to articles 3, 6, 12, 24 and 33.

8. If you have identified a positive impact on children’s rights, please describe below how the proposal will protect, respect, and fulfil children’s rights in Scotland.

These consequential amendments will assist in implementing the 2026 Act, which will make sure children are not sold herbal smoking and nicotine products, thereby improving their health. The 2026 Act will prevent more children from developing a nicotine addiction. Addiction has an impact on health and financial wellbeing, which means the prevention of addiction in childhood has a positive impact on children’s rights.

Children are already protected under existing legislation regarding the age of sale for tobacco products, cigarette papers and vaping products. Under the Tobacco and Primary Medical Services (Scotland) Act 2010, it is an offence in Scotland to sell tobacco products, cigarette papers or vaping products to someone under the age of 18 and there are requirements within the 2010 Act around age verification.

However, the changes to the age of sale brought about by the 2026 Act and supported by this legislation will protect children in future as it will gradually end the sale of tobacco, herbal smoking products and cigarette papers across the country for all ages, creating a smoke-free generation.

The 2026 Act will also reduce children’s access and exposure to vaping, nicotine and herbal smoking products. This will have a positive impact on children’s health as it will prevent children from developing a nicotine addiction and being exposed to the harms caused by smoking.

Commencing the extension of the retailer register will also allow law enforcement to check retailers for illegal activities such as selling nicotine products and herbal smoking products to children, reducing the likelihood that they will be purchased by children. A reduction in the illegal sale of these products to children has a positive impact on children’s rights. This means children have a higher chance of developing their full potential, in better health, protected from the health-harming effects of nicotine and smoking, including the harmful effects of addiction.

The criminal offences which applied to children under 18 (purchase of tobacco products by persons under 18) have been repealed by the 2026 Act and consequential amendments are made in these Regulations as a result of those repeals.

This proposal, and the wider 2026 Act, is therefore likely to further the realisation and enjoyment of children’s rights.

These Regulations, and the wider 2026 Act, respect the right of children to live a healthy, engaged life, protected from the health-harming effects of nicotine and smoking, including the harmful effects of addiction.

The Regulations contain technical consequential amendments which are required for substantive provisions in the 2026 Act and so should be considered in this context. They will support the substantive provisions which will fulfil and protect rights set out under the UNCRC, such as:

Article 3 - These Regulations fulfil the best interest principle given the focus of enabling the effective and consistent operation of the 2026 Act provisions which are in turn focussed on creating a smoke-free generation, limiting children’s access and exposure to health-harming products and removing the risk of criminal liability for children.

Article 6 – Supporting implementation of the 2026 Act which will prevent children from having access to nicotine and herbal smoking products and gradually phase out the use of tobacco and herbal smoking products altogether. This will ensure that children are able to survive and develop fully.

Article 12 The views of children have been actively sought in the development of our policies on tobacco, vaping and nicotine control.

Article 24 Preventing children from having access to nicotine and herbal smoking products means children are less likely to be exposed to the health harms caused by these products.

Article 33 Nicotine is a highly addictive psychotropic substance, and being prevented from buying products containing this substance will mean children are protected from the harms caused by nicotine and addiction. This legislation supports the effective operation of key provisions in the 2026 Act which are designed to prevent children from accessing nicotine products.

9. If a negative impact has been identified please describe it below. Is there a risk this could potentially amount to an incompatibility?

N/A – no negative impacts have been identified.

Mitigation Record

What options have been considered to modify the proposal in order to mitigate a negative impact or potential incompatibility?

Please summarise mitigation actions taken below

Issue or risk identified and relevant UNCRC requirement

N/A

Action Taken/ To Be Taken

N/A

Date action to be taken or was taken

N/A

10. As a result of the evidence gathered and analysed against all wellbeing indicators, will the proposal contribute to the wellbeing of children and young people in Scotland?

Safe: Yes

Healthy: Yes

Achieving: Yes

Nurtured: Yes

Active: Yes

Respected: Yes

Responsible: Yes

Included: Yes

If yes, please provide an explanation below:

Safe

This legislation will support implementation of the 2026 Act, which will help to create a safe environment for children, free from the health harms of tobacco and nicotine, contributing to the health of children.

The extension of the retailer register to nicotine products and herbal smoking products will improve enforcement of legislation relating to these products, ensuring that retail environments are following relevant legislation, including restrictions on age of sale.

Healthy

This legislation will ensure the 2026 Act is implemented effectively. The Act will support the creation of a smoke-free generation, reducing smoking prevalence across society and limiting children’s access and exposure to harmful substances, such as vaping and nicotine products.

Achieving

Implementing legislation which aims to reduce the use of vaping and nicotine products will help to support the learning and participation of children in their schools and communities. This is part of a holistic package of measures to ensure that children are engaged in their learning. New national guidance to support education authorities and schools to respond to substance use in schools was also published in 2026.

Nurtured

The 2026 Act takes a compassionate approach and focuses on developing a positive identity, by repealing the offence of purchasing tobacco products by people under the age of 18. This will ensure children are not criminalised for addiction.

Active

Improving the health of young people through reducing health harming activities such as smoking, vaping and nicotine use, will ensure that children are able to take up available opportunities to participate in play, recreation and sport to their fullest potential.

Respected

The voices of children and young people have been actively sought in the development of our wider policies on tobacco, vaping and nicotine control, through our engagement with the Children’s Parliament and the boosting of the Scottish sample in the ASH study cited above. These regulations will implement some of the policies set out in the 2026 Act which aligned with many of the views of the children and young people surveyed.

Responsible

As set out under the Achieving indicator, implementing legislation which aims to reduce the use of smoking, vaping and nicotine products will help to support the learning of children in their schools and communities through increased participation and engagement with classes.

Included

Our health is closely linked to the circumstances and environments in which we are born, grow up, live, work and age. Prevention is one of the most cost-effective interventions that the NHS and wider system can make in improving population health and reducing inequalities. This legislation plays a part in implementing the 2026 Act, which focuses on preventing children becoming addicted to nicotine through such actions as age of sale restrictions for nicotine products and herbal smoking products and extending the retail register to cover those products, thereby improving enforcement around age of sale restrictions, with an aim to reduce health inequalities.

11. How will you communicate to children and young people the impact that the proposal will have on their rights?

We will continue to engage with young people through our partner organisations, including Young Scot, to keep them informed about policy developments and any potential impacts on their rights. These partner organisations disseminate information directly to young people on the changes we are making to our policies and legislation.

We will also continue to work closely with the Children’s Parliament. The policy team has already presented to the MCPs how their ideas were represented in the Act, which this legislation supports.

NHS Inform hosts our ‘Take Hold’ marketing campaign resources which can be used to educate parents, carers and children about the dangers of vaping and raise awareness of the harms and risks of nicotine addiction. As part of this, resources were provided to schools for teachers and young people to help inform them about vaping and signpost to sources of help and support.