Tobacco and Vapes Act begins phased rollout in Northern Ireland as England delays consultation on retail licensing scheme until 2027

Northern Ireland has begun implementing the Tobacco and Vapes Act 2026, with the Tobacco and Vapes (2026 Act) (Commencement No.1) Order (Northern Ireland) 2026 formally bringing the first provisions of the legislation into force. The Order, made by the Department of Health, activates the earliest youth‑protection and sales‑restriction measures and marks the start of a staged rollout that will continue into 2027.

The Commencement No.1 Order switches on provisions relating to the sale of non‑nicotine vapes and nicotine products to under‑18s, proxy purchasing offences, the extension of vending‑machine bans, and prohibitions on free distribution and discounting. These measures take effect from 29 October 2026. The smoke‑free generation provision — banning tobacco sales to anyone born on or after 1 January 2009 — comes into force on 1 January 2027.

Further elements of the Act, including advertising restrictions and the expansion of the Tobacco Retailers Register to cover vape and nicotine retailers, will follow in later commencement orders expected in mid‑2027.

The Northern Ireland timetable contrasts with the position in England, where the government has confirmed that no consultation will take place on the proposed retail licensing scheme for tobacco, vapes and nicotine products until 2027. According to the Institute of Licensing, ministers have stated that work on the licensing proposals — originally expected to begin in 2026 — has been pushed back, delaying decisions on how the scheme will operate and when it will be introduced.

The divergence means that while Northern Ireland is now progressing with implementation of the 2026 Act, England’s regulatory framework for retail licensing remains on hold pending next year’s consultation. Enforcement bodies and retailers in Northern Ireland are being advised to begin preparation for the new offences and restrictions coming into force this autumn, with further guidance expected as additional commencement orders are made.