Member

183: Schedule 16, page 163, line 15, at end insert— “(3) For subsections (15A) and (15B) substitute—“(15A) Subsection (4)(ba), (bb), (bc), (bd), (bg) and (bh) do not apply in relation to programmes the production of which began before the coming into force of paragraph 5 of Schedule 16 to the Tobacco and Vapes Act 2026.(15B) Subsection (4)(be)—(a) does not apply in relation to programmes the production of which began before 20 May 2016, and(b) in relation to the product placement of—(i) vaping substances that do not contain nicotine, or(ii) vapes which are intended solely for use with substances that do not contain nicotine, does not apply in relation to programmes the production of which began before the coming into force of paragraph 5 of Schedule 16 to the Tobacco and Vapes Act 2026.(15BA) Subsection (4)(bf)—(a) does not apply in relation to programmes the production of which began before 1 November 2020, and(b) in relation to product placement by or on behalf of an undertaking whose principal activity is the manufacture or sale of—(i) vaping substances that do not contain nicotine, or(ii) vapes which are intended solely for use with substances that do not contain nicotine,(or both) does not apply in relation to programmes the production of which began before the coming into force of paragraph 5 of Schedule 16 to the Tobacco and Vapes Act 2026.(15BB) In subsections (15B) and (15BA) “vape” and “vaping substance” have the meaning given by section 111 of the Tobacco and Vapes Act 2026.””Member’s explanatory statement This ensures that changes to the rules about product placement in on-demand services do not apply to programmes the production of which began before those changes are introduced.