What is changing
The Sale of Tobacco (Miscellaneous and Consequential Amendment) (Scotland) Regulations 2026 (SSI 2026/278) were made on 30 September 2026. They change the size rules for 2 notices that tobacco retailers in Scotland must display under the Tobacco and Primary Medical Services (Scotland) Act 2010:
- the age of sale notice that every tobacco business must display (section 8 of the 2010 Act)
- the banning order notice that a retailer must display at premises named in a banning order (section 19 of the 2010 Act)
The changes apply in Scotland only. They take effect on 2 dates: 27 November 2026 for banning order notices and 1 January 2027 for age of sale notices (regulation 1).
- Law
- SSI 2026/278. Made 30 September 2026. Scotland only
- 27 November 2026
- Banning order notice at least 420mm by 594mm (A2). Heading characters at least 18mm high, rest of the statement at least 10mm
- 1 January 2027
- Age of sale notice still at least 297mm by 420mm (A3). Each character of the statement at least 21mm high (previously 36mm)
- New wording from 1 January 2027
- It is illegal to sell tobacco products to anyone born on or after 1 January 2009
- Penalty for not displaying either notice
- Fine up to level 3 on the standard scale (£1,000)
Age of sale notice from 1 January 2027
If you carry on a tobacco business in Scotland you must already display a notice stating the age of sale in a prominent position where it is readily visible at the point of sale (section 8 of the 2010 Act).
From 1 January 2027 the Tobacco and Vapes Act 2026 changes the statement on that notice to: It is illegal to sell tobacco products to anyone born on or after 1 January 2009 (section 52(5) of the 2026 Act). The new regulations do not change the wording. They change the size of the text so the longer statement fits on the notice.
From 1 January 2027 (regulation 3, amending the Sale of Tobacco (Display of Warning Statements) (Scotland) Regulations 2011):
- the notice must still be at least 297mm by 420mm (A3)
- no character of the statement may be less than 21mm high, down from 36mm
These are the same minimum sizes as the age of sale notice in England. Keep your current notice up until 31 December 2026, then replace it with one showing the new wording.
Banning order notice from 27 November 2026
A council can ask the sheriff to ban a person from carrying on a tobacco or vape business at named premises after repeated enforcement action (section 15 of the 2010 Act). If you still run a retail business at those premises, you must display a notice saying that the premises are covered by a banning order and how long the order lasts. It must be readily visible at every point of sale used for these products in the 2 months before the order, and be up within 14 days of the order being made (section 19).
From 27 November 2026 (regulation 2, amending the Sale of Tobacco (Register of Tobacco Retailers) Regulations 2010):
- the notice must be at least 420mm by 594mm (A2), up from 297mm by 420mm
- no character in the heading of the statement may be less than 18mm high, and no character in the rest of the statement less than 10mm high. Previously every character had to be at least 36mm
The explanatory note to the regulations says the new sizes apply to all banning order notices from 27 November 2026, including notices for banning orders made before 29 October 2026. If your premises are already covered by an order, your current notice will need replacing.