UK: RIPA Amendment Order 2026 Expands Powers for Tobacco, Vapes Offences

• The Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) (Amendment) Order 2026 has been enacted.
• This Order amends the 2010 Regulation of Investigatory Powers Order to incorporate new offences from the Tobacco and Vapes Act 2026.
• The Tobacco and Vapes Act 2026 introduces new offences concerning the sale and proxy purchase of tobacco products, herbal smoking products, cigarette papers, vaping products, and nicotine products.
• Law enforcement can now use directed surveillance and covert human intelligence sources to investigate these new tobacco and vaping offences.

Law enforcement can now use directed surveillance and covert human intelligence sources to investigate these new tobacco and vaping offences.

A significant legislative update, the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) (Amendment) Order 2026, has been enacted to expand the scope of investigatory powers concerning new offences related to tobacco and vaping products. This new Order, identified as S.I. 2026/956, directly modifies the existing Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010 (S.I. 2010/521), often referred to as the 2010 Order.

The primary impetus for this amendment stems from the recent passage of the Tobacco and Vapes Act 2026, designated as chapter 18 of the statutes. This foundational Act introduces a series of novel criminal offences that target specific activities within the tobacco and vaping sectors. These new prohibitions are comprehensive, addressing both the direct sale of certain items and the act of purchasing them on behalf of other individuals.

The range of products implicated by these new offences is broad, encompassing traditional tobacco products, herbal smoking products, and cigarette papers. Crucially, the legislation also extends its reach to modern nicotine delivery systems, specifically including vaping products and other nicotine products. This expansion means that activities related to these items, if they fall under the newly defined offences, can now be subject to more intrusive investigative techniques.

The 2010 Order, which the new 2026 amendment modifies, is a key component of the broader Regulation of Investigatory Powers Act (RIPA) framework. This framework governs how public authorities can lawfully conduct surveillance and use covert methods to gather intelligence. Specifically, the 2010 Order details the procedures and authorizations required for two distinct categories of investigatory powers: directed surveillance and the deployment of covert human intelligence sources.

Directed surveillance involves covert observation of individuals in a way that is not intrusive enough to be considered intrusive surveillance, but is still planned and carried out for a specific investigation or operation. Covert human intelligence sources, often referred to as CHIS, involve individuals who establish or maintain a relationship with another person for the purpose of obtaining or providing information in a covert manner. The application of these sophisticated tools to the new tobacco and vaping offences signifies a heightened level of enforcement capability.

By explicitly reflecting the Tobacco and Vapes Act 2026, the amendment ensures that law enforcement agencies now have the legal authority to employ these advanced investigatory techniques when probing alleged breaches of the new UK tobacco vaping offences. This integration means that activities previously investigated through more conventional means may now trigger the use of methods like Directed Surveillance Order 2026 provisions or the deployment of Covert Human Intelligence Sources 2026, fundamentally altering the landscape of enforcement in this area.

The introduction of the RIPA Amendment Order 2026 tobacco vapes marks a significant shift for businesses and individuals operating within the tobacco and vaping industries. The application of directed surveillance and covert human intelligence sources to the new offences under the Tobacco and Vapes Act 2026 means that potential violations will be subject to a far more robust and sophisticated investigative approach than before. This development underscores an increased commitment by authorities to enforce the new regulations effectively.

Legal professionals advising businesses in these sectors, as well as those specializing in criminal defence, must be acutely aware of these expanded powers. The potential for law enforcement scrutiny has broadened considerably, meaning that activities related to the sale or proxy purchase of tobacco products, herbal smoking products, cigarette papers, vaping products, and nicotine products could now be investigated using methods that were previously reserved for more serious or complex criminal activities. This change necessitates a thorough review of compliance protocols and a heightened vigilance regarding operational practices.

Ultimately, the amendment signals a new era of enforcement for UK tobacco vaping offences. The integration of RIPA 2010 amendment 2026 provisions into the investigative toolkit for these new prohibitions means that businesses and individuals must operate with a clear understanding that their activities could be subject to covert monitoring and intelligence gathering, elevating the risk profile associated with non-compliance.

Lawyers advising businesses in the tobacco and vaping sectors, or those dealing with criminal defence, must be aware that the new offences introduced by the Tobacco and Vapes Act 2026 are now subject to investigatory powers under RIPA, including directed surveillance and the use of covert human intelligence sources. This expands the potential for law enforcement scrutiny in this area.

Source: Original reporting via UK Government Legislation