The Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) (Amendment) Order 2026

The Explanatory Memorandum states that the order ensures the existing enforcement regime for age-restricted products continues to function following the introduction of new offences in the Tobacco and Vapes Act 2026.

The department reports that the measure will enable Trading Standards Officers to conduct test purchasing operations, such as using covert cameras, to detect illegal sales and proxy purchasing.

Proponents argue that the measure supports the goal of creating a 'smoke-free generation' by addressing the leading preventable cause of death and disability in the UK.

The order is intended to prevent children from becoming dependent on highly addictive nicotine products by closing loopholes related to non-nicotine vapes and nicotine pouches.

The department notes that informal engagement with Trading Standards confirmed that directed surveillance is a necessary tool for enforcement in specific test purchasing scenarios.

Legal scholars may note that the order permits covert surveillance for summary offences that do not meet the standard six-month custodial sentence threshold typically required for such powers under the Regulation of Investigatory Powers Act 2000.

Civil liberties groups have historically expressed concerns regarding the use of covert surveillance by local authorities for low-level regulatory offences.

Implementation difficulties may arise from the phased commencement dates, with different surveillance authorizations becoming lawful on 29 October 2026 and 1 January 2027.

Affected retailers may face increased enforcement pressure through covert methods, leading to potential disputes over the proportionality of surveillance used in specific test purchasing operations.