Regulation 2 Amendment of the Tobacco Advertising and Promotion Act 2002

(1)

The Tobacco Advertising and Promotion Act 2002^f1 is amended as follows.

(2)

Omit section 2(4) (prohibition of tobacco advertising in the EEA)^f2.

(3)

In section 3A(1) (advertising: information society services)^f3—

(a)

in paragraph (a), omit “or”;

(b)

omit paragraph (b).

(4)

In section 4(1) (advertising: exclusions)^f4—

(a)

in paragraph (c)—

(i)

for “in a country which is not an EEA State”, substitute “outside the United Kingdom”;

(ii)

for “one or more of the EEA States (or any part of them)”, substitute “the United Kingdom (or any part of the United Kingdom)”;

(b)

in paragraph (d)—

(i)

for “an EEA State”, substitute “the United Kingdom”;

(ii)

for “one or more EEA States (or any part of them)”, substitute “the United Kingdom (or any part of the United Kingdom)”.

(5)

In section 5 (advertising: defences)^f5—

(a)

in subsection (1), after “section 3A(1)(a)”, omit “or (b)”;

(b)

omit subsection (3A);

(c)

in subsection (5)(c), for “an EEA State”, substitute “the United Kingdom”;

(d)

omit subsection (5A).

(6)

Omit section 7D(3) (displays on a website)^f6.

(7)

Omit section 8(1A) (displays: Scotland)^f7.

(8)

Omit section 9(1A) (prohibition of free distributions)^f8.

(9)

Omit section 11(5) (brandsharing)^f9.

(10)

In section 21(1) (interpretation), omit the definition of “EEA State”^f10.

Annotations

f1: 2002 c. 36.
f2: Section 2(4) was substituted by S.I. 2006/2369.
f3: Section 3A was inserted by S.I. 2006/2369.
f4: Section 4(1) was amended by S.I. 2006/2369.
f5: Section 5 was amended by S.I. 2006/2369.
f6: Section 7D was inserted by section 21 of the Health Act 2009 (c.21).
f7: Subsection (1A) was inserted by paragraph 4(3) of Schedule 4 to the Health Act 2009.
f8: Subsection (1A) was inserted by paragraph 5(2) of Schedule 4 to the Health Act 2009.
f9: Subsection (5) was substituted by paragraph 6(3) of Schedule 4 to the Health Act 2009.
f10: The definition of “EEA State” was inserted by S.I. 2006/2369.