{
  "url": "https://openlegislation.uk/tobacco-and-related-products-regulations-2016/regulation-41",
  "json_url": "https://openlegislation.uk/tobacco-and-related-products-regulations-2016/regulation-41.json",
  "legislation": "uksi/2016/507",
  "legislation_title": "The Tobacco and Related Products Regulations 2016",
  "legislation_url": "https://openlegislation.uk/tobacco-and-related-products-regulations-2016",
  "path": "regulation/41",
  "kind": "regulation",
  "number": "41",
  "heading": "Interpretation of Part 7",
  "text": "(1) In this Part “electronic cigarette advertisement” means an advertisement with—\n(a) the aim of promoting an electronic cigarette or refill container; or\n(b) the direct or indirect effect of promoting one.\n(2) In this Part—\n“the E-Commerce Directive” means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) ;\n“information society services”—\n(a)has the meaning given in Article 2(a) of the E-Commerce Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations ); and\n(b)is summarised in recital 17 of the E-Commerce Directive as covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”;\n“recipient” means a person who (whether for professional purposes or otherwise) uses an information society service, in particular for seeking information or making it accessible;\n“service provider” means a person providing an information society service;\n“ the Union market ” means the market of —\n(a)one or more member States,\n(b)Northern Ireland, or\n(c)Northern Ireland and one or more member States;\n“ third country ” means a country other than—\n(a)Northern Ireland, or\n(b)a member State.\n(3) For the purposes of this Part, a service provider is established in a particular EEA State, if the service provider—\n(a) effectively pursues an economic activity in that EEA State using a fixed establishment for an indefinite period; and\n(b) is a national of an EEA State, or a company or firm as mentioned in Article 54 of the Treaty on the Functioning of the European Union .\n(4) The presence or use in a particular place of equipment or other technical means of providing an information society service is not itself sufficient to constitute the establishment of a service provider.\n(5) Where it cannot be decided from which of a number of establishments a given information society service is provided, that service is to be regarded as provided from the establishment at the centre of the service provider's activities relating to that service.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in reg. 41(2) substituted (31.12.2020) by S.I. 2019/41, reg. 6(26)(a) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(31) (with reg. 5))"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in reg. 41(2) substituted (31.12.2020) by S.I. 2019/41, reg. 6(26)(b) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(31) (with reg. 5))"
    },
    {
      "type": "M",
      "label": "M1",
      "text": "OJ L 178, 17.7.2000, p.1."
    },
    {
      "type": "M",
      "label": "M2",
      "text": "OJ L 204, 21.7.1998, p.37, as amended by Directive 98/48/EC (OJ L 217, 5.8.1998, p.18)."
    },
    {
      "type": "M",
      "label": "M3",
      "text": "Cm 7310."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2016/507/regulation/41",
    "retrieved_at": "2026-11-10T03:36:22.754234+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}