Section 127 Specialist tobacconistsI1

A person does not commit an offence under any of sections 118 to 122 in relation to an advertisement whose purpose is or effect will be to promote a tobacco product if the advertisement—

Regulations under subsection (1) are subject to the negative resolution procedure.

In this section—

• “appropriate national authority”—

  1. (a)

     in relation to specialist tobacconists in England, means the Secretary of State,

  2. (b)

     in relation to specialist tobacconists in Wales, means the Welsh Ministers,

  3. (c)

     in relation to specialist tobacconists in Scotland, means the Scottish Ministers, and

  4. (d)

     in relation to specialist tobacconists in Northern Ireland, means the Department of Health in Northern Ireland;

• “shop” includes a self-contained part of a shop (and, in relation to a self-contained part of a shop, “premises” means that self-contained part);

• “specialist tobacconist” means a shop selling tobacco products by retail (whether or not it also sells other things) more than half of whose sales on the premises in question derive from the sale of cigars, snuff, pipe tobacco and smoking accessories.

For the purposes of determining whether a shop is a specialist tobacconist, the sales are to be measured by sale price—