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Regulation 20A SanctionsF1

(1)

A person who contravenes regulation 6(1) is liable to sanctions in accordance with regulations 20B and 21(2).

(2)

For the purposes of these Regulations—

(a)

a Category A contravention means supplying 99 or fewer units of tobacco products in contravention of paragraph (1);

(b)

a Category B contravention means supplying 100 or more such units of tobacco products but fewer than 300;

(c)

a Category C contravention means supplying 300 or more such units of tobacco products but fewer than 500;

(d)

a Category D contravention means supplying 500 or more such units of tobacco products;

(e)

a second contravention is one that occurs before the end of 24 months beginning with the date of the first contravention;

(f)

a third contravention is one that occurs before the end of 24 months beginning with the date of the second contravention;

(g)

a subsequent contravention is any contravention that occurs after the third contravention and before the end of 24 months beginning with the date of a previous contravention.

(3)

For the purposes of this regulation—

(a)

the date of a contravention is the date on which the supply of products in contravention of regulation 6(1) is discovered by—

(i)

the Commissioners; or

(ii)

a person investigating compliance in accordance with regulation 24A;

(b)

where a person contravenes regulation 6(1) and that contravention occurs more than 24 months after any previous contravention, that contravention is a first contravention for the purposes of this regulation;

(c)

in determining whether a contravention is a second, third or subsequent contravention, no account is to be taken of a previous contravention in respect of which a penalty under regulation 20B was not imposed.

(4)

In this regulation “unit of tobacco products” means—

(a)

20 cigarettes (whether or not they are packaged in packs of 20); or

(b)

30 grams of hand-rolling tobacco.

Annotations

Textual amendments

F1

Regs. 20A-20C inserted (20.7.2023) by The Tobacco Products (Traceability and Security Features) (Amendment) Regulations 2023 (S.I. 2023/606), regs. 1, 8