Section 4 Changes to and removal from the RegisterI1

(1)

The registration authority may correct the Register (following notification under section 3 or otherwise) as it considers appropriate.

(2)

The registration authority must amend the Register so as to remove—

(a)

references to registered premises in respect of which a restricted premises order has effect;

(b)

a person's entry from the Register where that person has, within a period of 5 years ending with the day on which the removal is made, been convicted of an offence under section 170 or 170B of the Customs and Excise Management Act 1979 in relation to F1a tobacco product or herbal smoking product and has been sentenced for that offence to a custodial sentence (whether suspended or not).

(3)

The registration authority may remove a person's entry from the Register if—

(a)

as a result of a correction or an amendment under subsection (1) or (2)(a), there are no premises noted in the person's entry in the Register; or

(b)

it is not satisfied that the person is carrying on a F2registrable business.

(4)

The registration authority must reinstate a person's entry in the Register if—

(a)

the entry was removed under subsection (3)(b); and

(b)

the person notifies the registration authority, within the period of 28 days from the date of service on that person of the notice of the removal under subsection (5), that the person is still carrying on a F3registrable business.

(5)

Where the registration authority corrects, amends, removes or reinstates a person's entry in the Register under this section, it must as soon as reasonably practicable serve a notice on the person of the correction, amendment, removal or, as the case may be, reinstatement.

Annotations

Textual amendments

F1: Words in s. 4(2)(b) substituted (29.10.2026) by Tobacco and Vapes Act 2026 (c. 18), s. 175(1), Sch. 14 para. 16
F2: Word in s. 4(3)(b) substituted (29.10.2026) by Tobacco and Vapes Act 2026 (c. 18), s. 175(8), Sch. 10 para. 6; S.R. 2026/152, art. 2(b)
F3: Word in s. 4(4)(b) substituted (29.10.2026) by Tobacco and Vapes Act 2026 (c. 18), s. 175(8), Sch. 10 para. 6; S.R. 2026/152, art. 2(b)

Commencement

I1: S. 4 in operation at 6.4.2016 by S.R. 2016/101, art. 2(a), Sch. 1

Notes on Register of tobacco , vaping product and nicotine product retailers

Textual amendments

F1: Words in s. 1 cross-heading inserted (29.10.2026) by Tobacco and Vapes Act 2026 (c. 18), s. 175(8), Sch. 10 para. 2; S.R. 2026/152, art. 2(b)