The Tobacco Products and Nicotine Inhaling Products (Amendment etc.) (EU Exit) Regulations 2019

Document Number:2019 No. 41
 
FREE EXCERPT

Statutory Instruments

Exiting The European Union

Consumer Protection

Public Health

Made

10 th January 2019

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 1 of Schedule 4 and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018(1).

In accordance with paragraphs 1(1) and 12(1) of Schedule 7 to that Act, a draft of these Regulations has been laid before and approved by a resolution of each House of Parliament.

In accordance with paragraph 3(1) of Schedule 4 to that Act, the Treasury has consented to the making of regulation 6(33).

PART 1 Introduction

Citation and commencement

  1. These Regulations may be cited as the Tobacco Products and Nicotine Inhaling Products (Amendment etc.) (EU Exit) Regulations 2019 and come into force on exit day.

    PART 2 Amendment of primary legislation

    Amendment of the Tobacco Advertising and Promotion Act 2002

  2. —(1) The Tobacco Advertising and Promotion Act 2002(2) is amended as follows.

    (2) Omit section 2(4) (prohibition of tobacco advertising in the EEA)(3).

    (3) In section 3 A(1) (advertising: information society services)(4)—

    (a) in paragraph (a) , omit “or”;

    (b) omit paragraph (b).

    (4) In section 4(1) (advertising: exclusions)(5)—

    (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)(6)—

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

    (b) omit subsection (3 A);

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

    (d) omit subsection (5 A).

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

    (7) Omit section 8(1 A) (displays: Scotland)(8).

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

    (9) Omit section 11(5) (brandsharing)(10).

    (10) In section 21(1) (interpretation) , omit the definition of “EEA State”(11).

    PART 3 Amendment of subordinate legislation

    Amendment of the Tobacco Advertising and Promotion (Brandsharing) Regulations 2004

  3. —(1) The Tobacco Advertising and Promotion (Brandsharing) Regulations 2004(12) are amended as follows.

    (2) In regulation 4 , in both paragraph (3)(b) and (7)(b)—

    (a) omit “or has subsequently become”;

    (b) after “European Economic Area”, insert “or which became part of the European Economic Area after that date but before exit day”.

    Amendment of the Standardised Packaging of Tobacco Products Regulations 2015

  4. —(1) The Standardised Packaging of Tobacco Products Regulations 2015(13) are amended as follows.

    (2) In regulation 2—

    (a) in paragraph (1) , for the definition of “cross-border distance sale”, substitute—

    ““cross-border distance sale”, in relation to a tobacco product, means a distance sale to a consumer where, at the time the consumer orders the product from a retailer, the consumer is located in the United Kingdom and the retailer is established in another country;”;

    (b) in paragraph (7) , omit “where the consumer is located in the United Kingdom”.

    Amendment of the Nicotine Inhaling Products (Age of Sale and Proxy Purchasing) Regulations 2015

  5. —(1) The Nicotine Inhaling Products (Age of Sale and Proxy Purchasing) Regulations 2015(14) are amended as follows.

    (2) In regulation 5(2)—

    (a) in sub-paragraph (a) , omit the words “or Article 11” to the end;

    (b) omit sub-paragraph (b).

    Amendment of the Tobacco and Related Products Regulations 2016

  6. —(1) Subject to regulation 9 , the Tobacco and Related Products Regulations 2016(15) are amended as follows.

    (2) In regulation 2(1) , for the definition of “retailer”, substitute—

    ““retailer” means a person who sells, or offers or agrees to sell, a tobacco product or related product to a consumer;”.

    (3) In regulation 3—

    (a) in paragraph (3) , omit “to a consumer located in the United Kingdom”;

    (b) for paragraph (4) , substitute—

    “(4) In these Regulations, “cross-border distance sale” means a distance sale to a consumer where, at the time the consumer orders a product from a retailer, the consumer is located in the United Kingdom and the retailer is established in another country.”.

    (4) In regulation 5 , for paragraph (3)(a) , substitute—

    “(a) one of the text warnings with the corresponding colour photograph, as listed in the picture library in Schedule A1; and”.

    (5) After regulation 5 , insert—

    “Revision of text warnings, photographs and technical specifications

    5 A. Regulations may—

    (a) amend the text warnings or photographs listed in the picture library in Schedule A1 , taking into account scientific and market developments;

    (b) modify for the purposes of these Regulations the layout, design and proportions specified in the Combined Health Warnings Decision referred to in regulation 5 , taking into...

To continue reading

REQUEST YOUR TRIAL