(1)A person who in the course of a business displays or causes to be displayed tobacco products or their prices in a place or on a website where tobacco products are offered for sale is guilty of an offence if the display does not comply with such requirements (if any) as may be specified by the appropriate Minister in regulations.
(2)It is not an offence under subsection (1) for a person who does not carry on business in [F1an EEA State] to display or cause to be displayed tobacco products or their prices by means of a website which is accessed in the United Kingdom.
(3)The regulations may, in particular, provide for the meaning of “place” in subsection (1).
(4)The regulations must make provision for a display which also amounts to an advertisement to be treated for the purpose of offences under this Act—
(a)as an advertisement and not as a display, or
(b)as a display and not as an advertisement.
Textual Amendments
F1Words in s. 8(2) substituted (28.9.2006) by Tobacco Advertising and Promotion Act 2002 (Amendment) Regulations 2006 (S.I. 2006/2369), regs. 1(1), 6(2)
Commencement Information
I1S. 8 wholly in force at 14.2.2003; s. 8 not in force at Royal Assent see s. 22(1)(2); s. 8 wholly in force at 14.2.2003 by S.I. 2002/2865, art. 2(2)(e); S.S.I. 2002/512, art. 2(2)(e)