The Health Act 2009 (Commencement No. 3) Order 2010

Citation, application, extent and interpretation

1.—(1) This Order may be cited as the Health Act 2009 (Commencement No.3) Order 2010.

(2) (a) Except as provided in this paragraph, this Order applies to England.

(b) Article 2(1)(d) has the same extent as the enactments repealed under the specified provisions of Schedule 6 to the Act.

(3) In this Order—

“the Act” means the Health Act 2009;

“bulk tobacconist” means a shop selling tobacco products (whether or not it also sells other products) whose sales of cigarettes or hand-rolling tobacco, measured in accordance with paragraph (4), meet the following conditions—

(i)

at least 90% of its cigarette sales are in pre-packed quantities of 200 or more cigarettes in their original package, and the remainder in pre-packed quantities of 100 or more cigarettes in their original package; and

(ii)

at least 90% of its hand-rolling tobacco sales are in pre-packed quantities with a weight of 250 grams or more in their original package, and the remainder in pre-packed quantities with a weight of 125 grams or more in their original package;

“large shop” means a shop which has a relevant floor area exceeding 280 square metres;

“original package” means the package in which the cigarettes or hand-rolling tobacco were supplied for the purpose of retail sale by the manufacturer or importer;

“package” means any box, carton or other container;

“relevant floor area”, in relation to a shop, means the internal floor area of so much of the shop as consists of or is comprised in a building but excluding any part of the shop which is used neither for the serving of customers in connection with the sale of goods nor for the display of goods; and

“specialist tobacconist” has the meaning given in section 6 of the Tobacco Advertising and Promotion Act 2002(1).

(4) The sales referred to in the definition of “bulk tobacconist” are to be measured by sale price—

(a) during the most recent period of twelve months for which accounts are available; or

(b) during the period for which the shop has been established, if it has not been established long enough for twelve months’ accounts to be available.

(1)

2002 c.36.