Amendment of the Tobacco Advertising and Promotion Act 2002U.K.
2.—(1) The Tobacco Advertising and Promotion Act 2002 M1 is amended as follows.
(2) Omit section 2(4) (prohibition of tobacco advertising in the EEA) M2.
(3) In section 3A(1) (advertising: information society services) M3—
(a)in paragraph (a), omit “or”;
(b)omit paragraph (b).
(4) In section 4(1) (advertising: exclusions) M4—
(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) M5—
(a)in subsection (1), after “section 3A(1)(a)”, omit “or (b)”;
(b)omit subsection (3A);
(c)in subsection (5)(c), for “an EEA State”, substitute “ the United Kingdom ”;
(d)omit subsection (5A).
(6) Omit section 7D(3) (displays on a website) M6.
(7) Omit section 8(1A) (displays: Scotland) M7.
(8) Omit section 9(1A) (prohibition of free distributions) M8.
(9) Omit section 11(5) (brandsharing) M9.
(10) In section 21(1) (interpretation), omit the definition of “EEA State”M10.
Commencement Information
I1Reg. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
Marginal Citations
M2Section 2(4) was substituted by S.I. 2006/2369.
M3Section 3A was inserted by S.I. 2006/2369.
M4Section 4(1) was amended by S.I. 2006/2369.
M5Section 5 was amended by S.I. 2006/2369.
M6Section 7D was inserted by section 21 of the Health Act 2009 (c.21).
M7Subsection (1A) was inserted by paragraph 4(3) of Schedule 4 to the Health Act 2009.
M8Subsection (1A) was inserted by paragraph 5(2) of Schedule 4 to the Health Act 2009.
M9Subsection (5) was substituted by paragraph 6(3) of Schedule 4 to the Health Act 2009.
M10The definition of “EEA State” was inserted by S.I. 2006/2369.