The Tobacco Products (Traceability and Security Features) Regulations 2019

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Meaning of tobacco products supplied in [F1any part of] the United KingdomU.K.

This section has no associated Explanatory Memorandum

3.—(1) For the purposes of these Regulations, tobacco products are supplied in [F2any part of] the United Kingdom if F3... a person—

(a)supplies the product—

(i)for consumption in [F4any part of] the United Kingdom or through the [F5travel retail sector], or

(ii)with a view to it being supplied for consumption in [F6any part of] the United Kingdom or through the [F7travel retail sector],

(b)offers or agrees to supply it in those circumstances, F8...

(c)exposes or possesses it for supply in those circumstances [F9, or

(d)causes or allows the supply of tobacco products at a facility,]

and “supply in [F10any part of] the United Kingdom” is to be construed accordingly.

[F11(1A) For the purposes of paragraph (1)(d) a person who causes or allows the supply of tobacco products at a facility includes—

(a)the holder of the EOID, if there is an EOID linked to the facility; and

(b)the person who is responsible for the facility where the supply occurred, and for this purpose the person responsible for the facility is the person who—

(i)is entitled to control its use,

(ii)is entrusted with its management, or

(iii)is otherwise in charge of it.]

[F12(2) In the case of a cross-border distance sale of a product, the product is to be treated for the purposes of these Regulations—

(a)where the consumer is located in Great Britain, as supplied and presented for retail sale in Great Britain;

(b)where the consumer is located in Northern Ireland, as supplied and presented for retail sale in Northern Ireland.

(3) In this regulation, cross-border distance sale” means—

(a)in relation to Great Britain, a distance sale to a consumer (“C”) where, at the time C orders a product from a retailer, C is located in Great Britain and the retailer is established outside Great Britain;

(b)in relation to Northern Ireland, a distance sale to a consumer (“C”) where, at the time C orders a product from a retailer, C is located in Northern Ireland and the retailer is established outside Northern Ireland.]

Textual Amendments

F1Words in reg. 3 heading inserted (31.12.2020) by The Tobacco Products (Traceability System and Security Features) (Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1496), reg. 1(2), Sch. 3 para. 4 (with regs. 8, 9, 10(2)-(5), 11, 12)

F2Words in reg. 3(1) inserted (31.12.2020) by The Tobacco Products (Traceability System and Security Features) (Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1496), reg. 1(2), Sch. 3 para. 5(a)(i) (with regs. 8, 9, 10(2)-(5), 11, 12)

F3Words in reg. 3(1) omitted (20.7.2023) by virtue of The Tobacco Products (Traceability and Security Features) (Amendment) Regulations 2023 (S.I. 2023/606), regs. 1, 4(2)(a)

F4Words in reg. 3(1)(a)(i) inserted (31.12.2020) by The Tobacco Products (Traceability System and Security Features) (Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1496), reg. 1(2), Sch. 3 para. 5(a)(ii)(aa) (with regs. 8, 9, 10(2)-(5), 11, 12)

F5Words in reg. 3(1)(a)(i) substituted (31.12.2020) by The Tobacco Products (Traceability System and Security Features) (Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1496), reg. 1(2), Sch. 3 para. 5(a)(ii)(bb) (with regs. 8, 9, 10(2)-(5), 11, 12)

F6Words in reg. 3(1)(a)(ii) inserted (31.12.2020) by The Tobacco Products (Traceability System and Security Features) (Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1496), reg. 1(2), Sch. 3 para. 5(a)(ii)(aa) (with regs. 8, 9, 10(2)-(5), 11, 12)

F7Words in reg. 3(1)(a)(ii) substituted (31.12.2020) by The Tobacco Products (Traceability System and Security Features) (Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1496), reg. 1(2), Sch. 3 para. 5(a)(ii)(bb) (with regs. 8, 9, 10(2)-(5), 11, 12)

F8Word in reg. 3(1) omitted (20.7.2023) by virtue of The Tobacco Products (Traceability and Security Features) (Amendment) Regulations 2023 (S.I. 2023/606), regs. 1, 4(2)(b)

F9Reg. 3(1)(d) and word inserted (20.7.2023) by The Tobacco Products (Traceability and Security Features) (Amendment) Regulations 2023 (S.I. 2023/606), regs. 1, 4(2)(c)

F10Words in reg. 3(1) inserted (31.12.2020) by The Tobacco Products (Traceability System and Security Features) (Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1496), reg. 1(2), Sch. 3 para. 5(a)(iii) (with regs. 8, 9, 10(2)-(5), 11, 12)

F11Reg. 3(1A) inserted (20.7.2023) by The Tobacco Products (Traceability and Security Features) (Amendment) Regulations 2023 (S.I. 2023/606), regs. 1, 4(3)