2004 No. 546 (C.41)

CONSUMER PROTECTION

The Tobacco Advertising and Promotion Act 2002 (Commencement No. 8) (Scotland) Order 2004

Made

The Scottish Ministers, in exercise of the powers conferred by section 22(1) and (2) of the Tobacco Advertising and Promotion Act 20021 and all other powers enabling them in that behalf, hereby make the following Order:

Citation, extent and interpretation1

1

This Order may be cited as the Tobacco Advertising and Promotion Act 2002 (Commencement No. 8) (Scotland) Order 2004.

2

This Order extends to Scotland only.

3

In this Order “the Act” means the Tobacco Advertising and Promotion Act 2002.

Appointed days2

1

21st December 2004 is the appointed day for the coming into force of section 2 of the Act in the case of a tobacco advertisement which is, or is to be, published, printed, devised or distributed solely for the purposes of the promotion of a tobacco product in a place where tobacco products are offered for sale.

2

31st July 2005 is the appointed day for the coming into force of–

a

section 2 of the Act, other than in the case of a tobacco advertisement which is, or is to be, published, devised or distributed solely for the purpose of the promotion of a tobacco product on a website where tobacco products are offered for sale; and

b

sections 3, 9 and 10 of the Act in so far as those sections are not already in force.

RHONA BRANKINParliamentary Under Secretary of StateDepartmentSt Andrew’s House, Edinburgh

(This note is not part of the Order)

This Order, which extends to Scotland only, brings into force the remaining provisions of the Tobacco Advertising and Promotion Act 2002 (“the Act”), except for section 2 in relation to website advertising. Certain provisions have already been brought into force in Scotland by three earlier commencement orders (S.S.I. 2002/512, S.S.I. 2003/80 and S.S.I. 2003/113).

Article 2(1) of this Order commences, on 21st December 2004, section 2 of the Act in respect of tobacco advertising in places where tobacco products are offered for sale.

Article 2(2) of this Order commences on 31st July 2005–

a

section 2 of the Act for all purposes other than website advertising; and

b

sections 3, 9 and 10 in so far as those sections are not already in force.

(This note is not part of the Order)

The following provisions of the Act have been brought into force by commencement orders made before the date of this Order.

Commencement Order

Provisions

Date of Commencement

S.I. Number

Commencement Order No. 1 (does not apply to Scotland)

Section 1 (partially)

20th November 2002

2002/28652

Section 1

14th February 2003

Section 2 (partially)

14th February 2003

Section 2 (partially)

14th May 2003

Section 3 (partially)

14th February 2003

Section 4(1) and (2)

14th February 2003

Section 4(3) and (4) (partially)

20th November 2002

Sections 5 to 8

14th February 2003

Section 9 (partially)

14th February 2003

Section 9 (partially)

14th May 2003

Section 10 (partially)

14th February 2003

Section 11(1) to (3) (partially)

20th November 2002

Section 11(4)

14th February 2003

Sections 12 to 18

14th February 2003

Section 19 (partially)

20th November 2002

Section 20 (partially)

20th November 2002

Section 21 (partially)

20th November 2002

Section 21

14th February 2003

Commencement Order No. 2 (applies only to Scotland)

section 1 (partially)

20th November 2002

2002/5123

section 1

14th February 2003

section 2 (partially)

14th February 2003

section 2 (partially)

14th May 2003

section 3

14th February 2003

section 4(1) and (2)

14th February 2003

section 4(3) and (4) (partially)

20th November 2002

sections 5 to 8

14th February 2003

section 9 (partially)

14th February 2003

section 9 (partially)

14th May 2003

section 10

14th February 2003

section 11(1) to (3) (partially)

20th November 2002

section 11(4)

14th February 2003

sections 12 to 18

14th February 2003

Section 19

12th February 2003

section 20 (partially)

20th November 2002

section 21 (partially)

20th November 2002

section 21

14th February 2003

Commencement Order No. 3 (does not apply to Scotland)

Section 19

11th February 2003

2003/258

Commencement Order No. 5 (applies only to Scotland)

section 4(3) and (4)

25th February 2003

2003/113

section 11(1) to (3)

25th February 2003

section 20

25th February 2003

Commencement Order No. 6 (does not apply to Scotland)

Section 4(3) and (4)

26th February 2003

2003/396

Section 11(1) to (3)

26th February 2003

Section 20

26th February 2003

Commencement Order No. 7 (does not apply to Scotland)

section 2 (partially)

21st December 2004

2004/3138

Section 2 (partially)

31st July 2005

Section 3

31st July 2005

Section 9

31st July 2005

Section 10

31st July 2005