Scottish Statutory Instruments
CONSUMER PROTECTION
Made
17th December 2004
The Scottish Ministers, in exercise of the powers conferred by section 22(1) and (2) of the Tobacco Advertising and Promotion Act 2002(1) and all other powers enabling them in that behalf, hereby make the following Order:
1.—(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.
2.—(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 BRANKIN
Parliamentary Under Secretary of State
Department
St Andrew’s House, Edinburgh
17th December 2004
(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 | 2002/2865(2) |
| 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 | 2002/512(3) |
| 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 |
2002 c. 36; “appropriate Minister” is defined in section 21.
S.S.I. 2002/512 was amended by S.S.I. 2003/80.