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(1)A person who is party to a sponsorship agreement is guilty of an offence if the purpose or effect of anything done as a result of the agreement is to promote a tobacco product in the United Kingdom.
(2)A sponsorship agreement is an agreement under which, in the course of a business, a party to it makes a contribution towards something, whether the contribution is in money or takes any other form (for example, the provision of services or of contributions in kind).
(3)A person does not commit an offence under this section—
(a)where it is alleged that the purpose of what was done as a result of the agreement was to promote a tobacco product in the United Kingdom, if he did not know, and had no reason to suspect, that that was its purpose, or
(b)where it is alleged that the effect of what was done as a result of the agreement was to promote a tobacco product in the United Kingdom, if he could not reasonably have foreseen that that would be its effect.
(4)A person does not commit an offence under this section if he did not know and had no reason to suspect that the contribution referred to in subsection (2) was made in the course of a business.
Modifications etc. (not altering text)
C1S. 10 restricted (E.W.N.I.) (14.2.2003) by Tobacco Advertising and Promotion (Sponsorship) Transitional Regulations 2003 (S.I. 2003/77), regs. 1(1), 3
C2S. 10 restricted (S.) (14.2.2003) by Tobacco Advertising and Promotion (Sponsorship Transitional Provisions) (Scotland) Regulations 2003 (S.S.I. 2003/34), regs. 1(1), 3(1)
Commencement Information
I1S. 10 wholly in force at 14.2.2003; s. 10 not in force at Royal Assent see s. 22(1)(2); s. 10 wholly in force at 14.2.2003 by S.I. 2002/2865, art. 2(2)(g) (with art. 3) (as amended by S.I. 2003/258, art. 2(3)-(6)) and S.S.I. 2002/512, art. 2(2)(g) (with art. 3) (as amended by S.S.I. 2003/80, art. 2(3)-(6))