The Tobacco Advertising and Promotion (Display and Specialist Tobacconists) (England) (Amendment) Regulations 2011

Statutory Instruments

2011 No. 1256

Public Health, England

The Tobacco Advertising and Promotion (Display and Specialist Tobacconists) (England) (Amendment) Regulations 2011

Made

9th May 2011

Laid before Parliament

13th May 2011

Coming into force

30th June 2011

The Secretary of State makes the following Regulations, in exercise of the powers conferred by sections 4(3), 6(A1), 7A(2), 7B(3) and 19(2) of the Tobacco Advertising and Promotion Act 2002(1):

Citation, commencement and application

1.—(1) These Regulations may be cited as the Tobacco Advertising and Promotion (Display and Specialist Tobacconists) (England) (Amendment) Regulations 2011 and come into force on 30th June 2011.

(2) These Regulations apply in relation to England.

Amendment of the Tobacco Advertising and Promotion (Display) (England) Regulations 2010

2.  The Tobacco Advertising and Promotion (Display) (England) Regulations 2010(2) are amended as follows—

(a) in regulation 1(1)(a) for “1st October 2011” substitute “6th April 2012”; and

(b) in regulation 1(1)(b) for “1st October 2013” substitute “6th April 2015”.

Amendment of the Tobacco Advertising and Promotion (Specialist Tobacconists) (England) Regulations 2010

3.  In regulation 1(1) of the Tobacco Advertising and Promotion (Specialist Tobacconists) (England) Regulations 2010(3), for “1st October 2013” substitute “6th April 2015”.

Signed by authority of the Secretary of State for Health.

Anne Milton

Parliamentary Under-Secretary of State,

Department of Health

9th May 2011

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Tobacco Advertising and Promotion (Display) (England) Regulations 2010 (the “Display Regulations”) and the Tobacco Advertising and Promotion (Specialist Tobacconists) (England) Regulations 2010 (the “Specialist Tobacconist Regulations”).

The Display Regulations provide for exemptions from the prohibition of tobacco displays imposed by section 7A(1) of the Tobacco Advertising and Promotion Act 2002 (“the Act”).

They were to come into force on 1st October 2011 for the purpose of large shops other than bulk tobacconists (as defined in the Display Regulations), and on 1st October 2013 for all other purposes.

Regulation 2 substitutes in the Display Regulations new dates for their coming into force. By virtue of these Regulations, the Display Regulations will now come into force on 6th April 2012 for the purpose of large shops other than bulk tobacconists, and on 6th April 2015 for all other purposes.

The Specialist Tobacconist Regulations make provision for exemptions in relation to specialist tobacconists from the prohibition of tobacco advertising imposed by section 2 of the Act and from the prohibition of tobacco displays imposed by section 7A of the Act. They were to come into force on 1st October 2013.

Regulation 3 substitutes in the Specialist Tobacconist Regulations a new date for their coming into force. By virtue of these Regulations, the Specialist Tobacconist Regulations will now come into force on 6th April 2015.

A full impact assessment was prepared for the Display Regulations and the Specialist Tobacconist Regulations. Copies are published on the Department of Health website (www.dh.gov.uk) and can be obtained from the Tobacco Programme, Department of Health, 7th Floor, Wellington House, 133-155 Waterloo Road, London SE1 8UG.

(1)

2002 c.36. Section 4(3) was amended by S.I. 2006/2369. Sections 6(A1), 7A and 7B were inserted by the Health Act 2009 (c.21), sections 20 and 21. The Secretary of State is the “appropriate Minister” in relation to England under section 21(1) of the Tobacco Advertising and Promotion Act 2002, which was substituted by section 24 of, and paragraphs 2 and 12 of Schedule 4 to, the Health Act 2009.

(2)

S.I. 2010/445.

(3)

S.I. 2010/446.