20A.—(1) A person who contravenes regulation 6(1) is liable to sanctions in accordance with regulations 20B and 21(2).
(2) For the purposes of these Regulations—
(a)a Category A contravention means supplying 99 or fewer units of tobacco products in contravention of paragraph (1);
(b)a Category B contravention means supplying 100 or more such units of tobacco products but fewer than 300;
(c)a Category C contravention means supplying 300 or more such units of tobacco products but fewer than 500;
(d)a Category D contravention means supplying 500 or more such units of tobacco products;
(e)a second contravention is one that occurs before the end of 24 months beginning with the date of the first contravention;
(f)a third contravention is one that occurs before the end of 24 months beginning with the date of the second contravention;
(g)a subsequent contravention is any contravention that occurs after the third contravention and before the end of 24 months beginning with the date of a previous contravention.
(3) For the purposes of this regulation—
(a)the date of a contravention is the date on which the supply of products in contravention of regulation 6(1) is discovered by—
(i)the Commissioners; or
(ii)a person investigating compliance in accordance with regulation 24A;
(b)where a person contravenes regulation 6(1) and that contravention occurs more than 24 months after any previous contravention, that contravention is a first contravention for the purposes of this regulation;
(c)in determining whether a contravention is a second, third or subsequent contravention, no account is to be taken of a previous contravention in respect of which a penalty under regulation 20B was not imposed.
(4) In this regulation “unit of tobacco products” means—
(a)20 cigarettes (whether or not they are packaged in packs of 20); or
(b)30 grams of hand-rolling tobacco.]
Textual Amendments