The Health Act 2009 (Commencement No.3) (Amendment) Order 2011

Amendment of the Commencement No.3 Order 2010

2.  The Commencement No.3 Order is amended as follows—

(a) in article 1 (citation, application, extent and interpretation), for paragraph (2)(b) substitute—

“(b) paragraphs (1)(b) and (1A)(c) of article 2 have the same extent as the enactments repealed under the specified provisions of Schedule 6 to the Act.”;

(b) in article 2 (appointed days), for paragraph (1) substitute—

“2.— (1) 1st October 2011 is the day appointed for the coming into force of the following provisions of the Act—

(a) section 22 (power to prohibit sales from vending machines) to the extent that it is not already in force;

(b) Schedule 6 (repeals and revocations) in so far as it gives effect to the repeal relating to the Children and Young Persons Act 1933(1) and section 38 in so far as it gives effect to that provision.

(1A) 6th April 2012 is the day appointed for the coming into force of the following provisions of the Act—

(a) section 21 (prohibition of tobacco displays etc) to the extent that it is not already in force, in so far as it inserts sections 7A, 7B and 7C of the Tobacco Advertising and Promotion Act 2002(2)(prohibition of tobacco displays, tobacco displays: exclusions and defence and displays: prices of tobacco products), for the purpose of large shops other than bulk tobacconists and specialist tobacconists;

(b) the following paragraphs of Schedule 4, and section 24 in so far as it relates to those paragraphs—

(i) paragraph 6(2) and paragraph 6(1) in so far as it relates to that sub-paragraph;

(ii) paragraphs 7(5) and 7(6);

(iii) paragraph 10;

(iv) paragraphs 11 and 12 to the extent that they are not already in force; and

(v) paragraph 2 in so far as it relates to the paragraphs listed in (i) to (iv);

(c) Schedule 6 (repeals and revocations) in so far as it gives effect to the repeal relating to section 14(12) of the Tobacco Advertising and Promotion Act 2002(3), and section 38 in so far as it gives effect to that provision.”; and

(c) in Article 2(2), for “1st October 2013” substitute “6th April 2015”.

(1)

1933 c.12. Section 12D was inserted by the Criminal Justice and Immigration Act 2008 (c.4), section 143.

(2)

2002 c.36.

(3)

Paragraph 8(3) of Schedule 4 to the Act, which includes the corresponding amendment to section 14(12) of the Tobacco Advertising and Promotion Act 2002, is commenced under section 40(2) of the Act by the Welsh Ministers.