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The Tobacco Products and Nicotine Inhaling Products (Amendment etc.) (EU Exit) Regulations 2019

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Amendment of the Tobacco Advertising and Promotion Act 2002U.K.

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2.—(1) The Tobacco Advertising and Promotion Act 2002 M1 is amended as follows.

(2) Omit section 2(4) (prohibition of tobacco advertising in the EEA) M2.

(3) In section 3A(1) (advertising: information society services) M3

(a)in paragraph (a), omit “or”;

(b)omit paragraph (b).

(4) In section 4(1) (advertising: exclusions) M4

(a)in paragraph (c)—

(i)for “in a country which is not an EEA State”, substitute “ outside the United Kingdom ”;

(ii)for “one or more of the EEA States (or any part of them)”, substitute “ the United Kingdom (or any part of the United Kingdom) ”;

(b)in paragraph (d)—

(i)for “an EEA State”, substitute “ the United Kingdom ”;

(ii)for “one or more EEA States (or any part of them)”, substitute “ the United Kingdom (or any part of the United Kingdom) ”.

(5) In section 5 (advertising: defences) M5

(a)in subsection (1), after “section 3A(1)(a)”, omit “or (b)”;

(b)omit subsection (3A);

(c)in subsection (5)(c), for “an EEA State”, substitute “ the United Kingdom ”;

(d)omit subsection (5A).

(6) Omit section 7D(3) (displays on a website) M6.

(7) Omit section 8(1A) (displays: Scotland) M7.

(8) Omit section 9(1A) (prohibition of free distributions) M8.

(9) Omit section 11(5) (brandsharing) M9.

(10) In section 21(1) (interpretation), omit the definition of “EEA State”M10.

Commencement Information

I1Reg. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M2Section 2(4) was substituted by S.I. 2006/2369.

M3Section 3A was inserted by S.I. 2006/2369.

M4Section 4(1) was amended by S.I. 2006/2369.

M5Section 5 was amended by S.I. 2006/2369.

M6Section 7D was inserted by section 21 of the Health Act 2009 (c.21).

M7Subsection (1A) was inserted by paragraph 4(3) of Schedule 4 to the Health Act 2009.

M8Subsection (1A) was inserted by paragraph 5(2) of Schedule 4 to the Health Act 2009.

M9Subsection (5) was substituted by paragraph 6(3) of Schedule 4 to the Health Act 2009.

M10The definition of “EEA State” was inserted by S.I. 2006/2369.

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