Statutory Rules of Northern Ireland
2012 No. 389 (C. 38)
Public Health
The Health (2009 Act) (Commencement No. 2) Order (Northern Ireland) 2012
Made
25th October 2012
The Department of Health, Social Services and Public Safety, makes the following Order in exercise of the powers conferred by section 40(3) and (4) of the Health Act 2009(1).
Citation and interpretation
1.—(1) This Order may be cited as the Health (2009 Act) (Commencement No. 2) Order (Northern Ireland) 2012.
(2) In this Order –
“the Act” means the Health Act 2009;
“bulk tobacconist” means a shop selling tobacco products (whether or not it also sells other products) whose sales of cigarettes or hand-rolling tobacco, measured in accordance with paragraph (3), meet the following conditions—
at least 90% of its cigarette sales are in pre-packed quantities of 200 or more cigarettes in their original package, and the remainder in pre-packed quantities of 100 or more cigarettes in their original package; and
at least 90% of its hand-rolling tobacco sales are in pre-packed quantities with a weight of 250 grams or more in their original package, and the remainder in pre-packed quantities with a weight of 125 grams or more in their original package;
“large shop” means a shop which has a relevant floor area exceeding 280 square metres;
“original package” means the package in which the cigarettes or hand-rolling tobacco were supplied for the purpose of retail sale by the manufacturer or importer;
“package” means any box, carton or other container;
“relevant floor area”, in relation to a shop, means the internal floor area of so much of the shop as consists of, or is comprised in, a building but excluding any part of the shop which is used neither for the serving of customers in connection with the sale of goods nor for the display of goods; and
“specialist tobacconist” has the meaning given in section 6 of the Tobacco Advertising and Promotion Act 2002(2).
(3) The sales referred to in the definition of “bulk tobacconist” are to be measured by sale price –
(a)during the most recent period of twelve months for which accounts are available; or
(b)during the period for which the shop has been established, if it has not been established long enough for twelve months’ accounts to be available.
Appointed days
2.—(1) 31 October 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 (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)paragraph 7(3) and (4) and paragraph 7(1) in so far as it relates to those sub-paragraphs;
(iii)paragraph 8(2) and paragraph 8(1) in so far as it relates to that sub-paragraph;
(iv)paragraph 10;
(v)paragraphs 11 and 12 to the extent that they are not already in force; and
(vi)paragraph 2 in so far as it relates to the paragraphs listed in (i) to (v).
(2) 6 April 2015 is the day appointed for the coming into force of the following provisions of the Act-
(a)section 20 (prohibition of advertising: exclusion for specialist tobacconists) to the extent that it is not already in force;
(b)section 21 (prohibition of tobacco displays etc) in so far as it inserts sections 7A, 7B and 7C of the Tobacco Advertising and Promotion Act 2002, to the extent that it is not already in force;
(c)the following paragraphs of Schedule 4, and section 24 so far as it relates to those paragraphs-
(i)paragraph 2 to the extent that it is not already in force;
(ii)paragraph 3; and
(iii)paragraph 4(2) and (5) and paragraph 4(1) so far as it relates to those sub-paragraphs.
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 25th October 2012.
Dr Elizabeth Mitchell
A senior officer of the
Department of Health, Social Services and Public Safety
EXPLANATORY NOTE
(This note is not part of the Order)
This Order is the second commencement order made by the Department of Health, Social Services and Public Safety under the Health Act 2009 (“the Act”).
This Order brings into force in Northern Ireland provisions of sections 20 and 21 of the Act, which make amendments to earlier legislation in relation to tobacco. It also brings into force in Northern Ireland provisions of Schedule 4 to the Act (which makes minor and consequential amendments in relation to tobacco).
Provisions relating to the prohibition of tobacco displays and to the related exclusions and defence are commenced, to the extent that they are not already in force, on 31 October 2012 for the purpose of large shops (as defined) other than bulk tobacconists (as defined) and specialist tobacconists (as defined in section 6 of the Tobacco Advertising and Promotion Act 2002), and on 6 April 2015 for all other purposes.
Provisions relating to the display of prices of tobacco products are commenced, to the extent that they are not already in force, on 31 October 2012 for the purpose of large shops other than bulk tobacconists and specialist tobacconists, and for all other purposes on 6 April 2015.
Provisions relating to the exclusion for specialist tobacconists from the prohibition of advertising are commenced on 6 April 2015.
NOTE AS TO EARLIER COMMENCEMENT ORDERS
(This note is not part of the Order)
The provision of the Act described in the table below has been brought into force in relation to Northern Ireland by commencement order S.R. 2012 No.68 (C.9)
| Provision | Date of Commencement |
|---|---|
| Section 23 | 01.03.2012 (in so far as not already in force) |
The provisions of the Act listed in the table below have been brought into force in relation to Northern Ireland by commencement orders made by the Secretary of State.
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| Section 36 | 19.01.2010 | 2010/30 |
| Paragraph 19 of Schedule 3 | 19.01.2010 | 2010/30 |
| (and section 19 so far as it relates to that paragraph) | ||
| Schedule 6 in so far as it gives effect to the repeal relating to section 14(12) of the Tobacco Advertising and Promotion Act 2002 (c.36), and section 38 in so far as it gives effect to that provision | 06.04.2012 | 2010/1068 (c.70) as amended by 2011/1255 (c.49) |