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The Tobacco Advertising and Promotion (Point of Sale) (Scotland) Regulations 2004

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6.—(1) The provisions of these Regulations which provide that no offence is committed under section 2 of the Act do not apply to an advertisement which–

(a)is displayed electronically on a screen or contains a moving image or a moving background, or an image or background which changes colour or is illuminated by flashing lights; or

(b)is, or is designed or adapted to be, accompanied by any sound or smell.

(2) The provisions of these Regulations which provide that no offence is committed under section 2 of the Act apply only to advertisements which remain fixed in a static position.

(3) Where by virtue of any provision of these Regulations a person does not commit an offence under section 2 of the Act by the publication of an advertisement in a place, no offence is committed by any person who–

(a)causes that advertisement to be published in that place; or

(b)prints, devises or distributes that advertisement for use in that place or causes it to be so printed, devised or distributed.

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