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Tobacco Advertising and Promotion Act 2002

Section 19: Regulations

64.This section sets out further details on regulation and order-making powers. These powers cover the following areas in this Act:

(i)

advertising at point of sale (section 4(3))

(ii)

advertising within a specialist tobacconist (section 6(1)(c))

(iii)

developments in technology (section 7)

(iv)

display at point of sale (section 8(1))

(v)

distributions at nominal amounts or at a substantial discount (section 9(7))

(vi)

brandsharing (section 11)

(vii)

sponsorship (section 20).

Subsections (3) and (4) provide that the order concerning developments in technology (section 7), and the regulations on brandsharing (section 11), display (section 8) and distributions at a nominal cost or substantial discount (section 9) will be subject to the affirmative resolution procedure, which means that they will have to be debated and approved by both the House of Commons and the House of Lords (or, in the case of regulations under section 8, the Scottish Parliament). Other regulations are subject to the negative resolution procedure.

65.The Scottish Parliament will have power to make regulations covering advertising at point of sale, display, specialist tobacconists and sponsorship.

66.Nothing in this section permits the Scottish Parliament to exercise jurisdiction outside Scotland or for the Westminster Parliament to override the wishes of the Scottish Parliament where it has been agreed that the Scottish Parliament should pass delegated legislation.

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