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The Tobacco Advertising and Promotion (Brandsharing) Regulations 2004
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- 2004 No. 1824
- Regulation 6
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6.—(1) A person who uses any feature of any product or service in circumstances set out in one or more of the exceptions in regulation 4(1) to (4) or regulation 5 does not commit an offence under section 2, 3, 9 or 10 of the Act in respect of the use of that feature.
(2) Where a person charged with an offence under section 11(4) of the Act relies on an exception under regulation 4(1) to (3) or (5) to (7) or regulation 5, he shall adduce evidence which is sufficient to raise an issue with respect to that exception.
(3) Where a person charged with an offence under section 2, 3, 9 or 10 of the Act relies on a defence provided by paragraph (1), he shall adduce evidence which is sufficient to raise an issue with respect to that defence.
(4) Where evidence is adduced under paragraph (2) or (3), the court or jury shall assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.
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