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

PART 2 Amendment of primary legislation

Amendment of the Tobacco Advertising and Promotion Act 2002

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

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

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

(a) in paragraph (a), omit “or”;

(b) omit paragraph (b).

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

(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)(5)—

(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)(6).

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

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

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

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

(1)

2002 c. 36.

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(7)

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

(8)

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

(9)

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

(10)

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