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(1).
(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.