The Tobacco Advertising and Promotion (Sponsorship Transitional Provisions) (Scotland) Regulations 2003

Explanatory Note

(This note is not part of the Regulations0

These Regulations, which extend to Scotland only, provide for certain transitional exceptions to the prohibition, under section 10 of the Tobacco Advertising and Promoting Act 2002 (“the Act”) on sponsorship agreements whose purpose or effect is to promote a tobacco product.

Regulation 3(1) provides that section 10 of the Act does not apply before 30th July 2003 to such an agreement which was in existence on 11th July 2001 or was renewed after 11th July 2001 provided the amount spent on sponsorship under the agreement in any 12 month period does not exceed the amount spent in the 12 months to 11th July 2001.

Regulation 3(2) provides that section 10 of the Act does not apply before 31st July 2005 to a sponsorship agreement in existence on 11th July 2001 or renewed after that date which relates to an exceptional global event. “Exceptional global event” is defined in regulation 2. That exception applies only where–

(a) the amount spent on sponsorship pursuant to the agreement was to the value of at least £2.5 million in the 12 months to 11th July 2001; and

(b) after 29th July 2003 the amount spent on the sponsorship decreases at an annual rate of not less than 20% compared to the previous year and the total area of visible advertisements at any part of the exceptional global event taking place in the United Kingdom is reduced each year by not less than 20% compared to the previous year.

A Regulatory Impact Assessment has been prepared and has been placed in the Scottish Parliament Information Centre. Copies may be obtained from the Scottish Executive Health Department, Substance Misuse Division, St Andrew’s House, Regent Road, Edinburgh EH1 3DG.