The Tobacco Advertising and Promotion (Specialist Tobacconist) (Scotland) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations specify requirements for the purposes of section 6(1) of the Tobacco Advertising and Promotion Act 2002 (“the Act”). They apply to advertisements for tobacco products (other than advertisements for cigarettes or hand rolling tobacco) which are in, or fixed to the outside of, the premises of specialist tobacconists. Where a specialist tobacconist complies with section 6(1) he does not commit an offence under section 2 (prohibition of tobacco advertising) of the Act. These Regulations extend to Scotland only.

Regulation 2 requires that each advertisement to which these Regulations apply must include a health warning and health information on the NHS Smoking Helpline (paragraphs (1) to (3)). Different health warnings apply depending on whether the advertisement in question is mainly for smoking or other tobacco products (paragraph (3)). Where the advertisement exceeds 75cm², the health warning and health information must occupy an area of at least 22.5cm² and in any other case not less than 30% of the advertisement (paragraph (4)). This is consistent with the size of the warnings on packets of tobacco products. The format of the health warning and health information is specified (paragraph (5)).

A Regulatory Impact Assessment has been prepared for these Regulations and a copy 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.