(1)Section 5 of the M1Tobacco Products Duty Act 1979 (retail price of cigarettes) is amended as follows.
(2)In subsection (1) (meaning of retail price) for the words from “shall be taken to be" to the end substitute “shall be taken to be—
(a)the higher of—
(i)the recommended price for the sale by retail at that time in the United Kingdom of cigarettes of that description, and
(ii)any (or, if more than one, the highest) retail price shown at that time on the packaging of the cigarettes in question,
or
(b)if there is no such price recommended or shown, the highest price at which cigarettes of that description are normally sold by retail at that time in the United Kingdom.”.
(3)In subsection (3) (determination of price by Commissioners), for “paragraph (a) of subsection (1)" substitute “ paragraph (b) of subsection (1) ”.
(4)In subsection (4) (reference to arbitration of Commissioners’ determination), for “subsection (1)(a)" substitute “ subsection (1)(b) ”.