The Tobacco Advertising and Promotion (Brandsharing) Regulations 2004

Interpretation U.K.

2.  In these Regulations:

“A5 size” means the size of an area of any shape which is equal to the area of size A5 in the A series of paper sizes defined in BS EN ISO 216: 2001 M1 ;

“the Act” means the Tobacco Advertising and Promotion Act 2002;

“advertisement” means a tobacco advertisement;

“the EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 M2 as adjusted by the Protocol signed at Brussels on 17th March 1993 M3 ;

“European Economic Area” means the territory of—

(a)

the European Community; and

(b)

States which are party to, or otherwise bound by, the EEA Agreement;

“feature” means a name, emblem or other feature, whether alone or in combination;

“gantry or display unit” means any gantry, display cabinet, tray or other product in which tobacco products are held pending sale that is—

(a)

fixed to one place within fixed or movable premises; and

(b)

primarily used for the display of tobacco products to customers;

“group of companies” means a holding company and its subsidiaries within the meaning of section 736 (interpretation) of the Companies Act 1985 M4 or, as regards Northern Ireland, Article 4 (introductory and interpretation) of Part I of the Companies (Northern Ireland) Order 1986 M5 ;

“non-tobacco product” means any product other than a tobacco product;

“other feature”, in so far as any of the following features are neither a name nor an emblem, means a logo, trademark, symbol, motto, print, type-face, colour or pattern of colour, picture, artwork, imagery, appearance, message or other indication that constitutes all or part of the recognisable identity of a product or service;

“tobacco producer or promoter” means any producer or promoter engaged in the production or promotion of tobacco products.

Marginal Citations

M1 Copies of BS EN ISO 216: 2001 can be obtained from the British Standards Institute, 389 Chiswick High Road, London W4 4AL.

M2 Cmnd 2073.

M3 Cmnd 2183.

M4 1985 c. 6. Section 736 was substituted by the Companies Act 1989 (c. 40), section 144.

M5 S.I. 1986/1032 (N.I. 6). Article 4 was substituted by the Companies (Northern Ireland) Order 1990, S.I. 1990/1504 (N.I. 10), Article 62.