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The Tobacco Advertising and Promotion (Display and Specialist Tobacconists) (England) (Amendment) Regulations 2012
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- UK Statutory Instruments
- 2012 No. 677
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EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Tobacco Advertising and Promotion (Display) (England) Regulations 2010 (the “Display Regulations”) and the Tobacco Advertising and Promotion (Specialist Tobacconists) (England) Regulations 2010 (the “Specialist Tobacconist Regulations”).
The Display Regulations provide for exemptions from the prohibition of tobacco displays imposed by section 7A(1) of the Tobacco Advertising and Promotion Act 2002 (“the Act”).
Regulation 2 amends the Display Regulations by increasing the size of temporary display permitted in consequence of a “requested display” under the Act; and by extending the exemption for temporary displays during restocking to further activities carried out in the normal course of business.
It also inserts into the Display Regulations a requirement for the Secretary of State to review the operation and effect of the Display Regulations and publish a report within five years after they come fully into force and within every five years after that. Following a review it will fall to the Secretary of State to consider whether the Display Regulations should remain as they are, or be revoked or be amended. A further instrument would be needed to revoke the Display Regulations or to amend them.
The Specialist Tobacconist Regulations make provision for exemptions in relation to specialist tobacconists from the prohibition of tobacco advertisements imposed by section 2 of the Act and the prohibition of tobacco displays imposed by section 7A of the Act. Regulation 3 corrects a minor error in these Regulations in relation to the required content of permitted tobacco advertisements; and inserts into the Specialist Tobacconist Regulations a requirement for the Secretary of State to review the operation and effect of the Specialist Tobacconist Regulations and publish a report within five years after they come fully into force and within every five years after that. Following a review it will fall to the Secretary of State to consider whether the Specialist Tobacconist Regulations should remain as they are, or be revoked or be amended. A further instrument would be needed to revoke the Specialist Tobacconist Regulations or to amend them.
A draft of these Regulations has been notified to the European Commission as a technical standard, pursuant to Directive 98/34/EC of the European Parliament and the Council (OJ No L204, 21.7.98, p37) laying down a procedure for the provision of information in the field of technical standards and regulations, as amended.
A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available on the Department of Health website at: www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsLegislation/DH_132877
An Explanatory Memorandum is available alongside the instrument on the Legislation website (www.legislation.gov.uk).
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