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The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020

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Amendment of the Electronic Cigarettes etc. (Fees) Regulations 2016

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6.—(1) The Electronic Cigarettes etc. (Fees) Regulations 2016(1) are amended as follows.

(2) In regulation 1, for paragraph (2) substitute—

(2) In these Regulations—

“the 2016 Regulations” means the Tobacco and Related Products Regulations 2016;

“GB travel retail sector” and “NI travel retail sector” have the meanings given in the 2016 Regulations (see regulation 2 of those Regulations);

“supply” has the meaning that it has for the purposes of the 2016 Regulations (see regulation 3 of those Regulations).

(3) For the purposes of these Regulations, the relevant areas are—

(a)Great Britain (including the GB travel retail sector), and

(b)Northern Ireland (including the NI travel retail sector)..

(3) In regulation 2, after paragraph (1), insert—

(1A) But only one fee is payable where a person—

(a)submits a notification under regulation 31(1) of the 2016 Regulations of the supply, or intended supply, of a product in one of the relevant areas, and

(b)submits a notification under regulation 31(1) of the 2016 Regulations of the supply, or intended supply, of the same product in the other relevant area ..

(4) In regulation 3—

(a)after paragraph (1), insert—

(1A) But only one annual fee is payable for a product which is notified under regulation 31(1) of the 2016 Regulations for supply, or intended supply, in both of the relevant areas.;

(b)after paragraph (6), insert—

(7) But where a product has been notified under regulation 31(1) of the 2016 Regulations for supply, or intended supply, in both of the relevant areas, the annual fee ceases to be payable only if the Secretary of State is notified under regulation 31(8) of those Regulations that the product has been withdrawn from the market in Great Britain and from the market in Northern Ireland..

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