The Tobacco Advertising and Promotion (Display) (Wales) Regulations 2012

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for exemptions from the prohibition of tobacco displays imposed by section 7A(1) of the Tobacco Advertising and Promotion Act 2002 (“the Act”).

These Regulations do not apply to specialist tobacconists (regulation 1(3)).

Regulation 1 provides that these Regulations will come into force on 3 December 2012 for large shops, other than bulk tobacconists, and on 6 April 2015 for all other purposes.

Regulation 3 defines the meaning of “place” (“lle”) for the purposes of section 7A of the Act (prohibition of tobacco displays). It is defined as meaning premises in Wales where tobacco products are offered for sale in the course of a business, other than premises which are accessible only by persons engaged in or employed by, the tobacco trade and which do not display the prices of tobacco products on the outside of the premises.

Regulation 4 applies when there is a display of tobacco products to an individual following a particular request by the individual to purchase a tobacco product, or for information about a tobacco product; this is a “requested display” (“arddangosiad sy'n destun cais”) as defined in section 7B(8) of the Act (tobacco displays: exclusions and defence). No offence will be committed by a display of tobacco products to persons other than the individual who requested the display if the requirements in regulation 4 are met.

Regulation 5 allows for displays of tobacco products in “bulk tobacconists”. “Bulk tobacconists” (“swmpwerthwyr tybaco”) are defined (in regulation 2) to mean shops that do not sell cigarettes or hand-rolling tobacco in small units. Tobacco products may be displayed if they are in an area of the shop containing only tobacco products and smoking accessories and the requirements of regulation 5 are met.

Regulation 6(1) allows for the display of tobacco products in a storage unit if the display complies with the requirements of regulation 6(2). The activities referred to in regulation 6(2)(a) are set out in regulation 6(3). Regulation 6(2)(b) sets a limit of 1.5 square metres on the area of the storage unit that may be visible when the activities in regulation 6(3) are being carried out. Regulation 6(3)(g) allows an incidental display for the purpose of affixing indications on a storage unit. An “indication” (“dangosiad”) is a label or some other marker that complies with the requirements set out in regulation 8(3). Regulation 6(4) provides that it is not an offence under section 7A(1) of the Act if tobacco products are displayed during restocking if the tobacco products are being displayed only whilst they are being placed in the storage unit and the display lasts for no longer than is necessary to place the products in the storage unit.

Regulation 7 allows for displays of tobacco products where such displays are requested by duly authorised officers of enforcement authorities, police officers or customs officers acting in the course of duty.

Regulation 8 enables an indication on a storage unit of tobacco products held in the unit if the requirements in this regulation are met.

The Tobacco Advertising and Promotion (Point of Sale) Regulations 2004, which permitted certain tobacco advertisements to be published at places where tobacco products are sold, are revoked in relation to Wales. Section 2 of the Act prohibits tobacco advertising.

A draft of the Regulations has been notified to the European Commission as a technical standard, pursuant to Directive 98/34/EC of the European Parliament and of the Council (OJ No L 204, 21.7.1998, p.37) laying down a procedure for the provision of information in the field of technical standards and regulations, as amended.

The Welsh Ministers' Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Life Course Branch, Health Improvement Division, Welsh Government, Cathays Park, Cardiff, CF10 3NQ.