Tobacco Advertising and Promotion Act 2002

[^key-44849238560f0c1db654d167153b4b51]: S. 13(4) repealed (31.12.2012) by Health Act 2009 (c. 21), s. 40(1), Sch. 4 para. 7(4), Sch. 6; S.I. 2012/2647, art. 2(b)

[^key-26755b4fcb4284287bb69e2420f4e1db]: Act modified (S.) (29.4.2013 for specified purposes) by The Sale of Tobacco (Display of Tobacco Products and Prices etc.) (Scotland) Regulations 2013 (S.S.I. 2013/85), regs. 1(1), 17

[^key-a129d2f2df0e36d3005adefeceb22ef8]: Ss. 7A-7D inserted (12.11.2009 for specified purposes, 6.4.2012 for E. for specified purposes, 31.10.2012 for N.I. for specified purposes) by Health Act 2009 (c. 21), ss. 21, 40(1), 40(6)(b); S.I. 2010/1068, art. 2(1A)(a) (as amended (9.5.2011) by S.I. 2011/1255, art. 2(a)(b)); S.R. 2012/389, art. 2(1)(a)

[^key-26b71e6ca1b0993e6c5f6936d89d1ba6]: S. 7A(1) restricted (N.I.) (6.4.2015) by The Tobacco Advertising and Promotion (Specialist Tobacconists) Regulations (Northern Ireland) 2012 (S.R. 2012/244), regs. 1(1), 3 (with reg. 4)

[^key-16f7654a9905815e560c09e989afe1e2]: S. 7A(1) restricted (N.I.) (31.10.2012 for specified purposes, 6.4.2015 in so far as not already in force) by The Tobacco Advertising and Promotion (Display) Regulations (Northern Ireland) 2012 (S.R. 2012/246), art. 1(1), regs. 4-7 (with reg. 1(2))

[^key-8a355f8eb90bee31f11de6cee6bc8a61]: S. 2 restricted (N.I.) (6.4.2015) by The Tobacco Advertising and Promotion (Specialist Tobacconists) Regulations (Northern Ireland) 2012 (S.R. 2012/244), regs. 1(1), 2 (with reg. 4)

[^key-e83050732969ac9afdb9824129e42ca6]: S. 2 restricted (31.10.2012 for specified purposes, 6.4.2015 in so far as not already in force) by The Tobacco Advertising and Promotion (Display) Regulations (Northern Ireland) 2012 (S.R. 2012/246), art. 1(1)reg. 9 (with reg. 1(2))

[^key-5ca1b4ed3dd46d834614fffac69b9aba]: S. 6(A1) inserted (12.11.2009 for specified purposes, 6.4.2015 in so far as not already in force) by Health Act 2009 (c. 21), ss. 20, 40(1), 40(6)(b); S.I. 2010/1068, art. 2(2)(a) (as amended (9.5.2011) by S.I. 2011/1255, art. 2(c)); S.R. 2012/389, art. 2(2)(a); S.I. 2012/1288, art. 3(a)

[^key-c076e155d7b147e45f52fa8ce238b4df]: Words in s. 6(1)(a) inserted (6.4.2015) by Health Act 2009 (c. 21), s. 40(1), Sch. 4 para. 3(2); S.I. 2010/1068, art. 2(2)(c)(ii) (as amended (9.5.2011) by S.I. 2011/1255, art. 2(c)); S.R. 2012/389, art. 2(2)(c)(ii); S.I. 2012/1288, art. 3(c)(ii)

[^key-1889f635056cb1f33d1c4bbc80b604ad]: Word in s. 6(4) inserted (6.4.2015) by Health Act 2009 (c. 21), s. 40(1), Sch. 4 para. 3(3); S.I. 2010/1068, art. 2(2)(c)(ii) (as amended (9.5.2011) by S.I. 2011/1255, art. 2(c)); S.R. 2012/389, art. 2(2)(c)(ii); S.I. 2012/1288, art. 3(c)(ii)

[^key-663d33b53eef1d0f9f4bcae53c2013e6]: Words in s. 8(1) inserted (6.4.2015 for E.) by Health Act 2009 (c. 21), s. 40(1), Sch. 4 para. 4(2); S.I. 2010/1068, art. 2(2)(c)(iii) (as amended (9.5.2011) by S.I. 2011/1255, art. 2(c))

[^key-e463d862c774cf857ad868a1e59e949f]: Word in s. 8 heading inserted (6.4.2015) by Health Act 2009 (c. 21), s. 40(1), Sch. 4 para. 4(5); S.I. 2010/1068, art. 2(2)(c)(iii) (as amended (9.5.2011) by S.I. 2011/1255, art. 2(c)); S.R. 2012/389, art. 2(2)(c)(iii); S.I. 2012/1288, art. 3(c)(iii)

[^key-68e518b16f6b9d2de428bde634924754]: S. 2(4) omitted (31.12.2020) by virtue of The Tobacco Products and Nicotine Inhaling Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/41), regs. 1, 2(2); 2020 c. 1, Sch. 5 para. 1(1)

[^key-239258b2f553ea7a08527b9ee4f6ba92]: Word in s. 3A(1)(a) omitted (31.12.2020) by virtue of The Tobacco Products and Nicotine Inhaling Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/41), regs. 1, 2(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-057fe9f9513fedf49bed5aa8aadeda27]: S. 3A(1)(b) omitted (31.12.2020) by virtue of The Tobacco Products and Nicotine Inhaling Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/41), regs. 1, 2(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-c367eb0f964ee20fad2630ad8221198a]: Words in s. 4(1)(c) substituted (31.12.2020) by The Tobacco Products and Nicotine Inhaling Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/41), regs. 1, 2(4)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

[^key-3fa1f6b1a1f9e5eaa0f349cea50abeaf]: Words in s. 4(1)(c) substituted (31.12.2020) by The Tobacco Products and Nicotine Inhaling Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/41), regs. 1, 2(4)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

[^key-e0c6df8d74857bd7f2f9d0128243f330]: Words in s. 4(1)(d) substituted (31.12.2020) by The Tobacco Products and Nicotine Inhaling Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/41), regs. 1, 2(4)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

[^key-d6f668d050493c89f693210735ed50e6]: Words in s. 4(1)(d) substituted (31.12.2020) by The Tobacco Products and Nicotine Inhaling Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/41), regs. 1, 2(4)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

[^key-1ea4464ded3e49e390bc02bede0f3c9a]: Words in s. 5(1) omitted (31.12.2020) by virtue of The Tobacco Products and Nicotine Inhaling Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/41), regs. 1, 2(5)(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-9ee3bc81f85f7bd5239a1e86446ca42a]: S. 5(3A) omitted (31.12.2020) by virtue of The Tobacco Products and Nicotine Inhaling Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/41), regs. 1, 2(5)(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-f87d622532e908f993310a7d9d07a6d3]: Words in s. 5(5)(c) substituted (31.12.2020) by The Tobacco Products and Nicotine Inhaling Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/41), regs. 1, 2(5)(c); 2020 c. 1, Sch. 5 para. 1(1)

[^key-301f91ad6851a8ceb4cbb103c8f0c99b]: S. 5(5A) omitted (31.12.2020) by virtue of The Tobacco Products and Nicotine Inhaling Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/41), regs. 1, 2(5)(d); 2020 c. 1, Sch. 5 para. 1(1)

[^key-d145f7e22526e319f45c3be8fb3bb1ab]: S. 7D(3) omitted (31.12.2020) by virtue of The Tobacco Products and Nicotine Inhaling Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/41), regs. 1, 2(6); 2020 c. 1, Sch. 5 para. 1(1)

[^key-270eb9fd20869169b9e578257e4c5b36]: S. 8(1A) omitted (31.12.2020) by virtue of The Tobacco Products and Nicotine Inhaling Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/41), regs. 1, 2(7); 2020 c. 1, Sch. 5 para. 1(1)

[^key-01253e823a029582e86ee4f03f11142f]: S. 9(1A) omitted (31.12.2020) by virtue of The Tobacco Products and Nicotine Inhaling Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/41), regs. 1, 2(8); 2020 c. 1, Sch. 5 para. 1(1)

[^key-ec240e70cdb96d1b004128d2ff52e148]: S. 11(5) omitted (31.12.2020) by virtue of The Tobacco Products and Nicotine Inhaling Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/41), regs. 1, 2(9); 2020 c. 1, Sch. 5 para. 1(1)

[^key-dec553cac7c23cb9ade64048f3a83927]: Words in s. 21(1) omitted (31.12.2020) by virtue of The Tobacco Products and Nicotine Inhaling Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/41), regs. 1, 2(10); 2020 c. 1, Sch. 5 para. 1(1)

Advertising: information society services

3A

• (1) This subsection applies where by means of an information society service, provided in the course of a business, a tobacco advertisement is published—

• (a) in the United Kingdom, ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) Where subsection (1) applies—

• (a) any proprietor of the information society service or any editor of the information contained in the information society service is guilty of an offence, and

• (b) any person who (directly or indirectly) procured the inclusion of the tobacco advertisement in the information contained in the information society service is guilty of an offence.

Advertising: exclusions

Advertising: defences

Developments in technology

Commencement, short title and extent

SCHEDULE

Interpretation

1

In this Schedule—

• “recipient of the service” means any person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible; and

• “relevant offence” is an offence under section 2, 3A , 7D, 8, 9 or 11.

Exceptions for mere conduits

2

• (1) A service provider is not capable of being guilty of a relevant offence in respect of anything done in the course of providing so much of an information society service as consists in—

• (a) the provision of access to a communication network, or

• (b) the transmission in a communication network of information provided by a recipient of the service,

if the transmission condition is satisfied.

• (2) The transmission condition is that the service provider does not—

• (a) initiate the transmission,

• (b) select the recipient of the transmission, or

• (c) select or modify the information contained in the transmission.

• (3) Sub-paragraph (1)(b) does not apply if the information is information to which paragraph 3 applies.

• (4) For the purposes of this paragraph, the provision of access to a communication network and the transmission of information in the network includes automatic, intermediate and transient storage of information for the purpose of carrying out the transmission in the network.

• (5) Sub-paragraph (4) does not apply if the information is stored for longer than is reasonably necessary for the transmission.

Exception for caching

3

• (1) This paragraph applies to information which—

• (a) is provided by a recipient of an information society service, and

• (b) is the subject of automatic, intermediate and temporary storage which is solely for the purpose of making the onward transmission of the information to other recipients of the service at their request more efficient.

• (2) A service provider is not capable of being guilty of a relevant offence in respect of anything done in the course of providing so much of an information society service as consists in the transmission in a communication network of information to which this paragraph applies if—

• (a) the service provider does not modify the information;

• (b) he complies with any conditions attached to having access to the information;

• (c) in a case to which sub-paragraph (3) applies, the service provider expeditiously removes the information or disables access to it.

• (3) This sub-paragraph applies if the service provider obtains actual knowledge that—

• (a) the information at the initial source of the transmission has been removed from the network, or

• (b) access to it has been disabled.

Exception for hosting

4

• (1) A service provider is not capable of being guilty of a relevant offence in respect of anything done in the course of providing so much of an information society service as consists in the storage of information provided by a recipient of the service if—

• (a) the service provider did not know when the information was provided that it contained offending material, or

• (b) upon obtaining actual knowledge that the information contained offending material, the service provider expeditiously removed the information or disabled access to it.

• (2) Offending material is material the storage of which would constitute a relevant offence.

7A

• (1) A person who in the course of a business displays tobacco products, or causes tobacco products to be displayed, in a place in England and Wales or Northern Ireland is guilty of an offence.

• (2) The appropriate Minister may by regulations provide for the meaning of “place” in this section.

• (3) The appropriate Minister may by regulations make provision for a display in a place which also amounts to an advertisement to be treated for the purposes of offences in England and Wales or Northern Ireland under this Act—

• (a) as an advertisement and not as a display, or

• (b) as a display and not as an advertisement.

7B

• (1) No offence is committed under section 7A if—

• (a) the tobacco products are displayed in the course of a business which is part of the tobacco trade,

• (b) they are displayed for the purposes of that trade, and

• (c) the display is accessible only to persons who are engaged in, or employed by, a business which is also part of that trade.

• (2) No offence is committed under section 7A if the display is a requested display to an individual aged 18 or over.

• (3) The appropriate Minister may provide in regulations that no offence is committed under section 7A if the display complies with requirements specified in the regulations.

• (4) Subsections (5) and (7) apply where a person (“D”) is charged with an offence under section 7A in a case where the display is a requested display to an individual aged under 18.

• (5) Where D is charged by reason of D having displayed the tobacco product it is a defence that—

• (a) D believed that the individual was aged 18 or over, and

• (b) either—

• (i) D had taken all reasonable steps to establish the individual's age, or

• (ii) from the individual's appearance nobody could reasonably have suspected that the individual was aged under 18.

• (6) For the purposes of subsection (5), a person is treated as having taken all reasonable steps to establish an individual's age if—

• (a) the person asked the individual for evidence of the individual's age, and

• (b) the evidence would have convinced a reasonable person.

• (7) Where D is charged by reason of D having caused the display of the tobacco product it is a defence that D exercised all due diligence to avoid committing the offence.

• (8) In this section “ a requested display ” means a display to an individual following a particular request by the individual to purchase a tobacco product, or for information about a tobacco product.

Displays on a website

7C

• (1) The appropriate Minister may by regulations make provision imposing requirements in relation to the display in a place in England and Wales or Northern Ireland in the course of a business of prices of tobacco products.

• (2) A person who displays or causes to be displayed prices of tobacco products in breach of a requirement contained in the regulations is guilty of an offence.

• (3) The regulations may, in particular, provide for the meaning of “place” in this section.

• (4) The regulations may make provision for a display of prices in a place which also amounts to an advertisement to be treated for the purposes of offences in England and Wales or Northern Ireland under this Act—

• (a) as an advertisement and not as a display of prices, or

• (b) as a display of prices and not as an advertisement.

7D

• (1) The Secretary of State may by regulations make provision imposing requirements in relation to the display in England and Wales or Northern Ireland in the course of a business of tobacco products or their prices on a website where tobacco products are offered for sale.

• (2) A person who displays or causes to be displayed tobacco products or their prices in breach of a requirement contained in the regulations is guilty of an offence.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) Nothing in subsection (2) makes it an offence for a service provider established outside the United Kingdom to do anything in the course of providing information society services.

• (5) The regulations may make provision for a relevant display of tobacco products or their prices which also amounts to an advertisement to be treated for the purposes of offences in England and Wales or Northern Ireland under this Act—

• (a) as an advertisement and not as a display, or

• (b) as a display and not as an advertisement.

• (6) In subsection (5) a “ relevant display ” means a display on a website where tobacco products are offered for sale.

Displays

Commencement, short title and extent

Prohibition of free distributions

Prohibition of sponsorship

Prohibition of free distributions

Commencement, short title and extent

Tobacco displays: exclusions and defence

Displays: prices of tobacco products

Displays: Scotland

Prohibition of sponsorship

Television and radio broadcasting

Powers of entry, etc

Transitional provisions: sponsorship

Commencement, short title and extent

Enforcement

Obstruction, etc of officers

Interpretation

Commencement, short title and extent

Advertising: defences

Specialist tobacconists

Tobacco displays: exclusions and defence

Displays: prices of tobacco products

Displays: Scotland

Prohibition of free distributions

Powers of entry, etc

Transitional provisions: sponsorship

Commencement, short title and extent