The Tobacco and Related Products Regulations 2016

• (b) the name of any member State to which the retailer has applied, or is intending to apply, for registration.

• (5) The Secretary of State must—

• (a) provide confirmation of registration to a retailer who complies with paragraph (2);

• (b) publish a list of retailers registered with the Secretary of State.

• (6) A retailer must not supply a relevant product to a consumer via a cross-border distance sale unless—

• (a) the retailer has received confirmation of registration from the Secretary of State and from the competent authority of any member State in which the consumer is located or in which the retailer is established;

• (b) the retailer operates an age verification system; and

• (c) prior to, or at the time of sale, the retailer's age verification system confirms that the consumer's age is not lower than the minimum age applicable for the purchase of the product in the member State in which the consumer is located.

• (7) A retailer must not supply a relevant product via a cross-border distance sale to a consumer located in a member State in which cross border distances sales are prohibited in accordance with Article 18(1) of the Tobacco Products Directive.

• (8) In this regulation—

• “age verification system” means a computing system that confirms the consumer's age electronically; and

• “confirmation of registration” means written confirmation provided by the competent authority of any member State in accordance with the requirements in that member State which implement Article 18 of the Tobacco Products Directive; and

• “relevant product” means a tobacco product, an electronic cigarette or a refill container.

PART 9 — Penalties and enforcement

Offences

48

A person is guilty of an offence if that person—

• (a) breaches a provision of

• (i) Part 2 (labelling),

• (ii) Part 3 (emissions, additives etc.) except regulation 14(3) (approved laboratories), or

• (iii) regulation 27 (no supply of products where reporting obligations not complied with);

• (b) fails to submit information to the Secretary of State in accordance with a provision of Part 4 (reporting about tobacco products) or regulation 29 (ingredients information for herbal products for smoking);

• (c) breaches regulation 28 (labelling and presentation of herbal products for smoking) or regulation 30(2) (no supply where reporting obligation not complied with);

• (d) breaches any provision of Part 6 (electronic cigarettes) except regulations 32(5) (annual reporting requirement) and 34 (Secretary of State duty to publish notifications);

• (e) breaches any provision of regulations 42, 43 or 44 (advertising and sponsorship); or

• (f) supplies a product in breach of regulation 47 (cross border distance sales of tobacco products and electronic cigarettes etc.).

False or misleading information

49

A producer or retailer is guilty of an offence if that producer or retailer provides information to a person pursuant to any obligation in these Regulations if—

• (a) the information is false or misleading in a material particular; and

• (b) the producer or retailer who provides the information either knows it to be false or misleading in a material particular, or is reckless as to whether it is false or misleading in a material particular.

Defences

50

• (1) In any proceedings for an offence under these Regulations brought against a person who supplies any tobacco product or related product in breach of these Regulations, it is a defence that the supplier exercised all due diligence to avoid committing the offence.

• (2) In any proceedings for an offence against a person under regulations 42, 43 or 44 (advertising and sponsorship) it is a defence that the person exercised all due diligence to avoid committing the offence.

• (3) In any proceedings for an offence against a person under regulations 42(1) or 43 it is a defence that the person did not know and had no reason to suspect that the advertisement was an electronic cigarette advertisement.

• (4) In proceedings for an offence against a person under regulation 42(2), it is a defence that the person did not know and had no reason to suspect that the newspaper, periodical or magazine contained an electronic cigarette advertisement.

• (5) A defendant may not, without permission of the court, rely on the defence provided by paragraph (1) or (2) on the basis that the commission of the offence was due to the act or default of another person or the defendant's reliance on information given by another person, unless the defendant has served on the prosecutor the notice mentioned in paragraph (6).

• (6) That notice is notice in writing, giving such information identifying or assisting in the identification of that other person as is in the defendant's possession and which is served not less than seven clear days before the date of the hearing.

• (7) A defendant may not rely on the defence provided by paragraph (1) or (2) by reason that the defendant relied on information given by another person, unless the defendant shows that it was reasonable in all the circumstances to have relied on that information.

Penalties

51

A person guilty of an offence under these Regulations is liable—

• (a) on summary conviction—

• (i) in England and Wales to imprisonment for a term not exceeding three months, or a fine or both, or

• (ii) in Scotland, to imprisonment for a term not exceeding twelve months, or a fine not exceeding level 5 on the standard scale, or both;

• (iii) in Northern Ireland, to imprisonment for a term not exceeding three months, or a fine not exceeding level 5 on the standard scale, or both; or

• (b) on conviction on indictment to imprisonment for a term not exceeding 2 years, or a fine, or both.

Offences by bodies corporate and Scottish partnerships

52

• (1) If an offence under these Regulations committed by a body corporate is proved—

• (a) to have been committed with the consent or connivance of an officer; or

• (b) to be attributable to any neglect on the officer's part,

the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

• (2) In paragraph (1) “officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.

• (3) If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with the member's functions of management as if that person were a director of the body corporate.

• (4) If an offence under these Regulations committed by a partnership in Scotland is proved—

• (a) to have been committed with the consent or connivance of a partner; or

• (b) to be attributable to any neglect on the partner's part,

the partner as well as the partnership is guilty of the offence and is liable to be proceeded against and punished accordingly.

• (5) In paragraph (4) “partner” includes a person purporting to act as a partner.

Enforcement

53

• (1) It is the duty of each weights and measures authority in Great Britain and each district council in Northern Ireland to enforce these Regulations within their area.

• (2) Paragraph (1) is subject to paragraphs (6) and (7).

• (3) For the purposes of paragraph (1) and (6) to (8), the provisions of parts 2, 4 and 5 (enforcement) of the Consumer Protection Act 1987 (“the 1987 Act”), except for sections 12, 13 and 27, are to apply to these Regulations as if—

• (a) these Regulations were safety regulations within the meaning of that Act; and

• (b) the persons on whom functions are conferred by this regulation were enforcement authorities within the meaning of that Act.

• (4) The reference to six months in section 14(6) of the 1987 Act (imprisonment on summary conviction not to exceed six months), as that section has effect by virtue of paragraph (1), is to be read in its application to England and Wales and Northern Ireland as a reference to three months.

• (5) In determining how to comply with paragraph (1) in relation to regulations 42 and 43 (electronic cigarette advertising), every enforcement authority must have regard to the desirability of encouraging control of advertising by such established means as it considers appropriate, having regard to all the circumstances of the particular case.

• (6) The duty under paragraph (1) in relation to the following provisions is transferred to the Secretary of State, and each weights and measures authority in Great Britain and each district council in Northern Ireland is relieved of that duty—

• (a) regulation 14(4) (measurements and verifications of emission levels);

• (b) Part 4 (Reporting), except for regulation 27;

• (c) regulation 29 (ingredients information for herbal products for smoking);

• (d) regulation 31 (notification provisions for electronic cigarettes); and

• (e) regulation 32 (annual reporting for electronic cigarettes).

• (7) The duty under paragraph (1) in relation to the following provisions is transferred to the Secretary of State, but each weights and measures authority in Great Britain and district council in Northern Ireland is not relieved of that duty—

• (a) regulation 27 (supply of tobacco products);

• (b) regulation 30(2) (supply of herbal products for smoking);

• (c) regulation 35 (supply of electronic cigarettes etc.); and

• (d) regulation 40(5) (action to protect public health).

• (8) Where paragraph (6) or (7) does not apply, the Secretary of State may direct, in relation to cases of a particular description or a particular case, that the enforcement duty is to be discharged by the Secretary of State or by the appropriate minister.

• (9) In this regulation—

PART 10 — Miscellaneous provisions

Revocation

54

The following regulations are revoked (although see regulations 55 and 56 (savings and transitional provisions))—

• (a) the Tobacco for Oral Use (Safety) Regulations 1992 ;

• (b) the 2002 Regulations; and

• (c) the Tobacco Products (Manufacture, Presentation and Sale) (Safety) (Amendment) Regulations 2007 .

Saving for tobacco product identification marking

55

• (1) Regulation 10 (product identification markings) of the 2002 Regulations continues to have effect in relation to the code marking of tobacco products until the relevant date, despite the revocation made by these Regulations.

• (2) For the purposes of paragraph (1) —

• (a) the reference in regulation 10(2) of the 2002 Regulations to the Secretary of State's functions under those Regulations, is to be read as a reference to the Secretary of State's functions under these Regulations; and

• (b) the 2002 Regulations continue to apply as if they (as amended by the Regulations referred to in regulation 54(c)) had not been revoked.

• (3) The relevant date for the purposes of paragraph (1) is—

• (a) 20th May 2019 in the case of cigarettes and hand rolling tobacco; and

• (b) 20th May 2024 in the case of any other tobacco product.

Transitional provisions

56

• (1) The provisions of Part 2 (labelling) and Part 3 (emissions and ingredients) do not apply to the supply of a tobacco product where—

• (a) the product was produced before 20th May 2016, or released for free circulation within the European Union before that date;

• (b) the supply takes place before 20th May 2017; and

• (c) the product complies with the 2002 Regulations at the time of supply.

• (2) For the purposes of paragraph (1)(c) the 2002 Regulations continue to apply as if they (as amended by the Regulations referred to in regulation 54(c)) had not been revoked.

• (3) The provisions of regulation 15 (flavoured cigarettes etc.) do not apply to menthol cigarettes until 20th May 2020.

• (4) The provisions of regulation 28 (labelling and presentation of herbal products for smoking) do not apply to the supply of a herbal product for smoking where—

• (a) the product was produced before 20th May 2016, or released for free circulation within the European Union before that date; and

• (b) the supply takes place before 20th May 2017.

• (5) The provisions of regulations 36 to 38 (product requirements etc. of electronic cigarettes) do not apply to the production of an electronic cigarette or a refill container until 20th November 2016.

• (6) The provisions of regulations 36 to 38 do not apply to the supply of an electronic cigarette or a refill container where—

• (a) the electronic cigarette or a refill container was produced before 20th November 2016, or released for free circulation within the European Union before that date; and

• (b) the supply takes place before 20th May 2017.

• (7) Regulation 42(2) (sale etc. of newspaper, periodical or magazine) does not apply to a newspaper, periodical or magazine which was published before 20thMay 2016.

Saving for product placement of electronic cigarettes in television programmes the production of which began before 20th May 2016

57

In the case of a programme the production of which began before 20th May 2016, section 319 of and Schedule 11A to, the Communications Act 2003 apply as if they had not been amended by these Regulations.

Review

58

• (1) The Secretary of State must from time to time—

• (a) carry out a review of the regulatory provision made by these Regulations; and

• (b) publish a report setting out the conclusions of the review.

• (2) The review must have regard to how the Tobacco Products Directive is implemented in other member States.

• (3) The report must, in particular—

• (a) set out the objectives intended to be achieved by the regulatory provision made by these Regulations;

• (b) assess the extent to which those objectives are achieved; and

• (c) assess whether those objectives remain appropriate, and

• (d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

• (4) The first report under this regulation must be published before 20th May 2021.

• (5) Subsequent reports must be published at intervals not exceeding five years.

• (6) In this regulation “regulatory provision” has the meaning given in section 32(4) of the Small Business, Enterprise and Employment Act 2015 .

SCHEDULE 1 — Liability of intermediary information society service providers

Mere conduits

1

• (1) A service provider does not contravene regulation 43 only by providing access to a communication network, or by transmitting, in a communication network, information provided by a recipient of the service, if 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.

• (2) For the purposes of sub-paragraph (1), the provision of access to a communication network and the transmission of information in a communication network include the automatic, intermediate and transient storage of the information transmitted if—

• (a) the storage is solely for the purpose of carrying out the transmission in the network; and

• (b) the information is not stored for longer than is reasonably necessary for the transmission.

Caching

2

• (1) A service provider does not contravene regulation 43 only by storing information provided by a recipient of the service for transmission in a communication network if the first and second conditions are met.

• (2) The first condition is that the storage of the information—

• (a) is automatic, intermediate and temporary; and

• (b) is solely for the purpose of making more efficient the onward transmission of the information to other recipients of the service at their request.

• (3) The second condition is that the service provider—

• (a) does not modify the information;

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

• (c) in a case to which sub-paragraph (4) applies, promptly removes the information or disables access to it.

• (4) 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 access to it has been disabled; or

• (b) a court or administrative authority has required the removal from the network of, or the disablement of access to, the information.

Hosting

3

• (1) A service provider does not contravene regulation 43 only by storing information provided by a recipient of the service, if—

• (a) when the information was provided, the service provider had no actual knowledge that it was, or contained, an electronic cigarette advertisement; and

• (b) where the service provider subsequently obtained such actual knowledge, the service provider promptly removed the information or disabled access to it.

• (2) Sub-paragraph (1) does not apply if the recipient of the service is acting under the authority or control of the service provider.

Signed

Signed by authority of the Secretary of State for Health.

Jane Ellison — Parliamentary Under-Secretary of State, — 2016-04-18

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1972 c.68. Section 2(2) was amended by section 27(1)(a) of the Legislative Reform Act 2006 (c.51) and section 3(3) of and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7). Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c.51) and amended by section 3(3) of and Part 1 of the Schedule to the European Union (Amendment) Act 2008. Under section 57(1) of the Scotland Act 1998 (c.46), despite the transfer to Scottish Ministers of functions in relation to implementing obligations under Community law in relation to devolved matters, the functions of the Secretary of State in relation to implementing these obligations continues to be exercisable by him as regards Scotland.

[^f00002]: S.I. 2014/2705.

[^f00003]: S.I. 2002/3041.

[^f00004]: S.I. 2002/618, amended by S.I. 2008/2936; there are other amending instruments but none are relevant.

[^f00005]: S.I. 2012/1916, to which there are amendments not relevant to these Regulations.

[^f00006]: OJ L 127, 29.4.2014, p.1 as amended by Commission Delegated Directive 2014/109/EU, OJ L 360, 17.12.2014.

[^f00007]: See Commission Delegated Directive 2014/109/EU of 10 October 2014 (OJ L 360, 17.12.2014, p.22), amending Annex II to Directive 2014/40/EU of the European Parliament and of the Council by establishing the library of picture warnings to be used on tobacco products.

[^f00008]: OJ L 267, 14.10.2015, p.5.

[^f00009]: Regulation 4(3) of the Standardised Packaging of Tobacco Products Regulations 2015 (S.I.2015/829), which implements Article 14.1 of the Tobacco Products Directive provides that a unit pack of cigarettes must be cuboid in shape.

[^f00010]: OJ L 252, 29.9.2015, p.49.

[^f00011]: See regulation 5(5).

[^f00012]: 2002 c. 36. The Tobacco Advertising and Promotion Act 2002 makes provision about the advertising of tobacco products.

[^f00013]: S.I. 2015/829.

[^f00014]: OJ L 396, 30.12.2006, p.1.

[^f00015]: OJ L 353, 31.12.2008, p.1.

[^f00016]: OJ L 312, 27.11.2015, p.5.

[^f00017]: OJ L 309, 26.11.2015, p 15.

[^f00018]: OJ L 178, 17.7.2000, p.1.

[^f00019]: OJ L 204, 21.7.1998, p.37, as amended by Directive 98/48/EC (OJ L 217, 5.8.1998, p.18).

[^f00020]: Cm 7310.

[^f00021]: See regulation 48(e).

[^f00022]: 2003 c.21. Relevant amendments were made by S.I. 2010/831.

[^f00023]: Part 4A was inserted by S.I. 2009/2979. There have been subsequent amendments, but none is relevant.

[^f00024]: 1987 c.43. Relevant amendments are made by the Consumer Rights Act 2015 c. 15.

[^f00025]: The expression “safety regulations” is defined by section 45 of the Consumer Protection Act 1987.

[^f00026]: S.I. 1992/3134.

[^f00027]: S.I. 2007/2473.

[^f00028]: 2015 c.26.

Editorial notes

[^c23130641]: 1972 c.68. Section 2(2) was amended by section 27(1)(a) of the Legislative Reform Act 2006 (c.51) and section 3(3) of and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7). Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c.51) and amended by section 3(3) of and Part 1 of the Schedule to the European Union (Amendment) Act 2008. Under section 57(1) of the Scotland Act 1998 (c.46), despite the transfer to Scottish Ministers of functions in relation to implementing obligations under Community law in relation to devolved matters, the functions of the Secretary of State in relation to implementing these obligations continues to be exercisable by him as regards Scotland.

[^c23130651]: S.I. 2014/2705.

[^c23130661]: S.I. 2002/3041.

[^c23130671]: S.I. 2002/618, amended by S.I. 2008/2936; there are other amending instruments but none are relevant.

[^c23130681]: S.I. 2012/1916, to which there are amendments not relevant to these Regulations.

[^c23130691]: OJ L 127, 29.4.2014, p.1 as amended by Commission Delegated Directive 2014/109/EU, OJ L 360, 17.12.2014.

[^c23130711]: OJ L 267, 14.10.2015, p.5.

[^c23130721]: Regulation 4(3) of the Standardised Packaging of Tobacco Products Regulations 2015 (S.I.2015/829), which implements Article 14.1 of the Tobacco Products Directive provides that a unit pack of cigarettes must be cuboid in shape.

[^c23130731]: OJ L 252, 29.9.2015, p.49.

[^c23130741]: See regulation 5(5).

[^c23130751]: 2002 c. 36. The Tobacco Advertising and Promotion Act 2002 makes provision about the advertising of tobacco products.

[^c23130761]: S.I. 2015/829.

[^c23130791]: OJ L 312, 27.11.2015, p.5.

[^c23130801]: OJ L 309, 26.11.2015, p 15.

[^c23130811]: OJ L 178, 17.7.2000, p.1.

[^c23130821]: OJ L 204, 21.7.1998, p.37, as amended by Directive 98/48/EC (OJ L 217, 5.8.1998, p.18).

[^c23130831]: Cm 7310.

[^c23130841]: See regulation 48(e).

[^c23130851]: 2003 c.21. Relevant amendments were made by S.I. 2010/831.

[^c23130861]: Part 4A was inserted by S.I. 2009/2979. There have been subsequent amendments, but none is relevant.

[^c23130871]: 1987 c.43. Relevant amendments are made by the Consumer Rights Act 2015 c. 15.

[^c23130881]: The expression “safety regulations” is defined by section 45 of the Consumer Protection Act 1987.

[^c23130891]: S.I. 1992/3134.

[^c23130901]: S.I. 2007/2473.

[^c23130911]: 2015 c.26.

[^key-b9970dbc11486a2ffc3b4049dcfc3445]: Regs. 20A, 20B inserted (1.1.2017) by The Tobacco and Related Products (Amendment) Regulations 2016 (S.I. 2016/1127), reg. 2(2)(3)

[^key-6169444e81ec87f3ae36c8db11fbb58e]: Sch. 1: Sch. renumbered as Sch. 1 (1.1.2017) by The Tobacco and Related Products (Amendment) Regulations 2016 (S.I. 2016/1127), regs. 2(2), 3(2)

[^key-5ebdd551f6a1c572456847c5e79e30e6]: Sch. 2 inserted (1.1.2017) by The Tobacco and Related Products (Amendment) Regulations 2016 (S.I. 2016/1127), regs. 2(2), 3(3)

[^key-3555a4848880037b287ea768266b195d]: Words in reg. 2 inserted (1.1.2017) by The Tobacco and Related Products (Amendment) Regulations 2016 (S.I. 2016/1127), reg. 2(2)

[^key-bf24e31eb7ec494d0055f794af7ec1ab]: Words in reg. 25(4) inserted (1.1.2017) by The Tobacco and Related Products (Amendment) Regulations 2016 (S.I. 2016/1127), reg. 2(2)(4)

[^key-59e9505cd2c9faf44440c2ae8c1a1507]: Words in reg. 26(c) inserted (1.1.2017) by The Tobacco and Related Products (Amendment) Regulations 2016 (S.I. 2016/1127), reg. 2(2)(6)

[^key-7d848e94f16f3557d1a24d80eea5da94]: Reg. 18(2A) inserted (6.4.2017) by The Tobacco Products and Herbal Products for Smoking (Fees) Regulations 2017 (S.I. 2017/409), regs. 1(1), 8(2)

[^key-8b8134ce8d473bbbd73e4131fbd70671]: Reg. 23(5) inserted (6.4.2017) by The Tobacco Products and Herbal Products for Smoking (Fees) Regulations 2017 (S.I. 2017/409), regs. 1(1), 8(3)

[^key-1d510f62e5d1b6a8d7c36cc3c9034ef9]: Reg. 27 substituted (6.4.2017) by The Tobacco Products and Herbal Products for Smoking (Fees) Regulations 2017 (S.I. 2017/409), regs. 1(1), 8(4)

[^key-ea2b91111afeb848bb888e2fc90d0f98]: Reg. 29(2A) inserted (6.4.2017) by The Tobacco Products and Herbal Products for Smoking (Fees) Regulations 2017 (S.I. 2017/409), regs. 1(1), 8(5)

[^key-9d0e61aa4bd795cc968b1aa1e1bcae05]: Reg. 30(2) substituted (6.4.2017) by The Tobacco Products and Herbal Products for Smoking (Fees) Regulations 2017 (S.I. 2017/409), regs. 1(1), 8(6)

[^key-d193d8342322f9eabcdb13942920a8ea]: Reg. 9(12) inserted (31.12.2020) by S.I. 2019/41, reg. 6(9) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(11) (with reg. 5))

[^key-576d302c790f0ccaa55f5271350b6cfa]: Reg. 6(A1) inserted (31.12.2020) by S.I. 2019/41, reg. 6(6)(a) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(8) (with reg. 5))

[^key-7fc36d629243f28cbd59cba7ee70be97]: Reg. 6(4) inserted (31.12.20) by S.I. 2019/41, reg. 6(6)(e) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(8) (with reg. 5))

[^key-867198b5d9aa668af0cc90f9a59013a9]: Words in reg. 6(1) inserted (31.12.2020) by S.I. 2019/41, reg. 6(6)(b)(i) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(8) (with reg. 5))

[^key-6fe7b9ec07d344b678c0a480fb8e9b5f]: Word in reg. 6(1) substituted (31.12.2020) by S.I. 2019/41, reg. 6(6)(b)(ii) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(8) (with reg. 5))

[^key-0475ce22694f7b002a1dd4cef3449995]: Reg. 6(2) substituted (31.12.2020) by S.I. 2019/41, reg. 6(6)(c) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(8) (with reg. 5))

[^key-0586350d9b9c5589cb44e21eb0a8fa75]: Words in reg. 6(3) substituted (31.12.2020) by S.I. 2019/41, reg. 6(6)(d)(i) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(8) (with reg. 5))

[^key-009976ff575f9db38e2163718e5fa5e1]: Reg. 6(3)(d) omitted (31.12.2020) by virtue of S.I. 2019/41, reg. 6(6)(d)(ii) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(8) (with reg. 5))

[^key-e380447319dcc31b16a4fcb8869b9054]: Words in reg. 2(1) inserted (31.12.2020) by S.I. 2019/41, reg. 6(2)(a) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(4) (with reg. 5))

[^key-022725b84b6ce390c2b390dbdeabc69b]: Words in reg. 2(1) inserted (31.12.2020) by S.I. 2019/41, reg. 6(2)(b) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(4) (with reg. 5))

[^key-6a16a665ffb0fd8c0eea4128fac38197]: Words in reg. 2(1) substituted (31.12.2020) by S.I. 2019/41, reg. 6(2)(c) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(4) (with reg. 5))

[^key-c8ba88f26721f2b826568ad1dfa22de1]: Words in reg. 2(1) substituted (31.12.2020) by S.I. 2019/41, reg. 6(2)(d) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(4) (with reg. 5))

[^key-9d2120b9a4b7d048dbdf2f105436ffbb]: Pt. 9A inserted (31.12.2020) by S.I. 2019/41, regs. 1, 6(33) (with reg. 9) (as amended by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(3)(37) (with reg. 5)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-1baca336b07cd579e3c689875efecda6]: Reg. 5A inserted (31.12.2020) by S.I. 2019/41, regs. 1, 6(5) (with reg. 9) (as amended by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(3)(7) (with reg. 5)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-fb060c9558598f77b172ded58d8fa077]: Reg. 16A inserted (31.12.2020) by S.I. 2019/41, regs. 1, 6(15) (with reg. 9) (as amended by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(3)(17) (with reg. 5)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-6539e2bb528d96a19607ee9a2113636e]: Regs. 54ZA, 54ZB inserted (31.12.2020) by S.I. 2019/41, regs. 1, 6(34) (with reg. 9) (as amended by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(3)(38) (with reg. 5)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-7cdcbcfba33bf0aa3f0394f1bba817a3]: Sch. A1 inserted (31.12.2020) by The Tobacco Products and Nicotine Inhaling Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/41), regs. 1, 6(35) (with reg. 9) (as amended by S.I. 2020/1316, regs. 1(3), 5); 2020 c. 1, Sch. 5 para. 1(1)

[^key-35463e777965989e1fdbf7b65eccef3f]: Words in reg. 32(1)(a) substituted (31.12.2020) by S.I. 2019/41, reg. 6(19A)(a) (as inserted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(24) (with reg. 5))

[^key-8dd942c99d556a137081506d9b4d41f1]: Words in reg. 32(1)(b) substituted (31.12.2020) by S.I. 2019/41, reg. 6(19A)(a) (as inserted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(24) (with reg. 5))

[^key-1305f0c3b0334378d3fc36526a951ebf]: Words in reg. 32(1)(c) substituted (31.12.2020) by S.I. 2019/41, reg. 6(19A)(a) (as inserted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(24) (with reg. 5))

[^key-6622d80f0a57c5e2c5d5d02c932363f6]: Reg. 32(6) inserted (31.12.2020) by S.I. 2019/41, reg. 6(19A)(b) (as inserted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(24) (with reg. 5))

[^key-c9a3d3b756212f05b88ca43ce1158f28]: Reg. 3(4)(5) substituted for reg. 3(4) (31.12.2020) by S.I. 2019/41, reg. 6(3)(d) (as substituted byThe Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(5) (with reg. 5))

[^key-9ce45ab6ca92bad0b1baa80fb1c101a9]: Reg. 3(3) substituted (31.12.2020) by S.I. 2019/41, reg. 6(3)(c) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(5) (with reg. 5))

[^key-d128bd9f6d7f685f1f6567dc84cee189]: Words in reg. 3(1) substituted (31.12.2020) by S.I. 2019/41, reg. 6(3)(a)(i) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(5) (with reg. 5))

[^key-e9f432a145a9ced22257eff92fd10b82]: Words in reg. 3(1)(c) substituted (31.12.2020) by S.I. 2019/41, reg. 6(3)(a)(ii) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(5) (with reg. 5))

[^key-ef7aeeba5b33cb7d395f09a68519c5c2]: Words in reg. 3(2)(a)(i) substituted (31.12.2020) by S.I. 2019/41, reg. 6(3)(b) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(5) (with reg. 5))

[^key-6e63ef5790af853b7468bc1975c1130d]: Words in reg. 3(2)(a)(ii) substituted (31.12.2020) by S.I. 2019/41, reg. 6(3)(b) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(5) (with reg. 5))

[^key-2726087986f8f4acc73a61f0a513607f]: Reg. 20A(6)-(8) inserted (31.12.2020) by S.I. 2019/41, reg. 6(16)(e) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(19) (with reg. 5))

[^key-b585d1c8acd948bf2437cb43a6dc4e02]: Words in reg. 20A(1)(b) substituted (31.12.2020) by S.I. 2019/41, reg. 6(16)(a) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(19) (with reg. 5))

[^key-c42827510f5b1a45be66988bf81fbd63]: Words in reg. 20A(2)(c) substituted (31.12.2020) by S.I. 2019/41, reg. 6(16)(b) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(19) (with reg. 5))

[^key-0e5a81753e1b0411c92cdaee66357469]: Words in reg. 20A(4) substituted (31.12.2020) by S.I. 2019/41, reg. 6(16)(c) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(19) (with reg. 5))

[^key-ddc6a109bb68c16bfbea4b87f94fce33]: Words in reg. 20A(5)(a) inserted (31.12.2020) by S.I. 2019/41, reg. 6(16)(d)(i) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(19) (with reg. 5))

[^key-5b188932c221a09d9eccdaa8f8cea956]: Words in reg. 20A(5)(b) substituted (31.12.2020) by S.I. 2019/41, reg. 6(16)(d)(ii) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(19) (with reg. 5))

[^key-9981f299d60e124f653684479e263121]: Words in reg. 47 heading inserted (31.12.2020) by S.I. 2019/41, reg. 6(30)(a) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(35) (with reg. 5))

[^key-f5573f2dffee5d486fc7177f7b17f525]: Words in reg. 47(1)(a) substituted (31.12.2020) by S.I. 2019/41, reg. 6(30)(b)(i)(aa) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(35) (with reg. 5))

[^key-cca96c00553cf1f3d85fa4896e75f2a2]: Word in reg. 47(1)(a) substituted (31.12.2020) by S.I. 2019/41, reg. 6(30)(b)(i)(bb) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(35) (with reg. 5))

[^key-810ccb4ad43cc1c166d4b912e59b9238]: Words in reg. 47(1)(b) substituted (31.12.2020) by S.I. 2019/41, reg. 6(30)(b)(ii) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(35) (with reg. 5))

[^key-cb6b73c11279ccee0f7f3cc980bc8160]: Word in reg. 47(4)(b) substituted (31.12.2020) by S.I. 2019/41, reg. 6(30)(c) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(35) (with reg. 5))

[^key-b8dbea0b71b4e1d4dc391713940be905]: Words in reg. 44 heading inserted (31.12.2020) by S.I. 2019/41, reg. 6(29)(a) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(34) (with reg. 5))

[^key-11240301109fa5f16dfe472ac5e46cd5]: Words in reg. 44(1) inserted (31.12.2020) by S.I. 2019/41, reg. 6(29)(b)(i) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(34) (with reg. 5))

[^key-88fd7c421ca4d268daceb4b24772bee7]: Reg. 44(1)(a) substituted (31.12.2020) by S.I. 2019/41, reg. 6(29)(b)(ii) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(34) (with reg. 5))

[^key-880bb1afaa0a133e0a0c7ccb01eff873]: Reg. 44(1A) inserted by S.I. 2019/41, reg. 6(29)(c) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(34) (with reg. 5))

[^key-346a7a85ea79a9d7afc9b7affce0e310]: Words in reg. 43(2) substituted (31.12.2020) by S.I. 2019/41, reg. 6(28)(a)(i) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(33) (with reg. 5))

[^key-c147460b8c3d82a3c7e9bc56f1c80633]: Words in reg. 43(2) omitted (31.12.2020) by virtue of S.I. 2019/41, reg. 6(28)(a)(ii) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(33) (with reg. 5))

[^key-7810dbf4bebd0d3664b7ceb9c9d53533]: Words in reg. 43(5) substituted (31.12.2020) by S.I. 2019/41, reg. 6(28)(c)(i) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(33) (with reg. 5))

[^key-429d89cd68aeffa05368b81f772ad77b]: Words in reg. 43(5)(b) substituted (31.12.2020) by S.I. 2019/41, reg. 6(28)(c)(ii) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(33) (with reg. 5))

[^key-78e48918dd432e103eba4c9b2be92922]: Words in reg. 43(3) inserted (31.12.2020) by S.I. 2019/41, reg. 6(28)(b)(i) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(33) (with reg. 5))

[^key-931e06b6a4c66b98820b1e734c0abc07]: Words in reg. 43(3) substituted (31.12.2020) by S.I. 2019/41, reg. 6(28)(b)(ii) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(33) (with reg. 5))

[^key-f29e8f1b0cec6bd697b40b84df24bbbf]: Reg. 15(3) inserted (31.12.2020) by S.I. 2019/41, regs. 1, 6(13) (with reg. 9) (as amended by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(3)(15), 5); 2020 c. 1, Sch. 5 para. 1(1)

[^key-914ad3a85fbaa30d007bd5d0d1c06349]: Reg. 37(10) inserted (31.12.2020) by S.I. 2019/41, regs. 1, 6(23)(b) (with reg. 9) (as amended by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(3)(28)(b), 5); 2020 c. 1, Sch. 5 para. 1(1)

[^key-7b20d1fff14cccb0a7807cb02ed3345d]: Reg. 37(2)(g) substituted (31.12.2020) by S.I. 2019/41, reg. 6(23)(a) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(28)(a) (with reg. 5))

[^key-1cc74be20e4a3cbd84a360cb80f3fbca]: Reg. 8(10) inserted (31.12.2020) by S.I. 2019/41, regs. 1, 6(8) (with reg. 9) (as amended by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(3)(10), 5); 2020 c. 1, Sch. 5 para. 1(1)

[^key-7e067bc2900322183edb42519d5f6647]: Reg. 10(5) inserted (31.12.2020) by S.I. 2019/41, regs. 1, 6(10) (with reg. 9) (as amended by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(3)(12), 5); 2020 c. 1, Sch. 5 para. 1(1)

[^key-6221c99bcc9adecedf6e913c5166979a]: Reg. 16(4) inserted (31.12.2020) by S.I. 2019/41, regs. 1, 6(14) (with reg. 9) (as amended by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(3)(16), 5); 2020 c. 1, Sch. 5 para. 1(1)

[^key-36b1594832e2ee25c9092baab158b24a]: Reg. 14(5)(6) inserted (31.12.2020) by S.I. 2019/41, regs. 1, 6(12) (with reg. 9) (as amended by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(3)(14), 5); 2020 c. 1, Sch. 5 para. 1(1)

[^key-6d3a190f4708ffcf2fae990d6d9089a8]: Words in reg. 19(c) inserted (31.12.2020) by S.I. 2019/41, reg. 6(15A)(a) (as inserted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(18) (with reg. 5))

[^key-f4ca4198520c80e6a022f87c5aa0d604]: Words in reg. 19(d) inserted (31.12.2020) by S.I. 2019/41, reg. 6(15A)(b) (as inserted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(18) (with reg. 5))

[^key-7220ad61c0b02c2b109ae581f19b1ad7]: Words in reg. 21(1)(a) substituted (31.12.2020) by S.I. 2019/41, reg. 6(16A)(a) (as inserted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(20) (with reg. 5))

[^key-41f13fa35de93b178b8cb9fe5e6a5e6c]: Reg. 21(7) inserted by S.I. 2019/41, reg. 6(16A)(b) (as inserted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(20) (with reg. 5))

[^key-e79c1426d894b0657faecfe3186bdecf]: Reg. 25(1A) inserted (31.12.2020) by S.I. 2019/41, reg. 6(17)(a) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(21) (with reg. 5))

[^key-8f0bece21c95f4b14668d3aa19c9a459]: Words in reg. 25(2) inserted (31.12.2020) by S.I. 2019/41, reg. 6(17)(b) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(21) (with reg. 5))

[^key-cb2ac205dfd4f98bc311cfc27dd93742]: Reg. 33(1A) inserted by S.I. 2019/41, reg. 6(20)(a) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(25) (with reg. 5))

[^key-40947efd2a3d62549a8cb5c3304b78f1]: Words in reg. 33(2) inserted (31.12.2020) by S.I. 2019/41, reg. 6(20)(b) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(25) (with reg. 5))

[^key-a41cbb3b2cbe8a78e6b5485efd356a61]: Words in reg. 34(b) substituted (31.12.2020) by S.I. 2019/41, reg. 6(21)(a) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(26) (with reg. 5))

[^key-2de531250a65b8a33d2bd5a7084e6c1b]: Words in reg. 34(b) inserted (31.12.2020) by S.I. 2019/41, reg. 6(21)(b) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(26) (with reg. 5))

[^key-baae779e476ec3ab3af4c7c2b8499833]: Reg. 1A inserted by S.I. 2019/41, reg. 6(1A) (as inserted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(3) (with reg. 5))

[^key-8e65655f154b16afc04484c1f3e8a557]: Reg. 36(11) inserted (31.12.2020) by S.I. 2019/41, regs. 1, 6(22) (with reg. 9) (as amended by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(3)(27), 5); 2020 c. 1, Sch. 5 para. 1(1)

[^key-6a4101262218218f69a877122b9e28d4]: Words in reg. 39(4) substituted (31.12.2020) by S.I. 2019/41, reg. 6(24)(a) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(29) (with reg. 5))

[^key-eeb15f95782d59da14c7f3db56cc0de9]: Words in reg. 39(5) substituted (31.12.2020) by S.I. 2019/41, reg. 6(24)(b) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(29) (with reg. 5))

[^key-67a594ae5332473e476503d786360650]: Reg. 5(3)(3A) substituted for reg. 5(3) by S.I. 2019/41, reg. 6(4) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(6) (with reg. 5))

[^key-2fddb12d84873aea593a93b261d28478]: Words in reg. 41(2) substituted (31.12.2020) by S.I. 2019/41, reg. 6(26)(a) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(31) (with reg. 5))