Citation, commencement, application and interpretation

1. —(1) These Regulations may be cited as the Tobacco Advertising and Promotion (Display and Specialist Tobacconists) (England) (Amendment) Regulations 2012 and come into force—

(a) for the purpose of the amendments of the Display Regulations for the purpose of large shops other than bulk tobacconists on 6th April 2012; and

(b) for the purpose of the amendments of the Specialist Tobacconist Regulations, and for all other purposes, on 6th April 2015.

(2) These Regulations apply in relation to England.

(3) In these Regulations—

(a) “the Display Regulations” means the Tobacco Advertising and Promotion (Display) (England) Regulations 2010( 2 );

(b) “the Specialist Tobacconist Regulations” means the Tobacco Advertising and Promotion (Specialist Tobacconists) (England) Regulations 2010( 3 ); and

(c) “large shop” and “bulk tobacconist” have the same meaning as in regulations 1(4) and 2(1) of the Display Regulations.

Amendment of the Display Regulations

2. The Display Regulations are amended as follows—

(a) in regulation 4 (display as a consequence of a requested display), in paragraph (2)(b), for “0.75” substitute “1.5”;

(b) for regulation 6 (display during restocking), substitute:

“ Incidental displays

6. —(1) No offence is committed under section 7A(of the Act (prohibition of tobacco displays) by a display of tobacco products in a storage unit if that display complies with the requirements of paragraph (2).

(2) The requirements of this paragraph are that—

(a) the display—

(i) occurs in the course of an activity listed in paragraph (3) being actively carried out in the ordinary course of business in relation to tobacco products;

(ii) is solely as a consequence of that activity being carried out; and

(iii) lasts for no longer than is necessary in order to allow that activity to be carried out; and

(b) the area of storage unit displayed does not exceed 1.5 square metres.

(3) The activities referred to in paragraph (2)(a)(i) are—

(a) assessing stock levels for the purposes of stock control;

(b) restocking;

(c) staff training;

(d) cleaning of the storage unit;

(e) maintenance of the storage unit;

(f) refurbishment of the storage unit.

(4) No offence is committed under section 7A(1) of the Act by a display of tobacco products outside a storage unit during restocking if—

(a) the tobacco products are displayed in the course of being placed in the storage unit only; and

(b) the display lasts for no longer than is necessary to place the products in the storage unit. ” ; and

(c) after regulation 9 (revocation) insert—

“ Review

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

(a) carry out a review of the provisions of these Regulations,

(b) set out the conclusions of the review in a report, and

(c) publish the report.

(2) The report must in particular—

(a) set out the objectives intended to be achieved by the regulatory system which is the subject of these provisions;

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

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(3) The first report under this regulation must be published before the end of the period of five years beginning with 6th April 2015.

(4) Reports under this regulation are afterwards to be published at intervals not exceeding five years. ” .

Amendment of the Specialist Tobacconist Regulations

3. The Specialist Tobacconist Regulations are amended as follows—

(a) in regulation 2 (advertising in specialist tobacconists), in paragraph (4)(a), for “not more than half” substitute “half or more”; and

(b) after regulation 4 (revocation) insert—

“ Review

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

(a) carry out a review of the provisions of these Regulations,

(b) set out the conclusions of the review in a report, and

(c) publish the report.

(2) The report must in particular—

(a) set out the objectives intended to be achieved by the regulatory system which is the subject of these provisions;

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

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(3) The first report under this regulation must be published before the end of the period of five years beginning with 6th April 2015.

(4) Reports under this regulation are afterwards to be published at intervals not exceeding five years. ” .