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The Tobacco Products and Nicotine Inhaling Products (Amendment etc.) (EU Exit) Regulations 2019

Consolidated Text As Enacted Cited authorities 31 Cited in Amendments 14 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2019/41
Year2019
  • These Regulations may be cited as the Tobacco Products and Nicotine Inhaling Products (Amendment etc.) (EU Exit) Regulations 2019 and come into force on exit day.
    • (1) The Tobacco Advertising and Promotion Act 2002 (2) Omit section 2(4) (prohibition of tobacco advertising in the EEA) in paragraph (a) , omit “or”;omit paragraph (b) .for “in a country which is not an EEA State”, substitute “ outside the United Kingdom ”;for “one or more of the EEA States (or any part of them) ”, substitute “ the United Kingdom (or any part of the United Kingdom) ”;for “an EEA State”, substitute “ the United Kingdom ”;for “one or more EEA States (or any part of them) ”, substitute “ the United Kingdom (or any part of the United Kingdom) ”.in subsection (1) , after “section 3A(1) (a) ”, omit “or (b) ”;omit subsection (3A) ;in subsection (5) (c) , for “an EEA State”, substitute “ the United Kingdom ”;omit subsection (5A) .(6) Omit section 7D(3) (displays on a website) (7) Omit section 8(1A) (displays: Scotland) (8) Omit section 9(1A) (prohibition of free distributions) (9) Omit section 11(5) (brandsharing) (10) In section 21(1) (interpretation) , omit the definition of “EEA State”(1) The Tobacco Advertising and Promotion (Brandsharing) Regulations 2004 omit “or has subsequently become”;after “European Economic Area”, insert “ or which became part of the European Economic Area after that date but before exit day ”.(1) The Standardised Packaging of Tobacco Products Regulations 2015 in paragraph (1) , for the definition of “cross-border distance sale”, substitute—
      “cross-border distance sale”, in relation to a tobacco product, means a distance sale to a consumer where, at the time the consumer orders the product from a retailer, the consumer is located in the United Kingdom and the retailer is established in another country;
    ;    in paragraph (7) , omit “where the consumer is located in the United Kingdom”.(1) The Nicotine Inhaling Products (Age of Sale and Proxy Purchasing) Regulations 2015 in sub-paragraph (a) , omit the words “or Article 11” to the end;omit sub-paragraph (b) .(1) F60The Tobacco and Related Products Regulations 2016 are amended as follows.(1A) After regulation 1, insert—
      (1A) Extent
    • (1) Subject to the following paragraphs, these Regulations extend to England and Wales, Scotland and Northern Ireland.
    • (2) The following provisions do not extend to Northern Ireland—
    • (a) regulation 5A;
    • (b) regulation 7(5) ;
    • (c) regulation 8(10) ;
    • (d) regulation 9(12) ;
    • (e) regulation 10(5) ;
    • (f) regulation 13(3) ;
    • (g) regulation 14(5) and (6) ;
    • (h) regulation 15(3) ;
    • (i) regulation 16(4) ;
    • (j) regulation 16A;
    • (k) regulation 20A(6) and (7) ;
    • (l) regulation 36(11) ;
    • (m) regulation 37(10) ;
    • (n) Part 9A;
    • (o) regulations 54ZA and 54ZB.
    Subject to the following paragraphs, these Regulations extend to England and Wales, Scotland and Northern Ireland.regulation 5A;regulation 7(5) ;regulation 8(10) ;regulation 9(12) ;regulation 10(5) ;regulation 13(3) ;regulation 14(5) and (6) ;regulation 15(3) ;regulation 16(4) ;regulation 16A;regulation 20A(6) and (7) ;regulation 36(11) ;regulation 37(10) ;Part 9A;regulations 54ZA and 54ZB.regulation 41(3) to (5) ;regulation 44;regulation 47.An amendment made by these Regulations has the same extent as the provision to which it relatesafter the definition of “emissions”, insert—
      • “GB related product” means a related product which is produced for supply, or is supplied, for consumption in Great Britain or through the GB travel retail sector;
      • “GB tobacco product” means a tobacco product which is produced for supply, or is supplied, for consumption in Great Britain or through the GB travel retail sector;
      • “the GB travel retail sector” means retail outlets in Great Britain at which tobacco products or related products may be purchased only by people travelling on journeys to destinations outside Great Britain;
    ;    after the definition of “nasal tobacco”, insert—
      • “NI related product” means a related product which is produced for supply, or is supplied, for consumption in Northern Ireland or through the NI travel retail sector;
      • “NI tobacco product” means a tobacco product which is produced for supply, or is supplied, for consumption in Northern Ireland or through the NI travel retail sector;
      • “the NI travel retail sector” means retail outlets in Northern Ireland at which tobacco products or related products may be purchased only by people travelling on journeys to destinations outside Northern Ireland;
    ;    for the definition of “retailer” substitute—
      • “retailer” means a person who sells, or offers or agrees to sell, a tobacco product or related product to a consumer;
    ;    for the definition of “travel retail sector” substitute—
      • “travel retail sector” means—
        • (a) the GB travel retail sector, or
        • (b) the NI travel retail sector.
    .    in the words before sub-paragraph (a) , for “the United” substitute “any part of the United”;in sub-paragraph (c) , for “the United” substitute “any part of the United”;in paragraph (2) (a) (i) and (ii) , for “the United” substitute “any part of the United”;for paragraph (3) substitute—
    • (3) In the case of a cross-border distance sale of a product, the product is to be treated for the purposes of these Regulations—
    • (a) where the consumer is located in Great Britain, as supplied, and presented for retail sale in Great Britain;
    • (b) where the consumer is located in Northern Ireland, as supplied, and presented for retail sale in Northern Ireland.
    where the consumer is located in Great Britain, as supplied, and presented for retail sale in Great Britain;where the consumer is located in Northern Ireland, as supplied, and presented for retail sale in Northern Ireland.for paragraph (4) substitute—
    • (4) In these Regulations, “cross-border distance sale”—
    • (a) in relation to Great Britain, means a distance sale to a consumer (“C”) where, at the time C orders a product from a retailer, C is located in Great Britain and the retailer is established outside of Great Britain;
    • (b) in relation to Northern Ireland, means a distance sale to a consumer (“C”) where, at the time C orders a product from a retailer—(i) C is located in Northern Ireland or a member State, and(ii) the retailer—(aa) if C is located in Northern Ireland, is established in a member State or another country outside of Northern Ireland;(bb) if C is located in a member State, is established in Northern Ireland, in a different member State or in a country other than Northern Ireland or a member State.
    in relation to Great Britain, means a distance sale to a consumer (“C”) where, at the time C orders a product from a retailer, C is located in Great Britain and the retailer is established outside of Great Britain;C is located in Northern Ireland or a member State, andif C is located in Northern Ireland, is established in a member State or another country outside of Northern Ireland;if C is located in a member State, is established in Northern Ireland, in a different member State or in a country other than Northern Ireland or a member State.in the case of a retailer who is a natural person, if that person’s

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