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The Secretary of State for Health in exercise of the powers conferred on him by section 22(1) to (3) of the Tobacco Advertising and Promotion Act 2002[1] and all other powers enabling him in that behalf, hereby makes the following Order: - Citation, interpretation and extent 1. - (1) This Order may be cited as the Tobacco Advertising and Promotion Act 2002 (Commencement) Order 2002. (2) In this Order "section" means a section of the Tobacco Advertising and Promotion Act 2002. (3) This Order applies to England, Wales and Northern Ireland only. Appointed days 2. - (1) For the purposes of making regulations 20th November 2002 is the day appointed for the coming into force of -
(b) section 4(3) and (4); (c) section 11(1) to (3); (d) sections 19 to 21.
(2) 14th February 2003 is the day appointed for the coming into force of -
(b) section 2, except in the case of a tobacco advertisement which is, or is to be, published, printed, devised or distributed solely -
(ii) for the purposes of the promotion of a tobacco product in a place or on a website where tobacco products are offered for sale; or (iii) in circumstances in which the tobacco advertisement uses the name, emblem or other feature of a tobacco product in connection with a product (other than a tobacco product) which has a function in addition to that of carrying advertising and the advertisement is not published in a newspaper, periodical or other electronic or paper publication or carried on a billboard, wall or other fixed or moveable surface which serves a function similar to that of a billboard;
(c) section 3;
(ii) has a nominal cash value not exceeding one penny; and (iii) is capable of being exchanged for goods but not other products, services or benefits;
(g) section 10;
(3) 14th May 2003 is the appointed day for the coming into force of -
(b) section 9, so far as not already in force.
(This note is not part of the Order) This Order brings into force all of the provisions of the Tobacco Advertising and Promotion Act 2002 except for -
(ii) in circumstances in which the tobacco advertisement uses the name, emblem or other feature of a tobacco product in connection with a product (other than a tobacco product) which has a function in addition to that of carrying advertising and the advertisement is not published in a newspaper, periodical or other electronic or paper publication or carried on a billboard, wall or other fixed or moveable surface which serves a function similar to that of a billboard; and
(b) section 22 (which commenced on Royal Assent).
Article 2(1) appoints for the purposes of making regulations 20th November 2002 for sections 1, 4(3) and (4), 11(1) to (3), 19, 20 and 21. Notes: [1] 2002 c. 36.back
[a] Amended by Correction Slip. Page 2, article 2(2)(f)(i) "is enclosed within a pack of part or a pack containing a tobacco product" should read "is enclosed within a pack or part of a pack containing a tobacco product".back
ISBN 0 11 042999 0
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