Statutory Instrument 2003 No. 258 (C. 15)

The Tobacco Advertising and Promotion Act 2002 (Commencement No. 3) (Amendment and Transitional Provisions) Order 2003

---

© Crown Copyright 2003

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Tobacco Advertising and Promotion Act 2002 (Commencement No. 3) (Amendment and Transitional Provisions) Order 2003, ISBN 0 11 044845 6. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

This Order has been made to correct an omission in S.I. 2002/2865 (C.90) and is being issued free of charge to all known recipients of that Order.

    " (1A) In so far as it is not already in force, 11th February 2003 is the appointed day for the coming into force of section 19.".

    (3) In article 2(2) at the beginning there are inserted the words "Subject to article 3,".

    (4) For article 2(2)(b) there is substituted - 

" (b) section 2, except in the case of a tobacco advertisement which is, or is to be, published, printed, devised or distributed solely - 


(i) for the purposes of a distribution that is restricted to those members of the public who before 8th October 1999 requested their inclusion in such distributions; or

(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;".

    (5) In article 2(3)(b) for the words "not already in force" there are substituted the words "it relates to an advertisement excepted by virtue of paragraph (2)(f).".

    (6) The following article is inserted after article 2.

" Brandsharing transitional provisions
     3.  - (1) Where in the course of business a person uses - 


(a) in connection with any service or product (other than a tobacco product), a name, emblem or other feature which is the same as, or similar to, a name, emblem or other feature connected with a tobacco product; or

(b) in connection with any tobacco product, a name, emblem or other feature which is the same as, or similar to, a name, emblem or other feature which is connected with any service or product other than a tobacco product;



the appointed days specified in article 2 for sections 2, 3, 9 and 10 do not apply during the transitional period in the circumstances specified in paragraph (2).

    (2) The following circumstances are specified for the purposes of paragraph (1) - 



(a) the person - 


(i) did not know and had no reason to suspect that the purpose of the use was to promote a tobacco product, and

(ii) could not reasonably have foreseen that that would be its effect; or



(b) the person uses, in connection with any service or product (other than a tobacco product), a name, emblem or other feature which is the same as, or similar to, a name, emblem or other feature connected with a tobacco product and - 



(i) the name, emblem or other feature was first so used before 1st September 2002, and

(ii) there is no intention on the part of the person who uses the name, emblem or other feature in connection with a service or product other than a tobacco product to promote a tobacco product.



    (3) In this article - 



"other feature" means logo, trademark, symbol, motto, print, type-face, colour or pattern of colour, picture, artwork, imagery, appearance, selling message or other indica of product identification; and
"transitional period" means the period which begins on 14th February 2003 and ends on the day on which the first regulations made under section 11 of the Act come into force.".

Signed by authority of the Secretary of State for Health


Hazel Blears
Parliamentary Under Secretary of State, Department of Health

10th February 2003

[2] S.I. 2002/2865 (C. 90).back