Statutory Instrument 2004 No. 3138 (C.134)

The Tobacco Advertising and Promotion Act 2002 (Commencement No.7) Order 2004

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

2004 No. 3138 (C.134)

CONSUMER PROTECTION

The Tobacco Advertising and Promotion Act 2002 (Commencement No.7) Order 2004

Made

26th November 2004

The Secretary of State for Health, in exercise of the powers conferred on him by section 22(1) and (2) of the Tobacco Advertising and Promotion Act 2002[1] and all other powers enabling him in that behalf, hereby makes the following Order: - 

Citation, extent and interpretation
    1. - (1) This Order may be cited as the Tobacco Advertising and Promotion Act 2002 (Commencement No.7) Order 2004.

    (2) This Order applies to England, Wales and Northern Ireland only.

    (3) In this Order "the Act" means the Tobacco Advertising and Promotion Act 2002.

Appointed days
    2. - (1) 21st December 2004 is the appointed day for the coming into force of section 2 of the Act in the case of a tobacco advertisement which is, or is to be, published, printed, devised or distributed solely for the purposes of the promotion of a tobacco product in a place where tobacco products are offered for sale.

    (2) 31st July 2005 is the appointed day for the coming into force of - 

(a) section 2 of the Act, other than in the case of a tobacco advertisement which is, or is to be, published, devised or distributed solely for the purpose of the promotion of a tobacco product on a website where tobacco products are offered for sale;

(b) sections 3, 9 and 10 of the Act in so far as those sections are not already in force.

Signed by authority of the Secretary of State for Health


Melanie Johnson
Parliamentary Under Secretary of State, Department of Health

26th November 2004

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EXPLANATORY NOTE

(This note is not part of the Regulations)

This Order brings into force the following provisions of the Tobacco Advertising and Promotion Act 2002 - 

(a) section 2 in respect of tobacco advertising in places where tobacco products are offered for sale (21st December 2004);

(b) section 2 for all purposes other than website advertising (31st July 2005) and

(c) sections 3, 9 and 10 in so far as those sections are not already in force (31st July 2005).

This Order does not apply to Scotland.

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NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

This Order brings into force all the provisions of the Tobacco Advertising and Promotion Act 2002 (other than section 2 for the purposes of website advertising) which have not been brought into force previously. The following provisions of the Act have been brought into force by commencement orders made before the date of this Order.

Provision	Date of Commencement	S.I. Number
Section 1 (partially) Section 1	20th November 2002 14th February 2003	2002/2865[2] 2002/2865
Section 2 (partially) Section 2 (partially)	14th February 2003 14th May 2003	2002/2865 2002/2865
Section 3 (partially)	14th February 2003	2002/2865
Section 4(1) and (2) Section 4(3) and (4) (partially) Section 4(3) and (4)	14th February 2003 20th November 2002 26th February 2003	2002/2865 2002/2865 2003/396
Sections 5 to 8	14th February 2003	2002/2865
Section 9 (partially) Section 9 (partially)	14th February 2003 14th May 2003	2002/2865 2002/2865
Section 10 (partially)	14th February 2003	2002/2865
Section 11(1) to (3) (partially) Section 11(1) to (3) Section 11(4)	20th November 2002 26th February 2003 14th February 2003	2002/2865 2003/396 2002/2865
Sections 12 to 18	14th February 2003	2002/2865
Section 19 (partially) Section 19	20th November 2002 11th February 2002	2002/2865 2002/2865
Section 20 (partially) Section 20	20th November 2002 26th February 2003	2002/2865 2003/396
Section 21 (partially) Section 21	20th November 2002 14th February 2003	2002/2865 2002/2865
Section 22	7th November 2002	Came into force on Royal Assent

Commencement Orders numbered 2, 4 and 5 apply to Scotland.

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Notes:

[1]2002 c.36.back

[2]S.I.2002/2865 was amended by S.I. 2003/258.back

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ISBN0 11050611 1

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