Public Health (Tobacco) (Amendment) Act 2004

Amendment of section 2 of Principal Act.

2.—Section 2 of the Principal Act is amended, in subsection (1), by—

(a) the deletion of the definition of “advertisement”,

(b) the insertion of the following definitions:

“ ‘advertising’ has the same meaning as it has in the Directive of 2003, and cognate words shall be construed accordingly;

‘Directive of 2001’ means Directive No. 2001/37/EC of the European Parliament and of the Council of 5 June 2001 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco products;

‘Directive of 2003’ means Directive No. 2003/33/EC of the European Parliament and of the Council of 26 May 2003 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the advertising and sponsorship of tobacco products, the text of which is set out in the Schedule to the Public Health (Tobacco) (Amendment) Act 2004;”,

(c) the substitution of the following definition for the definition of “public service vehicle”:

“‘public service vehicle’ means a mechanically propelled vehicle used for the carriage of persons for reward and having seating accomodation for more than 8 persons exclusive of the driver;”,

and

(d) the substitution of the following definition for the definition of “tobacco product”:

“‘tobacco product’ means—

(a) any product consisting, in whole or in part, of tobacco, that is intended to be smoked,

(b) a tobacco product within the meaning of the Finance (Excise Duty on Tobacco Products) Act 1977 (inserted by section 86 (1) of the Finance Act 1997 ), or

(c) any cigarette paper, tube or filter manufactured for use in the smoking of tobacco,

other than a medicinal product within the meaning of the Irish Medicines Board Act 1995 .”.