Public Health (Tobacco) (Amendment) Act 2009

Amendment of section 38 of Principal Act.

6.— Section 38 (inserted by section 9 of the Act of 2004) of the Principal Act is amended by—

(a) the substitution of the following subsection for subsection (6):

“(6) Regulations under subsection (4) or (5) may be made for the purpose of—

(a) giving effect to Article 5 of the Directive of 2001,

(b) giving further effect to Commission Decision No. 2003/641/EC of 5 September 2003 ¹ on the use of colour photographs or other illustrations as health warnings on tobacco products, or

(c) giving effect or further effect to any act adopted by an institution of the European Communities amending the said Article 5 or the Commission Decision referred to in paragraph (b).”,

and

(b) the insertion of the following subsection:

“(12) In this section ‘European Communities’ has the same meaning as it has in the European Communities Act 1972 .”.

¹OJ No. L226 of 10.09.2003, p.24