Tobacco (Health Promotion and Protection) Act, 1988

Amendment of Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) Act, 1978.

9.—The Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) Act, 1978 , is hereby amended by the substitution for section 3 of the following section:

“3.—(1) A person who contravenes a regulation under section 2 of this Act shall be guilty of an offence and shall be liable—

(a) on summary conviction, to a fine not exceeding £1,000, or

(b) on conviction on indictment, to a fine not exceeding £10,000.

(2) Where an offence under this Act is committed by a body corporate or by a person purporting to act on behalf of a body corporate or an unincorporated body of persons and is proved to have been committed with the consent or approval of, or to have been facilitated by any neglect on the part of any person who, when the offence is committed, is a director, member of the committee of management or other controlling authority of the body concerned, or the manager, secretary or other officer of the body, that person shall also be deemed to have committed the offence and may be proceeded against and punished accordingly.

(3) Summary proceedings in relation to an offence under this section may be brought by the Minister or by an officer, appointed by the Minister for that purpose, of the Minister or of a health board”.