S.I. No. 525/2012 - Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) (Amendment) Regulations 2012.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 25th December, 2012.

I, JAMES REILLY, Minister for Health, in exercise of the powers conferred on me by section 2 of the Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) Act 1978 (No. 27 of 1978) (as adapted by the Health and Children (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 219 of 2011 )), hereby make the following regulations:

1. These Regulations may be cited as the Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) (Amendment) Regulations 2012.

2. The Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) Regulations 1991 ( S.I. No. 326 of 1991 ) (as amended by the Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) (Amendment) Regulations 2000 ( S.I. No. 35 of 2000 )) are amended—

(a) by the deletion of Regulation 16, and

(b) by the substitution of the following Regulation for Regulation 17:

“17(1) A person shall not sell or cause to be sold a tobacco product to another person at a reduced price on the purchase by that person of—

(a) any other tobacco product, or

(b) any other product or service.

(2) A person shall not make available or cause to be made available a tobacco product to another person free of charge on the purchase by that person of—

(a) any other tobacco product, or

(b) any other product or service.

(3) A person shall not promote or cause to be promoted a tobacco product to another person at a reduced price or free of charge on the purchase by that person of—

(a) any other tobacco product, or

(b) any other product or service.

(4) A person shall not—

(a) sell or cause to be sold,

(b) make available or cause to be made available, or

(c) promote or cause to be promoted,

a tobacco product at a reduced price or free of charge for a limited period of time on any day.”.

GIVEN under my Official Seal,

18 December 2012.

JAMES REILLY,

Minister for Health.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations may be cited as the Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) (Amendment) Regulations 2012.

These Regulations revoke Regulation 16, and amend Regulation 17 of the Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) Regulations 1991 ( S.I. No. 326 of 1991 ) (as amended by the Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) (Amendment) Regulations 2000 ( S.I. No. 35 of 2000 )).

In addition the effect of these Regulations is:

— to prohibit the sale or supply of tobacco products at a reduced price on the purchase of tobacco products or other products,

— to prohibit the supply of tobacco products free of charge on the purchase of tobacco products or other products,

— to prohibit the promotion of tobacco products at a reduced price or free of charge on the purchase of tobacco products or other products, and

— to prohibit “happy hour” or similar type promotions where tobacco products are sold at a reduced price or provided free of charge for a limited period of time, including those promotions which may run over a number of days.