2.—(1) In this Act, except where the context otherwise requires—

“Act of 1970” means the Health Act 1970;

“Act of 1978” means the Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) Act 1978;

“Act of 1988” means the Tobacco (Health Promotion and Protection) Act 1988;

F1["Act of 2015" means the Public Health (Standardised Packaging of Tobacco) Act 2015;]

F2["Act of 2023" means the Public Health (Tobacco Products and Nicotine Inhaling Products) Act 2023;]

F3[…]

F4["advertising" has the same meaning as it has in the Directive of 2003, and cognate words shall be construed accordingly;]

“authorised officer” means a person appointed under section 48;

“chief executive” has the meaning assigned to it by section 28;

F5["cigarettes" has the same meaning as it has in Chapter 3 of Part 2 of the Finance Act 2005; ]

“designated analyst” has the meaning assigned to it by section 51;

“designated laboratory” has the meaning assigned to it by section 51;

F4["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;]

F4["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;]

F2["electronic cigarette" has the same meaning as it has in Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014⁷ on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC;]

F2["Executive" means the Health Service Executive;]

“functions” includes powers and duties and references to the performance of functions include, as respects powers and duties, references to the exercise of the powers and the performance of the duties;

F6[…]

“licensed premises” has the same meaning as it has in the Intoxicating Liquor Act 1988;

F2["licensee" means a licensee within the meaning of section 2 of the Act of 2023;]

“Minister” means the Minister for Health and Children;

F2["nicotine inhaling product" means—

(a) an electronic cigarette, or

(b) any other product consisting of—

(i) a device (other than tobacco, cigarette paper or a device which is intended to enable the consumption of lit tobacco) which is intended to enable a relevant substance to be inhaled through a mouth piece (irrespective of whether the device would also enable any other substance to be so inhaled),

(ii) a cartridge which—

(I) may contain a relevant substance, and

(II) is intended to form part of a device that falls within subparagraph (i),

or

(iii) a relevant substance which is intended to be used in a device that falls within subparagraph (i);]

“Office” means the Office of Tobacco Control established under section 9;

F7["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;]

“register” has the meaning assigned to it by section 37;

“registered club” has the same meaning as it has in the Registration of Clubs Acts; 1904 to 2000;

“registration number” has the meaning assigned to it by section 37;

F2["relevant substance" means a substance which is not tobacco but which consists of, or contains, nicotine;]

F2["sale by retail" includes sale by retail online;]

“smoke” in relation to a tobacco product, includes sniffing, chewing or sucking of such a product;

“specified place” has the meaning assigned to it by section 47;

“superannuation benefit” means a pension, gratuity or other allowance payable on resignation, retirement or death;

F8["tobacco product" means a product (other than a medicinal product (within the meaning of the Irish Medicines Board Act 1995))—

(a) that can be consumed and consists, even partly, of tobacco, whether genetically modified or not and includes a cigarette paper, tube or filter manufactured for use in the smoking of tobacco, and

(b) that is intended for sale by retail in the State;]

(2) In this Act—

(a) a reference to a Part or section is a reference to a Part or section of this Act, unless it is indicated that a reference to some other enactment is intended,

(b) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended, and

(c) a reference to any enactment or regulations shall be construed as a reference to that enactment or those regulations, as the case may be, as amended, adapted or extended whether before or after the commencement of this subsection, by or under any subsequent enactment.

(3) For the purposes of this Act, a company within the meaning of the Companies Acts 1963 to 2001, shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body of persons shall be deemed to be ordinarily resident at its principal office or place of business in the State.