F49[37.—(1) The Office shall, on the commencement of this section, cause to be established and maintained a register of all persons who carry on, in whole or in part, the business of selling tobacco products by retail (hereafter in this Act referred to as "the register").

(2) The Office may, for the purpose of defraying any expense incurred in establishing or maintaining the register, charge each person registered under this section a fee of such amount as may be determined by the Minister (in this section referred to as the “appropriate fee”).

(3) Where a person proposes to carry on, in whole or in part, the business of selling tobacco products by retail he or she shall, in accordance with this section, apply to the Office to be registered in the register.

(4) A person who immediately before the commencement of this section was carrying on, in whole or in part, the business of selling tobacco products by retail shall, if he or she wishes to continue carrying on that business, apply, not later than 3 months after such commencement, to the Office to be registered in the register.

(5) An application under this section shall—

(a) be in writing,

(b) specify the name of the applicant and the address at which he or she ordinarily resides,

(c) specify the address of each premises at which the applicant carries on, in whole or in part, the business of selling tobacco products by retail,

(d) contain such other information as may be prescribed by regulations made by the Minister,

and shall be accompanied by the appropriate fee.

(6) As soon as practicable after an application under this section, in respect of which there is compliance with subsection (5), is received by the Office, the Office shall, subject to subsection (9), enter in the register—

(a) the applicant's name and the address at which he or she ordinarily resides,

(b) the address of each premises at which he or she carries on, in whole or in part, the business referred to in subsection (1),

(c) a number from which it will be possible to identify the applicant (in this Act referred to as the “registration number”),

(d) the names of the persons who supply the applicant with tobacco products in connection with his or her business, and

(e) such other particulars as the Office considers appropriate,

and a person shall, upon the Office so entering the matters specified in this subsection in relation to him or her, be registered for the purposes of this section.

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F51[(9) Where a person, who has made an application under subsection (3) is convicted of an offence under this Act F52[or under the Act of 2015] before the Office has registered the person under this section, that person shall not be eligible to be registered under this section before the expiration of the period specified in the order under subsection (3) of section 5A (inserted by section 3 of the Public Health (Tobacco) (Amendment) Act 2009) made by the court upon conviction of the offence, and the Office shall, during that period, not perform any function under subsection (6) in relation to his or her application.]

F51[(10) Where a person who has made an application under subsection (4) is convicted of an offence under this Act during the period of 15 months after the commencement of this section but before the Office has registered the person under this section, he or she shall not be eligible to be registered under this section before the expiration of the periods specified in an order under subsection (4) of section 5A made by the court upon conviction of the offence, and the Office shall, during the periods so specified, not perform any function under subsection (6) in relation to his or her application.]

F53[(10A) Where a person who—

(a) immediately before the commencement of this section carried on, in whole or in part, the business of selling tobacco products by retail, and

(b) has not made an application under subsection (4),

is convicted of an offence under this Act during the period of 3 months after the commencement of this section, he or she shall not be eligible to be registered under this section before the expiration of the periods specified in an order under subsection (5) of section 5A made by the court upon conviction of the offence, and the Office shall, during the periods so specified, not perform any function under subsection (6) in relation to any application made by him or her to be registered under this section.]

(11) A person registered in the register shall, if a particular entered in the register in accordance with subsection (6) ceases to be correct, so inform the Office as soon as may be.

(12) The Office shall upon becoming aware that any particular entered in the register is incorrect or has ceased to be correct make such alterations to the register as it considers necessary.

(13) A person who, in purported compliance with subsection (5), knowingly or recklessly provides information or a particular to the Office that is false or misleading in a material respect, or who believes any such information or particular provided by him or her, in purported compliance with that subsection, not to be true, shall be guilty of an offence.

(14) Subject to subsection (15), it shall be an offence for a person to sell a tobacco product, or cause a tobacco product to be sold, by retail.

F51[(15) (a) It shall be lawful for a person to sell a tobacco product, or cause a tobacco product to be sold by retail, in accordance with this Act, from premises in respect of which he or she is registered under this section.

(b) Subject to any order under subsection (4) or (5) of section 5A, it shall be lawful for a person who, immediately before the commencement of this section, carried on, in whole or in part, the business of selling tobacco products by retail, to sell a tobacco product, or cause a tobacco product to be sold, by retail, in accordance with this Act, during the period of 3 months after such commencement, from premises (being premises in respect of which he or she is not registered under this section) in which, immediately before such commencement, he or she carried on such business.

(c) Subject to any order under subsection (4) or (5) of section 5A, it shall be lawful for a person to whom paragraph (b) applies and who has made an application under subsection (4) to sell a tobacco product, or cause a tobacco product to be sold, by retail, in accordance with this Act, during the period of 12 months after the expiration of the period of 3 months referred to in that subsection, from premises (being premises in respect of which he or she is not registered under this section) in which, immediately before such commencement, he or she carried on such business.]]