F55[38.—(1) It shall be an offence for a person to sell cigarettes by retail other than in a packet containing not less than 20 cigarettes.]

F56[(2) It shall be an offence for a person to manufacture, import, supply, sell or invite an offer to purchase an oral smokeless tobacco product.]

F55[(3) It shall be an offence for a person to sell confectioneries normally intended for sale to children, that have been manufactured in such a way as to resemble in appearance a type of tobacco product.]

F56[(4) It shall be an offence for a person to—

(a) import,

(b) sell (by retail or otherwise), or

(c) otherwise supply to, or invite an offer to purchase by, any person,

a tobacco product, the packaging of which does not bear a warning in such form and of such a type as may be prescribed by regulations made by the Minister, that is intended to inform the public that the consumption of the product is injurious to health, and a statement containing such other information as may be so prescribed in such form as may be so prescribed.]

(5) It shall be an offence for a person to—

(a) import,

(b) sell (by retail or otherwise), or

(c) otherwise supply to, or invite an offer to purchase by, any person,

a tobacco product, the packaging of which does not bear a number in such form as may be prescribed by regulations made by the Minister, that enables the lot or batch from which the product originated and the date and place of its manufacture to be ascertained.

F56[F57[(6) Regulations under subsection (4) or (5) may be made for the purpose of—

(a) F58[“giving effect or further effect] to Article 5 of the Directive of 2001,

F58[(b) giving effect or further effect to—

(i) Commission Decision No. 2003/641/EC of 5 September 2003¹ on the use of colour photographs or other illustrations as health warnings on tobacco packages,

(ii) Commission Decision C(2005) 1452 final of 26/V/2005 on the library of selected source documents containing colour photographs or other illustrations for each of the additional warnings listed in Annex 1 to Directive 2001/37/EC of the European Parliament and of the Council, or

(iii) Commission Decision C(2006) 1502 final of 12/IV/2006 amending Commission Decision C(2005) 1452 final of 26 May 2005 on the library of selected source documents containing colour photographs or other illustrations for each of the additional warnings listed in Annex 1 to Directive 2001/37/EC of the European Parliament and of the Council,]

(c) giving effect or further effect to any act adopted by an institution of the European Communities amending the said Article 5 F58[or any or all of the Commission Decisions referred to in sub-paragraphs (i), (ii) and (iii) of paragraph (b).]]

(7) It shall be an offence for a person to supply free of charge to a member of the public any tobacco product for the purpose of promoting the consumption of that product.

(8) It shall be an offence for a person to supply or sell to a member of the public any voucher, coupon or other document or thing (intended to be used as a substitute for money) for the purpose of its being—

(a) used as payment or payment in part, or

(b) otherwise exchanged,

for a tobacco product.

(9) It shall be an offence for a person to sell a tobacco product by retail, or supply a tobacco product to, or invite an offer to purchase by, a member of the public of a tobacco product where part of the consideration to be given to the purchaser is a gift, token, trading stamp, coupon or other document or thing that may be exchanged for or used as payment or payment in part for certain goods.

F59[(10) The Minister may make regulations in relation to the control and regulation of activities which are intended or are likely to promote the sale of tobacco products.]

F60[(10A) Without prejudice to the generality of subsection (10), regulations under subsection (10) may make provision for all or any of the following:

(a) the prohibition of the sale (by whatever means) of any tobacco product at a reduced price to a person on the purchase by that person of any other—

(i) tobacco product, or

(ii) product or service;

(b) the prohibition of the making available (by whatever means) of any tobacco product to a person free of charge on the purchase by that person of any other—

(i) tobacco product, or

(ii) product or service;

(c) the prohibition of the promotion (by whatever means) of any tobacco product to a person at a reduced price or free of charge on the purchase by that person of any other—

(i) tobacco product, or

(ii) product or service;

(d) the prohibition of the—

(i) sale (by whatever means),

(ii) making available (by whatever means), or

(iii) promotion (by whatever means),

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

F59[(11) A person who contravenes a provision of regulations made under subsection (10) shall be guilty of an offence.]]

F61[(12) In this section "European Communities" has the same meaning as it has in the European Communities Act 1972.]