Commentary on sections Section 8: Displays
33.This section provides that the Secretary of State may make regulations concerning the permissible display of tobacco products and their prices at places or websites where they are offered for sale. The Government regards the current practice of storing tobacco products for the most part in a gantry with minimal advertising as perfectly satisfactory and has no current plans to make regulations under this section. However, the Government feels that it is important to have the power to control displays if displays of tobacco products start to become quasi-advertisements.
34.Subsection (1) makes it an offence to display tobacco products if the display does not comply with any requirements as may be specified in regulations. This includes electronic displays on websites.
35.Subsection (2) exempts persons who do not carry on business in the United Kingdom from the offence of displaying tobacco products (or causing them to be displayed) where they do so via the internet. This reflects the fact that access to a website cannot be controlled by its originator.
36.Subsection (3) provides that the regulations may set out the meaning of 'place'. This is a parallel provision to section 4(4).
37.Subsection (4) requires that any regulations made under this section must clarify how displays which amount to advertisements are to be regulated. Given that the Government would be regulating both for advertising and displays at points of sale, it would be essential to specify under which regulatory regime displays which also amounted to advertisements were to be treated.