Public Health (Tobacco) Act, 2002

Public Health (Tobacco) Act, 2002 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2002 Public Health (Tobacco) Act, 2002 Public Health (Tobacco) Act, 2002 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 6 of 2002 PUBLIC HEALTH (TOBACCO) ACT, 2002 ARRANGEMENT OF SECTIONS PART I Preliminary and General Section 1. Short title and commencement. 2. Interpretation. 3. Orders and regulations. 4. Expenses. 5. Offences and penalties. 6. Proceedings. 7. Service of documents. 8. Repeals, saver and revocations. PART 2 Office of Tobacco Control 9. Establishment of Office of Tobacco Control. 10. Functions of Office. 11. Conferral of additional functions on Office. 12. Membership of Office. 13. Conditions of office of members of Office. 14. Casual vacancies among members of Office. 15. Remuneration of members of Office. 16. Meetings and procedure. 17. Membership of either House of Oireachtas or European Parliament. 18. Disclosure by members of Office of certain interests. 19. Disclosure by members of staff of certain interests. 20. Prohibition of unauthorised disclosure of confidential information. 21. Committees of Office. 22. Tobacco Free Council. 23. Grants to Office. 24. Accounts and audits. 25. Annual report. 26. Power to borrow. 27. Gifts. 28. Chief executive. 29. Staff. 30. Remuneration of staff. 31. Transfer of staff to Office. 32. Superannuation. PART 3 Regulation and Control of Sale, Marketing and Smoking of Tobacco Products 33. Prohibition of advertising of tobacco products. 34. Advertisements in foreign publications. 35. Advertisements directed at persons engaged in the sale etc. of tobacco products. 36. Prohibition of sponsorship. 37. Register of retailers of tobacco products. 38. Prohibition of certain marketing practices. 39. Specifications in relation to tobacco products. 40. Requirement to provide information on and test tobacco products. 41. Publication of certain information etc. 42. Prohibition on certain assertions in relation to tobacco products. 43. Offences relating to sale by retail of tobacco products. 44. Exemption from section 43. 45. Prohibition on sale of tobacco products to person under 18 years of age. 46. Display of signs. 47. Prohibition or restriction on smoking of tobacco products. 48. Authorised officer. 49. Indemnification of authorised officers. 50. Taking of samples by authorised officers. 51. Laboratories. 52. Evidence in proceedings for an offence. 53. Forgery of documents. Acts Referred to Companies Act, 1963 1963, No. 33 Companies Act, 1990 1990, No. 33 Companies Acts, 1963 to 2001 Criminal Procedure Act, 1967 1967, No. 12 Education Act, 1998 1998, No. 51 European Parliament Elections Act, 1997 1997, No. 2 Finance Act, 1997 1997, No. 22 Finance (Excise Duty on Tobacco Products) Act, 1977 1977, No. 32 Health (Eastern Regional Health Authority) Act, 1999 1999, No. 13 Health Act, 1970 1970, No. 1 Health Acts, 1947 to 2001 Intoxicating Liquor Act, 1988 1988, No. 16 Irish Medicines Board Act, 1995 1995, No. 29 Minimum Notice and Terms of Employment Acts, 1973 to 2001 Organisation of Working Time Act, 1997 1997, No. 20 Petty Sessions (Ireland) Act, 1851 14 & 15 Vict., c. 93 Protection of Employees (Part-Time Work) Act, 2001 2001, No. 45 Redundancy Payments Acts, 1967 to 2001 Registration of Clubs Acts, 1904 to 2000 Safety, Health and Welfare at Work Act, 1989 1989, No. 7 Tobacco (Health Promotion and Protection) Act, 1988 1988, No. 24 Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) Act, 1978 1978, No. 27 Trade Marks Act, 1996 1996, No. 6 Unfair Dismissals Acts, 1977 to 2001 Number 6 of 2002 PUBLIC HEALTH (TOBACCO) ACT, 2002 AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A BODY TO BE KNOWN AS THE OFFICE OF TOBACCO CONTROL, TO PROVIDE FOR THE REGISTRATION OF PERSONS ENGAGED IN THE BUSINESS OF SELLING TOBACCO PRODUCTS BY RETAIL, TO PROVIDE FOR A PROHIBITION ON THE ADVERTISING OF TOBACCO PRODUCTS. A PROHIBITION ON SPONSORSHIP BY MANUFACTURERS AND IMPORTERS OF TOBACCO PRODUCTS AND PROHIBITIONS ON CERTAIN MARKETING PRACTICES IN RELATION TO TOBACCO PRODUCTS, TO PROVIDE FOR THE PROHIBITION OR RESTRICTION OF TOBACCO SMOKING IN CERTAIN PLACES, TO REPEAL THE TOBACCO PRODUCTS (CONTROL OF ADVERTISING, SPONSORSHIP AND SALES PROMOTION) ACT, 1978, AND THE TOBACCO (HEALTH PROMOTION AND PROTECTION) ACT, 1988, AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH. [27th March, 2002] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: PART 1 Preliminary and General Short title and commencement. 1.—(1) This Act may be cited as the Public Health (Tobacco) Act, 2002. (2) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions and for the repeal of different enactments effected by subsection (1) of section 8 and the revocation of different (or different provisions of) regulations effected by subsection (3) of that section. Interpretation. 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 ; “advertisement” includes, in relation to a tobacco product, every form of recommendation of the product to the public and in particular— (a) (i) a statement of the name of a manufacturer or importer of a tobacco product, the name of any brand of tobacco product, or (ii) a statement of any trade description or designation, or a display or other publication of a trademark, emblem, marketing image or logo, by reference to which the product is marketed or sold, in circumstances where such statement, display or publication may reasonably be regarded as a recommendation of the product to the public, and (b) a statement of the properties of the product on a label, container, wrapper or package used for the product or in a leaflet, circular, pamphlet or brochure issued to the public or given to a purchaser of the product, 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 ; “designated analyst” has the meaning assigned to it by section 51 ; “designated laboratory” has the meaning assigned to it by section 51 ; “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; “health board” means— (a) a board established under section 4 of the Act of 1970, or (b) an Area Health Board established by section 14 of the Health (Eastern Regional Health Authority) Act, 1999 ; “licensed premises” has the same meaning as it has in the Intoxicating Liquor Act, 1988 ; “Minister” means the Minister for Health and Children; “Office” means the Office of Tobacco Control established under section 9 ; “public service vehicle” means a mechanically propelled vehicle used for the carriage of persons for reward and having seating accommodation 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 ; “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; “tobacco product” means— (a) any product consisting, in whole or in part, of tobacco, that is intended to be smoked, (b) a tobacco product within the meaning of the Finance (Excise Duty on Tobacco Products) Act, 1977 (inserted by section 86 (1) of the Finance Act, 1997 ), (c) any cigarette paper, tube or filter manufactured for use in the smoking of tobacco, other than a medicinal product within the meaning of the Irish Medicines Board Act, 1995 . (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. Orders and regulations. 3.—Every order (other than an order under section 1 (2)) and regulation under this Act shall be laid by the Minister before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House sits after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder. Expenses. 4.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas. Offences and penalties. 5.—(1) A person guilty of an offence under section 20 shall be liable on summary conviction to a fine not exceeding €1,900, or to imprisonment for a term not exceeding 6 months, or to both. (2) A person guilty of an offence under section 37 (13), 43 , 45 , 46 , 47 or 48 shall be liable on summary conviction to a fine not exceeding €1,900, or to imprisonment for a term not exceeding 3 months, or to both. (3) A person guilty of an offence under section 33 , 36 , 37 (14), 38 , 39 , 40 , 42 or 53 shall be liable— (a) on summary conviction to a fine not exceeding €1,900, or to imprisonment for a term not exceeding 3 months, or to both, or (b) on conviction on indictment to a fine not exceeding €125,000, or to imprisonment for a term not exceeding 2 years, or to both. (4) Section 13 of the Criminal Procedure Act, 1967 , shall apply in relation to an offence under this Act as if, in lieu of the penalties specified in subsection (3)(a) of that section, there were specified therein the penalties provided for in subsection (3)(a), and the reference in subsection (2)(a) of the said section 13 to the penalties provided for by subsection (3) shall be construed and have effect accordingly. (5) Where an offence under this Act is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other officer of such body corporate or a person who was purporting to act in any such capacity, that officer or person shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence. (6) On conviction for an offence under this Act the court may, in addition to any other penalty, order any tobacco product or any apparatus, equipment or thing to which the offence relates to be forfeited. Proceedings. 6.—(1) Summary proceedings for an offence under this Act may be brought and prosecuted by the Office. (2) Summary proceedings for an offence under this Act may be brought and prosecuted by the health board within whose functional area the offence is alleged to have been committed. (3) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851 , summary proceedings for an offence under this Act may be instituted not later than 12 months from the date on which the Office or the health board concerned, as may be appropriate, forms the opinion that there exists sufficient evidence to justify instituting proceedings for the offence concerned, but in no case shall such proceedings be brought after 5 years from the date of the alleged commission of the offence. (4) References in section 382 of the Companies Act, 1963 , to a company shall, for the purposes of this Act, be construed as including references to a body corporate (whether or not a company within the meaning of that section) charged on indictment with an offence under this Act. Service of documents. 7.—A notice or other document under this Act shall be addressed to the person concerned by name, and may be served on or given to the person in one of the following ways: (a) by delivering it to the person. (b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address, (c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address. Repeals, saver and revocations. 8.—(1) The following enactments are hereby repealed, namely— (a) the Act of 1978; and (b) the Act of 1988. (2) Notwithstanding subsection (1), regulations made under the Act of 1978 or the Act of 1988 that are in force immediately before the commencement of that subsection shall, subject to subsection (3), continue in force after such commencement. (3) The following regulations are hereby revoked, namely— (a) the Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) Regulations, 1991 ( S.I. No. 326 of 1991 ); and (b) the Tobacco (Health Promotion and Protection) Regulations, 1995 ( S.I. No. 359 of 1995 ). PART 2 Office of Tobacco Control Establishment of Office of Tobacco Control. 9.—(1) There is hereby established a body to be known as the Office of Tobacco Control (in this Act referred to as the “Office”) to perform the functions assigned to it by this Act. (2) The Office shall be a body corporate with perpetual succession and an official seal and shall have power to sue, and may be sued, in its corporate name and, with the consent of the Minister and the Minister for Finance, shall have power to acquire, hold and dispose of land or an interest in land, and to acquire, hold and dispose of any other property. (3) The seal of the Office shall be authenticated by the signature of the chairperson of the Office, or by the signatures of both an ordinary member and a member of the staff of the Office authorised by the Office to act in that behalf. (4) Judicial notice shall be taken of the seal of the Office and every document purporting to be an instrument made by, and to be sealed with the seal of, the Office (purporting to be authenticated in accordance with this section) shall be received in evidence and be deemed to be such instrument without proof unless the contrary is shown. Functions of Office. 10.—(1) The general functions of the Office shall be to— (a) advise the Minister in relation to the formulation, and assist him or her in the implementation, of policies and objectives of the Government concerning the control and regulation of the manufacturing, sale, marketing and smoking of tobacco products, (b) consult with such national or international bodies or agencies having a knowledge or expertise in the field of smoking prevention for the purpose of identifying measures designed to eliminate, reduce the incidence of, or discourage smoking. (c) make such recommendations to the Minister as it deems appropriate in relation to measures that the Office considers should be taken in order to reduce or eliminate smoking or its effects in the State. (d) undertake, sponsor or commission, or provide financial or other assistance for, research aimed at identifying measures that when adopted are likely to reduce the incidence of smoking or its effects, (e) prepare and publish, in such manner as it thinks fit, reports on any research undertaken, sponsored or commissioned, or for which financial or other assistance was given, under paragraph (d), (f) furnish advice to the Minister, whenever he or she so requests, on matters relating to the control and regulation of the manufacture, importation, sale or supply of tobacco products and on measures to reduce, eliminate or discourage smoking, (g) provide, and where appropriate exchange with the Garda Síochána and the Revenue Commissioners, information relating to the control and regulation of the manufacture, sale, supply, importation and distribution of tobacco products, (h) prepare and implement a plan for the coordination nationally of the activities of the Office and of health boards in relation to this Act and the cooperation of the Office and the health boards in the performance of their functions under this Act, (i) furnish advice to the Minister, whenever he or she so requests, on matters relating to— (i) strategies employed by manufacturers, importers, distributors or retailers of tobacco products in the marketing, sale or promotion of such products, (ii) technology used in the manufacture, production or marketing of tobacco products, (iii) any innovations on the part of manufacturers, importers, distributors or retailers of tobacco products relating to the manufacture, production or marketing of those products, (j) coordinate and implement a programme for the inspection of all premises in which tobacco products are manufactured, stored, subjected to any process or sold by retail, and all premises to which the public have access, either as of right or with the permission of the occupier or person in charge of the premises concerned, for the purposes of ensuring that there is compliance with the provisions of this Act, (k) collect or disseminate such information as may reasonably be necessary for the effective performance of its functions, (l) furnish, whenever the Office considers it appropriate or is so requested by the Minister, advice or information to a Minister of the Government (including the Minister) in relation to any matter connected with its functions. (2) The Office shall have all such powers as are necessary or expedient for the performance of its functions. (3) The Office may perform any of its functions through or by a member of the staff of the Office duly authorised by the Office to act in that behalf. Conferral of additional functions on Office. 11.—(1) The Minister may, with the consent of the Minister for Finance and after consultation with such other Minister of the Government (if any) as he or she considers appropriate, by order confer on the Office such additional functions connected with the functions for the time being of the Office as he or she thinks fit, subject to such conditions (if any) as may be specified in the order. (2) An order under this section may contain such incidental, supplementary and consequential provisions as may, in the opinion of the Minister, be necessary to give full effect to the order. (3) (a) The Minister may, by order, amend or revoke an order under this section (including an order under this subsection). (b) An order under this subsection shall be made in the like manner, and its making shall be subject to the like consent and consultations (if any) as the order that it is amending or revoking. Membership of Office. 12.—(1) The Office shall consist of the following members, that is to say, a chairperson and 11 ordinary members. (2) The members of the Office shall be appointed by the Minister. (3) The chairperson of the Office shall hold office for a period of 5 years from the date of his or her appointment. (4) An ordinary member of the Office shall hold office for such period not exceeding 5 years as the Minister may determine when appointing him or her. (5) A member of the Office whose term of office expires by the effluxion of time shall be eligible for reappointment to the Office. Conditions of office of members of Office. 13.—(1) The Minister may at any time remove from office a member of the Office. (2) A member of the Office may resign from office by notice in writing given to the Minister and the resignation shall take effect on the date on which the Minister receives the notice. (3) A member of the Office shall cease to be qualified for office and shall cease to hold office if— (a) he or she is adjudicated bankrupt, (b) he or she makes a composition or arrangement with creditors, (c) he or she is convicted of any indictable offence in relation to a company, (d) he or she is convicted of an offence involving fraud or dishonesty, whether in connection with a company or not, (e) he or she is the subject of an order under section 160 of the Companies Act, 1990 , or (f) he or she is sentenced to a term of imprisonment by a court of competent jurisdiction. (4) A member of the Office shall, subject to the provisions of this Act, hold office upon such terms and conditions (including terms and conditions relating to remuneration and allowances) as may be determined by the Minister, with the consent of the Minister for Finance. Casual vacancies among members of Office. 14.—(1) If a member of the Office dies, resigns, ceases to be qualified for office and ceases to hold office or is removed from office, the Minister may appoint a person to be a member of the Office to fill the casual vacancy so occasioned in the same manner as the member of the Office who occasioned the casual vacancy was appointed. (2) A person appointed to be a member of the Office pursuant to this section shall hold office for that period of the term of office of the member who occasioned the casual vacancy concerned that remains unexpired at the date of his or her appointment and shall be eligible for reappointment as a member of the Office on the expiry of the said period. Remuneration of members of Office. 15.—The chairperson and ordinary members of the Office shall be paid by the Office such remuneration (if any) and such allowances for expenses as the Minister, with the approval of the Minister for Finance, may determine. Meetings and procedure. 16.—(1) The Office shall hold such and so many meetings as may be necessary for the due fulfilment of its functions. (2) At a meeting of the Office— (a) the chairperson of the Office shall, if present, be the chairperson of the meeting, or (b) if and so long as the chairperson of the Office is not present, or if that office is vacant, the members of the Office who are present shall choose one of their number to be chairperson of the meeting. (3) Every question at a meeting shall be determined by a majority of the votes of the members of the Office present and voting on the question and, in the case of an equal division of votes, the chairperson of the meeting shall have a second or casting vote. (4) The Office may act notwithstanding one or more vacancies among its members. (5) Subject to the provisions of this Act, the Office shall regulate its procedure by rules or otherwise. (6) The quorum for a meeting of the Office shall, unless the Minister otherwise directs, be 7. Membership of either House of Oireachtas or European Parliament. 17.—(1) Where a member of the Office is— (a) nominated as a member of Seanad Éireann, (b) elected as a member of either House of the Oireachtas or to be a representative in the European Parliament, or (c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act, 1997 , as having been elected to that Parliament, he or she shall thereupon cease to be a member of the Office. (2) Where a member of the staff of the Office is— (a) nominated as a member of Seanad Éireann, (b) elected as a member of either House of the Oireachtas or to be a representative in the European Parliament, or (c) regarded pursuant to the said Part XIII, as having been elected to that Parliament, he or she shall thereupon stand seconded from employment by the Office and shall not be paid by, or be entitled to receive from, the Office any remuneration or allowances in respect of the period commencing on such nomination or election, or when he or she is so regarded as having been elected (as the case may be), and ending when such person ceases to be a member of either such House or a representative in such Parliament. (3) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a representative in the European Parliament shall, while he or she is so entitled or is such a representative, be disqualified for membership of the Office or for employment in any capacity by the Office. (4) A period mentioned in subsection (2) shall not, for the purposes of any superannuation benefit, be reckoned as service with the Office. Disclosure by members of Office of certain interests. 18.—(1) Where at a meeting of the Office any of the following matters arises, namely— (a) an arrangement to which the Office is a party or a proposed such arrangement, or (b) a contract or other agreement with the Office or a proposed such contract or other agreement, then, any member of the Office present at the meeting who otherwise than in his or her capacity as such a member has an interest in the matter shall— (i) at the meeting disclose to the Office the fact of such interest and the nature thereof, (ii) neither influence nor seek to influence a decision to be made in relation to the matter, (iii) absent himself or herself from the meeting or that part of the meeting during which the matter is discussed, (iv) take no part in any deliberation of the Office relating to the matter, and (v) not vote on a decision relating to the matter. (2) Where an interest is disclosed pursuant to this section, the disclosure shall be recorded in the minutes of the meeting concerned and, for so long as the matter to which the disclosure relates is being dealt with by the meeting, the member by whom the disclosure is made shall not be counted in the quorum for the meeting. (3) Where at a meeting of the Office a question arises as to whether or not a course of conduct, if pursued by a member of the Office, would constitute a failure by him or her to comply with the requirements of subsection (1), the question may be determined by the chairperson of the meeting, whose decision shall be final, and where such a question is so determined, particulars of the determination shall be recorded in the minutes of the meeting. (4) Where the Minister is satisfied that a member of the Office has contravened subsection (1), the Minister may, if he or she thinks fit, remove that member from office and, in case a person is removed from office pursuant to this subsection, he or she shall thenceforth be disqualified for membership of the Office. Disclosure by members of staff of certain interests. 19.—(1) Where a member of the staff of the Office has an interest, otherwise than in his or her capacity as such a member, in any contract, agreement or arrangement, or proposed contract, agreement or arrangement, to which the Office is a party, that person shall— (a) disclose to the Office his or her interest and the nature thereof, (b) take no part in the negotiation of the contract, agreement or arrangement or in any deliberation by the Office or members of the staff of the Office in relation thereto, or (c) neither influence nor seek to influence a decision to be made in the matter nor make any recommendation in relation to the contract, agreement or arrangement. (2) Subsection (1) shall not apply to contracts or proposed contracts of employment of members of the staff of the Office with the Office. (3) Where a person contravenes this section the Office may make such alterations to the person's terms and conditions of employment as it considers appropriate or terminate the person's contract of employment. Prohibition of unauthorised disclosure of confidential information. 20.—(1) A person shall not disclose confidential information obtained by him or her while performing functions as— (a) a member or member of the staff of, or an adviser or consultant to, the Office, or (b) a member of a committee established under section 21 , unless he or she is duly authorised by the Office to so do. (2) A person who contravenes subsection (1) shall be guilty of an offence. (3) In this section “confidential information” includes— (a) information that is expressed by the Office to be confidential either as regards particular information or as regards information of a particular class or description, and (b) proposals of a commercial nature or tenders submitted to the Office by contractors, consultants or any other person. Committees of Office. 21.—(1) The Office may establish committees to advise it in relation to the performance of any or all of its functions and may determine the terms of reference and regulate the procedure of any such committee. (2) A committee established under this section may include persons who are not members of the Office. (3) A member of a committee established under this section may be removed from office at any time by the Office. (4) The Office may at any time dissolve a committee established under this section. (5) The Office may appoint a person to be chairperson of a committee established under this section. (6) There may be paid by the Office to members of a committee established under this section such allowances for expenses (if any) incurred by them as the Office may, with the consent of the Minister and the Minister for Finance, determine. Tobacco Free Council. 22.—(1) The Office shall establish a body to be known as the Tobacco Free Council (hereafter in this section referred to as the “Council”). (2) The Council shall make themselves available to be consulted by the Office in relation to the performance by the Office of functions (of such a class as may be determined by the Office, with the consent of the Minister) and may give advice or an opinion to the Office regarding any matter (of such a class as may, with the consent of the Minister, be determined by the Office) falling to be decided by the Office or the performance by it of such functions. (3) The Council shall consist of not more than 24 members of whom— (a) 12 shall be appointed by the Minister, of whom not less than one shall be a person or persons nominated by such body or bodies as the Minister may determine being— (i) (where the Minister makes a determination in relation to one body only) a body that has as its principal object, or (ii) (where the Minister makes a determination in relation to more than one body) bodies that have as their principal objects, the promotion of abstinence from smoking, and (b) the remainder shall be appointed by the Office. (4) The Office shall, after consultation with the Minister, determine the terms of reference and regulate the procedure of the Council. (5) A member of the Council may be removed from office at any time— (a) in the case of a member who is appointed by the Minister, by the Minister after consultation with the Office, and (b) in the case of a member who was appointed by the Office, by the Office after consultation with the Minister. (6) There may be paid by the Office to members of the Council such allowances for expenses (if any) incurred by them as the Office may, with the consent of the Minister and the Minister for Finance, determine. (7) The Office shall have regard to any advice or opinion given by the Council in relation to any matter (of such a class as may be determined by the Office, with the consent of the Minister) falling to be decided by the Office or in relation to the performance of any function (of such a class as may be determined by the Office, with the consent of the Minister). (8) The Office may publish any advice or opinion given to it by the Council. (9) The failure of the Office to consult the Council or to have regard to any advice or opinion of the Council in relation to any matter falling to be decided by the Office or the performance of any function by the Office shall not invalidate any decision taken or anything done by the Office. (10) The Office and the Minister shall endeavour to ensure that, in so far as is practicable, there are equal numbers of men and women on the Council. (11) The Office and the Minister shall, in so far as is practicable, endeavour to ensure that persons who have experience or expertise in matters relating to public health, entertainment, communications, sport, or who are representative of persons carrying on such trades, professions or commercial or industrial activities as the Office and the Minister may determine, are represented on the Council. Grants to Office. 23.—The Minister may, with the consent of the Minister for Finance, advance to the Office out of moneys provided by the Oireachtas such sums as the Minister may determine. Accounts and audits. 24.—(1) The Office shall keep in such form and in respect of such accounting periods as may be approved by the Minister, with the consent of the Minister for Finance, all proper and usual accounts of moneys received or expended by it, including an income and expenditure account, a cash flow statement and a balance sheet, and, in particular, shall keep in such form as aforesaid all such special accounts as the Minister may, with the consent of the Minister for Finance, or at his or her request shall, from time to time direct. (2) Accounts kept in pursuance of this section shall be submitted not later than 3 months after the end of the accounting period to which they relate by the Office to the Comptroller and Auditor General for audit and, immediately after the audit, a copy of the accounts, statement and balance sheet and of such other (if any) accounts kept pursuant to this section as the Minister, after consultation with the Minister for Finance, may direct, and a copy of the report of the Comptroller and Auditor General on the accounts shall be presented to the Minister who shall cause copies thereof to be laid before each House of the Oireachtas. (3) In this section “cash flow statement” means, in relation to an accounting period, an account showing the derivation of all moneys received by the Office during that period and the purposes to which they were applied. Annual report. 25.—The Office shall not later than 3 months after the end of each financial year prepare and submit to the Minister a report on its activities in the immediately preceding financial year and the Minister shall, as soon as may be, cause copies of the report to be laid before each House of the Oireachtas. Power to borrow. 26.—(1) The Office may, for the purpose of providing for current expenditure, from time to time borrow money (whether on the security of the assets of the Office or otherwise), but shall not do so without the consent of the Minister and the Minister for Finance. (2) The aggregate at any time of borrowings under subsection (1) shall not exceed €250,000. Gifts. 27.—(1) The Office may accept gifts of money, land or other property upon such trusts or conditions (if any) as may be specified by the donor. (2) The Office shall not accept a gift if the trusts or conditions attached to it would be inconsistent with its functions. Chief executive. 28.—(1) There shall be a chief executive officer of the Office (who shall be known as and is referred to in this Act as the “chief executive”). (2) The chief executive shall carry on and manage, and control generally, the administration of the Office and perform such other functions (if any) as may be determined by the Office. (3) The chief executive shall be appointed, and may be removed from office, by the Office, with the consent of the Minister. (4) The chief executive shall hold office upon and subject to such terms and conditions (including terms and conditions relating to remuneration and allowances) as may be determined by the Office with the consent of the Minister and the Minister for Finance. (5) The chief executive shall not hold any other office or employment or carry on any business without the consent of the Office. (6) The chief executive may attend meetings of the Office and may make submissions, orally or in writing, to and otherwise advise the Office at such meetings in accordance with the procedures of the Office under section 16 (5). Staff. 29.—(1) The Office shall appoint, with the consent of the Minister and the Minister for Finance, such and so many persons to be members of the staff of the Office as it may from time to time determine. (2) The terms and conditions of service of a member of the staff of the Office shall, with the consent of the Minister and the Minister for Finance, be such as may be determined from time to time by the Office. (3) There shall be paid by the Office to the members of its staff such remuneration and allowances as, from time to time, the Office, with the consent of the Minister and the Minister for Finance, determines. Remuneration of staff. 30.—The Office, in determining the remuneration or allowances for expenses to be paid to members of its staff or the other terms or conditions subject to which such members hold or are to hold their employment, shall have regard to Government or nationally agreed guidelines which are for the time being extant and to Government policy concerning remuneration and conditions of employment which is so extant and, in addition to the foregoing, the Office shall comply with any directives with regard to such remuneration, allowances, terms or conditions which the Minister may give to the Office with the consent of the Minister for Finance. Transfer of staff to Office. 31.—(1) Every person (whether an officer of the Minister or not) who immediately before the commencement of this section is assigned to perform duties in relation to that part of the Department of State for which the Minister has charge known as the Office of Tobacco Control, and who is designated by the Minister for employment by the Office shall be transferred to and become a member of the staff of the Office on such day as may be specified by the Minister after consultation with the Office. (2) Save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, a person referred to in subsection (1) shall not, while in the service of the Office be subject to less beneficial conditions of service (including conditions in relation to tenure of office) or of remuneration than the conditions of service (including conditions in relation to tenure of office) or remuneration to which he or she was subject immediately before the commencement of this section. (3) In relation to persons transferred to the Office under subsection (1), previous service in the civil service shall be reckonable for the purposes of, but subject to any exceptions or exclusions in, the Redundancy Payments Acts, 1967 to 2001, the Protection of Employees (Part-Time Work) Act, 2001 , the Organisation of Working Time Act, 1997 , the Minimum Notice and Terms of Employment Acts, 1973 to 2001, and the Unfair Dismissals Acts, 1977 to 2001. Superannuation. 32.—(1) As soon as may be after its establishment, the Office shall prepare and submit to the Minister a scheme or schemes for the granting of superannuation benefits to or in respect of such of its staff (including the chief executive) as the Office shall think fit. (2) Every such scheme shall fix the time and conditions of retirement for all persons to, or in respect of whom, superannuation benefits are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons. (3) The Office may at any time prepare and submit to the Minister a scheme amending a scheme previously submitted and approved under this section. (4) A scheme or amending scheme submitted to the Minister under this section shall, if approved by the Minister with the consent of the Minister for Finance, be carried out by the Office in accordance with its terms. (5) If any dispute arises as to the claim of any person to, or the amount of, any superannuation benefit in pursuance of a scheme under this section, such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance whose decision shall be final. (6) No superannuation benefit shall be granted by the Office to or in respect of any of its staff (including the chief executive) who are members of a scheme under this section, nor shall any other arrangement be entered into for the provision of any superannuation benefit to such persons on their ceasing to hold office, other than in accordance with such scheme or schemes submitted and approved under this section. (7) Where, in the period beginning on the commencement of section 9 and ending immediately before the commencement of a scheme under this section, a superannuation benefit falls due for payment to or in respect of a person who was transferred to the staff of the Office under section 31 , the benefit shall be calculated by the Office in accordance with such scheme, or such enactments in relation to superannuation, as applied to the person immediately before the commencement of the said section 9 or such day as may be specified by the Minister under section 31 (1) and, for that purpose, his or her pensionable service with the Office shall be aggregated with his or her previous pensionable service and shall be paid by the Office. (8) The Minister shall cause every scheme submitted and approved under this section to be laid before each House of the Oireachtas as soon as may be after it is approved, and if either such House within the next 21 days on which that House has sat after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to anything previously done thereunder. PART 3 Regulation and Control of Sale, Marketing and Smoking of Tobacco Products Prohibition of advertising of tobacco products. 33.—(1) Subject to section 34 and 35 , a person who advertises, or causes the advertisement of, a tobacco product shall be guilty of an offence. (2) It shall be an offence for a person to sell or cause to be sold, by retail, or otherwise supply or cause to be supplied, to a member of the public a product (other than a tobacco product) that bears— (a) the name of the manufacturer of a tobacco product, or the name of any brand of tobacco product, or (b) any trade description, designation, trademark, emblem, marketing image or logo by reference to which a tobacco product is marketed or sold. Advertisements in foreign publications. 34.—(1) The Office may, upon the application in writing of a press distributor, exempt from the application of section 33 advertising of tobacco products contained in such publications as are specified in the exemption concerned for such period (not exceeding one year) as is so specified, where it is satisfied that— (a) the publication concerned has a circulation in the State— (i) in the case of a daily or weekly publication, not exceeding 3,000, or (ii) in the case of any other publication, not exceeding 1,000, (b) it would not be practicable for economic reasons to require— (i) the excision or omission from the publication of an advertisement the inclusion of which in a publication distributed in the State would, but for the granting of an exemption under this section, constitute an offence under section 33 , or (ii) the publisher concerned to produce an edition of the publication for distribution solely or mainly in the State, (c) no part of the publication is printed specially or mainly for distribution in the State, (d) any advertisement of tobacco products contained in the publication is lawful in the place where the publication is printed or first published, (e) the publisher of the publication does not publish an edition thereof that does not contain advertisements of tobacco products, (f) the publication is not produced solely or mainly for the purpose of promoting the smoking or sale of tobacco products, and (g) the publication is not produced solely or mainly for sale or distribution to persons who have not attained the age of 18 years. (2) Section 33 shall not apply to an advertisement in a publication in respect of which an exemption under this section is in force. (3) An exemption under this section shall be in writing. (4) The Office may revoke an exemption under this section where, in respect of the publication concerned, it ceases to be satisfied in relation to any one or more of the matters specified in subsection (1). (5) In this section— “press distributor” means a person who carries on the business of supplying newspapers, magazines or other periodicals to persons for the purpose of their selling those newspapers, magazines or periodicals by retail; “publication” includes a newspaper, magazine or any other periodical. Advertisements directed at persons engaged in the sale etc. of tobacco products. 35.— Section 33 shall not apply to the advertising of tobacco products, in such form and subject to such conditions as may be prescribed by regulations made by the Minister, that is directed solely at persons who carry on, in whole or in part, the business of selling or distributing tobacco products. Prohibition of sponsorship. 36.—(1) It shall be an offence for a person to give financial or other assistance, or cause financial or other assistance to be given, to or for the benefit of a person, or for or in relation to an event or activity, in consideration of the— (a) use, display or advertising by the person, or at the event or activity concerned, (b) association with the person, event or activity, or (c) promotion, of a tobacco product, the name of a tobacco manufacturer or importer, the name of a brand of tobacco product or a trademark, emblem, marketing image or logo used in the marketing of a tobacco product. (2) It shall be an offence for a person to receive financial or other assistance to which subsection (1) applies. Register of retailers of tobacco products. 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. (7) If a person, who is registered under this section, is convicted of an offence under this Act, and the offence relates to or was committed on premises in respect of which the person carries on, in whole or in part, the business of selling tobacco products by retail (being premises in respect of which the person is for the time being so registered) the Office shall, in circumstances where the person is so registered in respect of premises other than the first-mentioned premises, remove the address of the first-mentioned premises from the register, and such person shall not, before the expiration of— (a) the period of 3 months (in the case of a person convicted summarily of an offence), or (b) the period of one year (in the case of a person convicted of an offence on indictment), from the address being so removed, be eligible to be registered under this section in respect of the premises concerned, and the Office shall not, until such expiration, perform, in relation to any application by the person under this section, any function under subsection (6). (8) If a person, who is registered under this section, is convicted of an offence under this Act, and the offence relates to or was committed on premises in which the person carries on, in whole or in part, the business of selling tobacco products by retail (being the only premises in respect of which the person is for the time being so registered) the Office shall remove from the register that person's name, the address of those premises, the registration number in respect of him or her and any other particulars entered in the register relating to him or her, and such person shall not, before the expiration of— (a) the period of 3 months (in the case of a person convicted summarily of an offence), or (b) the period of one year (in the case of a person convicted of an offence on indictment), from his or her being so removed, be eligible to be registered under this section in respect of those premises, and the Office shall not, until such expiration, perform, in relation to any application by the person under this section, any function under subsection (6). (9) Where a person, who has made an application under subsection (3) in respect of which the Office has not yet performed a function under subsection (6), is convicted of an offence under this Act, that person shall not be eligible to be registered under this section before the expiration of— (a) the period of 3 months (in the case of a person convicted summarily of an offence), or (b) the period of one year (in the case of a person convicted of an offence on indictment), from him or her being so convicted, and the Office shall not during that period perform any function under subsection (6) in relation to his or her application. (10) Where a person to whom subsection (4) applies is convicted of an offence under this Act during the 3 month period referred to therein he or she shall not be eligible to be registered under this section before the expiration of— (a) the period of 6 months (in the case of a person convicted summarily of an offence), or (b) the period of 15 months (in the case of a person convicted of an offence on indictment), from the commencement of this section and the Office shall not during the said period of 6 months or the said period of 15 months, as the case may be, perform any function under subsection (6) in relation to an application under this section by him or her after his or her being so convicted. (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. (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) 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) It shall be lawful for a person to whom paragraph (b) applies and who has made an application under subsection (4) in respect of premises to which that subsection applies 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 such premises (being premises in respect of which he or she is not registered under this section). Prohibition of certain marketing practices. 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. (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. (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. (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. (6) 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. (7) 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. (8) 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. (9) The Minister may, for the purpose of ensuring that the price at which a tobacco product is sold does not constitute a sales promotion device, by regulations make such provision in relation to the price at which tobacco products or tobacco products of such class as may be specified in the regulations may be sold as he or she considers appropriate. (10) A person who sells or invites an offer to purchase a tobacco product in contravention of regulations under subsection (9) shall be guilty of an offence. Specifications in relation to tobacco products. 39.—(1) Such tobacco products and such classes of tobacco products as may be prescribed by regulations made by the Minister shall comply with such standards and requirements relating to their manufacture, importation, distribution and sale as may be so prescribed. (2) A person who manufactures or imports, or who sells (whether by retail or otherwise) or invites an offer to purchase, a tobacco product in relation to which there is a contravention of regulations under this section shall be guilty of an offence. Requirement to provide information on and test tobacco products. 40.—(1) A manufacturer or importer of tobacco products shall provide the Office with such information (within such period as it may, from time to time by notice in writing, require) relating to— (a) the tobacco products …