Public Health (Tobacco) Act, 2002
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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. |