Public Health (Tobacco) (Amendment) Act 2009
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Order of court consequent upon conviction of an offence. |
3.— The Principal Act is amended by the insertion of the following section: | |
“5A.— (1) Subject to subsection (2), if a person who is registered under section 37 (amended by section 5 of the Public Health (Tobacco) (Amendment) Act 2009) 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, the court shall, in addition to any fine or term of imprisonment imposed by the court in respect of the offence, order that the registration of the person shall cease to have effect— | ||
(a) in the case of a summary conviction of the offence, for such period as is specified in the order not exceeding 3 months, or | ||
(b) in the case of a conviction on indictment of the offence, for such period as is specified in the order not exceeding 12 months. | ||
(2) If a person, who is registered under section 37 in respect of more than one premises, is convicted of an offence under this Act and the offence relates to or was committed on one of those premises, the court shall, in addition to any fine or term of imprisonment imposed by the court in respect of the offence, order that the registration of the person in relation to that premises shall cease to have effect— | ||
(a) in the case of a summary conviction of the offence, for such period as is specified in the order not exceeding 3 months, or | ||
(b) in the case of a conviction on indictment of the offence, for such period as is specified in the order not exceeding 12 months. | ||
(3) If a person who has made an application under subsection (3) of section 37 is convicted of an offence under this Act before the Office has registered the person under that section, the court shall, in addition to any fine or term of imprisonment imposed by the court in respect of the offence, order that the person shall not be eligible to be so registered until the expiration— | ||
(a) in the case of a summary conviction of the offence, of such period as is specified in the order not exceeding 3 months, or | ||
(b) in the case of a conviction on indictment of the offence, of such period as is specified in the order not exceeding 12 months. | ||
(4) If a person who has made an application under subsection (4) of section 37 is convicted of an offence under this Act during the period of 15 months after such commencement but before the Office has registered the person under that section, the court shall, in addition to any fine or term of imprisonment imposed by the court in respect of the offence, order that the person— | ||
(a) is prohibited from carrying on the selling of tobacco products by retail for such period as is specified in the order not exceeding the unexpired part of the first-mentioned period, and | ||
(b) shall not be eligible to be so registered until the expiration of such further period as is specified in the order, | ||
provided that the aggregate of the periods referred to in paragraphs (a) and (b) specified in the order shall— | ||
(i) in the case of a summary conviction of the offence, not exceed 3 months, and | ||
(ii) in the case of a conviction on indictment of the offence, not exceed 12 months. | ||
(5) If a person (other than a person who has made an application under subsection (4) of section 37), who immediately before the commencement of the said section 37 carried on, in whole or in part, the business of selling tobacco products by retail, is convicted of an offence under this Act during the period of 3 months after such commencement, the court shall, in addition to any fine or term of imprisonment imposed by the court in respect of the offence, order that the person— | ||
(a) is prohibited from carrying on the selling of tobacco products by retail for such period as is specified in the order not exceeding the unexpired part of the first-mentioned period, and | ||
(b) shall not be eligible to be registered under that section until the expiration of such further period as is specified in the order, | ||
provided that the aggregate of the periods referred to in paragraphs (a) and (b) specified in the order shall— | ||
(i) in the case of a summary conviction of the offence, not exceed 3 months, and | ||
(ii) in the case of a conviction on indictment of the offence, not exceed 12 months. | ||
(6) A period specified in an order under this section shall not commence until— | ||
(a) the expiration of any period during which the conviction may be appealed, or | ||
(b) where the conviction is appealed and affirmed, the date of the decision of the court before which the appeal is heard affirming the conviction. | ||
(7) A person in respect of whom an order under subsection (1) is made shall, during the period specified in the order, be deemed not to be registered under section 37. | ||
(8) A person in respect of whom an order under subsection (2) is made shall, during the period specified in the order, be deemed not to be registered under section 37 in respect of the premises to which the offence concerned related or on which the offence was committed.”. |