Tobacco Advertising and Promotion Bill - continued        House of Commons

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Enforcement.     13. - (1) For the purposes of this Act "enforcement authority" means-
 
 
    (a) in England and Wales, a weights and measures authority;
 
    (b) in Scotland, a local weights and measures authority; and
 
    (c) in Northern Ireland, a district council.
      (2) It is the duty of an enforcement authority to enforce within its area the provisions of this Act and regulations made under it.
 
      (3) The appropriate Minister may direct, in relation to cases of a particular description or a particular case, that any duty imposed on an enforcement authority in England and Wales or Scotland by subsection (2) shall be discharged by the appropriate Minister and not by the enforcement authority.
 
      (4) The Department of Health, Social Services and Public Safety may direct, in relation to cases of a particular description or a particular case, that any duty imposed on an enforcement authority in Northern Ireland by subsection (2) shall be discharged by the Department and not by the enforcement authority.
 
      (5) The Secretary of State may take over the conduct of any proceedings instituted in England and Wales by another person under any provision of this Act or regulations made under it.
 
      (6) The Department of Health, Social Services and Public Safety may take over the conduct of any proceedings instituted in Northern Ireland by another person under any provision of this Act or regulations made under it.
 
      (7) For the purposes of the trying of offences under this Act or regulations made under it-
 
 
    (a) any such offence committed in England or Wales may be treated as having been committed in any place in England or Wales, so that any magistrates' court in England or Wales has jurisdiction to try the offence; and
 
    (b) any such offence committed in Northern Ireland may be treated as having been committed in any place in Northern Ireland, so that any magistrates' court in Northern Ireland has jurisdiction to hear and determine a complaint charging the offence.
Powers of entry, etc.     14. - (1) A duly authorised officer of an enforcement authority has the right, on producing, if so required, his written authority-
 
 
    (a) at any reasonable hour to enter any premises, other than premises used only as a private dwelling house, which he considers it is necessary for him to enter for the purpose of the proper exercise of his functions under this Act;
 
    (b) to carry out on those premises such inspections and examinations as he considers necessary for that purpose;
 
    (c) to require the production of any book, document, data, record (in whatever form it is held) or product and inspect it, take copies of or extracts from it, or take possession of it and retain it for as long as he considers necessary for that purpose;
 
    (d) to require any person to give him such information, or afford him such facilities and assistance, as he considers necessary for that purpose.
      (2) A duly authorised officer of an enforcement authority may make such purchases and secure the provision of such services as he considers necessary for the purpose of the proper exercise of his functions under this Act.
 
      (3) A person is not obliged by subsection (1) to answer any question or produce any document which he would be entitled to refuse to answer or to produce-
 
 
    (a) in or for the purposes of proceedings in a court in England and Wales, where the question is asked or the document is required by a duly authorised officer of an enforcement authority in England and Wales;
 
    (b) in or for the purposes of proceedings in a court in Northern Ireland, where the question is asked or the document is required by a duly authorised officer of an enforcement authority in Northern Ireland;
 
    (c) in or for the purposes of proceedings in a court in Scotland, where the question is asked or the document is required by a duly authorised officer of an enforcement authority in Scotland.
      (4) If a justice of the peace is satisfied by any written information on oath that for the purpose of the proper exercise of the functions of an enforcement authority under this Act there are reasonable grounds for entry into any premises, other than premises used only as a private dwelling house, and-
 
 
    (a) that admission to the premises has been or is likely to be refused and that notice of intention to apply for a warrant under this subsection has been given to the occupier; or
 
    (b) that an application for admission, or the giving of such notice, would defeat the object of the entry or that the premises are unoccupied or that the occupier is temporarily absent and it might defeat the object of the entry to await his return,
  the justice may by warrant signed by him, which shall continue in force until the end of the period of one month beginning with the date on which he signs it, authorise any duly authorised officer of an enforcement authority to enter the premises, if need be by force.
 
      (5) A duly authorised officer entering any premises by virtue of subsection (1) or of a warrant under subsection (4) may take with him when he enters those premises such other persons and such equipment as he considers necessary.
 
      (6) On leaving any premises which a duly authorised officer is authorised to enter by a warrant under subsection (4), that officer shall, if the premises are unoccupied or the occupier is temporarily absent, leave the premises as effectively secured against trespassers as he found them.
 
      (7) Where by virtue of subsection (1)(c) a duly authorised officer takes possession of any item, he shall leave on the premises from which the item was removed a statement giving particulars of what he has taken and stating that he has taken possession of it.
 
      (8) In the application of this section to Northern Ireland, the reference in subsection (4) to any information on oath shall be construed as a reference to any complaint on oath.
 
      (9) In the application of this section to Scotland, the reference in subsection (4) to a justice of the peace shall be construed as a reference to a sheriff.
 
      (10) Where a direction of the appropriate Minister has effect under section 13(3), this section and section 15 have effect, in relation to any case or case of a description specified in the direction, as if references to a duly authorised officer of an enforcement authority were references to a person acting on behalf of the appropriate Minister.
 
      (11) Where a direction of the Department of Health, Social Services and Public Safety has effect under section 13(4), this section and section 15 have effect, in relation to any case or case of a description specified in the direction, as if references to a duly authorised officer of an enforcement authority were references to a person acting on behalf of the Department.
 
      (12) Where-
 
 
    (a) the Secretary of State takes over any proceedings by virtue of section 13(5), or
 
    (b) the Department of Health, Social Services and Public Safety take over the conduct of any proceedings by virtue of section 13(6),
  this section and section 15 have effect, in relation to any case which is the subject of such proceedings, as if references to a duly authorised officer of an enforcement authority were references to a person acting on behalf of the Secretary of State or (as the case may be) the Department.
 
Obstruction, etc. of officers.     15. - (1) A person who-
 
 
    (a) intentionally obstructs a duly authorised officer of an enforcement authority who is acting in the proper exercise of his functions under this Act; or
 
    (b) without reasonable cause fails to comply with any requirement made of him by such an officer who is so acting,
  is guilty of an offence.
 
      (2) A person who, in giving any information which is properly required of him by a duly authorised officer of an enforcement authority, makes a statement which is false in a material particular is guilty of an offence.
 
      (3) It is a defence for a person charged with an offence under subsection (2) to prove-
 
 
    (a) that he did not know the material particular was false; and
 
    (b) that he had reasonable grounds to believe that it was true.
Penalties.     16. - (1) A person guilty of an offence under section 15(1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
 
      (2) A person guilty of an offence under or by virtue of any other provision of this Act is liable on summary conviction to imprisonment for a term not exceeding three months, or a fine not exceeding level 5 on the standard scale, or both.
 
Offences by bodies corporate and Scottish partnerships.     17. - (1) If an offence under any provision of this Act committed by a body corporate is proved-
 
 
    (a) to have been committed with the consent or connivance of an officer, or
 
    (b) to be attributable to any neglect on his part,
  the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
 
      (2) In subsection (1) "officer", in relation to a body corporate, means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.
 
      (3) If the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
 
      (4) If an offence under any provision of this Act committed by a partnership in Scotland is proved-
 
 
    (a) to have been committed with the consent or connivance of a partner, or
 
    (b) to be attributable to any neglect on his part,
  the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly
 
      (5) In subsection (4) "partner" includes a person purporting to act as a partner.
 
Regulations.     18. - (1) Powers to make regulations and orders under this Act are exercisable by statutory instrument.
 
      (2) Regulations, and orders under section 7, may make-
 
 
    (a) different provision for different cases or circumstances, and
 
    (b) any supplementary, consequential or transitional provision which the appropriate Minister (or the Secretary of State) considers necessary or desirable.
      (3) No statutory instrument containing an order under section 7 or regulations under section 9 or 11 is to be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
 
      (4) No statutory instrument containing regulations under section 8 is to be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House of Parliament, or laid before the Scottish Parliament and approved by a resolution of that Parliament.
 
      (5) A statutory instrument containing regulations under any other provision of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament or of the Scottish Parliament.
 
Transitional provisions: sponsorship.     19. - (1) The appropriate Minister may make regulations providing that, subject to the satisfaction (or continuing satisfaction) of any conditions specified in the regulations, section 10 is not to apply before a date so specified to a sponsorship agreement of a description so specified.
 
      (2) The date specified may not be later than 1st October 2006.
 
      (3) If, by virtue of regulations under this section, section 10 does not apply to a sponsorship agreement, the doing of anything as a result of that agreement is not an offence under any provision of this Act.
 
Interpretation.     20. In this Act-
 
 
    "appropriate Minister" means-
 
      (a) in relation to England, Wales and Northern Ireland, the Secretary of State, and
 
      (b) in relation to Scotland, the Scottish Ministers,
 
    "public" means the public generally, any section of the public or individually selected members of the public,
 
    "purpose" includes one of a number of purposes, and
 
    "tobacco advertisement" and "tobacco product" have the meaning given in section 1,
  and references to publishing include any means of publishing (and include, in particular, publishing by any electronic means, for example by means of the internet).
 
Commencement, short title and extent.     21. - (1) Apart from this section, this Act comes into force on such day as the appropriate Minister may by order appoint.
 
      (2) Different days may be appointed under subsection (1) for different provisions and for different purposes.
 
      (3) Such an order may include such transitional provisions and savings as the appropriate Minister considers appropriate.
 
      (4) This Act may be cited as the Tobacco Advertising and Promotion Act 2001.
 
      (5) This Act extends to Northern Ireland.
 
 
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Prepared 9 February 2001