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Amendments to the Tobacco Advertising and Promotion Bill

Tobacco Advertising and Promotion Bill


AMENDMENTS
TO BE MOVED
IN COMMITTEE


 

Clause 1

 

THE VISCOUNT OXFUIRD
THE EARL OF LIVERPOOL
THE LORD WADE OF CHORLTON
THE LORD GEDDES

Page 1, line 3, leave out "an advertisement" and insert "any form of commercial communication"
Page 1, line 3, leave out from "means" to "and" in line 5 and insert "any form of commercial communication whose purpose is to promote a tobacco product,"
Page 1, line 4, leave out from "product," to "and" in line 5
Page 1, line 5, after "so," insert—
  "provided that—
(i)  no tobacco product itself;
(ii)  no packaging of a tobacco product;
(iii)  no invoices, letterheads, price lists and other stationery ordinarily used in the course of a business to identify that business;
(iv)  no inscriptions, marks or signs exhibited on premises or vehicles ordinarily used in the course of business to identify that business;
(v)  no communication of words in print, orally or by any other means in a context in which an advertisement the purpose of which is not intended to promote a tobacco product;
  shall be a tobacco advertisement,"
Page 1, line 7, leave out "sniffed,"
Page 1, line 7, at end insert "but does not include a product which is made partly of tobacco (or any of its constituents) and is intended to assist a consumer of tobacco products to stop or reduce his use of such products"
 

Clause 2

 

THE VISCOUNT OXFUIRD
THE EARL OF LIVERPOOL
THE LORD WADE OF CHORLTON
THE LORD GEDDES

Page 1, line 15, leave out subsection (3)
Page 1, line 16, leave out from "form" to end of line
Page 1, line 17, leave out subsection (4)
Page 1, line 17, leave out "who does not carry on business" and insert "whose place of establishment is not"
 

THE EARL HOWE

Page 1, line 17, leave out "carry on business" and insert "transact with a person living"
 

THE VISCOUNT OXFUIRD
THE EARL OF LIVERPOOL
THE LORD WADE OF CHORLTON
THE LORD GEDDES

Page 1, line 21, at end insert—
"(   )  It is not an offence under subsection (1) or (2) for a person who does not initiate the transmission in electronic form or otherwise of a tobacco advertisement merely to provide the means of its transmission or publication."
 

Clause 4

 

THE VISCOUNT OXFUIRD
THE EARL OF LIVERPOOL
THE LORD WADE OF CHORLTON
THE LORD GEDDES

Page 2, line 14, leave out "and directed solely at" and insert "to"
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD LUKE

Page 2, line 15, at end insert—
"(   )  if it is printed on sportswear or sports equipment which is directed primarily at persons engaged in any capacity in that trade (even if they are also engaged in another trade),"
 

THE VISCOUNT OXFUIRD
THE EARL OF LIVERPOOL
THE LORD WADE OF CHORLTON
THE LORD GEDDES

Page 2, line 15, at end insert—
"(   )  if it is, or is contained in, a communication directed solely at employees and shareholders (or both) of a tobacco company,"
Page 2, line 16, leave out paragraph (b)
Page 2, line 16, leave out from first "in," to "information" in line 17 and insert "a communication with a person who has requested"
Page 2, line 16, leave out from first "in," to end of line 18 and insert "a communication made to persons in accordance with a code of practice laid down in regulations by the appropriate Minister"
Page 2, line 16, leave out from "in," to the end of line 18 and insert—
  "a communication with a person who has provided and confirmed in writing—
(i)  their name and address;
(ii)  their age as being over 18 years; and
(iii)  their wish to receive tobacco advertisements and information about tobacco products,
  provided always that any such person shall be able at any time to have their name removed from any such database,"
Page 2, line 17, leave out "particular"
Page 2, line 19, leave out "(other than an in-flight magazine)"
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD LUKE

Page 2, line 21, after "publication," insert—
"(   )  if it is printed on sportswear or sports equipment whose principal market is not the United Kingdom (or any part of it),"
 

THE VISCOUNT OXFUIRD
THE EARL OF LIVERPOOL
THE LORD WADE OF CHORLTON
THE LORD GEDDES

Page 2, line 22, leave out paragraph (d)
 

THE EARL HOWE

Page 2, leave out line 23
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD LUKE

Page 2, line 23, at end insert ", or
(   )  if it is the whole or part of an exhibit at or near a museum,"
 

THE VISCOUNT OXFUIRD
THE EARL OF LIVERPOOL
THE LORD WADE OF CHORLTON
THE LORD GEDDES

Page 2, line 24, leave out subsection (2)
Page 2, line 24, leave out "appropriate Minister" and insert "Secretary of State"
Page 2, line 26, after "place" insert ", catalogue"
Page 2, line 26, at end insert "or is, or is contained in, a communication that is made to an individual,"
Page 2, line 30, at end insert—
"(   )  For the avoidance of doubt, in subsection (1)(c) the "principal market" is not the United Kingdom where the total number of publications distributed in the United Kingdom (or any part of it) is less than the total number of publications distributed outside the United Kingdom."
 

THE EARL HOWE

Page 2, line 31, leave out subsection (4)
 

THE VISCOUNT OXFUIRD
THE EARL OF LIVERPOOL
THE LORD WADE OF CHORLTON
THE LORD GEDDES

Page 2, line 31, leave out subsection (4)
 

Clause 5

 

THE EARL HOWE

Page 2, line 38, leave out "had no reason to suspect" and insert "could not reasonably have been expected to know".
Page 2, line 41, leave out "he could not reasonably have" insert "it could not reasonably have been"
Page 3, line 2, leave out "had no reason to suspect" and insert "could not reasonably have been expected to know"
 

THE VISCOUNT OXFUIRD
THE EARL OF LIVERPOOL
THE LORD WADE OF CHORLTON
THE LORD GEDDES

Page 3, line 5, leave out ", otherwise than as mentioned in section 2(3),"
 

THE EARL HOWE

Page 3, line 6, leave out "had no reason to suspect" and insert "could not reasonably have been expected to know"
Page 3, line 8, at end insert—
"(   )  It is a defence for a person charged with an offence under section 2(3) of publishing or distributing something else which is accompanied by a separate entity containing, or being, a tobacco advertisement that he did not know, and could not reasonably have been expected to know, that the publication contained a tobacco advertisement."
 

THE VISCOUNT OXFUIRD
THE EARL OF LIVERPOOL
THE LORD WADE OF CHORLTON
THE LORD GEDDES

Page 3, line 9, leave out subsections (5) and (6)
Page 3, line 21, leave out "he did not carry on business" and insert "the place of establishment of his business was not"
 

THE EARL HOWE

Page 3, line 24, leave out "had no reason to suspect" and insert "could not reasonably have been expected to know"
 

After Clause 5

 

THE VISCOUNT OXFUIRD
THE EARL OF LIVERPOOL
THE LORD WADE OF CHORLTON
THE LORD GEDDES

Insert the following new Clause—
  "Advertising: electronic means
(1)  Distributing a tobacco advertisement includes transmitting it in electronic form, participating in doing so, and providing the means of transmission.
(2)  It is not an offence under section 2(1) for a person who does not carry on business in the United Kingdom to publish, or cause to be published, a tobacco advertisement by means of a website which is accessed in the United Kingdom; and, in that case, devising the advertisement or causing it to be devised is not an offence under section 2(2).
(3)  The appropriate Minister may provide in regulations that no offence is committed under section 2 in relation to a tobacco advertisement which—
(a)  is on a website where tobacco products are offered for sale, and
(b)  complies with requirements specified in the regulations.
(4)  In relation to a tobacco advertisement which is published, or caused to be published, by electronic means by an internet service provider, it is a defence for him, if charged with an offence under section 2(1), to prove that he was unaware that what he published, or caused to be published, was, or contained, a tobacco advertisement.
(5)  In relation to a tobacco advertisement which is distributed as referred to in subsection (1), it is a defence for a person charged with an offence under section 2(2) of distributing it, or causing its distribution, to prove—
(a)  that he was unaware that what he had distributed, or caused to be distributed, was, or contained, a tobacco advertisement,
(b)  that, having become aware of it, he was not able to prevent its further distribution, or
(c)  that he did not carry on business in the United Kingdom at the relevant time.
(6)  The Secretary of State may by order amend any provision of this Act if he considers it appropriate to do so in consequence of any developments in technology relating to publishing or distributing by electronic means.
(7)  "Internet service provider" means a person who provides access to the internet.
(8)  "Website" means a location on the internet accessed by an address at which information is made available."
 

Clause 6

 

THE VISCOUNT OXFUIRD
THE EARL OF LIVERPOOL
THE LORD WADE OF CHORLTON
THE LORD GEDDES

Page 3, line 30, at end insert—
"(   )  in a catalogue, price list or website of a specialist tobacconist,"
 

THE EARL HOWE

Page 3, leave out lines 32 to 34
Page 3, line 35, leave out "shop" and insert "business"
 

THE VISCOUNT OXFUIRD
THE EARL OF LIVERPOOL
THE LORD WADE OF CHORLTON
THE LORD GEDDES

Page 3, line 35, after "shop" insert ", catalogue, price list or website"
Page 3, line 36, leave out "half" and insert "one-third"
 

THE EARL HOWE

Page 3, line 36, leave out from "sales" to "derive" in line 37
 

THE VISCOUNT OXFUIRD
THE EARL OF LIVERPOOL
THE LORD WADE OF CHORLTON
THE LORD GEDDES

Page 3, line 36, leave out "on the premises in question"
Page 3, line 38, at end insert—
"(   )  For the purposes of this Act, smoking accessories are items which are used by the smoker in direct relation to smoking."
 

THE EARL HOWE

Page 3, line 41, after "available" insert "(or, if the most recent period for which accounts are available is different from twelve months, that period recalculated to an equivalent twelve month period on a pro rata basis)"
Page 3, line 42, after "established" insert "the pro rata amount"
 

THE VISCOUNT OXFUIRD
THE EARL OF LIVERPOOL
THE LORD WADE OF CHORLTON
THE LORD GEDDES

Page 3, line 47, at end insert—
"(5)  Nothing in this Act shall prevent a specialist tobacconist from publishing a tobacco advertisement if—
(a)  the advertisement is contained in a publication which is not published wholly or mainly for the purposes of promoting tobacco products, and
(b)  the advertisement contains no more than—
(i)  the name, logo, address, telephone and facsimile numbers of the specialist tobacconist, and
(ii)  factual written information about the tobacco products (other than cigarettes and hand-rolling tobacco) sold by the specialist tobacconist and the ownership of the specialist tobacconist."
 

THE EARL HOWE

Page 3, line 47, at end insert—
"(5)  No offence is committed under sections 2 and 3 in relation to an advertisement which is limited to the provision of particulars about a specialist tobacconist and the fact that it sells tobacco products."

 
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©Parliamentary copyright 2001
30 March 2001