Tobacco Advertising and Promotion Bill-
Amendments to be debated in the House of Lords - continued

House of Lords

back to previous amendments

 

Clause 7

 

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

Page 4, line 3, after "any" insert "significant"
Page 4, line 4, at end insert—
"(2)  Before making an order under this section, the Secretary of State shall consult such persons or bodies in the business of electronic publishing and distribution and the manufacturing and marketing of tobacco products as appear to him to be appropriate."
The above-named Lords give notice of their intention to oppose the Question that Clause 7 stand part of the Bill.
 

Clause 8

 

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

Page 4, line 11, leave out "who does not carry on business" and insert "whose place of establishment is not"
Page 4, line 17, leave out subsection (4)
The above-named Lords give notice of their intention to oppose the Question that Clause 8 stand part of the Bill.
 

Clause 9

 

THE EARL HOWE

Page 4, line 36, 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 4, line 42, at end insert—
"(   )  For the avoidance of doubt, a "coupon" within the meaning of this section does not include a document or other thing issued to a customer who has previously bought tobacco products which have been found to be defective or unsatisfactory in some way, where the coupon is issued to the customer by way of compensation to allow him to obtain further products of the same nature."
 

THE EARL HOWE

Page 4, line 42, at end insert—
"(5A)  For the avoidance of doubt, a "coupon" within the meaning of this section does not include a voucher issued to a customer who has previously bought tobacco products which have been found defective or unsatisfactory in some way, where the coupon is issued to the customer by way of compensation to allow him to obtain further products of the same nature."
Page 5, line 2, after "making" insert "tobacco"
 

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

Page 5, line 5, after "available" insert "for a nominal sum or"
Page 5, line 6, after "of" insert ""nominal sum" and"
 

Clause 10

 

THE EARL HOWE

Page 5, line 12, leave out "or effect"
 

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

Page 5, line 12, leave out "or effect of anything done"
Page 5, line 17, at end insert—
"(   )  No offence is committed under this section in relation to a tobacco sponsorship agreement if the purpose or effect of anything done under the agreement is to promote a tobacco product solely to persons engaged in the tobacco trade (even if they are also engaged in another trade)."
 

THE EARL HOWE

Page 5, line 22, leave out "had no reason to suspect" and insert "could not reasonably have been expected to know"
Page 5, line 26, at end insert "or
(c)  that the purpose of what was done was to promote a tobacco product outside the United Kingdom and that promotion of the product in the United Kingdom was incidental to that purpose and occurred only as a result of the broadcasting or publication by a third party of something in the United Kingdom for a purpose other than the promotion of a tobacco product."
 

Clause 11

 

THE EARL HOWE

Page 5, line 35, leave out from "name" to "which" in line 46 and insert "or emblem which is identical in appearance to a name or emblem"
Page 5, line 39, leave out from "name" to "which" in line 41 and insert "or emblem which is identical in appearance to a name or emblem"
 

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

The above-named Lords give notice of their intention to oppose the Question that Clause 11 stand part of the Bill.
 

Clause 14

 

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

Page 7, line 18, leave out "which he considers" and insert "where there are reasonable grounds for him to believe"
Page 7, line 21, leave out "he considers" and insert "there are reasonable grounds for him to believe"
Page 7, line 25, leave out "he considers" and insert "there are reasonable grounds for him to believe it is"
Page 7, line 28, leave out "he considers" and insert "there are reasonable grounds for him to believe it is"
Page 7, line 30, leave out "he considers" and insert "there are reasonable grounds for him to believe it is"
Page 8, line 11, leave out "he considers" and insert "there are reasonable grounds for him to believe it is"
The above-named Lords give notice of their intention to oppose the Question that Clause 14 stand part of the Bill.
 

After Clause 14

 

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

Insert the following new Clause—
  "Compensation for seizure and detention
(1)  Where an officer of a duly authorised enforcement authority exercises any power under section 14 to seize and detain goods, the enforcement authority shall be liable to pay compensation to any person having an interest in the goods in respect of any loss or damage caused by reason of the exercise of the power if—
(a)  there has been no contravention of this Act; and
(b)  the exercise of the power is not attributable to any neglect or default by that person.
(2)  Any disputed question as to the right to or to the amount of any compensation payable under this section shall be determined by arbitration or, in Scotland, by a single arbiter appointed, failing agreement between the parties, by the sheriff."
Insert the following new Clause—
  "Appeals against detention of goods
(1)  Any person having an interest in any goods which are for the time being detained under any provision of this Act by an enforcement authority, or duly authorised officer of such an authority, may apply for an order requiring the goods to be released to him or another person.
(2)  An application under this section may be made—
(a)  to any magistrates' court in which proceedings have been brought in England and Wales or Northern Ireland, or
(b)  in Scotland, by summary application to the sheriff.
(3)  On application under this section to a magistrates' court or to the sheriff, an order requiring goods to be released shall be made only if the court or sheriff is satisfied—
(a)  that proceedings under the Act have not been brought; and
(b)  where no such proceedings have been brought, that more than six months have elapsed since the goods were seized.
(4)  Any person aggrieved by an order made under this section by a magistrates' court in England and Wales or Northern Ireland, or by a decision of such a court not to make such an order, may appeal against that order or decision—
(a)  in England and Wales, to the Crown Court;
(b)  in Northern Ireland, to the county court;
  and an order so made may contain such provision as appears to the court to be appropriate for delaying the coming into force of the order pending the making and determination of any appeal (including any application under section 111 of the Magistrates' Courts Act 1980 or Article 146 of the Magistrates' Courts (Northern Ireland) Order 1981 (statement of case))."
 

Clause 15

 

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

The above-named Lords give notice of their intention to oppose the Question that Clause 15 stand part of the Bill.
 

Clause 16

 

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

Page 9, line 19, leave out "six" and insert "three"
Page 9, line 21, leave out paragraph (b)
 

Clause 19

 

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

Page 10, line 23, leave out from "apply" to end of line 24 and insert "to any sponsorship agreement of any description before the date so specified in the regulations"
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD LUKE

Page 10, line 24, at end insert—
"(   )  Regulations made under subsection (1) shall ensure that section 10 shall not apply before 1st October 2006 to sponsorship arrangements made by the governing bodies of—
(a)  darts,
(b)  angling, and
(c)  rugby union."
 

After Clause 19

 

THE EARL HOWE

Insert the following new Clause—
  "Commission of body to study effects of Act
(1)  The Secretary of State shall commission a reputable and appropriately qualified body to carry out a rolling study of the effects of this Act on—
(a)  the prevalence of smoking in the United Kingdom population, with particular reference to the uptake of smoking by persons under the age of 18; and
(b)  the effect of this Act on market shares of different participants in the tobacco market.
(2)  The Secretary of State shall arrange for an annual report of the findings of the study commissioned in accordance with subsection (1) above to be presented to the Health Select Committee of the House of Commons for evaluation."
 

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

Insert the following new Clause—
  "Review of this Act
(1)  The provisions of this Act shall remain in force for three years, and shall then expire unless continued in force by an order made under subsection (2) below.
(2)  If, prior to the expiration of three years from the date of commencement of this Act or the coming into force of any order made under this section, the Secretary of State is satisfied that the operation of this Act has led to a reduction in the prevalence of smoking in the United Kingdom population, with particular reference to the uptake of smoking by persons under the age of 16, he may by order made by statutory instrument provide—
(a)  that all or any of those provisions of the Act which are for the time being in force shall continue in force for a period not exceeding three years from the coming into operation of the order;
(b)  that any of those provisions of the Act which are not for the time being in force shall come into force again and remain in force for a period not exceeding three years from the coming into operation of the order.
(3)  No order shall be made under subsection (2) above unless a draft of the order has been laid before Parliament and approved by a resolution of each House of Parliament."
 

After Clause 20

 

THE EARL HOWE

Insert following new Clause—
  "Cessation of Act
  This Act and any subsequent provisions shall cease to have effect on the day five years after the day appointed under section 21(1) of this Act."

 
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©Parliamentary copyright 2001
30 March 2001