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Amendments to the Tobacco Advertising and Promotion Bill

Tobacco Advertising and Promotion Bill


AMENDMENTS
TO BE MOVED
IN COMMITTEE


 

Clause 2

 

THE EARL HOWE

Page 1, line 9, after "business" insert "knowingly"
Page 1, line 9, at end insert "knowingly"
Page 1, line 11, after "business" insert "knowingly"
Page 1, line 13, at end insert "knowingly"
Page 1, line 15, leave out "includes" and insert "shall, to the extent set out in regulations made by the Secretary of State after consultation with representatives of those involved in the electronic publication and transmission of material, include"
Page 1, line 15, leave out "includes" and insert "does not include"
Page 1, line 16, at end insert "unless the person is aware on first transmission of its contents or has had a notice from an enforcement authority giving reasonable time to have the contents removed"
 

Clause 3

 

THE EARL HOWE

Page 2, line 7, leave out from "offence" to end of line 9
 

Clause 4

 

THE EARL HOWE

Page 2, line 23, at end insert ",   or
(   )  if it is, or is contained in, an item of intrinsic value more than 30 years old"
Page 2, line 26, leave out "place or on a website" and insert "real place or virtual place via electronic transmission"
 The Earl Howe gives notice of his intention to oppose the Question that Clause 4 stand part of the Bill.
 

Clause 5

 

THE EARL HOWE

Page 3, line 9, leave out subsection (5)
 The Earl Howe gives notice of his intention to oppose the Question that Clause 5 stand part of the Bill.
 

After Clause 5

 

THE EARL HOWE

Insert the following new Clause—
  "Prohibition or restriction of use of symbol, name or emblem
(1)  The Secretary of State may by regulations make provisions prohibiting or restricting the use of a symbol, name or emblem used to promote a tobacco product, or non-tobacco product or service, except where the business producing the non-tobacco product or service is totally unconnected financially with the business producing the tobacco product, and where the primary purpose of which is not to promote a tobacco product.
(2)  Regulations are made under subsection (1) must provide for the meaning of "totally unconnected financially."
 

Clause 14

 

THE EARL HOWE

Page 7, line 18, leave out "he considers it is necessary" and insert "there are reasonable grounds"
Page 7, line 21, leave out "as he considers necessary" and insert "for which there are reasonable grounds"
Page 7, line 25, leave out "he considers necessary" and insert "there are reasonable grounds"
Page 7, line 28, leave out "as he considers necessary" and insert "for which there are reasonable grounds"
Page 7, line 29, at end insert "reasonable"
Page 8, line 11, after "other" insert "authorised"
Page 8, line 43, at end insert—
"(13)  If a person who enters any premises by virtue of this section discloses to any person information obtained on the premises with regard to any trade secret, he is, unless the disclosure is made in the performance of his duty, guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale."
 

Clause 18

 

THE EARL HOWE

Page 10, line 10, after "section" insert "1(4),"
 

After Clause 19

 

THE EARL HOWE

Insert the following new Clause—
  "Commission of body to study effects of Act (No. 2)
(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 between the ages of 16 and 19 and under the age of 16; 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 (1) above to be presented to the Health Select Committee of the House of Commons for evaluation for five years after the Act comes into force."
 

Clause 20

 

THE EARL HOWE

Page 10, line 34, at end insert—
  ""internet service provider" means a person who provides access to the internet,"
Page 10, line 39, at end insert—
  ""website" means a location on the internet accessed by an address at which information is made available,"

 
 
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©Parliamentary copyright 2001
2 April 2001