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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 LORD STODDART OF SWINDON
THE LORD HARRIS OF HIGH CROSS
THE LORD PALMER

Page 1, line 3, leave out from "means" to "and" in line 5 and insert "any form of commercial communication the purpose of which is to make known or recommend a tobacco product,"
 

After Clause 1

 

THE LORD STODDART OF SWINDON
THE LORD HARRIS OF HIGH CROSS
THE LORD PALMER

Insert the following new Clause—
  "Developments in tobacco products
(1)  The Secretary of State may by order amend the definition of a tobacco product in section 1 of this Act if he considers it appropriate to do so in consequence of any significant developments relating to new tobacco products.
(2)  Before making an order under this section, the Secretary of State shall publish his proposals and consult such persons or bodies as appear to him to be appropriate."
 

Clause 2

 

THE LORD STODDART OF SWINDON
THE LORD HARRIS OF HIGH CROSS
THE LORD PALMER

Page 1, line 16, at end insert—
"(   )  It is not an offence under this section for a person to distribute or to cause the distribution of a tobacco advertisement by electronic means if the activity of the person is limited to the technical process of operating and giving access to a communications network over which information made available by third parties is transmitted or temporarily stored for the sole purpose of making the transmission more efficient, or is limited to providing the hardware and software to enable the transmission or publication."
 

Clause 4

 

THE LORD STODDART OF SWINDON
THE LORD HARRIS OF HIGH CROSS
THE LORD PALMER

Page 2, line 13, leave out paragraphs (a) to (d) and insert "if it is, or is contained in—
(a)  a communication made for the purposes of the tobacco trade directed to persons engaged in any capacity in that trade (even if they are also engaged in another trade),
(b)  a communication directed to employees and shareholders (or both) of a tobacco product supplier,
(c)  the communication made in reply to a request by an individual for information about a tobacco product,
(d)  a communication to an individual who has in writing provided to the person who, apart from this subsection would commit an offence, his name and address, his age as being expressed as being over 18 years of age, and a wish to receive communications of the kind to which this subsection relates, and has not subsequently withdrawn that wish,
(e)  a publication of which 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, or the internet version of such a publication,
(f)  a specialist publication directed to existing adult users of tobacco products and containing only editorial and advertising material relating to such products."
 

Clause 5

 

THE LORD STODDART OF SWINDON
THE LORD HARRIS OF HIGH CROSS
THE LORD PALMER

Page 3, line 22, at end insert—
"(   )  It is not an offence for a person only to transmit a tobacco advertisement by electronic means, but as soon as the person is aware or is made aware of having transmitted a tobacco advertisement, he shall take such action as is possible or may be specified by an enforcement authority to prevent the further transmission of the tobacco advertisement.
(   )  Failure to take the action specified in subsection (1) shall be an offence."
 

Clause 18

 

THE LORD STODDART OF SWINDON
THE LORD HARRIS OF HIGH CROSS
THE LORD PALMER

Page 10, line 4, leave out "section" and insert "sections (Developments in tobacco products) and"
Page 10, line 9, leave out "section" and insert "sections (Developments in tobacco products) or"

 
 
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©Parliamentary copyright 2001
9 May 2001