Liquor Advertising and Promotion Bill [H.L] - continued        House of Lords

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Penalties.     14. - (1) A person guilty of an offence under section 13(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-
 
 
    (a) on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both; or
 
    (b) on conviction on indictment to imprisonment for a term not exceeding 2 years, or a fine, or both.
Offences by bodies corporate and Scottish partnerships.     15. - (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.     16. - (1) Powers to make regulations and orders under this Act are exercisable by statutory instrument.
 
      (2) Regulations, and orders under section 6, 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 6 or regulations under section 7 or 9 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) 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.     17. - (1) The appropriate Minister may make regulations providing that, subject to the satisfaction (or continuing satisfaction) of any conditions specified in the regulations, section 8 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 8 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.     18. 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
 
    "liquor advertisement" and "liquor 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.     19. - (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 Liquor Advertising and Promotion Act 2001.
 
      (5) This Act extends to Northern Ireland.
 
 
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