Children and Families Bill

Insert the following new Clause—

“Children’s health: standardised tobacco packaging

(1)   The Tobacco Advertising and Promotion Act 2002 is amended as follows.

(2)   After section 12 (television and radio broadcasting) insert—

“12A           Children’s health: standardised packaging

(1)   The Secretary of State may, if satisfied that doing so is in the
interests of preventing harm to the health of children under the age
of 18 or of promoting the health of children under the age of 18,
make regulations specifying retail tobacco packaging requirements.

(2)   Regulations made under subsection (1) may provide that retail
packaging or tobacco products of any such description, or falling
within any such class as may be specified in the regulations, shall
not, except in such circumstances as may be so specified, be of any
such colour or shape, or display any such mark or trade mark, or
any other particulars as may be so specified.

(3)   A person is guilty of an offence if—

(a)   in the course of a business he or she owns or manages retail
or commercial premises or a leisure facility; and

(b)   he or she sells or supplies products which might reasonably
be expected to attract, or be aimed at, children under the age
of 18; and

(c)   he or she sells or supplies, or has in the premises or facility
for sale or supply, any tobacco product; and

(d)   the retail packaging of the tobacco product does not comply
with a specified retail tobacco packaging requirement.

(4)   In this section—

“container” includes any pack, carton, box, tin, packet, bag,
pouch, tube or other container;

“retail packaging” means—

(a)   any container for retail sale in which a tobacco product is
directly placed; or

(b)   any container for retail sale that contains a smaller container
in which a tobacco product is directly placed; or

(c)   any cigarette paper in which tobacco is contained and
anything else forming part of a cigarette other than the
tobacco; or

(d)   any plastic or other wrapper that covers any retail
packaging of the type described in paragraph (a) to (c); or

(e)   any plastic or other wrapper that covers a tobacco product,
being a tobacco product that is for retail sale; or

(f)   anything (other than a tobacco product) that is placed inside
or is affixed or otherwise attached to retail packaging of the
type described in paragraphs (a) to (e) but does not include
the lining of a cigarette pack if the lining complies with retail
packaging requirements;

a “retail tobacco packaging requirement” is a requirement
relating to any of the following particulars—

(a)   the colour of retail packaging;

(b)   the shape and material of retail packaging;

(c)   distinctive marks displayed on retail packaging;

(d)   trade marks or registered trade marks displayed on retail
packaging;

(e)   the labelling of or on packages, packaging or tobacco
products, or associated with retail packaging or tobacco
products;

(f)   the contents of retail packaging (including the shape and
size of tobacco products);

(g)   any covert or overt markings, coded numbering or any
other security features on retail packaging or tobacco
products;

(h)   any other particulars relating to retail packaging or tobacco
products as may be prescribed by the Secretary of State;

a “specified retail packaging requirement” is a retail tobacco
packaging requirement specified in regulations made under
subsection (1);

“trade mark” and “registered trade mark” have the same
meaning as in section 1 of the Trade Marks Act 1994.””

Insert the following new Clause—

“Offence of failing to prevent smoking in a private vehicle when children are
present

(1)   The Health Act 2006 is amended as follows.

(2)   After section 8 insert—

“8A Offence of failing to prevent smoking in a private vehicle when
children are present

(1)   It is the duty of any person who drives a private vehicle to ensure
that that vehicle is smoke-free whenever a child or children under
the age of 18 are in such vehicle or part of such vehicle.

(2)   A person who fails to comply with the duty in subsection (1)
commits an offence.

(3)   A person convicted of an offence under this section who has not
previously been convicted of such an offence shall have the option
of attending a smoke-free driving awareness course in place of
paying a fine under subsection (4).

(4)   A person who does not wish to attend an awareness course or who
has previously been convicted of an offence under this section is
liable on summary conviction to a fine of £60.

(5)   The Secretary of State may introduce regulations to alter the level of
penalty payable under subsection (4).

(6)   The Secretary of State shall update all relevant regulations
regarding the offence created under subsection (2) within six
months of this section coming into force.

(7)   The Secretary of State shall introduce regulations within six months
of this section coming into force to prescribe the format of the
awareness course in subsection (3).”.

(3)   In section 79(4)(a), leave out “or 8(7)” and insert “, 8(7), or 8A(5)”.”

Page 189, line 9, at end insert—

“( )   In Schedule 1 to the Children Act 2004, for paragraph 7 substitute—

7 The Secretary of State shall—

(a)   pay to the Children’s Commissioner such sums as are reasonably
sufficient for the purpose of enabling the Children’s
Commissioner to perform his or her functions, and

(b)   have due regard to the views of any parliamentary committee
which has published a view on the level at which such sums
should be set.”