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Children and Families Bill

Amendments
to be moved
on report

[Supplementary to the Second Marshalled List]

34B

[Withdrawn]

39A

[Withdrawn]

After Clause 73

BARONESS MASSEY OF DARWEN

BARONESS WALMSLEY

LORD CORMACK

THE LORD BISHOP OF OXFORD

53ZA*

Insert the following new Clause—

“School policies to support well-being of children and young people

After section 78 of the Education Act 2002 insert—

“78A           Duty of schools to promote the academic, spiritual, cultural,
mental and physical development of children

(1)   All schools shall make explicit to parents, school governors and
pupils how they deliver—

(a)   school policies which contribute to the health and well
being of pupils;

(b)   pastoral care focused on the safety and well being of pupils
and which, where appropriate, works in conjunction with
support systems from agencies outside the school;

(c)   a school ethos which fosters respect for self and others;

(d)   a school curriculum from which pupils gain the information
and skills to support their academic, spiritual, emotional,
moral, physical and cultural well being and which prepares
them for adult life; and

(e)   the school’s commitment to democratic principles and good
citizenship.

(2)   The above shall be delivered as appropriate to the age, readiness
and needs of pupils in the school.

(3)   School governors shall be responsible, in their annual report, for
specifying how the above is implemented.””

Before Clause 80

LORD NASH

57A*

Insert the following new Clause—

“Extension of licensing of child performances to children under 14

Section 38 of the Children and Young Persons Act 1963 (licences for
performances by children under 14 not to be granted except for certain
dramatic or musical performances) is repealed.”

57B*

Insert the following new Clause—

“Regulation of retail packaging etc of tobacco products

(1)   The Secretary of State may make regulations under subsection (6) or (8) if
the Secretary of State considers that the regulations may contribute at any
time to reducing the risk of harm to, or promoting, the health or welfare of
people under the age of 18.

(2)   Subsection (1) does not prevent the Secretary of State, in making
regulations under subsection (6) or (8), from considering whether the
regulations may contribute at any time to reducing the risk of harm to, or
promoting, the health or welfare of people aged 18 or over.

(3)   The Secretary of State may treat regulations under subsection (6) or (8) as
capable of contributing to reducing the risk of harm to, or promoting, the
health or welfare of people under the age of 18 if the Secretary of State
considers that—

(a)   at least some of the provisions of the regulations are capable of
having that effect, or

(b)   the regulations are capable of having that effect when taken
together with other regulations that were previously made under
subsection (6) or (8) and are in force.

(4)   Regulations under subsection (6) or (8) are to be treated for the purposes of
subsection (1) or (2) as capable of contributing to reducing the risk of harm
to, or promoting, people’s health or welfare if (for example) they may
contribute to any of the following—

(a)   discouraging people from starting to use tobacco products;

(b)   encouraging people to give up using tobacco products;

(c)   helping people who have given up, or are trying to give up, using
tobacco products not to start using them again;

(d)   reducing the appeal or attractiveness of tobacco products;

(e)   reducing the potential for elements of the packaging of tobacco
products other than health warnings to detract from the
effectiveness of those warnings;

(f)   reducing opportunities for the packaging of tobacco products to
mislead consumers about the effects of using them;

(g)   reducing opportunities for the packaging of tobacco products to
create false perceptions about the nature of such products;

(h)   having an effect on attitudes, beliefs, intentions and behaviours
relating to the reduction in use of tobacco products.

(5)   Regulations under subsection (6) or (8) are to be treated for the purposes of
subsection (1) as capable of contributing to reducing the risk of harm to, or
promoting, the health or welfare of people under the age of 18 if—

(a)   they may contribute to reducing activities by such people which
risk harming their health or welfare after they reach the age of 18, or

(b)   they may benefit such people by reducing the use of tobacco
products among people aged 18 or over.

(6)   The Secretary of State may by regulations make provision about the retail
packaging of tobacco products.

(7)   Regulations under subsection (6) may in particular impose prohibitions,
requirements or limitations relating to—

(a)   the markings on the retail packaging of tobacco products (including
the use of branding, trademarks or logos);

(b)   the appearance of such packaging;

(c)   the materials used for such packaging;

(d)   the texture of such packaging;

(e)   the size of such packaging;

(f)   the shape of such packaging;

(g)   the means by which such packaging is opened;

(h)   any other features of the retail packaging of tobacco products which
could be used to distinguish between different brands of tobacco
product;

(i)   the number of individual tobacco products contained in an
individual packet;

(j)   the quantity of a tobacco product contained in an individual packet.

(8)   The Secretary of State may by regulations make provision imposing
prohibitions, requirements or limitations relating to—

(a)   the markings on tobacco products (including the use of branding,
trademarks or logos);

(b)   the appearance of such products;

(c)   the size of such products;

(d)   the shape of such products;

(e)   the flavour of such products;

(f)   any other features of tobacco products which could be used to
distinguish between different brands of tobacco product.

(9)   The Secretary of State may by regulations—

(a)   create offences which may be committed by persons who produce
or supply tobacco products the retail packaging of which breaches
prohibitions, requirements or limitations imposed by regulations
under subsection (6);

(b)   create offences which may be committed by persons who produce
or supply tobacco products which breach prohibitions,
requirements or limitations imposed by regulations under
subsection (8);

(c)   provide for exceptions and defences to such offences;

(d)   make provision about the liability of others to be convicted of such
offences if committed by a body corporate or a Scottish partnership.

(10)   The Secretary of State may by regulations provide that regulations under
subsection (6) or (8) are to be treated for the purposes specified in
regulations under this subsection as safety regulations within the meaning
of the Consumer Protection Act 1987.

(11)   The Secretary of State may by regulations make provision amending,
repealing, revoking or otherwise modifying any provision made by or
under an enactment (whenever passed or made) in connection with
provision made by regulations under any of subsections (6), (8), (9) or (10).

(12)   The Secretary of State must—

(a)   obtain the consent of the Scottish Ministers before making
regulations under any of subsections (6), (8), (9) or (10) containing
provision which would (if contained in an Act of the Scottish
Parliament) be within the legislative competence of that Parliament;

(b)   obtain the consent of the Welsh Ministers before making
regulations under any of those subsections containing provision
which would (if contained in an Act of the National Assembly for
Wales) be within the legislative competence of that Assembly;

(c)   obtain the consent of the Department of Health, Social Services and
Public Safety before making regulations under any of those
subsections containing provision which would (if contained in an
Act of the Northern Ireland Assembly) be within the legislative
competence of that Assembly.

(13)   For the purposes of this section a person produces a tobacco product if, in
the course of a business and with a view to the product being supplied for
consumption in the United Kingdom or through the travel retail sector, the
person—

(a)   manufactures the product,

(b)   puts a name, trademark or other distinguishing mark on it by which
the person is held out to be its manufacturer or originator, or

(c)   imports it into the United Kingdom.

(14)   For the purposes of this section a person supplies a tobacco product if in the
course of a business the person—

(a)   supplies the product,

(b)   offers or agrees to supply it, or

(c)   exposes or possesses it for supply.

(15)   In this section—

“enactment” includes—

(a)   an Act of the Scottish Parliament,

(b)   a Measure or Act of the National Assembly for Wales, or

(c)   Northern Ireland legislation;

“external packaging”, “internal packaging” and “wrapper” have the
meanings given by regulations under subsection (6);

“packaging”, in relation to a tobacco product, means—

(a)   the external packaging of that product,

(b)   any internal packaging of that product,

(c)   any wrapper of that product, or

(d)   any other material attached to or included with that product
or anything within paragraphs (a) to (c);

“retail packaging”, in relation to a tobacco product, means the
packaging in which it is, or is intended to be, presented for retail
sale;

“retail sale” means sale otherwise than to a person who is acting in the
course of a business which is part of the tobacco trade;

“tobacco product” means a product consisting wholly or partly of
tobacco and intended to be smoked, sniffed, sucked or chewed;

“travel retail sector” means retail outlets in the United Kingdom at
which tobacco products may be purchased only by people
travelling on journeys to destinations outside the United
Kingdom.”

Clause 99

LORD NASH

62A*

Page 92, line 22, at end insert—

“(3CA)   Regulations may provide for a reduction in the duration of the
maternity allowance period as it applies to a woman to be revoked,
or to be treated as revoked, subject to prescribed restrictions and
conditions.”

62B*

Page 92, line 23, leave out “(3C)” and insert “(3CA)”

62C*

Page 93, line 2, at end insert—

“(3D)    Regulations may provide for a reduction in the duration of the
maternity pay period as it applies to a woman to be revoked, or to
be treated as revoked, subject to prescribed restrictions and
conditions.”

62D*

Page 93, line 32, at end insert—

“(2CA)   Regulations may provide for a reduction in the duration of the
adoption pay period as it applies to a person to be revoked, or to be
treated as revoked, subject to prescribed restrictions and
conditions.”

Clause 103

LORD NASH

63A*

Page 98, line 16, leave out “(2C)” and insert “(2CA)”

Clause 114

EARL HOWE

63B*

Page 121, line 36, after “55(1),” insert—

“(ba)   regulations under subsection (6), (8), (9) or (10) of section
(Regulation of retail packaging etc of tobacco products),

(bb)   regulations under subsection (11) of that section which amend,
repeal or revoke any provision of an enactment within the meaning
of that section,”

Clause 118

LORD NASH

65A*

Page 123, line 5, leave out “and 84” and insert “, 84 and (Extension of licensing of child
performances to children under 14
)”

Clause 119

EARL HOWE

65B*

Page 123, line 18, at end insert—

“(3A)    Section (Regulation of retail packaging etc of tobacco products) extends to the
whole of the United Kingdom.”

65C*

Page 123, line 24, at end insert “, subject to subsection (8).

(8)   Subsection (7) does not apply to the repeal made by section (Extension of
licensing of child performances to children under 14
), which extends to England
and Wales only.”

Prepared 17th December 2013