S.C.A.
Amendment Paper as at
Tuesday 6th February 2001
STANDING COMMITTEE A
TOBACCO ADVERTISING AND PROMOTION BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [30th January].
Mrs Caroline Spelman
Mr Peter Luff
26
Clause 5, page 2, line 36, leave out 'had no reason to suspect' and insert 'could not reasonably have been expected to know'.
Mrs Caroline Spelman
Mr Peter Luff
7
Clause 5, page 2, line 41, leave out 'he could not reasonably have' and insert 'it could not reasonably have been'.
Mrs Caroline Spelman
Mr Peter Luff
27
Clause 5, page 2, line 44, leave out 'had no reason to suspect' and insert 'could not reasonably have been expected to know'.
Yvette Cooper
18
Clause 5, page 3, line 2, after 'advertisement' insert ', otherwise than as mentioned in section 2(4),'.
Mrs Caroline Spelman
Mr Peter Luff
28
Clause 5, page 3, line 3, leave out 'had no reason to suspect' and insert 'could not reasonably have been expected to know'.
Yvette Cooper
19
Clause 5, page 3, line 5, leave out subsection (5) and insert—
'(5) In relation to a tobacco advertisement which is published or caused to be published by electronic means by an internet service provider, it is a defence for him, if charged with an offence under section 2(1), to prove that he was unaware that what he published or caused to be published was, or contained, a tobacco advertisement.
(5A) In relation to a tobacco advertisement which is distributed as mentioned in section 2(4), it is a defence for a person charged with an offence under section 2(2) of distributing it or causing its distribution to prove—
(a) that he was unaware that what he distributed or caused to be distributed was, or contained, a tobacco advertisement,
(b) that, having become aware of it, he was not able to prevent its further distribution, or
(c) that he did not carry on business in the United Kingdom at the relevant time.'.
Mrs Caroline Spelman
Mr Peter Luff
29
Clause 5, page 3, line 5, at end insert—
'(5) It is a defence for a person charged with an offence under section 2(3) of publishing or distributing something else which is accompanied by a separate entity containing, or being, a tobacco advertisement that he did not know, and could not reasonably have been expected to know, that the publication contained a tobacco advertisement.'.
Mrs Caroline Spelman
Mr Peter Luff
8
Clause 5, page 3, line 7, leave out 'carry on business' and insert 'transact business with persons living'.
Mrs Caroline Spelman
Mr Peter Luff
30
Clause 5, page 3, line 11, leave out 'had no reason to suspect' and insert 'could not reasonably have been expected to know'.
Mrs Caroline Spelman
Mr Peter Luff
9
Clause 6, page 3, leave out lines 18 to 20.
Mrs Caroline Spelman
Mr Peter Luff
32
Clause 6, page 3, line 21, leave out 'shop' and insert 'business'.
Mrs Caroline Spelman
Mr Peter Luff
31
Clause 6, page 3, line 22, leave out 'half' and insert 'one third'.
Mrs Caroline Spelman
Mr Peter Luff
33
Clause 6, page 3, line 22, leave out 'on the premises in question'.
Mrs Caroline Spelman
Mr Peter Luff
34
Clause 6, page 3, line 28, after 'available', insert '(or, if the most recent period for which accounts are available is different from twelve months, that period recalculated to an equivalent twelve month period on a pro rata basis)'.
Mrs Caroline Spelman
Mr Peter Luff
46
Clause 6, page 3, line 34, at end add—
'(5) No offence is committed under section 2 and 3 in relation to an advertisement which is limited to the provision of particulars about a specialist tobacconist and the fact that it sells tobacco products.'.
Mrs Caroline Spelman
Mr Peter Luff
10
Clause 8, page 3, line 38, leave out 'a' and insert 'his'.
Mrs Caroline Spelman
Mr Peter Luff
11
Clause 8, page 3, line 39, after 'any', insert 'tobacco'.
Mrs Caroline Spelman
Mr Peter Luff
35
Clause 8, page 4, line 9, leave out 'had no reason to suspect' and insert 'could not reasonably have been expected to know'.
Mrs Caroline Spelman
Mr Peter Luff
12
Clause 8, page 4, line 15, leave out from 'a' to end of line 16 and insert 'tobacco product'.
Mrs Caroline Spelman
Mr Peter Luff
37
Clause 8, page 4, line 16, at end insert—
'(5A) For the avoidance of doubt a "coupon" within the meaning of this section does not include a voucher issued to a customer who has previously bought tobacco products which have been found to be defective or unsatisfactory in some way, where the coupon is issued to the customer by way of compensation to allow him to obtain further products of the same nature.'.
Mrs Caroline Spelman
Mr Peter Luff
13
Clause 8, page 4, line 18, after 'making', insert 'tobacco'.
Mrs Caroline Spelman
Mr Peter Luff
38
Clause 8, page 4, line 18, leave out 'for a nominal sum' and insert 'for a sum less than their market value or, in the case of coupons, the market value of the products for which the coupons can be exchanged'.
Mrs Caroline Spelman
Mr Peter Luff
39
Clause 9, page 4, line 24, leave out 'or effect'.
Mrs Caroline Spelman
Mr Peter Luff
40
Clause 9, page 4, line 27, after first 'contribution', insert 'in the course of business'.
Mrs Caroline Spelman
Mr Peter Luff
36
Clause 9, page 4, line 34, leave out 'had no reason to suspect' and insert 'could not reasonably have been expected to know'.
Mrs Caroline Spelman
Mr Peter Luff
41
Clause 9, page 4, line 39, at end insert—
'(c) that the purpose of what was done was to promote a tobacco product outside the United Kingdom and that the promotion of the product in the United Kingdom was incidental to that purpose and occurred only as a result of the broadcasting or publication by a third party of something in the United Kingdom for a purpose other than the promotion of a tobacco product.'.
Mrs Caroline Spelman
Mr Peter Luff
44
Clause 18, page 9, line 19, leave out 'a' and insert 'the'.
Mrs Caroline Spelman
Mr Peter Luff
45
Clause 18, page 9, line 20, leave out 'a sponsorship agreement' and insert 'to all sponsorship agreements'.
Mrs Caroline Spelman
Mr Peter Luff
14
Clause 10, page 4, line 44, leave out from 'name' to 'which' in line 46 and insert 'or emblem which is identical in appearance to a name or emblem'.
Mrs Caroline Spelman
Mr Peter Luff
15
Clause 10, page 5, line 1, leave out from 'name' to 'which' in line 4 and insert 'or emblem which is identical in appearance to a name or emblem'.
Ms Yvette Cooper
47
Clause 11, page 5, line 28, leave out from 'Broadcasting' to 'section' in line 29 and insert 'Corporation or Sianel Pedwar Cymru (the Welsh Authority referred to in'.
Mrs Caroline Spelman
Mr Peter Luff
42
Clause 17, page 9, line 16, after first 'Parliament', insert 'with respect to England, Wales and Northern Ireland'.
Mrs Caroline Spelman
Mr Peter Luff
43
Clause 17, page 9, line 16, after second 'Parliament', insert 'with respect to Scotland'.
NEW CLAUSE
Review of effect of this Act
Mrs Caroline Spelman
Mr Peter Luff
NC1
To move the follow Clause:—
'(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 under the age of 18; 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.'.
