Amendment Paper as at
Tuesday 13th February 2001
CONSIDERATION OF BILL
TOBACCO ADVERTISING AND PROMOTION BILL, AS AMENDED
NEW CLAUSES
Appeals against detention of goods
Mr Philip Hammond
Mrs Caroline Spelman
Mr Peter Luff
Mr Desmond Swayne
Dr Liam Fox
NC1
To move the following Clause:—
'(1) Any person having an interest in any goods which are for the time being detained under any provision of this Act by an enforcement authority or by a duly authorised officer of such an authority may apply for an order requiring the goods to be released to him or another person.
(2) An application under this section may be made—
(a) to any magistrates' court in which proceedings have been brought in England and Wales or Northern Ireland, or
(b) in Scotland, by summary application to the sheriff.
(3) On application under this section to a magistrates' court or to the sheriff, an order requiring goods to be released shall be made only if the court or sheriff is satisfied—
(a) that proceedings under the Act have not been brought; and
(b) where no such proceedings have been brought, that more than six months have elapsed since the goods were seized.
(4) Any person aggrieved by an order made under this section by a magistrates' court in England and Wales or Northern Ireland, or by a decision of such a court not to make such an order, may appeal against that order or decision—
(a) in England and Wales, to the Crown Court;
(b) in Northern Ireland, to the county court;
and an order so made may contain such provision as appears to the court to be appropriate for delaying the coming into force of the order pending the making and determination of any appeal (including any application under section 111 of the Magistrates' Courts Act 1980 or Article 146 of the Magistrates' Courts (Northern Ireland) Order 1981 (statement of case).'.
Compensation for seizure and detention
Mr Philip Hammond
Mrs Caroline Spelman
Mr Peter Luff
Mr Desmond Swayne
Dr Liam Fox
NC2
To move the following Clause:—
'(1) Where an officer of a duly authorised enforcement authority exercises any power under section 14 above to seize and detain goods, the enforcement authority shall be liable to pay compensation to any person having an interest in the goods in respect of any loss or damage caused by reason of the exercise of the power if—
(a) there has been no contravention of this Act; and
(b) the exercise of the power is not attributable to any neglect or default by that person.
(2) Any disputed question as to the right to or the amount of any compensation payable under this section shall be determined by arbitration or, in Scotland, by a single arbiter appointed, failing agreement between the parties, by the sheriff.'.
Review of the effect of this Act
Mr Philip Hammond
Mrs Caroline Spelman
Mr Peter Luff
Mr Desmond Swayne
Dr Liam Fox
NC3
To move the following 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 between the ages of 16 and 19 and under the age of 16; 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 for five years after the Act comes into force.'.
Prohition or restriction of use of symbol, name or emblem
Mr Philip Hammond
Mrs Caroline Spelman
Mr Peter Luff
Mr Desmond Swayne
Dr Liam Fox
NC4
To move the following Clause:—
'The Secretary of State may by regulations make provisions prohibiting or restricting the use of a symbol, name or emblem used to promote a tobacco product, to promote a non-tobacco product or service except where the business producing the non-tobacco product or service is totally unconnected financially with the business producing the tobacco product and where the primary purpose of which is not to promote a tobacco product.'.
Tobacco Promotion Regulatory Authority
Mr Kevin Barron
David Taylor
Mr David Hinchliffe
John Robertson
Mr Ian Bruce
NC5
To move the following Clause:—
'.—(1) There shall be a body called the Tobacco Promotion Regulatory Authority.
(2) The functions of the Authority shall be—
(a) to examine the effectiveness of the statutory and other controls on the advertising, promotion and marketing of tobacco products, in protecting public health; and
(b) to exercise any other functions which the Secretary of State or the Scottish Ministers, by order, prescribe for the protection of public health in relation to tobacco products;
and to advise the appropriate ministers accordingly on the exercise of any relevant functions and duties held by them under this or other Acts.
(3) The functions described in subsection (2)(a) above shall include, in particular, examination of:—
(i) developments in tobacco advertising and promotional activity, and branding strategies
(ii) possible technical or other barriers to the implementation of this Act
(iii) marketing claims relating to the relative safety or other characteristics of particular products
(iv) the use made of new electronic media for the promotion of tobacco products, and
(v) the impact of transboundary communications, developments in the European Union, and other international developments, on the promotion of tobacco products in the United Kingdom.
(4) The constitution and structure of the Authority, and its powers and those of its duly authorised representatives, shall be as prescribed by order by the Secretary of State.
(5) The Authority shall prepare an annual report on its activities, which the Secretary of State shall lay before Parliament.'.
Mr Philip Hammond
Mrs Caroline Spelman
Mr Peter Luff
Mr Desmond Swayne
Dr Liam Fox
2
Page 1, line 6 [Clause 1], after second 'advertisement', insert 'including product placement'.
Mr Philip Hammond
Mrs Caroline Spelman
Mr Peter Luff
Mr Desmond Swayne
Dr Liam Fox
1
Page 1, line 8 [Clause 1], after 'so', insert 'but does not include an advertisement where the purpose is to reduce the prevalence of smoking, notwithstanding that it may depict a tobacco product.'.
Mr Secretary Milburn
40
Page 1, line 18 [Clause 2], leave out subsection (3).
Mr Philip Hammond
Mrs Caroline Spelman
Mr Peter Luff
Mr Desmond Swayne
Dr Liam Fox
12
Page 1, line 21 [Clause 2], leave out 'includes' and insert 'shall, to the extent set out in regulations made by the Secretary of State after consultation with representatives of those involved in the electronic publication and transmission of material, include'.
Mr Ian Bruce
34
Page 1, line 21 [Clause 2], leave out 'includes' and insert 'does not include'.
Mr Ian Bruce
35
Page 1, line 23 [Clause 1], at end insert 'unless the person is aware on first transmission of its contents or has had a notice from an enforcement authority giving reasonable time to have the contents removed.'.
Mr Andrew Hunter
Mr Eric Forth
14
Page 2, line 16 [Clause 4], leave out 'particular'.
Mr Secretary Milburn
41
Page 2, line 19 [Clause 4], leave out 'which is printed outside the United Kingdom and'.
Mr Philip Hammond
Mrs Caroline Spelman
Mr Peter Luff
Mr Desmond Swayne
Dr Liam Fox
3
Page 2, line 23 [Clause 4], at end insert 'or
(e) if it is contained in a tender for a contract to publish a magazine in an overseas market.'.
Mr Philip Hammond
Mrs Caroline Spelman
Mr Peter Luff
Mr Desmond Swayne
Dr Liam Fox
7
Page 2, line 23 [Clause 4], at end insert 'or
(f) if it is or is contained in an item of intrinsic value more than 30 years old.'.
Mr Christopher Chope
39
Page 2, line 23 [Clause 4], at end insert—
'(e) if its purpose and effect is to draw attention to the amount of excise duty on tobacco in the United Kingdom;
(f) if its purpose and effect is to draw attention to the yield from excise duty on tobacco in the United Kingdom; and
(g) if its purpose and effect is to campaign for changes in the excise duty regime on tobacco.'.
Mr Andrew Hunter
Mr Eric Forth
25
Page 2, line 24 [Clause 4], leave out 'appropriate Minister' and insert 'Secretary of State'.
Mr Ian Bruce
36
Page 2, line 26 [Clause 4], leave out 'place or on a website' and insert 'real place or a virtual place via electronic transmission'.
