 House of Commons |
Publications on the internet Index of Amendments |
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S.C.E.
Amendment Paper as at
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| '( ) | in the case of any premises, conditions requiring the installation and operation of equipment capable of extracting smoke from the premises.'. |
Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt
34
Clause 3, page 3, line 5, at end insert—
| '(c) | in the case of retail premises, conditions requiring that the premises are held solely for the sale of specialist tobacco products and requisites.'. |
Steve Webb
Stephen Williams
47
Clause 3, page 3, line 5, at end insert—
| '(c) | in the case of any premises any requirements for the protection of employees and members of the public that shall be specified, forming part of an Approved Code of Practice issued by the Health and Safety Executive.'. |
Steve Webb
Stephen Williams
48
Clause 3, page 3, line 5, at end insert—
| '(c) | requirements for segregation of smoking and non-smoking areas, provision and maintenance of ventilation systems, and restrictions on deployment of staff in smoking areas.'. |
Andrew Mackinlay
Steve Webb
Stephen Williams
39
Clause 3, page 3, line 6, leave out subsection (5).
Sir George Young
60
Clause 3, page 3, line 11, at end add—'(6) The appropriate national authority shall, following consultation with the Health and Safety Commission and such persons as they consider appropriate, set maximum permitted occupational exposure limits to smoke or any constituent part thereof for any premise which would otherwise be smoke-free but permits smoking at any time by virtue of regulations issued under subsection (3).'.
Sir George Young
61
Clause 3, page 3, line 11, at end add—'(6) No regulations under this section shall be made unless and until smoke emitted as a result of smoking as defined in section 1 has been previously designated as a hazardous substance under the Control of Substances Hazardous to Health Regulations.'.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt
5
Clause 4, page 3, line 20, after 'to', insert 'significant amounts of'.
Steve Webb
Stephen Williams
52
Clause 5, page 3, line 29, leave out 'may' and insert 'shall'.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt
9
Clause 5, page 3, line 30, after 'vehicles', insert 'used for the carriage of the public for payment.'.
Caroline Flint
72
Clause 5, page 3, line 36, at end insert—'( ) The power to make regulations under this section is not exercisable in relation to—
| (a) | any ship or hovercraft in relation to which regulations could be made under section 85 of the Merchant Shipping Act 1995 (c.21) (safety and health on ships), including that section as applied by any Order in Council under section 1(1)(h) of the Hovercraft Act 1968 (c.59), or |
| (b) | persons on any such ship or hovercraft. |
( ) In section 85 of the Merchant Shipping Act 1995 (c.21), at the end add—
"(8) Safety regulations which make provision in respect of the prohibition of smoking on any ship ("the smoking provisions") may include provision—
| (a) | for the appointment by the Secretary of State of persons to enforce the smoking provisions (whether in respect of ships generally or for any particular case or purpose), and for the removal of any person so appointed, |
| (b) | for such persons (if they are not surveyors of ships appointed under section 256) to have the powers of such surveyors for the purposes of their enforcement functions, |
| (c) | for any such persons to have, for the purposes of their enforcement functions, powers corresponding to those which authorised officers have under paragraphs 2(b) to (e), 3 and 4, as read with paragraphs 5 and 9, of Schedule 2 to the Health Act 2006 (which confers powers of entry, etc., on authorised officers of enforcement authorities in relation to the enforcement of the provisions of that Act in relation to smoking), |
| (d) | in relation to an offence of smoking in a place where smoking is prohibited under the smoking provisions, for purposes corresponding to those of section 8 of and Schedule 1 to the Health Act 2006 (which provide for the giving by authorised officers of penalty notices in respect of such an offence). |
- In this subsection, "smoking" has the same meaning as in Part 1 of the Health Act 2006." '.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt
8
Clause 5, page 3, line 37, after second 'vehicle', insert 'used for the transport of the public.'.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt
78
Clause 5, page 3, line 37, after second 'vehicle', insert 'used for the carriage of children, the public and for persons in the course of their employment'.
Steve Webb
Stephen Williams
51
Clause 5, page 3, line 37, after 'train', insert 'bus, coach'.
Steve Webb
Stephen Williams
53
Clause 5, page 3, line 38, at end add—'(4) Regulations shall provide for prescribed vehicles to be smoke-free wherever a journey does not end under the jurisdiction of the same national authority as the national authority in which it began.'.
Steve Webb
Stephen Williams
49
Clause 6, page 4, line 22, leave out from 'he' to end of line 30 and insert 'took all reasonable precautions and exercised all due diligence not to commit the offence'.
Steve Webb
Stephen Williams
50
Clause 6, page 4, line 31, leave out subsection (7).
Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt
62
Clause 6, page 4, line 36, leave out from 'exceeding' to end of line 37 and insert 'level 1 on the standard scale'.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt
63
Clause 7, page 5, line 14, leave out from 'exceeding' to end of line 15 and insert 'level 1 on the standard scale'.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt
64
Clause 9, page 6, line 6, leave out from 'exceeding' to end of line 7 and insert 'level 1 on the standard scale'.
Steve Webb
Stephen Williams
76
Clause 10, page 6, line 15, at end insert—'( ) In making regulations for the purposes of this Part, the appropriate national authority shall consult with organisations representing those enforcing this legislation.'.
Caroline Flint
73
Clause 12, page 7, line 18, after 'tent,' insert 'and (if not a ship within the meaning of the Merchant Shipping Act 1995 (c.21))'.
NEW CLAUSES RELATING TO PART 1
Voluntary prohibition
Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt
NC1
To move the following Clause:—
- 'The appropriate national authority may, by regulations, provide that prohibition of smoking under Part 1 should not come into effect in respect of classes of premises that have implemented a voluntary prohibition of smoking that has ensured that:—
| (e) | where the premises is open to the public those who do not wish to be exposed to smoke are not so exposed; |
| (f) | smoking is not permitted in places to which children have access; and |
| (g) | smoking is not permitted in areas of premises to which only employees have access.'. |
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| ©Parliamentary copyright 2005 | Prepared 8 Dec 2005 |