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| Thursday 8th December 2005 |
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| [third and fourth Sittings]
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| | Another Amendment (No. 35) proposed, in page 2, line 40, at end insert— |
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| | ‘( ) | Regulations made under subsection (1) shall not provide for premises or areas of |
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| | premises not to be smoke-free if they are premises or areas of premises to which |
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| | children have access.’. —(Mr Andrew Lansley.) |
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| | Question proposed, That the Amendment be made. |
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| Clause 3, page 2, line 40, at end insert ‘provided that any area of a premises that is |
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| provided as not smoke-free at any time shall not share floor space unsegregated by a wall |
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| or door with any area that is smoke-free at the same time.’. |
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| Clause 3, page 2, line 40, at end insert— |
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| | ‘(3A) | The appropriate national authority shall certify, following consultation with the |
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| | Health and Safety Commission and such persons as they consider appropriate, |
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| | that any regulations made under this section require any person who controls or |
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| | is concerned in the management of premises covered by such regulations properly |
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| | to meet their obligations under sections 2 to 6 of the Health and Safety at Work |
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| Clause 3, page 3, line 1, leave out paragraph (a). |
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| Clause 3, page 3, line 5, at end insert— |
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| | ‘( ) | in the case of any premises, conditions requiring the installation and |
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| | operation of equipment capable of extracting smoke from the premises.’. |
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| Clause 3, page 3, line 5, at end insert— |
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| | ‘(c) | in the case of retail premises, conditions requiring that the premises are |
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| | held solely for the sale of specialist tobacco products and requisites.’. |
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| Clause 3, page 3, line 5, at end insert— |
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| | ‘(c) | in the case of any premises any requirements for the protection of |
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| | employees and members of the public that shall be specified, forming |
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| | part of an Approved Code of Practice issued by the Health and Safety |
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| Clause 3, page 3, line 5, at end insert— |
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| | ‘(c) | requirements for segregation of smoking and non-smoking areas, |
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| | provision and maintenance of ventilation systems, and restrictions on |
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| | deployment of staff in smoking areas.’. |
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| Clause 3, page 3, line 6, leave out subsection (5). |
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| Clause 3, page 3, line 11, at end add— |
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| | ‘(6) | The appropriate national authority shall, following consultation with the Health |
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| | and Safety Commission and such persons as they consider appropriate, set |
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| | maximum permitted occupational exposure limits to smoke or any constituent |
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| | part thereof for any premise which would otherwise be smoke-free but permits |
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| | smoking at any time by virtue of regulations issued under subsection (3).’. |
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| Clause 3, page 3, line 11, at end add— |
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| | ‘(6) | No regulations under this section shall be made unless and until smoke emitted as |
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| | a result of smoking as defined in section 1 has been previously designated as a |
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