|
| | |
| |
| | |
| |
| | Tuesday 13th December 2005 |
|
| | |
| | |
| | |
| | [Fifth and Sixth Sittings]
|
|
| | | |
| | |
| | |
| | |
| | | |
| | Clause 5, page 3, line 29, leave out ‘may’ and insert ‘shall’. |
|
| | |
| | |
| | |
| | | |
| | Clause 5, page 3, line 30, after ‘vehicles’, insert ‘used for the carriage of the public |
|
| | |
| | |
| | | |
| | Clause 5, page 3, line 36, at end insert— |
|
| | | ‘( ) | The power to make regulations under this section is not exercisable in relation |
|
| | | |
| | | (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 |
|
| | | |
| | | (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 |
|
| | | |
| | |
| | |
| | |
| | | |
| | Clause 5, page 3, line 37, after second ‘vehicle’, insert ‘used for the transport of the |
|
| | |
| | |
| | |
| | |
| | | |
| | 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’. |
|
| | |
| | |
| | | |
| | Clause 5, page 3, line 37, after ‘train’, insert ‘bus, coach’. |
|
| | |
| | |
| | | |
| | 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.’. |
|
| | | Clause, as amended, Agreed to. |
|
| | |
| | |
| | |
| | | |
| | 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’. |
|
| | |
| | |
| | | |
| | Clause 6, page 4, line 31, leave out subsection (7). |
|
| | |
| | |
| | |
| | | |
| | Clause 6, page 4, line 36, leave out from ‘exceeding’ to end of line 37 and insert |
|
| | ‘level 1 on the standard scale’. |
|
| | | |
| | |
| | |
| | |
| | |
| | | |
| | Clause 7, page 5, line 14, leave out from ‘exceeding’ to end of line 15 and insert |
|
| | ‘level 1 on the standard scale’. |
|
| | | |
| | | |
| | | |
| | |
| | |
| | |
| | |
| | | |
| | Clause 9, page 6, line 6, leave out from ‘exceeding’ to end of line 7 and insert ‘level |
|
| | 1 on the standard scale’. |
|
| | | |
| | |
| | |
| | |
| | | |
| | 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 |
|
| | | |
|
| |
| | |
| | |
| |
| | | |
| | | |
| | | |
| | |
| | |
| | | |
| | 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))’. |
|
| | | Clause, as amended, Agreed to. |
|
| | |
| | New ClauseS relating to part 1 |
|
| | | |
| | |
| | |
| | |
| | | |
| | 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; |
|
| | | |
| | | (g) | smoking is not permitted in areas of premises to which only |
|
| | | |
| | |
| | | |
| | |
| | | Question proposed, That the Clause be read a second time NC2 |
|
| | To move the following Clause:— |
|
| | | ‘The appropriate national authority may issue regulations modifying the Children |
|
| | | and Young Persons (Protection from Tobacco) Act 1991 so as to substitute for the |
|
| | | age specified in any of its provisions such other higher age or ages as they |
|
| | | |
