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NOTICES OF AMENDMENTS

given up to and including

Friday 10th February 2006


New Amendments handed in are marked thus *

CONSIDERATION OF BILL

HEALTH BILL, AS AMENDED


NEW CLAUSES

     Smoke-free premises: exemptions

   

Ms Secretary Hewitt
Mr Greg Knight [R]
Mr David Clelland [R]
Mr Doug Henderson

NC5

To move the following Clause:—

    '(1)   The appropriate national authority may make regulations providing for specified descriptions of premises, or specified areas within specified descriptions of premises, not to be smoke-free despite section 2.

    (2)   Descriptions of premises which may be specified under subsection (1) include, in particular—

      (a) any premises where a person has his home, or is living whether permanently or temporarily (including hotels, care homes, and prisons and other places where a person may be detained),

      (b) except as mentioned in subsection (5), any premises in respect of which a club premises certificate (within the meaning of section 60 of the Licensing Act 2003 (c. 17)) has effect.

    (3)   The power to make regulations under subsection (1) is not exercisable so as to specify any description of premises in respect of which a premises licence under the Licensing Act 2003 (c. 17) authorising the consumption of alcohol on the premises has effect.

    (4)   But subsection (3) does not prevent the exercise of that power so as to specify any area, within a specified description of premises mentioned in subsection (3), where a person has his home, or is living whether permanently or temporarily.

    (5)   If both a club premises certificate and a premises licence authorising the consumption of alcohol on the premises have effect in respect of any premises, those premises are to be treated for the purposes of this section as if only the premises licence had effect in respect of them.

    (6)   The regulations may provide, in relation to any description of premises or areas of premises specified in the regulations, that the premises or areas are not smoke-free—

      (a) in specified circumstances,

      (b) if specified conditions are satisfied, or

      (c) at specified times,

    or any combination of those.

    (7)   The conditions may include conditions requiring the designation in accordance with the regulations, by the person in charge of the premises, of any rooms in which smoking is to be permitted.'.

As Amendments to Ms Secretary Hewitt's proposed New Clause (Smoke-free premises: exemptions) (NC5):—

   

Caroline Flint

(a)

Line     9,     leave out paragraph (b).

   

Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt

(j)

Line     11,     at end insert—

      '(c) premises of specialist tobacconists, as defined in section 6 of the Tobacco Advertising and Promotion Act 2002 (c. 36).'.

   

Caroline Flint

(b)

Line     13,     after first 'of' insert '(a)'.

   

Caroline Flint

(c)

Line     15,     at end insert—

      '(b) premises in respect of which a club premises certificate (within the meaning of section 60 of that Act) has effect.'.

   

Caroline Flint

(d)

Line     19,     leave out subsection (5).

   

Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt

(i)

Line     29,     at end insert—

    '( )   Regulations made under subsection (1) shall not provide for premises or areas of premises in respect of which a club premises certificate has effect if they are premises or areas of premises open to the public to which children have access.'.

   

Dr Tony Wright

(g)

Line     30,     after second 'conditions', insert '(a)'.

   

Dr Tony Wright

(h)

Line     32,     at end add—

      '(b) requiring the physical segregation of rooms where smoking is permitted from those where it is not;

      (c) stipulating what food or drink may be consumed in any rooms where smoking is permitted; and

      (d) requiring all staff who enter such rooms to do so only on a voluntary basis.'.


     Power to amend age for sale of tobacco etc

   

Ms Secretary Hewitt

NC6

To move the following Clause:—

    '(1)   The Secretary of State may from time to time by order amend the following enactments by substituting, in each place where a person's age is specified, a different age specified in the order—

      (a) section 7 of the Children and Young Persons Act 1933 (c. 12) (sale of tobacco etc to persons under 16),

      (b) section 4 of the Children and Young Persons (Protection from Tobacco) Act 1991 (c. 23) (display of warning statements in retail premises and on vending machines).

    (2)   But the age specified in an order under subsection (1) may not be lower than 16.'.


     Enforcement

   

Ms Secretary Hewitt

NC7

To move the following Clause:—

    '(1)   In section 108 of the Medicines Act 1968 (c. 67) (enforcement in England and Wales)—

      (a) in subsection (1), at the beginning insert "Subject to the provisions of subsection (6C) of this section,",

      (b) after subsection (6) insert—

          "(6A) The Pharmaceutical Society shall be under a duty, concurrently with the appropriate Minister, to enforce the provisions of subsections (4) and (5) of section 72A of this Act in their application to England and Wales.

          (6B) The Pharmaceutical Society shall be under a duty to enforce the other provisions of section 72A of this Act, and any regulations made under them, in their application to England and Wales.

          (6C) The appropriate Minister shall be under no duty to enforce those other provisions, or any regulations made under them, in their application to England and Wales.

          (6D) Notwithstanding subsection (6C) of this section the appropriate Minister is to be treated for the purposes of sections 111 to 114 of this Act—

          (a) as empowered by this section to enforce those other provisions, or any regulations made under them, in their application to England and Wales, and

          (b) to that extent as an enforcement authority in relation to those other provisions or those regulations in their application to England and Wales.",

      (c) in subsection (9)(a), after "hospital" insert "(except in relation to so much of the hospital premises as is a registered pharmacy)",

      (d) in subsection (10), for "(4) to (8)" substitute "(4) to (6A), (7) and (8)".

    (2)   In section 109 of the Medicines Act 1968 (c. 67) (enforcement in Scotland), in subsection (1), at the beginning insert "Subject to the provisions of section 108(6C) of this Act as applied by subsection (2) of this section,".

    (3)   In section 110 of the Medicines Act 1968 (c. 67) (enforcement in Northern Ireland)—

      (a) in subsection (1), for "subsection (4)" substitute "subsections (3C) and (4)",

      (b) after subsection (3) insert—

          "(3A) The Pharmaceutical Society shall be under a duty, concurrently with the Minister, to enforce the provisions of subsections (4) and (5) of section 72A of this Act in their application to Northern Ireland.

          (3B) The Pharmaceutical Society shall be under a duty to enforce the other provisions of section 72A of this Act, and any regulations made under them, in their application to Northern Ireland.

          (3C) The Minister shall be under no duty to enforce those other provisions, or any regulations made under them, in their application to Northern Ireland.

          (3D) Notwithstanding subsection (3C) of this section the Minister is to be treated for the purposes of sections 111 to 114 of this Act—

          (a) as empowered by this section to enforce those other provisions, or any regulations made under them, in their application to Northern Ireland, and

          (b) to that extent as an enforcement authority in relation to those other provisions or those regulations in their application to Northern Ireland.",

      (c) in subsection (5)(a), for "and (3)" substitute "to (3D)",

      (d) in subsection (5)(b), for "(4) to (8)" substitute "(4) to (6A), (7) and (8)".'.


     Breastfeeding etc.

   

Mr David Kidney
Annette Brooke

NC1

To move the following Clause:—

    '(1)   Subject to subsection (2), it is an offence deliberately to prevent or stop a person in charge of a child from feeding milk to that child in a public place or on licensed premises.

    (2)   Subsection (1) does not apply if the child, at the material time, is not lawfully permitted to be in the public place or on the licensed premises otherwise than for the purpose of being fed milk.

    (3)   A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

    (4)   In this section—

    "child" means a person who has not yet attained the age of two years;

    "feeding" includes—

      (a) breastfeeding; and

      (b) feeding from a bottle or other container;

    "licensed premises" means premises used for licensable activity under Part III of the Licensing Act 2003 (c. 17);

    "milk" means breastmilk, cow's milk or infant formula;

    "public place" means any place to which, at the material time, the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission.'.


     Vicarious liability

   

Mr David Kidney
Annette Brooke

NC2

To move the following Clause:—

    '(1)   Anything done by a person in the course of that person's employment shall, in any proceedings brought under section [Breastfeeding etc.], be treated for the purpose of this section as done also by that person's employer, whether or not it was done with the employer's knowledge or approval.

    (2)   Anything done by a person as agent for another person with the authority (whether express or implied and whether precedent or subsequent) of that other person shall, in any proceedings brought under section [Breastfeeding etc.] be treated for the purpose of this section as done also by that other person.

    (3)   In proceedings brought under this Part of this Act against an employer in respect of an offence under section [Breastfeeding etc.] alleged to have been done by an employee of the employer, it shall be a defence for the employer to prove that the employer took such steps as were reasonably practicable to prevent the employee from committing such an offence in the course of the employee's employment.

    (4)   In this section, "employment" means employment under a contract of service or of an apprenticeship or a contract personally to do any work; and related expressions are to be construed accordingly.'.



 
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