Amendment Paper as at
Tuesday 14th February 2006
CONSIDERATION OF BILL
HEALTH BILL, AS AMENDED
NOTE
The Amendments have been arranged in accordance with the Programme Motion (No. 2) to be proposed by Ms Secretary Hewitt.
NEW CLAUSES RELATING TO PART 1 AND TO THE AGE FOR SALE OF TOBACCO
Smoke-free premises: exemptions
Ms Secretary Hewitt
Mr Greg Knight
Mr David Clelland
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 |
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
Hugh Bayley
Mr Kevin Barron
Mr John Grogan
Mr Paul Burstow
(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
Hugh Bayley
Mr Paul Burstow
Mr Kevin Barron
Mr John Grogan
(b)
Line 13, after first 'of' insert '(a)'.
Caroline Flint
Hugh Bayley
Mr Paul Burstow
Mr Kevin Barron
Mr John Grogan
(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
Hugh Bayley
Mr Paul Burstow
Mr Kevin Barron
Mr John Grogan
(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.'.
Age of purchase of tobacco products
Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt
NC4
To move the following Clause:—
'(1) The appropriate national authority may issue regulations modifying the Children and Young Persons (Protection from Tobacco) Act 1991 (c. 23) so as to substitute for the age specified in any of its provisions such other higher age or ages as they consider appropriate.
(2) In section 1 of the Children and Young Persons Act 1933 (c. 12) leave out "of sixteen years" and insert "specified by regulations under the Health Act 2006 (c. )".'.
Mr Eric Forth
Philip Davies
Mr Roger Gale
8
Page 1, line 1, leave out clauses 1 to 12.
Ms Secretary Hewitt
18
Page 2, line 25 [Clause 2], leave out 'Section 3' and insert 'Section (Smoke-free premises: exemptions)'.
Ms Secretary Hewitt
19
Page 2, line 30, leave out Clause 3.
Mr Laurence Robertson
Philip Davies
James Duddridge
Mr Mark Field
36
Page 2, line 31 [Clause 3], leave out subsections (1) to (4) and insert—
'( ) Despite section 2, the following descriptions of premises, may not be smoke-free—
| (a) | premises where a person has his home, or is living whether permanently or temporarily; |
| (c) | premises in respect of which a club premises certificate is in force.'. |
John Hemming
10
Page 2, line 33 [Clause 3], at end insert—
'(1A) The regulations may provide for local authorities to licence designated rooms in which smoking is to be permitted under appropriate conditions.'.
Mr Christopher Chope
Mr Eric Forth
5
Page 2, line 37 [Clause 3], leave out from 'hotels' to end of line 38 and insert 'and care homes, but not including prisons)'.
Mr Robert N. Wareing
John Cummings
Mr Eric Forth
27
Page 2, line 38 [Clause 3], at end insert—
| '( ) | premises in respect of which there are designated areas in which smoking is to be permitted.'. |
Mr Christopher Chope
Mr Eric Forth
Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt
6
Page 4, line 3 [Clause 5], at end insert—
| '(c) | any private motor vehicle not available for hire or reward. |
| (d) | any occupant of a private motor vehicle not available for hire or reward.'. |
Ms Secretary Hewitt
20
Page 5, line 31 [Clause 7], leave out '3' and insert '(Smoke-free premises: exemptions)'.
Ms Secretary Hewitt
24
Page 6, line 3 [Clause 8], after 'section' insert '6(5) or'.
Ms Secretary Hewitt
That Clause No. 8 be transferred to end of line 38 on page 6.
REMAINING NEW CLAUSES
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)".'. |
