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95

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Tuesday 16 June 2009

 

For other Amendment(s) see the following page(s) of Supplement to Votes:

 

Health Bill Committee 69-94

 

Public Bill Committee


 

Health Bill [Lords]

 

Mr Mike O’Brien

 

194

 

Clause  40,  page  36,  leave out lines 30 to 33.

 

Member’s explanatory statement

 

This amendment leaves out the common-form provision inserted by the House of Lords at Third

 

Reading to avoid infringing the financial privileges of the House of Commons.

 

Plain packaging

 

Sandra Gidley

 

Dr John Pugh

 

NC10

 

To move the following Clause:—

 

‘(1)    

The Secretary of State may make regulations imposing such requirements as he

 

considers necessary prohibiting or restricting the sale or supply of tobacco

 

products otherwise than in packages or packaging which comply with the

 

regulations.

 

(2)    

The regulations made by the Secretary of State in subsection (1) may impose such

 

requirements the Secretary of State considers necessary or expedient with respect

 

to any one or more of the following particulars—

 

(a)    

the colour of the packages or packaging;

 

(b)    

the shape and material of the packages or packaging;

 

(c)    

distinctive marks displayed on the packages or packaging;

 

(d)    

trade marks or registered trade marks displayed on the packages or

 

packaging;

 

(e)    

the labelling in respect of packages, packaging or tobacco products, or

 

associated with packages, packaging or tobacco products;


 
 

Notices of Amendments: 16 June 2009                     

96

 

Health Bill-[ [], continued

 
 

(f)    

the contents inside the packages or packaging, in addition to tobacco

 

products; and

 

(g)    

any other particulars as may be prescribed by the Secretary of State.

 

(3)    

Regulations made under this section may provide that packages or packaging of

 

any such description, or falling within any such class, as may be specified in the

 

regulations shall not, except in such circumstances (if any) as may be so specified,

 

be of any such colour or shape, or display any such mark or trade mark, or any

 

other particulars as may be so specified.

 

(4)    

No person shall, in the course of a business carried on by him, sell or supply, or

 

have in his possession for the sale or supply, any tobacco product, package, or

 

packaging in such circumstances as to contravene any requirements imposed by

 

regulations under this section which are applicable to that tobacco product,

 

package, or packaging.

 

(5)    

Any regulations made under this section may provide that any person who

 

contravenes the regulations shall be guilty of an offence and shall be liable on

 

summary conviction to a fine not exceeding a level on the standard scale specified

 

in regulations made by the Secretary of State.

 

(6)    

Before making any regulations under this section, the Secretary of State shall

 

consult such persons as are likely to him to be substantially affected by those

 

regulations.

 

(7)    

For the purposes of this Act—

 

“trade mark” and “registered trade mark” shall have the same meaning as in

 

section 1 of the Trade Marks Act 1994;

 

“package” shall mean the packet, container, wrapping or other receptacle

 

which contains or is to contain the tobacco products;

 

“packaging” shall mean all products made of any material to be used for the

 

containment, protection, handling, transporting, delivery, sale and

 

presentation of the packages;

 

“tobacco products” shall include cigarettes, cigars and any other product

 

containing tobacco and intended for oral or nasal use and smoking

 

mixtures intended as a substitute for tobacco, and the expression

 

“cigarettes” includes cut tobacco rolled up in paper, tobacco leaf, or other

 

material in such form as to be capable of immediate use for smoking, and

 

cigarette papers, tubes and filters.

 

(8)    

Regulations made by the Secretary of State under this section—

 

(a)    

may make different provision for different cases; and

 

(b)    

may contain such incidental supplemental, consequential and transitional

 

provision as the Secretary of State thinks fit.

 

(9)    

The powers of the Secretary of State under this subsection shall be exercisable by

 

statutory instrument.

 

(10)    

No regulations under this section shall be made unless a draft has been laid

 

before, and approved by a resolution of, both Houses of Parliament.’.

 


 
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