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| | For other Amendment(s) see the following page(s) of Supplement to Votes:
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| | Health Bill Committee 69-94 |
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| | Clause 40, page 36, leave out lines 30 to 33. |
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| | | Member’s explanatory statement
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| | | This amendment leaves out the common-form provision inserted by the House of Lords at Third |
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| | | Reading to avoid infringing the financial privileges of the House of Commons. |
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| | To move the following Clause:— |
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| | | ‘(1) | The Secretary of State may make regulations imposing such requirements as he |
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| | | considers necessary prohibiting or restricting the sale or supply of tobacco |
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| | | products otherwise than in packages or packaging which comply with the |
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| | | (2) | The regulations made by the Secretary of State in subsection (1) may impose such |
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| | | requirements the Secretary of State considers necessary or expedient with respect |
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| | | to any one or more of the following particulars— |
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| | | (a) | the colour of the packages or packaging; |
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| | | (b) | the shape and material of the packages or packaging; |
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| | | (c) | distinctive marks displayed on the packages or packaging; |
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| | | (d) | trade marks or registered trade marks displayed on the packages or |
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| | | (e) | the labelling in respect of packages, packaging or tobacco products, or |
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| | | associated with packages, packaging or tobacco products; |
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| | | (f) | the contents inside the packages or packaging, in addition to tobacco |
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| | | (g) | any other particulars as may be prescribed by the Secretary of State. |
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| | | (3) | Regulations made under this section may provide that packages or packaging of |
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| | | any such description, or falling within any such class, as may be specified in the |
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| | | regulations shall not, except in such circumstances (if any) as may be so specified, |
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| | | be of any such colour or shape, or display any such mark or trade mark, or any |
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| | | other particulars as may be so specified. |
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| | | (4) | No person shall, in the course of a business carried on by him, sell or supply, or |
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| | | have in his possession for the sale or supply, any tobacco product, package, or |
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| | | packaging in such circumstances as to contravene any requirements imposed by |
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| | | regulations under this section which are applicable to that tobacco product, |
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| | | (5) | Any regulations made under this section may provide that any person who |
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| | | contravenes the regulations shall be guilty of an offence and shall be liable on |
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| | | summary conviction to a fine not exceeding a level on the standard scale specified |
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| | | in regulations made by the Secretary of State. |
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| | | (6) | Before making any regulations under this section, the Secretary of State shall |
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| | | consult such persons as are likely to him to be substantially affected by those |
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| | | (7) | For the purposes of this Act— |
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| | | “trade mark” and “registered trade mark” shall have the same meaning as in |
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| | | section 1 of the Trade Marks Act 1994; |
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| | | “package” shall mean the packet, container, wrapping or other receptacle |
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| | | which contains or is to contain the tobacco products; |
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| | | “packaging” shall mean all products made of any material to be used for the |
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| | | containment, protection, handling, transporting, delivery, sale and |
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| | | presentation of the packages; |
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| | | “tobacco products” shall include cigarettes, cigars and any other product |
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| | | containing tobacco and intended for oral or nasal use and smoking |
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| | | mixtures intended as a substitute for tobacco, and the expression |
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| | | “cigarettes” includes cut tobacco rolled up in paper, tobacco leaf, or other |
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| | | material in such form as to be capable of immediate use for smoking, and |
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| | | cigarette papers, tubes and filters. |
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| | | (8) | Regulations made by the Secretary of State under this section— |
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| | | (a) | may make different provision for different cases; and |
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| | | (b) | may contain such incidental supplemental, consequential and transitional |
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| | | provision as the Secretary of State thinks fit. |
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| | | (9) | The powers of the Secretary of State under this subsection shall be exercisable by |
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| | | (10) | No regulations under this section shall be made unless a draft has been laid |
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| | | before, and approved by a resolution of, both Houses of Parliament.’. |
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