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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




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




To move the following Clause:—



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





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—



the colour of the packages or packaging;



the shape and material of the packages or packaging;



distinctive marks displayed on the packages or packaging;



trade marks or registered trade marks displayed on the packages or





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


associated with packages, packaging or tobacco products;


Notices of Amendments: 16 June 2009                     



Health Bill-[ [], continued



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


products; and



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



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.



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.



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.



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





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.



Regulations made by the Secretary of State under this section—



may make different provision for different cases; and



may contain such incidental supplemental, consequential and transitional


provision as the Secretary of State thinks fit.



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


statutory instrument.



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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Revised 17 June 2009