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Public Bill Committee: 23 June 2009                     

148

 

Health Bill [Lords] continued

 
 

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;

 

(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


 
 

Public Bill Committee: 23 June 2009                     

149

 

Health Bill [Lords] continued

 
 

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.’.

 


 

Decriminalisation of pharmaceutical errors

 

Mr Stephen O’Brien

 

Mike Penning

 

NC11

 

To move the following Clause:—

 

‘(1)    

The Medicines Act 1968 is amended as follows.

 

(2)    

In section 67 (Offences under part III) after “sections 52, 58, 63;” leave out “64”.

 

(3)    

In section 122 (Warranty as defence) in subsection (2) after “section 63(b)”, leave

 

out “sections 64 and” and insert “section”.’.

 


 

Nicotine replacement therapy

 

Mike Penning

 

Mr Stephen O’Brien

 

NC12

 

To move the following Clause:—

 

‘The Secretary of State shall before 21 July 2009 set out guidance for consultation

 

with appropriate stakeholders to provide greater access to nicotine replacement

 

therapy for members of the public.’.

 


 

Tobacco smuggling

 

Mike Penning

 

Mr Stephen O’Brien

 

NC13

 

To move the following Clause:—


 
 

Public Bill Committee: 23 June 2009                     

150

 

Health Bill [Lords] continued

 
 

‘(1)    

Within two months of the passing of this Act, the Secretary of State shall establish

 

a committee of appropriate stakeholders to propose new approaches to reduce the

 

prevalence of tobacco smuggling.

 

(2)    

The Secretary of State shall before 21 July 2009 establish a consultation with

 

appropriate stakeholders to reduce the prevalence of tobacco smuggling in the

 

following decade.’.

 


 

Mr Stephen O’Brien

 

Mike Penning

 

62

 

Title,  line  5,  leave out ‘adult’.

 


 

Mr Mike O’Brien

 

That certain written evidence already reported to the House be appended to the

 

proceedings of the Committee.

 

 

Order of the House [8 JUNE 2009]

 

That the following provisions shall apply to the Health Bill [Lords]:

 

Committal

 

1.    

The Bill shall be committed to a Public Bill Committee.

 

Proceedings in Public Bill Committee

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

 

concluded) be brought to a conclusion on Thursday 25 June 2009.

 

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

 

which it meets.

 

Consideration and Third Reading

 

4.    

Proceedings on consideration shall (so far as not previously concluded) be

 

brought to a conclusion one hour before the moment of interruption on the

 

day on which those proceedings are commenced.

 

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion at the moment of interruption on that day.

 

6.    

Standing Order No. 83B (Programming committees) shall not apply to

 

proceedings on consideration and Third Reading.

 

Other proceedings

 

7.    

Any other proceedings on the Bill (including any proceedings on

 

consideration of any message from the Lords) may be programmed.

 


 
 

Public Bill Committee: 23 June 2009                     

151

 

Health Bill [Lords] continued

 
 

Order of the Committee [16 June 2009]

 

That—

 

(1)  

the Committee shall (in addition to its first meeting at 10.30 am on Tuesday

 

16 June) meet—

 

(a)  

at 4.00 pm on Tuesday 16 June;

 

(b)  

at 9.30 am and 1.00 pm on Thursday 18 June;

 

(c)  

at 10.30 am and 4.00 pm on Tuesday 23 June;

 

(d)  

at 9.30 am and 1.00 pm on Thursday 25 June;

 

(2)  

the proceedings shall be taken in the following order: Clauses 1 to 13,

 

Schedule 1, Clauses 14 to 16, Schedule 2, Clauses 17 to 19, Schedule 3,

 

Clauses 20 to 24, Schedule 4, Clauses 25 to 33, Schedule 5, Clauses 34 to 37,

 

Schedule 6, Clauses 38 to 40, new Clauses, new Schedules, remaining

 

proceedings on the Bill;

 

(3)  

the proceedings shall (so far as not previously concluded) be brought to a

 

conclusion at 5.00 pm on Thursday 25 June.

 


 
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