House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

1143

House of Commons

Notices of Amendments

given on

Wednesday 8 July 2009

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

1017-19 and 1063-64

Consideration of Bill

Health Bill [Lords], As Amended

NHS Health Tribunal

Sandra Gidley

Dr John Pugh

NC5

To move the following Clause:—

‘(1)
There shall be an NHS Health Tribunal in England and Wales.

(2)
In this chapter “NHS Health Tribunal” means a Tribunal established using the

meaning and powers described by the Tribunals, Courts and Enforcement Act

2007 (c. 15).

(3)
The NHS Tribunal shall—

(a)
enforce the NHS Constitution;

(b)
exercise its authority in relation to bodies defined in section 2(1) of this

Act;

(c)
exercise its authority pursuant to the performance of its NHS functions as

defined in section 2(3) of this Act;

(d)
exercise its authority in relation to persons providing NHS Services as

defined in section 2(7) of this Act.’.

Discolosure of tobacco industry promotional and research activity

Frank Dobson

Mr Kevin Barron

NC6

To move the following Clause:—

‘(1)
The Secretary of State shall make regulations to require a business which in the

course of its activity sells a tobacco product or causes one to be sold to disclose

details of its marketing and research activities.

(2)
Disclosure shall consist of but is not limited to—

Notices of Amendments: 8 July 2009
1144

Health Bill [Lords], continued

(a)
the total amount spent on distribution, advertising and selling costs

deducted from corporation tax;

(b)
distribution costs;

(c)
promotional allowances at retail;

(d)
competition prizes at retail;

(e)
tobacco display gantries at retail;

(f)
speciality item distribution;

(g)
brand development;

(h)
packaging design;

(i)
online marketing activity;

(j)
advertising in specialist trade press;

(k)
corporate social responsibility activities;

(l)
market research;

(m)
product research; and

(n)
any other marketing and research activity which represents more than

5   per cent. of the total spending by the business.

(3)
The Secretary of State shall make regulations to require disclosure of information

and results from all market research and scientific research conducted by the

businesses specified in subsection (1) in relation to tobacco products by type of

product.

(4)
The Secretary of State shall require all information required by subsections (1)

and (3) to be submitted on a quarterly basis by businesses specified in subsection

(1) and shall, within three months, publish a report aggregating the data.

(5)
A person who does not comply with regulations under this section shall be guilty

of an offence.

(6)
The provisions of section 13 (Enforcement), 14 (Powers of entry, etc), 15

(Obstruction, etc of officers) and 16 (Penalties) of the Tobacco Advertising and

Promotion Act 2002 shall apply to this section.’.