House of Commons Amendments

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Notices of Amendments: 8 October 2009
1222

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“2A
Purchase of tobacco on behalf of children

(1)
A person commits an offence if—

(a)
he buys or attempts to buy tobacco on behalf of an individual

aged under 18, or

(b)
where he is a member of a club, on behalf of an individual aged

under 18 he—

(i)
makes arrangements whereby tobacco is supplied to him

or to his order by or on behalf of the club, or

(ii)
attempts to make such arrangements.

(2)
A person (“the relevant person”) commits an offence if—

(a)
he buys or attempts to buy tobacco for consumption on relevant

premises by an individual aged under 18, or

(b)
where he is a member of a club—

(i)
by some act or default of his, tobacco is supplied to him,

or to his order, by or on behalf of the club for

consumption on relevant premises by an individual aged

under 18, or

(ii)
he attempts to have tobacco so supplied for such

consumption.

(3)
Where a person is charged with an offence under paragraph (1) or (2) it

is a defence that he had no reason to suspect that the individual was aged

under 18.

(4)
A person guilty of an offence under this subsection is liable on summary

conviction—

(a)
in the case of an offence under paragraph (1), to a fine not

exceeding level 3 on the standard scale, and

(b)
in the case of an offence under paragraph (2), to a fine not

exceeding level 5 on the standard scale.”’.

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;

Notices of Amendments: 8 October 2009
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Health Bill-[ [], continued

(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

Dr Evan Harris

Dr Doug Naysmith

Ms Diane Abbott

David Heyes

Total signatories: 12

Laura Moffatt

Emily Thornberry

Dr Desmond Turner

Hugh Bayley

Mr David Drew

Dr Richard Taylor

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—

(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.

Notices of Amendments: 8 October 2009
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(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.’.

Restrictions on tobacco packaging

Sandra Gidley

Dr John Pugh

NC7


To move the following Clause:—

‘Within six months of the passing of this Act, the Secretary of State shall set out

guidance for consultation with appropriate stakeholders on regulations

prohibiting or restricting the use of logos, colours, brand images or promotional

information on tobacco packaging other than brand names and product names

displayed in a standard colour and font style.’.

Protection of purchasers of medicinal products

Mr Stephen O’Brien

Mike Penning

NC8


To move the following Clause:—

‘(1)
The Medicines Act 1968 is amended as follows.

(2)
At the end of subsection (4)(a) of section 64 (Protection of purchasers of

medicinal products) insert—

“(aa)
the addition or abstraction was not carried out with intent,

(ab)
the addition or abstraction was not carried out negligently,”’.

Offences under Part III of the Medicines Act 1968

Mr Stephen O’Brien

Mike Penning

NC9


To move the following Clause:—

‘(1)
The Medicines Act 1968 is amended as follows.

(2)
In section 67(2) after “64” insert “(2) to (5)”.

(3)
After section 67(2) insert—

Notices of Amendments: 8 October 2009
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Health Bill-[ [], continued

“(2A)
Any person who contravenes section 64(1), without exercising all due

diligence to secure that the provision in question would not be

contravened, shall be guilty of an offence.”.

(4)
In section 91(1) after “86(3)” insert “, without exercising all due diligence to

secure that the provision in question would not be contravened,”’.

Private health care

Mr Stephen O’Brien

Mike Penning

NC10


To move the following Clause:—

‘(1)
The National Health Service Act 2006 (c. 41) is amended as follows.

(2)
In section 44 (private health care), after subsection (4) insert—

“(4A)
The Secretary of State may by regulations make provision for exceptions

to be permitted to the restriction mentioned in subsection (2) subject to

the principle that any such exception must in all the circumstances be in

the interests of the National Health Service.

(4B)
The regulations may specify such other principles and conditions as the

Secretary of State may consider appropriate.”’.

Notification of Care Quality Commission (special reviews and investigations)

Mr Stephen O’Brien

Mike Penning

NC11


To move the following Clause:—

‘(1)
The Health and Social Care Act 2008 is amended as follows.

(2)
In section 39 (bodies required to be notified of certain matters) after subsection

(2)(d) insert—

“(e)
an investigation under section 48 (special reviews and

investigations).”’.

Mr Stephen O’Brien

Mike Penning

19


Page  2,  line  3  [Clause  2],  at end insert ‘and the core principles of the NHS.

(1A)
The core principles of the NHS are that—

(a)
the NHS provides a comprehensive service, available to all;

Notices of Amendments: 8 October 2009
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Health Bill-[ [], continued

(b)
access to NHS services is based on clinical need, not an individual’s

ability to pay;

(c)
the NHS aspires to the highest standards of excellence and

professionalism;

(d)
NHS services must reflect the needs and preferences of patients, their

families and their carers;

(e)
the NHS works across organisational boundaries and in partnership with

other organisations in the interests of patients, local communities and the

wider population;

(f)
the NHS is committed to providing best value for taxpayers’ money and

the most effective, fair and sustainable use of finite resources; and

(g)
the NHS is accountable to the public, communities and patients it

serves.’.

Sandra Gidley

Dr John Pugh

15

Page  3,  line  6  [Clause  3],  leave out subsection (2) and insert—

‘(2)
The Secretary of State must undertake a short review of the NHS Constitution

within the first two years of operation and, thereafter, at least once in any period

of 10 years the Secretary of State must carry out a full review (a “10 year

review”).’.

Dr Richard Taylor

20


Page  4,  line  9  [Clause  4],  at end insert—

‘(1A)
The Secretary of State must revise the NHS Constitution in the light of relevant

findings of the Care Quality Commission or the National Patient Safety Agency.’.

Secretary Andy Burnham

21


Page  13  [Clause  15],  leave out lines 20 and 21 and insert—

‘(5)
Schedule 8A makes further provision about trusts in respect of which an order is

made under subsection (1).’.

Notices of Amendments: 8 October 2009
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Health Bill-[ [], continued

Secretary Andy Burnham

22


Page  17,  line  15,  leave out Clause 16.

Secretary Andy Burnham

23


Page  22,  line  25  [Clause  18],  leave out ‘Chapter 5A does’ and insert ‘sections 52B

to 52E and Chapter 5A do’.

Secretary Andy Burnham

24


Page  22,  line  36  [Clause  18],  at end insert—

‘“( )
section 52D(1) or (7) or 52E(6),’.

Secretary Andy Burnham

25


Page  22,  line  37  [Clause  18],  leave out ‘or (4)’ and insert ‘,(4) or (5)’.

Secretary Andy Burnham

26


Page  22,  line  39  [Clause  18],  at end insert ‘52D(1), 52E(6),’.

Secretary Andy Burnham

27


Page  23,  line  2  [Clause  18],  leave out ‘10A’ and insert ‘8A’.

Secretary Andy Burnham

28


Page  23,  line  3  [Clause  18],  after ‘section’, insert ‘52D(1) or’.

Secretary Andy Burnham

29


Page  23,  line  12  [Clause  18],  after ‘section’, insert ‘52D(1) or’.

Mike Penning

Mr Stephen O’Brien

1

Page  23,  line  31,  leave out Clause 21.

Lembit Öpik

16


Page  24,  line  15  [Clause  21],  at end insert—

‘(2)
No offence is committed under section 7A if—

Notices of Amendments: 8 October 2009
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Health Bill-[ [], continued

(a)
the products are displayed at a place where tobacco products are offered

for sale,

(b)
the display is that one packet only of each tobacco product which is

offered for sale,

(c)
the display is no greater than 1.5 square metres in size, and

(d)
the display complies with such requirements as may be specified in

regulations.’.

Mike Penning

Mr Stephen O’Brien

Mr Ian McCartney

Bob Russell

Mr Kevin Barron

Dr Howard Stoate

2

Page  26,  line  3  [Clause  22],  leave out ‘may’ and insert ‘shall’.

Mr Ian McCartney

Bob Russell

Mr Kevin Barron

Dr Howard Stoate

4

Page  26,  line  4  [Clause  22],  after ‘prohibiting’, insert ‘in certain circumstances’.

Mr Ian McCartney

Bob Russell

Mr Kevin Barron

Dr Howard Stoate

5

Page  26,  line  4  [Clause  22],  leave out ‘or imposing requirements in relation to’.

Mr Ian McCartney

Bob Russell

Mr Kevin Barron

Dr Howard Stoate

6

Page  26  [Clause  22],  leave out lines 6 to 10.

Mike Penning

Mr Stephen O’Brien

17


Page  26  [Clause  22],  leave out lines 7 to 10 and insert ‘requirements as to the location

of any automatic machine for the sale of tobacco which would prevent access to, or

purchase of, tobacco by any person aged under 18.’.

Mr Ian McCartney

Bob Russell

Mr Kevin Barron

Dr Howard Stoate

7

Page  26,  line  12  [Clause  22],  leave out ‘or requirement’.