1. The Committee has considered the instruments set
out in the Annex to this Report and has determined that the special
attention of both Houses does not require to be drawn to any of
REGULATIONS 2003 (S.I. 2003/77)
2. The Committee draws the special attention of
both Houses to these Regulations on the ground that they are defectively
3. These Regulations provide for certain transitional
exemptions from the prohibition of sponsorship imposed by section
10 of the Tobacco Advertising and Promotion Act 2002.
4. Regulation 3(2) exempts until 31 July 2005 sponsorship
agreements which were in existence before 11 July 2001 which relate
to an "exceptional global event" that is an event
or activity that takes place in at least two continents and three
sovereign states provided that certain conditions are met.
One such condition, in subparagraph (b)(ii), is that the
total area of visible advertisements at any part of the event
taking place within the UK is reduced each year by not less than
20% compared with the previous year. The Committee asked the Department
of Health whether "visible advertisements" should have
read "visible tobacco advertisements", "tobacco
advertisement" being an expression defined in section 1 of
the 2002 Act.
5. In a further memorandum printed at Appendix 1,
the Department confirms that regulation 3(2)(b)(ii) is intended
to apply to visible tobacco advertisements. Whilst it accepts
that provision would have been clearer if the word "tobacco"
had been included, it argues that, given the context, the reference
to advertisements could really only be to tobacco advertisements.
6. The Committee agrees that it is logical to assume
that the intention behind this provision is to require a phased
reduction in tobacco advertising at such events. However, the
wording of the provision is clear and leaves no room for ambiguity.
An event will fulfil the condition in subparagraph (b)(ii)
where, for example, 50% of the advertisements in 2002 were for
tobacco products and in 2003 the total area of those advertisements
remains unchanged but that of nontobacco advertisements
is reduced by 40%.
7. The Department states that it intends to amend
the Regulations to clarify the matter when a suitable opportunity
arises. In the Committee's view this should be done before 30
July when regulation 3(2)(b) begins to have effect. The Committee
accordingly reports regulation 3(2)(b)(ii) for defective drafting,
acknowledged by the Department.
REGULATIONS 2003 (S.I. 2003/164)
8. The Committee draws the special attention of
both Houses to these Regulations on the ground that in one respect
they fail to comply with proper legislative practice.
9. The Committee asked the Department for Environment,
Food and Rural Affairs to explain why, contrary to the requirements
of Statutory Instrument Practice (paragraphs 2.21 and 2.22),
the Table of Arrangement was placed after (rather than before)
the recital of powers. In a memorandum printed at Appendix 2,
the Department acknowledges that the Table of Arrangement should
have preceded the recital of powers. Accordingly in this respect
the Committee reports this instrument on the ground that it fails
to comply with proper legislative practice, as acknowledged by