Tobacco Advertising and Promotion Bill [HL]
AMENDMENTS
TO BE MOVED
IN COMMITTEE
| | THE EARL HOWE
THE BARONESS NOAKES |
| Page 1, line 2, at end insert— |
| | ""advertisement" includes in particular any notice, circular, label, wrapper, invoice or other document, and any public announcement made orally or by any means of producing or transmitting light or sound but does not include the use of the name or trading name of a company, person or partnership in the ordinary course of the business of that company, person or partnership." |
| Page 1, line 7, leave out "sniffed," |
| Page 1, line 7, at end insert— |
| "( ) | For the avoidance of doubt, in this Act "promotion" does not include a display of tobacco products." |
| | THE LORD SKELMERSDALE
THE EARL OF NORTHESK |
| Page 1, line 15, leave out subsection (3) and insert— |
| "(3) | It is not an offence under this section for a person to distribute or to cause the distribution of a tobacco advertisement by electronic means if the activity of the person is limited to the technical process of operating and giving access to a communications network over which information made available by third parties is transmitted or temporarily stored for the sole purpose of making the transmission more efficient, or is limited to providing the hardware and software to enable the transmission or distribution." |
| | THE EARL HOWE
THE BARONESS NOAKES |
| Page 1, line 16, leave out from "form" to end of line and insert "or participating in doing so" |
| Page 1, line 17, leave out "who does not carry on business" and insert "whose place of establishment is not" |
| Page 2, line 15, at end insert "irrespective of the means by which the communication is made available" |
| | THE EARL HOWE
THE BARONESS NOAKES |
| Page 2, line 19, leave out paragraph (c) |
| Page 2, line 19, leave out "(other than an in-flight magazine)" |
| | THE LORD SKELMERSDALE
THE LORD FAULKNER OF WORCESTER |
| Page 2, line 22, leave out paragraph (d) |
| | THE EARL HOWE
THE BARONESS NOAKES |
| Page 2, leave out line 23 |
| Page 2, line 23, at end insert— |
| "(e) | If it is an advertisement— |
| (i) | whose purpose is to promote a service or product (other than a tobacco product) in connection with which the use of a name emblem or other feature is not prohibited by regulations made pursuant to section 10, or |
| (ii) | whose effect is to do so." |
| Page 2, line 23, at end insert— |
| "( ) | if it is or is contained in an item of intrinsic value more than 30 years old" |
| Page 2, line 26, after "place" insert ", catalogue" |
| Page 2, line 31, leave out subsection (4) |
| | THE EARL HOWE
THE BARONESS NOAKES
THE LORD FAULKNER OF WORCESTER |
| Page 2, line 31, leave out subsection (4) |
| Page 2, line 43, at end insert— |
| "( ) | It is a defence for a publisher charged with an offence under section 2(1) if the publication which he published is accompanied by a separate publication or communication that he did not know, and could not reasonably have been expected to know, contained or was a tobacco advertisement and would be distributed with his publication." |
| | THE EARL HOWE
THE BARONESS NOAKES
THE LORD RENNARD |
| Page 3, line 9, leave out subsection (5) |
| | THE EARL HOWE
THE BARONESS NOAKES |
| Page 3, line 19, after "able" insert ", reasonably," |
| Page 3, line 21, leave out "he did not carry on business in" and insert "the place of establishment of his business was not" |
| Page 4, line 11, leave out "who does not carry on business" and insert "whose place of establishment is not" |
| | THE EARL HOWE
THE BARONESS NOAKES |
| Page 4, line 17, leave out subsection (4) |
| | THE EARL HOWE
THE BARONESS NOAKES |
| Page 5, line 31, at beginning insert "Subject to subsection (4)" |
| Page 5, line 34, leave out paragraph (a) |
| Page 5, line 39, leave out from "name" to "which" in line 41, and insert "or emblem which is identical in appearance to a name or emblem" |
| Page 6, line 4, at end insert— |
| "( ) | A service or product first traded within the United Kingdom in good faith under the same name, trade mark, emblem or other distinguishing feature as a tobacco product prior to the date which this Act shall come into force may continue to be traded under that name, trade mark, emblem or other distinguishing feature, provided that the name, trade mark, emblem or other distinguishing feature of such service or product is presented in a manner clearly distinct from that used for the tobacco product and provisions shall not be made by virtue of subsection (1) in respect of the use of any name, trade mark, emblem or other feature of any such service or product (other than a tobacco product)." |
| | THE EARL HOWE
THE BARONESS NOAKES |
| Page 7, line 26, leave out "considers necessary" and insert "has reasonable grounds" |
| Page 8, line 11, after "other" insert "authorised" |
| Page 8, line 43, at end insert— |
| "(13) | If a person who enters any premises by virtue of this section discloses to any person information obtained on the premises with regard to any trade secret, he is, unless the disclosure is made in the performance of his duty, guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale." |
| | THE EARL HOWE
THE BARONESS NOAKES |
| Insert the following new Clause— |
| | "Appeals against detention of Goods |
| (1) | Any person having an interest in any goods which are for the time being detained under any provisions of this Act by an enforcement authority or by a duly authorised officer of such an authority may apply for an order requiring the goods to be released to him or another person. |
| (2) | An application under this section may be made— |
| (a) | to any magistrates' court in which proceedings have been brought in England and Wales or Northern Ireland or |
| (b) | in Scotland, by summary application to the sheriff. |
| (3) | On application under this section to a magistrates' court or to the sheriff, an order requiring goods to be released shall be made only if the court or sheriff is satisfied— |
| (a) | that the proceedings under this Act have not been brought; and |
| (b) | where no such proceedings have been brought, that more than six months have elapsed since the goods were seized. |
| (4) | Any person aggrieved by an order made under this section by a magistrates' court in England and Wales or Northern Ireland, or by a decision of such a court not to make such an order, may appeal against that order or decision— |
| (a) | in England and Wales, to the Crown Court; or |
| (b) | in Northern Ireland, to the county court; |
| | and an order so made may contain such provision as appears to the court to be appropriate for delaying the coming into force of the order pending the making and determination of any appeal (including any application under section 111 of the Magistrates' Courts Act 1980 (c. 43) or Article 146 of the Magistrates' Courts (Northern Ireland) Order 1981 (statement of case)." |
| Insert the following new Clause— |
| | "Compensation for seizure and detention |
| (1) | Where an officer of a duly authorised enforcement authority exercises any power under section 15 above to seize and detain goods, the enforcement authority shall be liable to pay compensation to any person having an interest in the goods in respect of any loss or damage caused by reason of the exercise of the power if— |
| (a) | there has been no contravention of this Act; and |
| (b) | the exercise of the power is not attributable to any neglect or default by that person. |
| (2) | Any disputed question as to the right to or the amount of any compensation payable under this section shall be determined by arbitration or, in Scotland, by a single arbiter appointed, failing agreement between the parties, by the sheriff." |
| | THE EARL HOWE
THE BARONESS NOAKES |
| Insert the following new Clause— |
| | "Commission of body to study the effects of Act |
| (1) | The Secretary of State shall commission a reputable and appropriate qualified body to carry out a rolling study of the effects of this Act on— |
| (a) | the prevalence of smoking in the United Kingdom population, with particular reference to the uptake of smoking by persons between the ages of 16 and 19 and under the age of 16; and |
| (b) | the effect of this Act on market shares of different participants in the tobacco industry. |
| (2) | Following the third anniversary of this Act coming into force and annually thereafter the Secretary of State shall arrange for an annual report of the findings of the study commissioned in accordance with (1) above to be laid before Parliament." |
| | THE EARL HOWE
THE LORD SKELMERSDALE
THE BARONESS NOAKES |
| Insert the following new Clause— |
| (1) | The provisions of this Act shall remain in force for six years and shall then expire unless continued in force by an Order under subsection (2) below. |
| (2) | If, prior to the expiration of six years from the date of commencement of this Act or the coming into force of any Order made under this subsection, the Secretary of State is satisfied that the operation of this Act has led to a reduction in the prevalence of smoking in the United Kingdom population, with particular reference to the uptake of smoking by persons under the age of 16, he may by order made by statutory instrument provide— |
| (a) | that all or any of those provisions of the Act which are for the time being in force shall continue in force for a period not exceeding ten years from the coming into operation of the Order, and |
| (b) | that any of those provisions of the Act which are not for the time being in force shall come into force again and remain in force for a period not exceeding three years from the coming into operation of the Order. |
| (3) | No order shall be made under subsection (2) above unless a draft of the order has been laid before Parliament and approved by a resolution of each House of Parliament." |
| | THE EARL HOWE
THE BARONESS NOAKES |
| Page 10, line 34, at end insert— |
| | ""internet service provider" means a person who provides access to the internet," |
| Page 10, line 39, at end insert— |
| | ""website" means a location on the internet accessed by an address at which information is made available" |
|
