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back to previous amendments
| 56 | Page 4, line 25, at beginning insert "knowingly" |
| 57* | Page 4, line 27, at end insert— |
| "( ) | For the purposes of subsection (1), a coupon shall not be deemed to have the purpose or effect of promoting a tobacco product if it only provides for the product with which it is packed or sent to be sold at a discount on a single subsequent purchase of that product." |
| 58* | Page 4, line 32, at end insert ", or |
| "(b) | research into tobacco product development, provided that such research is undertaken within the code of conduct of the Market Research Society" |
| | THE LORD PALMER
THE LORD NASEBY |
| 59* | Page 4, line 36, leave out "had no reason to suspect" and insert "could not reasonably have been expected to know" |
| 60* | Page 4, line 42, at end insert— |
| "( ) | For the avoidance of doubt, a "coupon" within the meaning of this section does not include a document or other thing issued to a customer who has previously bought tobacco products which have been found to be defective or unsatisfactory in some way, where the coupon is issued to the customer by way of compensation to allow him to obtain further products of the same nature." |
| 61* | Page 5, line 6, after "of" insert ""nominal sum" and" |
| 62 | Page 5, line 15, leave out "something" and insert "a public event or activity" |
| 63 | Page 5, line 17, at end insert— |
| "( ) | No offence is committed under this section in relation to a tobacco sponsorship agreement if the purpose or effect of anything done under the agreement is to promote a tobacco product solely to persons engaged in the tobacco trade (even if they are also engaged in another trade)." |
| 64* | Page 5, line 22, leave out "had reason to suspect" and insert "could not reasonably have been expected to know" |
| 65* | Page 5, line 28, leave out "had no reason to suspect" and insert "could not reasonably have been expected to know" |
| | THE EARL HOWE
THE BARONESS NOAKES |
| 66 | Page 5, line 31, at beginning insert "Subject to subsection (3A)," |
| 67 | Page 5, line 34, leave out paragraph (a) |
| 68 | 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" |
| 69 | Page 5, line 44, leave out ", or whose effect is to do so" |
| | THE EARL HOWE
THE BARONESS NOAKES |
| 70 | Page 6, line 4, at end insert— |
| "(3A) | 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)." |
| 71* | Page 7, line 18, leave out "which he considers" and insert "where there are reasonable grounds for him to believe" |
| 72* | Page 7, line 21, leave out "as he considers" and insert "as there are reasonable grounds for him to believe" |
| | THE LORD FAULKNER OF WORCESTER
THE BARONESS JAY OF PADDINGTON |
| 73* | Page 7, line 23, at beginning insert "where he considers it necessary for that purpose," |
| 74* | Page 7, line 24, after "it," insert "and" |
| 75* | Page 7, line 25, leave out from first "it" to end of line 26 |
| 76* | Page 7, line 25, leave out "he considers" and insert "there are reasonable grounds for him to believe it is" |
| | THE EARL HOWE
THE BARONESS NOAKES |
| 77 | Page 7, line 26, leave out "considers necessary" and insert "has reasonable grounds" |
| | THE LORD FAULKNER OF WORCESTER
THE BARONESS JAY OF PADDINGTON |
| 78* | Page 7, line 26, at end insert— |
| "(ca) | to take possession of any book, document, data, record (in whatever form it is held) or product which is on the premises and retain it for as long as he considers necessary for that purpose;" |
| 79* | Page 7, line 28, leave out "he considers" and insert "there are reasonable grounds for him to believe it is" |
| 80* | Page 7, line 30, leave out "he considers" and insert "there are reasonable grounds for him to believe it is" |
| | THE EARL HOWE
THE BARONESS NOAKES |
| 81 | Page 8, line 11, after "other" insert "authorised" |
| 82* | Page 8, line 11, leave out "he considers" and insert "there are reasonable grounds for him to believe it is" |
| | THE LORD FAULKNER OF WORCESTER
THE BARONESS JAY OF PADDINGTON |
| 83* | Page 8, line 16, leave out "(c)" and insert "(ca)" |
| | THE EARL HOWE
THE BARONESS NOAKES |
| 84 | 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
THE LORD PALMER |
| 85 | 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)." |
| 86 | 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." |
| 87* | Page 9, line 19, leave out "six" and insert "three" |
| 88* | Page 9, line 21, leave out paragraph (b) |
| | THE EARL HOWE
THE BARONESS NOAKES |
| 89 | 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 subsection (1) above to be laid before Parliament." |
| | THE EARL HOWE
THE LORD SKELMERSDALE
THE BARONESS NOAKES |
| 90 | 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 made 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 and approved by a resolution of each House of Parliament." |
| | THE EARL HOWE
THE BARONESS NOAKES |
| 91 | Page 10, line 34, at end insert— |
| | ""internet service provider" means a person who provides access to the internet," |
| 92 | Page 10, line 39, at end insert— |
| | ""website" means a location on the internet accessed by an address at which information is made available," |
| | THE BARONESS GIBSON OF MARKET RASEN |
| 93* | Page 11, line 5, at end insert— |
| "( ) | No order shall be made under subsection (1) until the Secretary of State has— |
| (a) | assessed the effects of the Act on employment, and |
| (b) | published his findings." |
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