Tobacco Advertising and Promotion Bill [HL]
SECOND
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE
[Amendments marked * are new or have been altered]
Amendment
No.
| | THE LORD SKELMERSDALE
THE LORD NASEBY |
| 22 | Page 2, line 19, leave out "(other than an in-flight magazine)" |
| | THE LORD SKELMERSDALE
THE LORD FAULKNER OF WORCESTER
THE LORD NASEBY |
| 23 | Page 2, line 22, leave out paragraph (d) |
| | THE EARL HOWE
THE BARONESS NOAKES |
| 24 | Page 2, leave out line 23 |
| 25 | Page 2, line 23, at end insert ", or |
| ( ) | 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" |
| 26 | Page 2, line 23, at end insert ", or |
| ( ) | if it is or is contained in an item of intrinsic value more than 30 years old" |
| | THE LORD PALMER
THE LORD NASEBY |
| 27 | Page 2, line 24, leave out "appropriate Minister" and insert "Secretary of State" |
| | THE LORD SKELMERSDALE
THE LORD NASEBY |
| 28 | Page 2, line 26, after "place" insert ", catalogue" |
| | THE LORD PALMER
THE LORD NASEBY |
| 29 | Page 2, line 30, at end insert— |
| "(3A) | For the avoidance of doubt, in subsection (1)(c) the "principal market" is not the United Kingdom where the total number of publications distributed in the United Kingdom (or any part of it) is less than the total number of publications distributed outside the United Kingdom." |
| | THE LORD SKELMERSDALE
THE EARL HOWE
THE BARONESS NOAKES
THE LORD FAULKNER OF WORCESTER |
| 30 | Page 2, line 31, leave out subsection (4) |
| 31 | Insert the following new Clause— |
| | "Offences under section 2 or 3: assumed knowledge |
| | A person charged with an offence under section 2 or 3(a) or (b) shall be assumed to have knowledge of the purpose or effect of an advertisement, or of its intended place of publication, if he had not taken such care as may be specified." |
| 32 | Page 2, line 38, leave out from "he" to end of line and insert "could not reasonably have known or suspected" |
| | THE LORD PALMER
THE LORD NASEBY |
| 33 | Page 2, line 38, leave out "had no reason to suspect" and insert "could not reasonably have been expected to know" |
| 34 | Page 2, line 41, leave out "he could not reasonably have" and insert "it could not reasonably have been" |
| | THE LORD SKELMERSDALE
THE EARL OF LIVERPOOL |
| 35 | 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." |
| 36 | Page 3, line 2, leave out "had no reason to suspect" and insert "could not reasonably have been expected to know" |
| 37 | Page 3, line 5, leave out ", otherwise than as mentioned in section 2(3)," |
| 38 | Page 3, line 6, leave out "had no reason to suspect" and insert "could not reasonably have been expected to know" |
| | THE LORD LUCAS
THE EARL HOWE
THE BARONESS NOAKES
THE LORD RENNARD
|
| 39 | Page 3, line 9, leave out subsection (5) |
| 40 | Page 3, line 9, leave out "published" and insert "distributed" |
| 41 | Page 3, line 10, leave out "published" and insert "distributed" |
| 42 | Page 3, line 12, leave out first "published" and insert "distributed" |
| 43 | Page 3, line 12, leave out second "published" and insert "distributed" |
| 44 | Page 3, line 17, leave out paragraph (a) |
| 45 | Page 3, line 19, after "not" insert "reasonably" |
| | THE EARL HOWE
THE BARONESS NOAKES |
| 46 | Page 3, line 19, after "able" insert ", reasonably," |
| 47 | Page 3, line 21, leave out "he did not carry on business" and insert "the place of establishment of his business was not" |
| 48 | Page 3, line 24, leave out "had no reason to suspect" and insert "could not reasonably have been expected to know" |
| | The Lord Palmer gives notice of his intention to oppose the Question that Clause 5 stand part of the Bill. |
| 49 | Insert the following new Clause— |
| | "Regulations: prevention of distribution |
| (1) | The Secretary of State may by regulations require that any person notified in writing by a specified authority that he is distributing or publishing a tobacco advertisement shall take such action as may be specified as being necessary and appropriate to desist from or prevent such distribution or publication. |
| (2) | A distributor or publisher who fails to take the specified action is guilty of an offence. |
| (3) | The Secretary of State shall consult such persons as he considers appropriate before publishing any regulations under this section, in particular with a view to ensuring that the regulations do not impose unreasonable burdens on distributors and publishers." |
| 49A | Page 3, line 36, leave out from "things)" to the end of line 38 and insert "on which premises more than 100 brands or brand variants of tobacco products are stocked and available for sale" |
| 50 | Page 3, line 36, leave out "half" and insert "one-third" |
| 51 | Page 3, line 36, leave out "on the premises in question" |
| 52 | Page 3, line 45, after "includes" insert "a mobile or temporary retail unit and" |
| | THE LORD LUCAS
THE LORD SKELMERSDALE
THE EARL OF NORTHESK |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 7 stand part of the Bill. |
| 53 | Page 4, line 11, leave out "who does not carry on business" and insert "whose place of establishment is not" |
| 54 | Page 4, line 14, at end insert— |
| "( ) | For the purposes of subsection (2), a person carries on business in the United Kingdom if he delivers goods or services within the United Kingdom." |
| | THE EARL HOWE
THE BARONESS NOAKES |
| 55 | Page 4, line 17, leave out subsection (4) |
| 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 no 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 second "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 "(1)(c)" and insert "(1)(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." |
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