Tobacco Advertising and Promotion Bill [HL]
AMENDMENTS
TO BE MOVED
ON REPORT
| Page 2, leave out line 20 and insert— |
| | "of which 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," |
| Page 2, line 30, leave out from beginning to "on" and insert "A person does not commit" |
| Page 2, line 32, leave out "to prove that" and insert "if" |
| Page 2, line 34, leave out from beginning to "an" and insert "A person does not commit" |
| Page 2, line 35, leave out "to prove that" and insert "if" |
| Page 2, line 38, leave out from beginning to "an" and insert "A person does not commit" |
| Page 2, line 39, leave out "to prove that" and insert "if" |
| Page 2, line 41, leave out from beginning to "an" and insert "A person does not commit" |
| Page 2, line 43, leave out "to prove that" and insert "if" |
| Page 3, line 2, leave out "it is a defence for a person charged with" and insert "a person does not commit" |
| Page 3, line 3, leave out "to prove" and insert "if" |
| Page 3, line 4, leave out first "that" |
| Page 3, line 6, leave out "that," |
| Page 3, line 8, leave out "that" |
| Page 3, line 10, leave out from beginning to "he" in line 11 and insert "A person does not commit an offence under section 3(c) if" |
| | THE EARL HOWE
THE BARONESS NOAKES |
| Insert the following new Clause— |
| | "Use of names, logos and business details |
| (1) | A person shall not be treated as publishing a tobacco advertisement for the purposes of this Act solely by reason of the use of the items set out in subsection (2) below in— |
| (a) | letterheads, price lists, invoices and other business stationery; |
| (b) | items listed in paragraph (a) which are communicated electronically; or |
| (c) | signs identifying business premises occupied by the person. |
| (2) | The items mentioned in subsection (1) comprise— |
| (a) | the name or names by which the person is known including the names of companies or limited liability partnerships registered under the Companies Acts; |
| (b) | any trading names used by the person; |
| (c) | a logo or other graphic representation of those names; or |
| (d) | an address or addresses at which the person carries on business." |
| Page 3, line 14, leave out from beginning to "the" in line 15 and insert "A person does not commit an offence under section 2 if" |
| Page 4, line 23, leave out from beginning to end of line 24 and insert "A person does not commit an offence under this section—" |
| Page 4, line 25, leave out "if" and insert "where" |
| Page 4, line 26, leave out "that" and insert "if" |
| Page 4, line 28, leave out "if" and insert "where" |
| Page 4, line 29, leave out "that" and insert "if" |
| Page 5, line 8, at end insert— |
| "( ) | No offence is committed under this section in relation to a tobacco sponsorship agreement if the purpose of effect of anything done under the agreement is to promote a tobacco product to persons engaged in the tobacco trade (even if they are also engaged in another trade)" |
| Page 5, line 9, leave out from beginning to end of line 10 and insert "A person does not commit an offence under this section—" |
| Page 5, line 11, leave out "if" and insert "where" |
| Page 5, line 13, leave out first "that" and insert "if" |
| Page 5, line 15, leave out "if" and insert "where" |
| Page 5, line 17, leave out first "that" and insert "if" |
| Page 5, line 18, leave out from beginning to "he" in line 19 and insert "A person does not commit an offence under this section if" |
| | THE EARL HOWE
THE BARONESS NOAKES |
| Page 5, line 35, leave out ", or whose effect is to do so" |
| | THE EARL HOWE
THE BARONESS NOAKES |
| Page 7, line 12, leave out "considers it" and insert "has reasonable grounds for believing that it is" |
| Page 7, line 17, leave out "considers" and insert "has reasonable grounds for believing that it is" |
| Page 7, line 19, leave out "considers" and insert "has reasonable grounds for believing" |
| Page 9, line 1, leave out from beginning to end of line 2 and insert "A person does not commit an offence under subsection (2) if—" |
| Page 9, line 3, leave out "that" |
| Page 9, line 4, leave out first "that" |
| | 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 14 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." |
| 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) unless a draft of the order has been laid before and approved by a resolution of each House of Parliament." |
| Insert the following new Clause— |
| | "Defences: burden of proof |
| (1) | This section applies where a person charged with an offence under this Act relies on a defence under any of sections 5(1) to (6), 6(1), 9(4), 10(3) and (4) and 15(3). |
| (2) | Where evidence is adduced which is sufficient to raise an issue with respect to that defence, the court or jury shall assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not." |
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