Tobacco Advertising and Promotion Bill [HL]
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT
[Amendments marked * are new or have been altered]
Amendment
No.
| 1 | Leave out Clause 1 and insert the following new Clause— |
| | "appropriate Minister" means— |
| (a) | in relation to England, Wales and Northern Ireland, the Secretary of State, and |
| (b) | in relation to Scotland, the Scottish Ministers, |
| | "electronic means" means a service that is sent initially and received at its destination by means of electronic equipment for the processing (including digital compression) and storage of data, and is entirely transmitted, conveyed and received by wire, by radio, by optical means or by other electromagnetic means, |
| | "public" means the public generally, any section of the public or individually selected members of the public, |
| | "purpose" includes one of a number of purposes, |
| | "tobacco advertisement" means an advertisement— |
| (a) | whose purpose is to promote a tobacco product, or |
| (b) | whose effect is to do so, |
| | "tobacco product" means a product consisting wholly or partly of tobacco and intended to be smoked, sniffed, sucked or chewed. |
| (2) | In this Act, references to publishing include any means of publishing and include, in particular, publishing by any electronic means, and references to distributing include any means of distributing and include, in particular, distributing by any electronic means, and distributing includes transmitting in electronic form, participating in doing so, and providing the means of transmission." |
| 2 | Insert the following new Clause— |
| | "Developments with regard to tobacco products |
| (1) | The Secretary of State may by order amend any provision of this Act if he considers it appropriate to do so in consequence of any significant scientific developments relating to tobacco products. |
| (2) | Before making an order under this section, the Secretary of State shall publish his proposals and consult such persons or bodies as appear to him to be appropriate." |
| 3* | Insert the following new Clause— |
| | "Developments with regard to tobacco products (No. 2) |
| (1) | The Secretary of State may by order amend any provision of this Act if he considers it appropriate to do so in consequence of any developments in scientific knowledge relating to existing or new tobacco products. |
| (2) | An order under subsection (1) shall not be made until a draft has been laid before both Houses of Parliament and approved by a resolution of each House." |
| 4 | Page 1, line 15, leave out subsection (3) |
| 5 | Page 1, line 19, leave out "means of a website which" and insert "electronic means which is received or" |
| 6 | Page 2, line 17, leave out "particular" |
| | THE LORD PALMER
THE LORD LUKE |
| 7 | 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," |
| 8 | Page 2, line 21, leave out "internet version of such a publication" and insert "version of such a publication distributed by electronic means" |
| 9 | Page 2, line 24, leave out "or on a website" |
| 10 | Page 2, line 27, leave out "may" and insert "shall" |
| 11 | Page 2, line 28, at end insert "and include as a "place" mail order catalogues and offers for sale which may be received or be accessed by any electronic means" |
| 12 | Page 2, line 30, leave out from beginning to "an" and insert "A person does not commit" |
| 13 | Page 2, line 32, leave out "to prove that" and insert "if" |
| 14 | Page 2, line 34, leave out from beginning to "such" and insert "A person does not commit" |
| 15 | Page 2, line 35, leave out "to prove that" and insert "if" |
| 16 | Page 2, line 38, leave out from beginning to "an" and insert "A person does not commit" |
| 17 | Page 2, line 39, leave out "to prove that" and insert "if" |
| 18 | Page 2, line 41, leave out from beginning to "an" and insert "A person does not commit" |
| 19 | Page 2, line 41, at end insert "printing," |
| 20 | Page 2, line 42, leave out "otherwise than as mentioned in section 2(3)" and insert "other than by electronic means" |
| 21 | Page 2, line 43, leave out "to prove that" and insert "if" |
| 22 | Page 2, line 44, after "he" insert "printed," |
| 23 | Page 2, line 45, at end insert ", and that he took reasonable care having regard to the customs of the trade" |
| 24 | Page 3, line 1, leave out "as mentioned in section 2(3)" and insert "by electronic means" |
| 25 | Page 3, line 2, leave out from "2(3)," to "an" and insert "a person does not commit" |
| 26 | Page 3, line 3, leave out "to prove" and insert "if" |
| 27 | Page 3, line 4, leave out first "that" |
| 28 | Page 3, line 6, leave out "that," |
| 29* | Page 3, line 6, leave out "he was not able" and insert "it was not reasonably practicable for him" |
| 30 | Page 3, line 8, leave out "that" |
| 31 | 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 |
| 32 | 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." |
| 33 | 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" |
| 34 | Page 3, line 23, leave out from "things)" to end of line 25 and insert "on which premises more than 150 brands or brand variants of tobacco products are stocked and available for sale" |
| 35 | Page 3, line 41, leave out "or on a website" |
| 36 | Page 4, line 10, leave out paragraph (b) |
| 37 | Page 4, line 17, 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." |
| | THE LORD FAULKNER OF WORCESTER |
| 38* | Page 4, line 20, leave out subsection (3) and insert— |
| "(3) | No offence is committed under subsection (1) if— |
| (a) | the business referred to in subsection (1) is part of the tobacco trade, |
| (b) | the product or coupon is given away for the purposes of that trade, |
| (c) | each person to whom it is given— |
| (i) | is engaged in, or employed by, a business which is also part of the tobacco trade, and |
| (ii) | falls within subsection (3A), and |
| (d) | the product or coupon is given to each such person in his capacity as such a person. |
| (3A) | A person falls within this subsection if— |
| (a) | he is responsible for making decisions on behalf of the business referred to in subsection (3)(c)(i) about the purchase of tobacco products which are to be sold in the course of that business, |
| (b) | he occupies a position in the management structure of the business in question which is equivalent in seniority to, or of greater seniority than, that of any such person, or |
| (c) | he is the person who, or is a member of the board of directors or other body of persons (however described) which, is responsible for the conduct of the business in question." |
| 39 | Page 4, line 22, at end insert ", or |
| (b) | for the purposes of research into tobacco product development, provided that such research is undertaken within the code of conduct of the Market Research Society" |
| 40* | Page 4, line 22, at end insert— |
| (b) | as a gesture of hospitality at a private event" |
| 41 | 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—" |
| 42 | Page 4, line 25, leave out "if" and insert "where" |
| 43 | Page 4, line 26, leave out "that" and insert "if" |
| 44 | Page 4, line 28, leave out "if" and insert "where" |
| 45 | Page 4, line 29, leave out "that" and insert "if" |
| 46 | Page 5, line 8, 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 to persons engaged in the tobacco trade (even if they are also engaged in another trade)." |
| 47 | 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—" |
| 48 | Page 5, line 11, leave out "if" and insert "where" |
| 49 | Page 5, line 13, leave out first "that" and insert "if" |
| 50 | Page 5, line 15, leave out "if" and insert "where" |
| 51 | Page 5, line 17, leave out first "that" and insert "if" |
| 52 | 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" |
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