House of Lords portcullis
House of Lords

Publications on the internet
Other Public Bills before Parliament
Amendments to the Health Bill

Health Bill


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE

      The amendments have been marshalled in accordance with the Instruction of 14th March 2006, as follows—

Clauses 1 to 9
Schedule 1
Clause 10
Schedule 2
Clauses 11 to 55
Schedule 3
Clause 56
Schedule 4
Clause 57
Schedule 5
Clauses 58 and 59
Schedule 6
Clauses 60 to 68
Schedule 7
Clauses 69 to 79
Schedules 8 and 9
Clauses 80 to 83

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 1

 

THE LORD STODDART OF SWINDON
THE LORD NASEBY

1Page 1, line 8, at end insert—
"(   )  This Chapter does not apply to any premises or places that are being used solely as a private dwelling, nor to any vehicle which is being used solely for private purposes."
 

THE EARL HOWE

2Page 2, line 2, leave out "any other substance" and insert "such other substances as may be prescribed in regulations"
3Page 2, line 4, leave out "any" and insert "such"
4Page 2, line 5, after "substance" insert "as may be prescribed"
 

THE LORD NASEBY
THE LORD PENDRY
THE LORD SKIDELSKY
THE LORD STODDART OF SWINDON

 The above-named Lords give notice of their intention to oppose the Question that Clause 1 stand part of the Bill.
 

Clause 2

 

THE LORD STEEL OF AIKWOOD

5Page 2, line 10, at beginning insert "Except as provided in section (Premises serving food),"
 

THE LORD NASEBY
THE LORD STODDART OF SWINDON
THE LORD SKIDELSKY

6Page 2, line 14, leave out from "person" to ", or" in line 15 and insert "at one and the same time"
 

THE EARL HOWE

7Page 2, line 25, leave out subsection (5)
 

THE LORD NASEBY
THE LORD STODDART OF SWINDON
THE LORD SKIDELSKY

8Page 2, line 25, leave out subsection (5) and insert—
"(5)  For the purposes of this Chapter—
(a)  premises are enclosed if they have a ceiling or roof and, except for doors, windows and passageways, are fully enclosed permanently or temporarily;
(b)  premises are substantially enclosed if they have a ceiling or roof and the opening (or aggregate of openings, if there is more than one opening) in the walls is less than thirty per cent of the area of the walls, including any other structures serving the purpose of walls and the opening or openings, which constitute the perimeter of the premises.
(5A)  The appropriate national authority may make regulations modifying the meaning of enclosed and substantially enclosed in subsection (5)."
 

THE LORD NASEBY
THE LORD PENDRY
THE LORD SKIDELSKY
THE LORD STODDART OF SWINDON

 The above-named Lords give notice of their intention to oppose the Question that Clause 2 stand part of the Bill.
 

After Clause 2

 

THE EARL HOWE

9Insert the following new Clause—
  "Definitions of "enclosed" and "substantially enclosed"
(1)  For the purposes of section 2—
 "enclosed" means having a ceiling or roof and, except for doors, windows and passageways, being wholly enclosed, whether permanently or temporarily;
 "substantially enclosed" means having a ceiling or roof, and, except for doors, windows and passageways, being substantially enclosed, whether permanently or temporarily.
(2)  In determining whether premises are "substantially enclosed", no account is to be taken of openings in which there are doors, windows or other fittings that can be opened or shut.
(3)  Premises shall be taken to be "substantially enclosed" if—
(a)  the opening in the premises has an area, or
(b)  if there is more than one, both or all of those openings have an aggregate area,
 which is less than half of the area of the walls, including any other structures serving the purpose of walls, which constitute the perimeter of the premises.
(4)  Where an opening is in, or consists of the absence of, such walls or other structures, or a part of them, their area shall be measured for the purposes of subsection (3) as if it included the area of the opening."
 

THE LORD STEEL OF AIKWOOD

10Insert the following new Clause—
  "Premises serving food
  Premises serving food shall not be smoke-free provided that—
(a)  they have clearly signed and physically separate smoking and no-smoking areas;
(b)  any smoking areas have adequate ventilation; and
(c)  no employee is required to work in any smoking area."
 

Clause 3

 

THE LORD NASEBY
THE LORD STODDART OF SWINDON
THE LORD SKIDELSKY

11Page 2, line 36, leave out subsection (2)
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

12Page 2, line 38, leave out "(including" and insert ", but not including"
 

THE EARL HOWE

13Page 2, line 38, after "homes," insert "hospitals,"
 

THE LORD NASEBY
THE LORD STODDART OF SWINDON
THE LORD SKIDELSKY

14Page 2, line 39, at end insert "or places where pipe smoking is part of an established ethnic or religious culture"
 

THE EARL HOWE

15Page 2, line 39, at end insert—
    "(   )  premises of specialist tobacconists, as defined in section 6 of the Tobacco Advertising and Promotion Act 2002 (c. 36)."
16Page 2, line 39, at end insert—
"(   )  Regulations under subsection (1) may provide that where premises are being used as a place of work and a part of such premises is being used for the purpose of conducting—
(a)  clinical or scientific research involving smoking and approved by a research ethics committee; or
(b)  research involving smoking for the purpose of the testing or evaluation of a product containing tobacco by or on behalf of a manufacturer of such a product,
 the part of the premises in question shall not be treated as smoke-free during and for the purpose of such research subject to prescribed conditions."
17Page 2, line 39, at end insert—
"(   )  Regulations under subsection (1) may provide that where—
(a)  a place is being used for the purpose of performing a work of performance-art (including in particular a drama, opera, ballet, dance or show) to an audience or of rehearsing such a performance; or
(b)  a place is being used as a studio or set for the purpose of recording (whether cinematically or by video) or rehearsing such a performance; and
(c)  the artistic integrity of the work being performed or rehearsed would be vitiated or significantly impaired if any person performing or rehearsing the work were otherwise prevented from smoking by reason of section 2;
 the place in question shall not be treated as smoke-free during and for the purpose of such a performance or rehearsal."
 

THE LORD NASEBY
THE LORD STODDART OF SWINDON
THE LORD SKIDELSKY

18Page 2, line 40, leave out subsection (3)
19Page 3, line 4, leave out paragraph (b)
 

THE LORD FAULKNER OF WORCESTER

20Page 3, line 5, at end insert—
"(   )  premises which are royal palaces, including premises occupied by the House of Lords and the House of Commons"
 

THE EARL HOWE

21Page 3, line 6, leave out subsection (4)
 

THE LORD NASEBY
THE LORD STODDART OF SWINDON
THE LORD SKIDELSKY
THE BARONESS GOLDING

22Leave out Clause 3 and insert the following new Clause—
  "Exemptions
(1)  The appropriate national authority may make regulations providing for specified descriptions of premises, or specified areas of them, not to be smoke-free despite section 2.
(2)  Examples of descriptions of premises which may be specified are the following, or any subset of the following—
(a)  premises where a person has his home, or is living whether permanently or temporarily (including hotels, care homes and prisons and other places where a person may be detained),
(b)  licensed premises,
(c)  premises in respect of which a club premises certificate is in force.
(3)  The regulations may provide that premises or areas of premises are not smoke-free in specified circumstances, if specified conditions are satisfied, or at specified times (or any combination of those).
(4)  The conditions may include—
(a)  in the case of licensed premises, conditions about what else (apart from alcohol) is or is not sold, offered for consumption or consumed there,
(b)  in the case of any premises, conditions requiring the designation in accordance with the regulations, by the person in charge of the premises, of any rooms in which smoking is to be permitted.
(5)  In this section—
 "club premises certificate" has the meaning given by section 60 of the Licensing Act 2003 (c. 17) (club premises certificate),
 "licensed premises" means premises in respect of which there is in force a premises licence under the Licensing Act 2003 authorising the consumption of alcohol on the premises."
 

THE LORD NASEBY
THE LORD PENDRY
THE LORD SKIDELSKY
THE LORD STODDART OF SWINDON

 The above-named Lords give notice of their intention to oppose the Question that Clause 3 stand part of the Bill.
 

Clause 4

 

THE EARL HOWE

23Page 3, line 22, after second "place" insert "(other than a place being used solely as a private dwelling)"
 

THE LORD NASEBY
THE LORD STODDART OF SWINDON
THE LORD SKIDELSKY

24Page 3, line 28, leave out second "to" and insert "unavoidably and not intermittently to significant quantities of"
 

THE EARL HOWE

25Page 3, line 28, after second "to" insert "a risk of significant harm from"
 

THE LORD NASEBY
THE LORD STODDART OF SWINDON
THE LORD SKIDELSKY
THE EARL HOWE

 The above-named Lords give notice of their intention to oppose the Question that Clause 4 stand part of the Bill.
 

Clause 5

 

THE LORD NASEBY
THE LORD STODDART OF SWINDON
THE LORD SKIDELSKY

26Page 3, line 35, at end insert—
"(   )  The power to make regulations under subsection (1) is not exercisable so as to specify any description of vehicle that—
(a)  is not used or is not being used for business purposes;
(b)  is hired for private use; or
(c)  is used for business purposes by only one person at any one time."
 

THE EARL HOWE

27Page 3, line 38, after "vehicles" insert "(other than vehicles being used solely for private purposes)"
28Page 3, line 44, at end insert—
"(   )  Subject to prescribed conditions, regulations under subsection (1) may provide that where a vehicle is being used by no more than one person at a time, even if it is a place of work, it is not smoke-free."
29Page 4, line 33, after "including" insert "in particular"
30Page 4, line 33, after "train," insert "car, bus, coach,"
31Page 4, line 33, leave out "vessel,"
32Page 4, line 34, leave out "aircraft"
 

THE EARL HOWE
THE LORD NASEBY
THE LORD PENDRY
THE LORD SKIDELSKY

 The above-named Lords give notice of their intention to oppose the Question that Clause 5 stand part of the Bill.
 

Clause 6

 

THE EARL HOWE

33Page 4, line 45, leave out "or descriptions of person" and insert "specified or persons of a description"
34Page 5, line 24, leave out from "exceeding" to end of line 25 and insert "level 2 on the standard scale"
 

THE EARL HOWE
THE LORD NASEBY
THE LORD STODDART OF SWINDON
THE LORD SKIDELSKY

 The above-named Lords give notice of their intention to oppose the Question that Clause 6 stand part of the Bill.

 
continue to next page
 
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

©Parliamentary copyright 2006
19 April 2006