Health Bill [HL]—
Amendments to be debated in the House of Lordscontinued

House of Lords

back to previous amendments

 

Before Clause 10

 

BARONESS BARKER

 

BARONESS TONGE

70Insert the following new Clause—
  "Choice to top-up accommodation provided under NHS continuing health care
  Where it is the responsibility of the National Health Service to provide care and accommodation, or a direct payment to meet these responsibilities, under National Health Service continuing health care, the Secretary of State may direct that in cases where a person chooses to move into or remain in accommodation that is more expensive than the National Health Service has established is necessary to meet all their needs, that the person or a third party may make payments to top-up any extra hotel costs."
 

Clause 12

 

BARONESS BARKER

 

BARONESS TONGE

71Page 9, line 30, at end insert—
"(   )  The innovation prize shall not be paid for by monies deducted from existing research, training and education budgets."
 

EARL HOWE

 

BARONESS CUMBERLEGE

 The above-named Lords give notice of their intention to oppose the Question that Clause 12 stand part of the Bill.
 

Clause 13

 

EARL HOWE

 

BARONESS CUMBERLEGE

72Page 10, leave out lines 14 to 26
73Page 10, line 33, after "it" insert "necessary and"
74Page 10, line 38, at end insert—
"(   )  staff of the trust,"
 

BARONESS CUMBERLEGE

74A*Page 10, line 38, at end insert—
"(   )  the Care Quality Commission,"
 

EARL HOWE

 

BARONESS CUMBERLEGE

75Page 11, line 16, at end insert—
"(   )  The Secretary of State's power to direct a trust special administrator shall not apply in relation to those aspects of a trust special administrator's duties referred to in sections 65F(1), 65G, 65H (other than subsection (7)) and 65I."
76Page 11, line 23, leave out from beginning to end of line 24 on page 12
77Page 11, line 37, at end insert—
"(   )  staff of the trust,"
78Page 11, line 37, at end insert—
"(   )  the trustees,
(   )  the board of governors,"
 

BARONESS CUMBERLEGE

78E*Page 11, line 37, at end insert—
"(   )  the Care Quality Commission,"
 

EARL HOWE

 

BARONESS CUMBERLEGE

79Page 12, line 14, leave out "a National Health Service" and insert "an NHS"
80Page 12, line 34, after "facilities," insert—
"(   )  staff of the trust,"
 

BARONESS CUMBERLEGE

80A*Page 12, line 34, after "facilities" insert—
"(   )  the Care Quality Commission,"
 

EARL HOWE

 

BARONESS CUMBERLEGE

81Page 15, line 9, at end insert "with a report stating the reasons for the decision"
 

Clause 14

 

EARL HOWE

 

BARONESS CUMBERLEGE

 The above-named Lords give notice of their intention to oppose the Question that Clause 14 stand part of the Bill.
 

Clause 18

 

EARL HOWE

 Earl Howe gives notice of his intention to oppose the Question that Clause 18 stand part of the Bill.
 

Clause 19

 

EARL HOWE

82Page 23, line 16, leave out "requested"
83Page 23, line 22, leave out "requested"
84Page 23, leave out lines 41 to 43
 

BARONESS BARKER

 

BARONESS TONGE

85Page 24, leave out lines 1 to 15
 

EARL HOWE

 

BARONESS CUMBERLEGE

 The above-named Lords give notice of their intention to oppose the Question that Clause 19 stand part of the Bill.
 

After Clause 19

 

EARL HOWE

86Insert the following new Clause—
  "Purchase of tobacco on behalf of children
  After section 7(2) of the Children and Young Persons Act 1933 (c. 12) (sale of tobacco, etc, to persons under (eighteen)) insert—
"(2A)  A person commits an offence if he buys or attempts to buy tobacco on behalf of an individual aged under 18.
(2B)  Where a person is charged with an offence under subsection (2A) it is a defence that he had not reason to suspect that the individual was aged under 18.
(2C)  A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.""
 

Clause 20

 

LORD CRISP

 

BARONESS FINLAY OF LLANDAFF

 

BARONESS TONGE

 

LORD FAULKNER OF WORCESTER

87Page 25, line 3, leave out "may" and insert "shall"
 

LORD NASEBY

88Page 25, line 4, leave out "prohibiting or"
 

LORD CRISP

 

BARONESS FINLAY OF LLANDAFF

 

BARONESS TONGE

 

LORD FAULKNER OF WORCESTER

89Page 25, line 4, leave out "or imposing requirements in relation to"
 

EARL HOWE

90Page 25, line 5, after "machine" insert "to which persons under the age of 18 are likely to have access"
 

LORD CRISP

 

BARONESS FINLAY OF LLANDAFF

 

BARONESS TONGE

 

LORD FAULKNER OF WORCESTER

91Page 25, leave out lines 6 to 10
 

LORD CRISP

 

BARONESS FINLAY OF LLANDAFF

 

BARONESS TONGE

 

LORD WALTON OF DETCHANT

92Page 25, line 10, at end insert—
"(2A)  The regulations may impose—
(a)  exemptions under the requirements as to the location of any automatic machine for the sale of tobacco; and
(b)  exemptions upon the requirements in relation to the design, construction or operation of such a machine."
 

LORD CRISP

 

BARONESS FINLAY OF LLANDAFF

 

BARONESS TONGE

 

LORD FAULKNER OF WORCESTER

93Page 25, line 12, leave out "or requirement"
94Page 25, line 13, leave out "or requirement"
95Page 25, line 21, at end insert—
"(6A)  Before making any regulations under this section, the appropriate national authority shall consult such persons as are likely to be affected by those regulations.
96Page 25, line 43, leave out subsection (2)
 

EARL HOWE

 Earl Howe gives notice of his intention to oppose the Question that Clause 20 stand part of the Bill.
 

Clause 21

 

LORD CRISP

 

BARONESS FINLAY OF LLANDAFF

 

LORD FAULKNER OF WORCESTER

97Page 26, line 12, leave out "may" and insert "shall"
98Page 26, line 12, leave out "or imposing requirements in relation to"
99Page 26, leave out lines 15 to 19
 

LORD CRISP

 

BARONESS FINLAY OF LLANDAFF

100Page 26, line 19, at end insert—
"(2A)  The regulations may impose—
(a)  exemptions under the requirements as to the location of any automatic machine for the sale of tobacco; and
(b)  exemptions upon the requirements in relation to the design, construction or operation of such a machine."
101Page 26, line 21, leave out "or requirement"
102Page 26, line 22, leave out "or requirement"
103Page 26, line 30, at end insert—
"(6A)  Before making any regulations under this section, the Department shall consult such persons as are likely to be affected by those regulations."
 

EARL HOWE

 Earl Howe gives notice of his intention to oppose the Question that Clause 21 stand part of the Bill.
 

After Clause 22

 

BARONESS BARKER

 

BARONESS TONGE

104Insert the following new Clause—
  "Report on comprehensive strategy to reduce tobacco usage
(1)  The Secretary of State shall report to Parliament by 2010 on a comprehensive strategy to reduce tobacco usage.
(2)  The report shall contain an assessment of efforts to reduce the amount of smuggled tobacco sold in UK shops."
 

LORD PATEL

 

BARONESS O'CATHAIN

 

LORD WALTON OF DETCHANT

 

LORD FAULKNER OF WORCESTER

105Insert the following new Clause—
  "Plain packaging
(1)  The Secretary of State may make regulations imposing such requirements as he considers necessary prohibiting or restricting the sale or supply of tobacco products otherwise than in packages or packaging which comply with the regulations.
(2)  The regulations made by the Secretary of State under subsection (1) may impose such requirements as the Secretary of State considers necessary or expedient with respect to any one or more of the following particulars—
(a)  the colour of the packages or packaging;
(b)  the shape and material of the packages or packaging;
(c)  distinctive marks displayed on the packages or packaging;
(d)  trade marks or registered trade marks displayed on the packages or packaging;
(e)  the labelling in any respect of packages, packaging or tobacco products, or associated with packages, packaging or tobacco products;
(f)  the contents inside the packages or packaging, in addition to tobacco products; and
(g)  any other particulars as may be prescribed by the Secretary of State.
(3)  Regulations made under this section may provide that packages or packaging of any such description, or falling within any such class, as may be specified in the regulations shall not, except in such circumstances (if any) as may be so specified, be of any such colour or shape, or display any such mark or trade mark, or any other particulars as may be so specified.
(4)  No person shall, in the course of a business carried on by him, sell or supply, or have in his possession for the sale or supply any tobacco product, package, or packaging in such circumstances as to contravene any requirements imposed by regulations under this section which are applicable to that tobacco product, package, or packaging.
(5)  Any regulations made under this section may provide that any person who contravenes the regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding a level on the standard scale specified in regulations made by the Secretary of State.
(6)  Before making any regulations under this section, the Secretary of State shall consult such persons as are likely to him to be substantially affected by those regulations.
(7)  For the purposes of this Act—
 "trade mark" and "registered trade mark" shall have the same meaning as in section 1 of the Trade Marks Act 1994 (c. 26);
 "package" shall mean the packet, container, wrapping or other receptacle which contains or is to contain the tobacco products;
 "packaging" shall mean all products made of any material to be used for the containment, protection, handling, transporting, delivery, sale and presentation of the packages;
 "tobacco product" shall include cigarettes, cigars and any other product containing tobacco and intended for oral or nasal use and smoking mixtures intended as a substitute for tobacco, and the expression "cigarettes" includes cut tobacco rolled up in paper, tobacco leaf, or other material in such form as to be capable of immediate use for smoking and cigarette papers, tubes and filters.
(8)  Regulations made by the Secretary of State under this section—
(a)  may make different provision for different cases; and
(b)  may contain such incidental, supplemental, consequential and transitional provison as the Secretary of State thinks fit.
(9)  The powers of the Secretary of State under this subsection shall be exercisable by statutory instrument which shall be subject to annulment by a resolution of either House of Parliament."
 

BARONESS O'CATHAIN

 

LORD PATEL

 

LORD WALTON OF DETCHANT

 

LORD FAULKNER OF WORCESTER

106Insert the following new Clause—
  "Licensing of tobacco retailing
(1)  The Secretary of State may make such regulations as he considers necessary for licensing the sale of tobacco and cigarettes.
(2)  Before making any regulations under subsection (5), the Secretary of State shall consult such persons as are considered by him likely to be affected by those regualtions.
(3)  Regulations under subsection (1)—
(a)  may make different provision for different cases; and
(b)  may contain such incidental, supplemental, consequential and transitional provision as the Secretary of State thinks fit.
(4)  The power to make regulations under subsection (1) is exercisable by statutory instrument.
(5)  No regulations may be made under subsection (1) unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament."
 

BARONESS NORTHOVER

 

LORD FAULKNER OF WORCESTER

 

EARL OF LISTOWEL

107Insert the following new Clause—
  "Reporting of promotional activities
  The Secretary of State may by regulation require manufacturers to disclose the particulars of their tobacco product-related promotional activities."
 

LORD PATEL

 

LORD REA

 

EARL OF LISTOWEL

107AInsert the following new Clause—
  "Comprehensive strategy
  The Secretary of State will publish a comprehensive ten year tobacco control strategy before 21 July 2009 which will also—
(a)  establish a national evalution programme to test and refine the strategy against new evidence; and
(b)  set targets for reducing smoking prevalence, exposure to secondhand smoke and tobacco smuggling over the next decade."

 
back to previous pagecontinue to next page
 
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

©Parliamentary copyright 2009
26 February 2009