A Bill to make provision about the supply of tobacco, vapes and other products, including provision prohibiting the sale of tobacco to people born on or after 1 January 2009 and provision about the licensing of retail sales and the registration of retailers; to enable product and information requirements to be imposed in connection with tobacco, vapes and other products; to control the advertising and promotion of tobacco, vapes and other products; and to make provision about smoke-free places, vape-free places and heated tobacco-free places.
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Page 1
Part 1
Sale and distribution: England and Wales
Sale of tobacco etc
Source Bill 121 EN 2024-25
57. Clause 1 introduces a new age of sale restriction for tobacco products, herbal smoking products and cigarette papers. This clause makes it an offence for retailers to sell, defined as sell by retail as outlined in clause 48 (Interpretation of Part 1), tobacco products, herbal smoking products or cigarette papers to anyone who is born on or after 1 January 2009. This replaces the current age of sale restriction set out in the Children and Young Persons Act 1933 (the 1933 Act), as amended by The Children and Young Persons (Sale of Tobacco etc) Order 2007 which made it an offence to sell tobacco, herbal smoking products or cigarette papers to someone who is under the age of 18 in England and Wales. Tobacco products, herbal smoking products and cigarette papers were in scope of the 1933 Act and are also in scope of the new age of sale restrictions in this Bill.
58. Clause 48 (Interpretation of Part 1) sets out the scope of the age of sale restrictions by setting out the definition of tobacco products: "tobacco product" means a product consisting, wholly or partly of tobacco and intended to be smoked, sniffed, sucked, chewed or consumed in any other way. The intention is to include any type of tobacco product that might be produced for consumer use, regardless of how that product is consumed. Products that are currently available on the UK market are all considered to be captured by this definition. The additional wording 'consumed in any other way' is intended to cover emerging products with novel forms of usage.
59. Cigarette papers include anything intended to be used to encase tobacco products or herbal smoking products to enable them to be smoked. These therefore include products such as cigarette tubes.
60. In the 1933 Act, herbal smoking products are understood to be a type of tobacco product as it is set out that the expression "tobacco" includes smoking mixtures intended as a substitute for tobacco (section 7(5)). This Bill provides an altered definition of tobacco products which does not include herbal smoking. Herbal smoking products are understood as a product consisting wholly or partly of vegetable matter and intended to be smoked but not containing tobacco. Herbal smoking products are captured by this Bill, but they are defined and listed separately in this legislation.
61. The intention is to capture any products that contain tobacco and are used as consumer products as well as other herbal products that are smoked, due to the harmful nature of smoking. Whilst herbal smoking products do not contain nicotine or tobacco, they do contain cancer causing chemicals, tar and carbon monoxide, similar to a tobacco cigarette. Cigarette papers have also been included in the new age of sale restrictions as they are burnt with the tobacco.
62. The age of sale restriction does not apply to sales in the course of a business so would not prevent someone born on or after 1 January 2009 from being employed in a tobacco retail business or wholesaler. See the definition in clause 48 (Interpretation of Part 1) of 'sell' as sell by retail.
63. The age of sale restriction does not make it an offence for someone born on or after 1 January 2009 to possess or use tobacco products, herbal smoking products or cigarette papers.
64. An individual who is convicted of an offence under this provision may receive a fine of up to £2,500 (level 4 on the standard scale).
65. The clause provides that it is a defence for someone who is charged with the age of sale offence to prove they were shown what appeared to be an identity document belonging to the purchaser and that the date of birth shown on that document was before 1 January 2009, or that they otherwise took all reasonable steps to avoid committing the offence. The clause defines "identity document" as a passport, a UK driving licence, a driving licence issued by any of the Channel Islands or the Isle of man, a European Union photocard driving licence, or an identity card issued by the Proof of Age Standard Scheme and bearing its hologram.
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Source Bill 121 EN 2024-25
66. Clause 2 makes it an offence for any adult aged 18 or over to buy, or attempt to buy, tobacco products, cigarette papers or herbal smoking products on behalf of anyone who is born on or after 1 January 2009, commonly referred to as 'proxy purchasing'. This is to ensure alignment with the new age of sale restriction in clause 1 (Sale of tobacco etc.). This clause replaces the current offence under section 91 of the Children and Families Act 2014 for someone aged 18 or over to buy, or attempt to buy, tobacco products or cigarette papers on behalf of someone who is under 18 in England and Wales.
67. The clause avoids the criminalisation of children by specifying that the offence is committed by an individual aged 18 or over.
68. An individual who is convicted of an offence under this provision may receive a fine of up to £2,500 (level 4 on the standard scale).
69. It is a defence if a person charged with this offence can prove they had no reason to suspect that the other person was born on or after 1 January 2009 or they can prove that they had no reason to believe that the other person intended to use the cigarette papers for smoking.
Source Bill 121 EN 2024-25
70. Clause 3 sets out that it is an offence if a person manages or controls a premises where a tobacco vending machine ("an automatic machine from which tobacco products, herbal smoking products or cigarette papers may be bought") is available for use on the premises. This clause re-enacts and consolidates the existing provisions in the Children and Young Persons (Protection from Tobacco) Act 1991, which introduced a regulation making power to prohibit the sale of tobacco from an automatic machine in England and Wales. This has been updated to also include cigarette papers to align with the products in scope of the age of sale provision.
71. An individual who is convicted of an offence under this provision may receive a fine of up to £2,500 (level 4 on the standard scale).
Source Bill 121 EN 2024-25
72. Clause 4 sets out the prohibition against selling cigarettes when they are not in their original packaging. Tobacco retailers must sell cigarettes in the packaging that they are supplied to the retailer in (defined as original packaging) and not doing so is an offence. This re-enacts the offence under section 3 of the Children and Young Persons (Protection from Tobacco) Act 1991.
73. Anyone who is convicted of an offence under this provision may receive a fine up to £1,000 (level 3 on the standard scale).
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Source Bill 121 EN 2024-25
74. The clause requires a tobacco retailer (a person who carries on a business involving the sale of tobacco by retail) to display an age of sale notice in a prominent position that says, ". It is illegal to sell tobacco products to anyone born on or after 1 January 2009". A premises means any place including a vehicle or moveable structure, for instance, this would include stalls at car boot sales.
75. The penalty for failure to display a notice is a fine of up to £1,000 (level 3 on the standard scale).
76. Clause 5(4) provides a regulation making power for the Secretary of State to stipulate requirements for the size or appearance of the statement to be displayed on the notice or any other aspect of the notice, such as the colour of the notice. Requirements for the notice will be set in regulations before 1 January 2027. This is a re-enactment with modifications of the regulation making power under section 4 of the Children and Young Persons (Protection from Tobacco) Act 1991 (the 1991 Act). Under section 4 of the 1991 Act it is a requirement for any retailer selling tobacco products to display a notice that says, ". It is illegal to sell tobacco products to anyone under the age of 18". The Protection from Tobacco (Display of Warning Statements) Regulations 1992 were made using the powers in section 4.
Source Bill 121 EN 2024-25
77. Clause 6 makes the same provision for retailers in Wales selling tobacco products as clause 5 (Age of sale notice at point of sale: England) does for England. The clause requires a tobacco retailer in Wales to display notices stating the new age of sale requirements. This clause applies to Wales only.
78. The clause requires a tobacco retailer in Wales to display an age of sale notice in a prominent position with the text in both English and Welsh. ". It is illegal to sell tobacco products to anyone born on or after 1 January 2009" and ". Mae'n anghyfreithlon gwerthu cynhyrchion tybaco i unrhyw un a anwyd ar neu ar ôl 1 Ionawr 2009". The new sign must be displayed from 1 January 2027.
79. The penalty for failure to display a notice is a fine of up to £1,000 (level 3 on the standard scale).
80. Clause 6(4) provides a regulation making power for the Welsh Ministers to stipulate requirements for the size or appearance of the statement to be displayed on the notice or any other aspect of the notice, one example could be the colour of the notice. Requirements for the notice will be set in regulations before 1 January 2027. This is a re-enactment with modifications of the regulation making power under Section 4 of the Children and Young Persons (Protection from Tobacco) Act 1991 (the 1991 Act). Under section 4 of the 1991 Act it is a requirement for any retailer in Wales selling tobacco products to display a notice that says, ". It is illegal to sell tobacco products to anyone under the age of 18". The Protection from Tobacco (Display of Warning Statements) Regulations 1992 were made using the powers in section 4.
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Snus etc
Source Bill 121 EN 2024-25
81. Clause 7 makes it an offence to manufacture a tobacco product that is intended for oral use, is not intended to be inhaled or chewed and consists wholly or partly of tobacco in powder or particulate form.
82. This is a re-enactment of the prohibition on the production and supply of oral tobacco intended for consumption within the UK or through the travel retail sector in Regulation 17 of The Tobacco and Related Products Regulations 2016. The Bill extends these restrictions to include a ban on snus intended for export which simplifies enforcement and reduces the possibility of such harmful products being available within the UK.
83. An individual who is convicted of an offence under this provision may receive a fine or may be imprisoned for a term not exceeding 2 years, or both.
Source Bill 121 EN 2024-25
84. Clause 8 makes it an offence to sell a tobacco product that is intended for oral use, is not intended to be inhaled or chewed and consists wholly or partly of tobacco in powder or particulate form.
85. This is a re-enactment of the prohibition on the production and supply of oral tobacco intended for consumption within the UK or through the travel retail sector in Regulation 17 of The Tobacco and Related Products Regulations 2016. The Bill extends these restrictions to include a ban on snus intended for export which simplifies enforcement and reduces the possibility of such harmful products being available within the UK.
86. It is a defence for a person charged with an offence under this provision to prove that they took all reasonable steps to avoid committing the offence.
87. An individual who is convicted of an offence under this provision may receive a fine or may be imprisoned for a term not exceeding 2 years, or both.
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Source Bill 121 EN 2024-25
88. Clause 9 makes it an offence for a person to have a tobacco product that is intended for oral use, is not intended to be inhaled or chewed and consists wholly or partly of tobacco in powder or particulate form in their possession with intent to supply it in a course of business.
89. It will not be an offence to possess relevant oral tobacco products for personal use or to give as a personal gift.
90. An individual who is convicted of an offence under this provision may receive a fine or may be imprisoned for a term not exceeding 2 years, or both.
Sale of vaping and nicotine products etc
Source Bill 121 EN 2024-25
94. Clause 10 makes it an offence to sell a vaping or nicotine product to someone under the age of 18. This replaces the existing age of sale restriction for nicotine inhaling products (nicotine vapes) as set out in The Nicotine Inhaling Products (Age of Sale and Proxy Purchasing) Regulations 2015 which made it an offence to sell a nicotine vape to children under the age of 18. Currently there are no age of sale restrictions for other consumer nicotine products.
95. A vaping product is defined in clause 48 (Interpretation of Part 1) as a vape or vaping substance. This is a change from the existing age of sale provision which currently only includes nicotine vapes. This has been changed to ensure a consistent approach across all types of vape, and to ensure that the bill gives us the powers to regulate e-liquids and refills along with the vape device itself. This change will come into force six months after the Bill is passed.
96. A nicotine product is defined in clause 49 (Meaning of "nicotine product") and is self-explanatory.
97. An individual who is convicted of an offence under this provision may receive a fine of up to £2,500 (level 4 on the standard scale).
98. Clause 10 provides that it is a defence for someone who is charged with the offence to prove they were shown what appeared to be an identity document belonging to the purchaser and it confirmed that the customer was 18 or over, or that they otherwise took all reasonable steps to avoid the commission of the offence. This clause defines "identity document" as a passport, a UK driving licence, a driving licence issued by any of the Channel Islands or the Isle of Man, a European Union photocard driving licence or an identity card issued by the Proof of Age Standard Scheme and bearing its hologram (a PASS card).
Source Bill 121 EN 2024-25
99. Clause 11 makes it an offence for a person aged 18 or over to buy, or attempt to buy, a vaping product or a nicotine product on behalf of someone who is under the age of 18, also known as proxy purchasing. This clause replaces section 91 of the Children and Families Act 2014 (the 2014 act), which made it an offence for someone over 18 to buy, or attempt to buy, a nicotine inhaling product (nicotine vape) on behalf of someone who is under the age of 18.
100. The 2014 Act currently only applies to nicotine vapes, and the new restriction will apply to all vapes. This clause also extends the restriction to include nicotine products as currently there are no restrictions on the proxy purchasing of nicotine products. This change will come into force six months after the Bill is passed.
101. Anyone convicted of an offence under this provision may receive a fine of up to £2,500 (level 4 on the standard scale). It is a defence for a person charged with an offence to prove that they had no reason to suspect that the other person was under the age of 18.
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Source Bill 121 EN 2024-25
102. Clause 12 makes it an offence for a person who manages or controls a premises to have a vape or nicotine product vending machine ("an automatic machine from which vaping/nicotine products may be bought") available for use on the premises. The offence will come into force six months after the Bill achieves Royal Assent, this is so that premises that currently contain a vape or nicotine product vending machine will have time to remove or stock the machine with alternative products.
103. This clause introduces a new offence as there are currently no restrictions on the use of vape vending machines or nicotine product vending machines, unlike tobacco vending machines, which were banned by regulations made under the Children and Young Persons (Protection from Tobacco) Act 1991.
104. A person convicted of the offence may receive a fine of up to £2,500 (level 4 on the standard scale).
Displays of products or prices
Source Bill 121 EN 2024-25
105. Clause 13 provides the Secretary of State with powers to regulate the display of tobacco products, herbal smoking products, cigarette papers, vaping products and nicotine products and their prices, as well as the display of empty retail packaging or anything that represents the products, in retailers in England.
106. Under the Tobacco Advertising and Promotion Act 2002 and regulations made under that Act there are already restrictions on the display in the course of business of tobacco products and prices. However, there are no restrictions under current legislation on where vaping products and nicotine products, as well as their prices, can be displayed in retail premises. This Bill provides for new regulations for the display of tobacco products to be developed. These will replace the existing regulations and the scope of these regulations may extend to other products.
107. Subsection (6) confirms that before making regulations under this clause the Secretary of State must consult.
108. Clause 13 also facilitates the creation of offences for the failure to comply with the regulations and anyone convicted of an offence under this clause could be subject to imprisonment for a term not exceeding 2 years, a fine, or both.
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Source Bill 121 EN 2024-25
109. Clause 14 provides the Welsh Ministers with powers to regulate the display of tobacco products, herbal smoking products, cigarette papers, vaping products and nicotine products and their prices, as well as the display of empty retail packaging, in retailers in Wales. Similarly, to England, there are already restrictions on displays in the course of business of tobacco products in Wales under the Tobacco Advertising and Promotion Act 2002 and regulations made under it. The existing regulations will be replaced at the same time as the Tobacco Advertising and Promotion Act 2002 is repealed.
110. Subsection (6) of this clause confirms that before making regulations under this clause Welsh Ministers must consult.
111. The power under clause 14 sets out that the regulations may provide for the creation of offences for the failure to comply with the regulations and anyone convicted of an offence could be subject to imprisonment for a term not exceeding 2 years, a fine, or both.
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Free distribution and discounts
Source Bill 121 EN 2024-25
112. Clause 15 makes it an offence to give away, any product or a coupon (defined as anything (whether in physical or electronic form), which can be redeemed for a product or service or for cash or any other benefit) to a member of the public where the purpose or effect is to promote a relevant product.
113. It is currently prohibited under section 9 of the Tobacco Advertising and Promotion Act 2002 (TAPA) to give away (in the course of a business) any product or coupon where the purpose or effect of which is to promote a tobacco product. This clause replaces section 9 of TAPA and extends the scope as there are currently no restrictions on businesses freely distributing nicotine and non-nicotine vaping products, cigarette papers, and herbal smoking products.
114. This clause also makes it an offence to sell a relevant product or coupon at a substantial discount. There is a regulation making power in TAPA to extend the ban on free distribution of tobacco products to cover selling a product at a substantial discount. This has been re-enacted as a ban on the face of the Bill rather than a regulation making powers there is no intention to permit selling a product or coupon at a substantial discount to circumvent the restriction on free distribution.
115. This clause provides that there is a defence available where a person is charged with giving away a vaping product or nicotine product or coupon for such if they can prove it was done in accordance with arrangements made by a public authority. If this defence is satisfied, then they are not guilty of the offence. An example of this could be where a government body funds a smoking cessation programme that utilises vapes as a cessation tool and provides them for free.
116. Anyone convicted of an offence under this clause may be subject to imprisonment, a fine, or both.
Retail licensing: England
Source Bill 121 EN 2024-25
117. Clause 16 provides the Secretary of State with the power to make regulations regarding the granting of personal and premises licences.
118. This clause prohibits the sale, exposure for sale, or possession for the purpose of sale (by the individual or another person) of tobacco products, herbal smoking products, cigarette papers, vaping or nicotine products by an individual in England, except under the authority of and in accordance with a personal licence. The Secretary of State may, by regulations, create exceptions to this prohibition. This provision will come into force when regulations for the licensing scheme are laid.
119. This clause also prohibits a person from using or permitting the use of premises in England, to store for the purpose of their sale (by the person or another person), expose for sale, or supply tobacco products, herbal smoking products, cigarette papers, vaping, or nicotine products to retail customers except under the authority of and in accordance with a premises licence. The Secretary of State may, by regulations, create exceptions to this prohibition. This provision will come into force when regulations for the licensing scheme are laid.
120. Before exercising the power to make regulations under this clause, the Secretary of State must consult. Further detail on what the licensing scheme regulations in England may include are set out in schedule 1. Any regulations made under clause 16 are subject to the affirmative resolution procedure.
licence
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Source Bill 121 EN 2024-25
130. Clause 17 sets out that anyone who breaches the prohibitions set out in clause 16(1) and 16(2) commits an offence.
131. This clause also makes it an offence if a person provides false or misleading information to a licensing authority in, or in connection with, an application for the grant of a personal or premises licence; or in carrying out of any other obligation imposed by or under licensing regulations. It is only an offence if the information is false or misleading in a material respect, and the person knows, or ought to reasonably know this about the information.
132. A person convicted of an offence under clause 17(1) or 17(2) may receive a fine where there is no maximum amount. As an alternative to a criminal prosecution, local weights and measures authorities may issue a fixed penalty notice for these offences under the provisions in clause 37 (Fixed penalty notices).
133. Upon conviction of the offence under clause 17(1) (prohibition of retail sales of tobacco products etc in England without a licence as set out in clause 16(1) and (2)) a court may make an order as to what happens to the relevant products to which the offence(s) relate. This may include forfeiture and destruction of the relevant products.
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Source Bill 121 EN 2024-25
134. Clause 18 introduces financial penalties which may be imposed for the breach of conditions attached to a personal or premises licence in England, provided the breach is not a criminal offence under clause 17 (Offences in connection with licences: England). These financial penalties are civil penalties and can be issued by a local weights and measures authority.
135. This clause sets the maximum amount of the financial penalty at £2,500 and provides the Secretary of State with the power to change this maximum amount to account for inflation and so that the financial penalty amount remains proportionate. Any regulations made under clause 18 are subject to the negative resolution procedure as the scope of the power is narrow.
136. Further details on financial penalties for breach of licence conditions are set out in Schedule 2.
Retail licensing: Wales
Source Bill 121 EN 2024-25
143. Clause 19 provides Welsh Ministers with the power to make regulations regarding the granting of personal and premises licences.
144. This clause prohibits the sale, exposure for sale, or possession for the purpose of sale (by the individual or another person) of tobacco products, herbal smoking products, cigarette papers, vaping or nicotine products by an individual in Wales, except under the authority of and in accordance with a personal licence. Welsh Ministers may, by regulations, create exceptions to this prohibition. This provision will come into force when regulations for the licensing scheme are laid.
145. This clause also prohibits a person from using or permitting the use of premises in Wales, to store for the purpose of their sale (by the person or another person), expose for sale, or supply tobacco products, herbal smoking products, cigarette papers, vaping or nicotine products to retail customers except under the authority of and in accordance with a premises licence. Welsh Ministers may, by regulations, create exceptions to this prohibition. This provision will come into force when regulations for the licensing scheme are laid.
146. The licensing authority responsible for granting of personal and premises licences in Wales will be the relevant county or county borough council.
147. Before exercising the power to make regulations under this clause, Welsh Ministers must consult. Further detail on what the licensing scheme regulations in Wales may include are set out in Schedule 3. Any regulations made under clause 19 are subject to the affirmative resolution procedure.
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Source Bill 121 EN 2024-25
156. Clause 20 sets out that anyone who breaches the prohibitions set out in clause 19(1) and 19(2) commits and offence.
157. This clause also makes it an offence if a person provides false or misleading information to a licensing authority in, or in connection with, an application for the grant of a personal or premises licence; or in carrying out of any other obligation imposed by or under licensing regulations. It is only an offence if the information is false or misleading in a material respect, and the person knows, or ought to reasonably know this about the information.
158. A person convicted of an offence under clause 20(1) or 20(2) may receive a fine where there is no maximum amount. As an alternative to a criminal prosecution, Local Authority Trading Standards in Wales may issue a fixed penalty notice for these offences under the provisions in clause 37 (Fixed penalty notices).
159. Upon conviction of the offence under clause 20(1) (prohibition of retail sales of tobacco products etc in Wales without a licence as set out in clause 19(1) and (2)) a court may make an order as to what happens to the relevant products to which the offence(s) relate. This may include forfeiture and destruction of the relevant products.
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Source Bill 121 EN 2024-25
160. Clause 21 introduces financial penalties which may be imposed for the breach of conditions attached to a personal or premises licence in Wales, provided the breach is not a criminal offence under clause 19 (Offences in connection with licences: Wales). These financial penalties are civil penalties and can be issued by a local weights and measures authority.
161. This clause sets the maximum amount of the financial penalty at £2,500 and provides Welsh Ministers with the power to change this maximum amount to account for inflation and so that the financial penalty amount remains proportionate. Any regulations made under clause 21 are subject to the negative resolution procedure as the scope of the power is narrow.
162. Further details on financial penalties for breach of licence conditions in Wales are set out in Schedule 4.
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Source Bill 121 EN 2024-25
169. Clause 22 amends the Public Health (Wales) Act 2017 and is self-explanatory. The effect is to repeal existing provisions for a retailer register in Wales once licensing scheme provisions in this Bill come into force by order of the Welsh Ministers.
Restricted premises orders
Source Bill 121 EN 2024-25
170. Clause 23 provides that a ". persistent offender" who commits a relevant offence in relation to the premises on at least two other occasions within a two-year period can be punished by being prevented from selling one or more of the products altogether.
171. Relevant offences include those under clauses 1 (Sale of tobacco etc), 3 (Tobacco vending machines), 10 (Sale of vaping or nicotine products to under 18s) and 12 (Vaping and nicotine product vending machines) of this Bill, as well as the existing offences shown at subsection 8(b) of this clause up until the point they are repealed. This clause replaces, and is based on, section 12A of the Children and Young Persons Act 1933 where restricted premises orders were introduced for persistent breaches of the age of sale restrictions for tobacco and nicotine products.
172. A restricted premises order means that the retail business at the location where the offences took place is prohibited from selling one or more of the relevant products (tobacco products, herbal smoking products, cigarette papers, vaping products and nicotine products). The length of the order is determined by the court and may last up to a period of 12 months. This means that no sales of any of these products may take place from that business premises, but it does not affect other businesses within the same group or chain.
173. A restricted premises order is a local land charge, which means it would bind a buyer of the premises.
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Source Bill 121 EN 2024-25
174. Clause 24 sets out the criteria for which individuals ('interested persons' who occupy or have an interest in the premises, for instance the manager or owner) may make representations to the court to try to prevent a restricted premises order being issued against a retailer.
175. This clause is based on the approach outlined in section 12A of the Children and Young Persons Act 1933 for restricted premises orders for breaches of the tobacco legislation.
176. This clause provides when an enforcement authority has applied for a restricted premises order, they must make reasonable enquires and give notice to anyone appearing to them to be an interested person.
177. An interested person can make their case as to why they should not be issued with a restricted premises order, and they may apply to the court to alter or discharge the order.
Source Bill 121 EN 2024-25
178. Clause 25 provides the right to appeal to the Crown Court against an order made by a magistrates' court under clauses 23 (Restricted premises order) or 24 (Restricted premises orders: interested persons).
Source Bill 121 EN 2024-25
179. Clause 26 makes it an offence to breach a restricted premises order as defined in clause 23 (Restricted premises order). This clause is based on section 12C of the Children and Young Persons Act 1933 which introduced fines for a breach of a restricted premises order. A breach of a restricted premises order includes the sale of any product that is prohibited, and applies if someone knowingly, or should reasonably know, that the sale is prohibited. Someone who is charged with the offence may have a defence if they can prove they took all reasonable steps to avoid committing the offence. Anyone convicted of an offence under this provision may receive a fine where there is no maximum amount.
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180. Clause 27 provides the Welsh Ministers with the power to add to the list of ". relevant offences" (relating to the restrictions around relevant products) for which a restricted premises order can be issued, replacing an existing power for the Welsh Ministers power in section 51 of the Public Health (Wales) Act 2017 to specify a ". tobacco or nicotine offence".
181. Before making regulations under this clause the Welsh Ministers must consider who is likely to have an interest in the regulations and Ministers should consult those who they deem are necessary.
Restricted sale orders
Source Bill 121 EN 2024-25
182. Clause 28 provides that a persistent offender (who has committed a relevant offence on at least two other occasions within two years) can be prohibited from selling certain products (e.g. tobacco, herbal smoking, vaping or nicotine products as well as cigarette papers). Restricted sales orders can be imposed for persistent breaches of clauses 1 (Sale of tobacco), 3 (Tobacco vending machines), 10 (Sale of vaping products to under 18s) and 12 (Vaping and nicotine product vending machines) of this Bill, as well as the existing offences shown at subsection 5(b) of this clause up until the point they are repealed. This clause replaces and is based on section 12B of the Children and Young Persons Act 1933 where restricted sale orders were introduced for repeated breaches of the age of sale legislation for tobacco and nicotine products.
183. If a person convicted with a relevant offence is a persistent offender, the person who brought the proceedings for the offence can apply to the magistrates' court for a restricted sale order.
184. A restricted sale order prohibits a named person within a business from selling any tobacco products, herbal smoking products, cigarette papers, vaping products, or any relevant nicotine product or from having any management role in a premises relating to sales of those products including the keeping of any machine for relevant products. The order will apply to the named individual regardless of where they are employed. The length of the order is determined by the court and may last for a period of up to 12 months.
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185. Clause 29 provides the right to appeal to the Crown Court against an order made by a magistrates' court under clause 28 (Restricted sale orders).
Source Bill 121 EN 2024-25
186. Clause 30 makes it an offence to fail to comply with a restricted sale order. It is a defence for someone who is charged with the offence to prove they took all reasonable steps to avoid committing the offence and anyone convicted of an offence under this provision may receive a fine where there is no maximum amount.
Offences by bodies
Source Bill 121 EN 2024-25
187. Clause 31 makes a ". relevant person" (a director or manager of a company or someone with partner status in a partnership or a person exercising function of management in an unincorporated association) liable for an offence committed by a body where the offence has been committed with their consent, connivance, or neglect. In such cases the relevant person would be liable in addition to the body (such as the company or partnership) they are working for to have proceedings brough against them. This applies to offences under clause 26 (Breach of restricted premises order) or any other offence under Part 1 of the Bill or any regulations made under clauses 13 (Displays of products or prices in England) and 14 (Displays of products of prices in Wales).
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Enforcement functions
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188. Clause 32 places a duty on local authorities to enforce the provisions in Part 1 of the Bill and any regulations made under clauses 13 (Displays of products or prices in England) and 14 (Displays of products of prices in Wales). It provides that the investigatory powers available to an enforcement authority are those in Schedule 5 (Investigatory powers) of the Consumer Rights Act 2015 (the 2015 Act). Investigatory powers provided by Schedule 5 of the 2015 Act include the powers to purchase products, observe the activities of a business, enter premises with or without warrant, inspect products, test any weighing or measuring equipment, require the production of documents, seize and detain goods, seize documents required as evidence, break open a container and to require assistance from persons on the premises.
Source Bill 121 EN 2024-25
189. Clause 33 sets out a requirement for enforcement authorities in England to consider a so-called 'programme of enforcement' and the potential design of the programme on a yearly basis. This is a means of ensuring that a local authority in England considers whether they are enforcing offences effectively. The programme of enforcement itself is as described in the clause and is self-explanatory.
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190. Clause 34 sets out a requirement for enforcement authorities in Wales to consider a so--called 'programme of enforcement' and the potential design of the programme on a yearly basis. This is a means of ensuring that local authorities in Wales consider whether they are enforcing offences effectively. The programme of enforcement itself is as described in the clause and is self-explanatory.
Powers of ministers to take over enforcement
Source Bill 121 EN 2024-25
191. Clause 35 provides a power for the Secretary of State or the Welsh Ministers to carry out the enforcement as prescribed in clause 32 (Enforcement by local weights and measures authorities) instead of the local enforcement authority. The effect of this is that a national enforcement authority will undertake the investigation and enforcement, rather than the local enforcement authority. This could arise if a local enforcement authority is unable or unwilling to undertake enforcement of a certain case.
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192. Clause 36 provides a power for the Secretary of State to take over the legal proceedings relating to offences committed under Part 1 of the Bill or regulations made under clause 13 (Displays of products or prices in England). It also provides a power for the Welsh Ministers to take over the legal proceedings relating to any offence that has been committed under Part 1 of the Bill or regulations made under clause 14 (Displays of products or prices in Wales). This will allow a national authority to undertake the legal proceedings in court instead of a local enforcement authority. This could arise if a local enforcement authority is unable or unwilling to undertake the legal proceedings of a certain case.
Fixed penalties
Source Bill 121 EN 2024-25
193. Clause 37 introduces fixed penalty notices (FPNs) for the enforcement of the age of sale restrictions for tobacco products, herbal smoking products and cigarette papers (clause 1) and vaping and nicotine products (clause 10), proxy purchasing of tobacco etc. (clause 2) and vaping or nicotine products (clause 11), tobacco age of sale notice at point of sale regulations in England (clause 5) and Wales (clause 6), regulations relating to the display of products or prices in England (clause 13) and Wales (clause 14), the free distribution and discount of tobacco, vaping and nicotine products (clause 15), and any offences in connection with licensing in England (clause 17) and Wales (clause 20). Section 91 of the Children and Families Act 2014 introduced FPNs for the proxy purchasing of tobacco and vaping products; and this will be replaced by the FPN regime in the Bill.
194. An FPN offers the person the opportunity to avoid prosecution for the offence if they make a payment of the fine within a specified period. The amount of the fine will be level 4 on the standard scale (currently set at £2,500) for offences in connection with licensing in England (clause 17) and Wales (clause 20). For all other offences the fine will be £200. The amount specified is that if paid within 28 days and will be reduced by 50% if paid within 14 days.
195. No legal proceedings can be initiated before the end of the 2
Page 20
Page 21
Handing over tobacco etc to underage people in Wales
Consequential, transitional and transitory provision
Page 22
Page 23
Powers to adjust scope
Crown application
Page 24
Interpretation etc
Page 25
Part 2
Sale and distribution: Scotland
Sale of tobacco etc
Page 26
Page 27
Page 28
Snus etc
Page 29
Vaping and nicotine products
Page 30
Page 31
Displays of products or prices
Page 32
Page 33
Free distribution and discounts
Page 34
Alignment of definitions
Extension of retailer register etc
Miscellaneous
Page 35
Part 3
Sale and distribution: Northern Ireland
Sale of tobacco etc
Page 36
Page 37
Page 38
Snus etc
Page 39
Vaping and nicotine products
Page 40
Page 41
Displays of products or prices
Page 42
Free distribution and discounts
Page 43
Enforcement
Power to amend lists of identity documents
Page 44
Interpretation of 1978 Order
Page 45
Retailer register and licensing
Page 46
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT CALLED
To move the following Clause—
“Mandatory health warnings on cigarettes and cigarette rolling papers: consultation
(1) The Secretary of State must consult on draft regulations (see section 91 (features of products)) which would, if made, include a requirement on producers of tobacco products and cigarette papers to print health warnings on individual cigarettes and individual cigarette papers.
(2) In this section, “cigarette paper” and “tobacco product” have the same meaning as in section 112.”
Type: Backbencher
Signatures: 2
Mary Kelly Foy (Lab - City of Durham) - 07 Jan 2025Member's explanatory statement
This new clause commits the government to consult on regulations under clause 91 requiring the placing of specified health warnings on cigarettes and rolling papers by tobacco manufacturers and importers.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was WITHDRAWN
To move the following Clause—
“Tobacco products statutory scheme: consultation
(1) The Secretary of State must consult and report on the desirability of making a scheme with one or more of the following purposes—
(a) regulating, for the purposes of improving public health, the prices which may be charged by any producer or importer of tobacco products for the supply of any tobacco products,
(b) limiting the profits which may accrue to any producer or importer in connection with the manufacture or supply of tobacco products,
(c) providing for any producer or importer of tobacco products to pay to the Secretary of State an amount calculated by reference to sales or estimated sales of those products (whether on the basis of net prices, average selling prices or otherwise) to be used for the purposes of reducing smoking prevalence and improving public health.
(2) In this section—
“importer” , in relation to tobacco products, and “tobacco products” have the meaning as in Part 5 (see section 112),
“producer” , in relation to tobacco products, is to be construed in accordance with the meaning of “production” in Part 5 (see section 112).”
Type: Backbencher
Signatures: 2
Mary Kelly Foy (Lab - City of Durham) - 07 Jan 2025Member's explanatory statement
This new clause would require the Secretary of State for Health and Social Care to consult on proposals for regulating the prices and profits of, and to raise funds from, tobacco manufacturers and importers.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT CALLED
To move the following Clause—
“Age verification policy
(1) A person commits an offence if the person—
(a) carries on a tobacco, herbal smoking product, vaping product or nicotine product business, and
(b) fails to operate an age verification policy in respect of premises at which the person carries on the tobacco, herbal smoking product, vaping product or nicotine product business.
(2) Subsection (1) does not apply to premises (“the business premises”) from which—
(a) tobacco products, herbal smoking products, cigarette papers, vaping products or nicotine products are, in pursuance of a sale, despatched for delivery to different premises, and
(b) no other tobacco, herbal smoking product, vaping product or nicotine product business is carried on from the business premises.
(3) Before the specified date, an “age verification policy” is a policy that steps are to be taken to establish the age of a person attempting to buy a tobacco product, cigarette papers, a vaping product or a nicotine product on the premises (the “customer”) if it appears to the person selling the tobacco product, cigarette papers, vaping product or nicotine product that the customer may be under the age of 25 (or such older age as may be specified in the policy).
(4) After the specified date, an “age verification policy”—
(a) in relation to a tobacco business or herbal smoking product business, is a policy that steps are to be taken to establish the age of a person attempting to buy a tobacco product, cigarette papers, herbal smoking product or cigarette papers on the premises (the “customer”) if it appears to the person selling the tobacco product, cigarette papers, herbal smoking product or cigarette papers that the customer may have been born on or after 1 January 2009 (or such earlier date as may be specified in the policy);
(b) in relation to a vaping product business or nicotine product business, is a policy that steps are to be taken to establish the age of a person attempting to buy a vaping product, or a nicotine product, on the premises (the “customer”) if it appears to the person selling the product that the customer may be under the age of 25 (or such older age as may be specified in the policy).
(5) In relation to times before the end of 2033, the reference in subsection (4)(a) to the customer being born on or after 1 January 2009 (or such earlier date as may be specified in the policy) has effect as a reference to the customer being under the age of 25 (or such older age as may be specified in the policy).
(6) The appropriate national authority may by regulations amend the age specified in subsection (3) or (4)(b).
(7) The appropriate national authority may publish guidance on matters relating to age verification policies, including, in particular, guidance about—
(a) steps that should be taken to establish a customer's age,
(b) documents that may be shown to the person selling a tobacco product, cigarette papers, herbal smoking product, vaping product or nicotine product as evidence of a customer's age,
(c) training that should be undertaken by the person selling the tobacco product, cigarette papers, herbal smoking product, vaping product or nicotine product,
(d) the form and content of notices that should be displayed in the premises,
(e) the form and content of records that should be maintained in relation to an age verification policy.
(8) A person who carries on a tobacco, herbal smoking product, vaping product or nicotine product business must have regard to guidance published under subsection (7) when operating an age verification policy.
(9) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(10) Regulations under subsection (6) are subject to the affirmative resolution procedure.
(11) In this section— “the appropriate national authority” means—
(a) in relation to England, the Secretary of State, and
(b) in relation to Wales, the Welsh Ministers,
“herbal smoking product business” means a business involving the sale of herbal smoking products by retail,
“nicotine product business” means a business involving the sale of nicotine products by retail,
“the specified date” is 1 January 2027,
“tobacco business” means a business involving the sale of tobacco products by retail,
“tobacco, herbal smoking product or vaping product business” means a business which involves any one or more of the following—
(a) a tobacco business,
(b) a herbal smoking product business, or
(c) a vaping product business,
“vaping product business” means a business involving the sale of vaping products by retail.”
Type: Backbencher
Signatures: 2
Mary Kelly Foy (Lab - City of Durham) - 07 Jan 2025Member's explanatory statement
This new clause introduces a requirement on businesses to operate an age verification policy covering steps to be taken to establish the age of persons attempting to buy tobacco, herbal smoking, vaping/ nicotine products, or cigarette papers. It reflects provisions in place in Scotland to be amended by the Bill.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was WITHDRAWN
To move the following Clause—
“Ban on supply of cigarette filters
(1) The Secretary of State must make regulations under section 140 of the Environmental Protection Act 1990 having the effect of prohibiting the supply of relevant cigarette filters or cigarettes containing relevant cigarette filters, whether by way of sale or not, in the course of a business.
(2) The notice required under section 140(6)(b) of the Environmental Protection Act 1990 in relation to the regulations mentioned in subsection (1) must be published no later than the end of the period of 6 months beginning with the day on which this Act is passed.
(3) In this section,
“relevant cigarette filter” means a filter which contains plastic and which is intended for use in a cigarette, whether as part of a ready made cigarette or to be used with hand rolling tobacco or other substances to be smoked in a cigarette.”
Type: Backbencher
Signatures: 1
Jim Dickson (Lab - Dartford) - 07 Jan 2025Member's explanatory statement
This new clause requires the Secretary of State to make regulations which would prohibit the supply of cigarette filters which contain plastic or cigarettes containing cigarette filters which contain plastic. The regulations would be made under section 140 of the Environmental Protection Act 1990.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NEGATIVED ON DIVISION
To move the following Clause—
“Ban on manufacture and sales of high-strength nicotine pouches
(1) It is an offence to manufacture a high-strength nicotine pouch.
(2) It is an offence to—
(a) sell or expose for sale a high-strength nicotine pouch, or
(b) offer or expose a high-strength nicotine pouch for sale.
(3) It is an offence for a person to have a high-strength nicotine pouch in their possession with intent to supply it to another in the course of business.
(4) In this section “high-strength nicotine pouch” means a nicotine pouch that—
(a) is intended for oral use,
(b) is not intended to be inhaled,
(c) does not contain tobacco, and
(d) contains more than 20 milligrams of nicotine per pouch.
(5) It is a defence for a person charged with an offence under subsection (2) to prove that they took all reasonable steps to avoid the commission of the offence.
(6) A person who commits an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years, or a fine, or both.”
Type: Backbencher
Signatures: 1
Mary Glindon (Lab - Newcastle upon Tyne East and Wallsend) - 07 Jan 2025Member's explanatory statement
This new clause provides for a ban on the manufacture and sale of high-strength nicotine pouches.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NEGATIVED ON DIVISION
To move the following Clause—
“Consultation on licensing regulations
(1) Within two months of the passing of this Act, the Secretary of State must publish draft regulations for the licensing of retail sale of tobacco products etc in England.
(2) Following the publication of the draft regulation as set out in subsection (1) the Secretary of State must publish a call for evidence seeking views on the efficacy and suitability of the draft regulations and invite the House of Commons Business and Trade Committee to scrutinise the draft regulations.
(3) After six months of the passing of this Act, the Secretary of State must lay before both Houses of Parliament a report setting out the Government’s formal response to evidence submitted in response to the call for evidence required by subsection (2) and any recommendations of the Business and Trade Committee.
(4) The Secretary of State may not make an order under section 168(4) bringing Sections 16 to 18 and Schedules 1 and 2 into force until the report specified in subsection (3) has been laid before both Houses of Parliament.”
Type: Opposition
Signatures: 1
Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025Member's explanatory statement
See explanatory statement to Amendment 51.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NEGATIVED ON DIVISION
To move the following Clause—
“Consultation on registration and information requirements
(1) Within two months of the passage of this Act, the Secretary of State must publish draft regulations relating to registration and information requirements relating to tobacco products etc.
(2) Following the publication of the draft regulations as set out in subsection (1) the Secretary of State must publish a call for evidence seeking views on the efficacy and suitability of the draft regulations and invite the House of Commons Business and Trade Committee to scrutinise the draft regulations.
(3) After six months of the passing of this Act, the Secretary of State must lay before both Houses of Parliament a report setting out the Government’s formal response to evidence submitted in response to the call for evidence required by subsection (2) and any recommendations of the Business and Trade Committee.
(4) The Secretary of State may not make an order under sections 169(1A) bringing Sections 95 to 98 into force until the report specified in subsection (3) has been laid before both Houses of Parliament.”
Type: Opposition
Signatures: 1
Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025Member's explanatory statement
See explanatory statement to Amendment 53.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was WITHDRAWN
To move the following Clause—
“Reports on illegal sale of tobacco and vaping products
(1) The Secretary of State must—
(a) prepare reports on the scale of the illegal sale and availability of tobacco and vaping products in the United Kingdom; and
(b) lay a copy of each report before both Houses of Parliament.
(2) Each report must provide details in the United Kingdom of—
(a) the estimated amount and value of illegal, counterfeit and contraband cigarettes and other tobacco products available for sale;
(b) the estimated amount and value of illegal or non-compliant vapes available for sale;
(c) the action taken to tackle the illicit trade of tobacco, tobacco products, vaping devices and vaping products; and
(d) an assessment of the impact of the illicit trade of tobacco, vapes and nicotine products on public health and safety.
(3) The first report must be laid within the period of 12 months of the passing of this Act.
(4) Each subsequent report must be laid annually beginning with the day on which the previous report was laid.”
Type: Opposition
Signatures: 1
Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025Member's explanatory statement
This new clause would require that the Government produce annual reports on the rate of sale and availability of illegal tobacco and vaping products and their impact on public health and safety.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NEGATIVED ON DIVISION
To move the following Clause—
“Prohibition on manufacture and retail of high-capacity count vaping devices
(1) The Secretary of State must produce regulations relating to the design, manufacture and sale of vaping devices and products that ensure—
(a) refill containers cannot be attached to a vaping device post-purchase to increase a device’s overall capacity during use, or allow for multiple pods to be attached at the same time to a device to increase its functional capacity beyond a 2ml limit.
(b) devices only have a single pod or tank that does not exceed 2ml limit.
(c) refill devices do not exceed a 10ml capacity and must be sold separately and not in the form of a clink-on tank.
(2) A person commits an offence if the person—
(a) manufactures, designs for manufacture, imports or supplies for sale a vaping device that is contrary to the regulatory requirements set out in subsection (1).
(b) sells or retails a vaping device that is contrary to the regulatory requirements set out in subsection (1).
(3) A person who is guilty of an offence under paragraph (2)(a) is liable on summary conviction to a fine of £20,000.
(4) A person who is guilty of an offence under paragraph (2)(b) is liable on summary conviction to a fine of £10,000.”
Type: Opposition
Signatures: 1
Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025Member's explanatory statement
This new clause would seek the introduction of regulations and new offences to prohibit the manufacture, design and retail sale of high-capacity count vaping devices.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NEGATIVED ON DIVISION
To move the following Clause—
“Age verification requirement for online sales of vaping devices and products
(1) A person commits an offence if the person—
(a) carries on an online vaping product business, and
(b) fails to operate an age verification policy in respect of online sales of vaping products and devices.
(2) An “age verification policy” is a policy that steps are to be taken to establish and ensure the age of a person attempting to buy a vaping product (the “customer”) is not under 18 years of age.
(3) The appropriate national authority may by regulations amend the age specified in subsection (2).
(4) The appropriate national authority may publish guidance on matters relating to age verification policies, including, in particular, guidance about—
(a) steps that should be taken to establish a customer’s age,
(b) documents that may be used as evidence of a customer’s age,
(c) training that should be undertaken by the person selling vaping products,
(d) the form and content of notices that should be displayed on websites; and
(e) the form and content of records that should be maintained in relation to an age verification policy.
(5) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(6) Regulations under subsection (3) are subject to the affirmative resolution procedure.
(7) In this section—
“the appropriate national authority” means—
(a) in relation to England, the Secretary of State, and
(b) in relation to Wales, the Welsh Ministers,
“online vaping product business” means a business involving the sale of vaping products by retail online.”
Type: Opposition
Signatures: 1
Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025Member's explanatory statement
This new clause introduces a requirement on online vaping product businesses to operate an age verification policy covering steps to be taken to establish the age of persons attempting to buy vaping products online. It reflects provisions in place in Scotland.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT CALLED
Clause 168, page 120, line 30, after “3” insert “, save Sections 16 to 18 and Schedules 1 and 2,”
Type: Opposition
Signatures: 1
Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025Member's explanatory statement
See explanatory statement to Amendment 51.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT CALLED
Clause 168, page 120, line 39, leave from “force” to end of line 41 and insert “on such a date as the Secretary of State may by regulation appoint following the consultation on licensing regulations (see section (Consultation on licensing regulations)).”
Type: Opposition
Signatures: 1
Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025Member's explanatory statement
This amendment, together with Amendment 50 and NC6, would require the Secretary of State to consult on licensing scheme regulations before Sections 16 to 18 and Schedules 1 and 2 come into force.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was AGREED
Clause 168, page 121, line 1, after “force” insert “(so far as not in force by virtue of subsection (2))”
Type: Backbencher
Signatures: 1
Andrew Gwynne (Ind - Gorton and Denton) - 07 Jan 2025Member's explanatory statement
Clause 168(2) brings the regulation making powers under Part 1 into force on royal assent. This amendment indicates that the Welsh Ministers’ power to bring certain provisions into force is subject to that and is intended to ensure consistency with the drafting in clause 168(4).
Tabled: 17 Jan 2025
Notices of Amendments as at 17 January 2025
This amendment was AGREED
Clause 168, page 121, line 12, after “force” insert “(so far as not in force by virtue of subsection (2))”
Type: Backbencher
Signatures: 1
Andrew Gwynne (Ind - Gorton and Denton) - 17 Jan 2025Member's explanatory statement
Clause 168(2) brings the regulation-making powers under Part 3 into force on royal assent. This amendment indicates that the power of the Department of Health in Northern Ireland to bring certain provisions into force is subject to that and is intended to ensure consistency with the drafting in clause 168(4).
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT CALLED
Clause 169, page 121, line 21, after “etc)” insert “, save Sections 95 to 98,”
Type: Opposition
Signatures: 1
Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025Member's explanatory statement
See explanatory statement to Amendment 53.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT CALLED
Clause 169, page 122, line 21, at end insert—
“(1A) Sections 95 to 98 (Registration and information requirements) come into force on such a date as the Secretary of State may by regulation appoint following the consultation on Registration and information requirements (see section (Consultation on Registration and information requirements)).”
Type: Opposition
Signatures: 1
Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025Member's explanatory statement
This amendment, together with Amendment 52 and NC7, would require the Secretary of State to consult on registration and information requirements before Sections 95 to 98 come into force.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was AGREED
Clause 170, page 122, line 3, at end insert—
“(za) sections 19 to 22 and Schedule 3 and 4 (licensing of retail sales of tobacco products etc in Wales);”
Type: Backbencher
Signatures: 1
Andrew Gwynne (Ind - Gorton and Denton) - 07 Jan 2025Member's explanatory statement
This amendment confers power on the Welsh Ministers to make transitional or saving provision in connection with the commencement of certain provisions that they have power to bring into force by order under clause 168(5).
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT CALLED
Title, line 2, leave out “born on or after 1 January 2009” and insert “under the age of 25”
Type: Opposition
Signatures: 1
Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025Member's explanatory statement
This amendment is linked to Amendment 17.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NEGATIVED ON DIVISION
Clause 1, page 1, line 5, leave out “born on or after 1 January 2009” and insert “under the age of 25”
Type: Opposition
Signatures: 1
Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025Member's explanatory statement
This amendment makes it an offence to sell tobacco products, herbal smoking products and cigarette papers to a person under the age of 25, rather than to people born on or after 1 January 2009.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NEGATIVED ON DIVISION
Clause 1, page 1, line 13, leave out “shown on that document was before 1 January 2009” and insert “showed that the purchaser was not under the age of 25”
Type: Opposition
Signatures: 1
Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025Member's explanatory statement
This amendment is linked to Amendment 17.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was WITHDRAWN
Clause 1, page 2, line 9, at end insert “, save if it is a first offence.’”
Type: Opposition
Signatures: 1
Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025Member's explanatory statement
See explanatory statement to Amendment 59.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT CALLED
Clause 1, page 2, line 9, at end insert—
“(4A) A person who has admitted guilt of a first offence under this section is liable to a fine not exceeding level 3 on the standard scale or a caution.”
Type: Opposition
Signatures: 1
Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025Member's explanatory statement
See explanatory statement to Amendment 59.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT MOVED
Clause 2, page 2, line 11, leave out “18” and insert “25”
Type: Opposition
Signatures: 1
Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025Member's explanatory statement
This amendment makes it an offence to purchase tobacco products, herbal smoking products and cigarette papers on behalf of a person under the age of 25, rather than a person born on or after 1 January 2009.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT MOVED
Clause 2, page 2, line 12, leave out “born on or after 1 January 2009” and insert “under the age of 25”
Type: Opposition
Signatures: 1
Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025Member's explanatory statement
This amendment is linked to Amendment 19.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT MOVED
Clause 2, page 2, line 18, leave out “born on or after 1 January 2009” and insert “under the age of 25”
Type: Opposition
Signatures: 1
Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025Member's explanatory statement
This amendment is linked to Amendment 19.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was WITHDRAWN
Clause 2, page 2, line 23, at end insert “, save if it is a first offence.”
Type: Opposition
Signatures: 1
Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025Member's explanatory statement
See explanatory statement to Amendment 59.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT CALLED
Clause 2, page 2, line 23, at end insert—
“(4A) A person who has admitted guilt of a first offence under this section is liable to a fine not exceeding level 3 on the standard scale or provides for a discretionary caution.”
Type: Opposition
Signatures: 1
Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025Member's explanatory statement
This amendment, together with Amendments 56, 57, and 58, prevents penalties under sections 1 and 2 beyond level 3 for a first offence and provides for a discretionary caution.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT CALLED
Clause 5, page 3, line 8, leave out “born on or after 1 January 2009” and insert “under the age of 25”
Type: Opposition
Signatures: 1
Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025Member's explanatory statement
This amendment is linked to Amendment 17.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT CALLED
Clause 6, page 3, line 30, leave out “born on or after 1 January 2009” and insert “under the age of 25”
Type: Opposition
Signatures: 1
Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025Member's explanatory statement
This amendment is linked to Amendment 17.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT CALLED
Clause 6, page 3, line 32, leave out “a anwyd ar neu ar ôl 1 Ionawr 2009” and insert “dan 25 oed”
Type: Opposition
Signatures: 1
Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025Member's explanatory statement
This amendment is linked to Amendment 17.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT CALLED
Clause 9, page 5, line 10, at end insert “, save if it is a first offence.”
Type: Opposition
Signatures: 1
Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025Member's explanatory statement
See explanatory statement to Amendment 62.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT CALLED
Clause 9, page 5, line 12, at end insert “, save if it is a first offence.”
Type: Opposition
Signatures: 1
Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025Member's explanatory statement
See explanatory statement to Amendment 62.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT CALLED
Clause 9, page 5, line 12, at end insert—
“(3A) A person who has admitted guilt of a first offence under this section is liable to a fine not exceeding level 3 on the standard scale or a caution.”
Type: Opposition
Signatures: 1
Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025Member's explanatory statement
This amendment, together with Amendments 60 and 61, prevents penalties for a first offence under section 9 being a fine beyond level 3 and provides for a discretionary caution.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was WITHDRAWN
Clause 10, page 5, line 33, at end insert “, save if it is a first offence.”
Type: Opposition
Signatures: 1
Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025Member's explanatory statement
See explanatory statement to Amendment 66.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT CALLED
Clause 10, page 5, line 33, at end insert—
“(4A) A person who has admitted guilt of a first offence under this section is liable to a fine not exceeding level 3 on the standard scale or a caution.”
Type: Opposition
Signatures: 1
Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025Member's explanatory statement
See explanatory statement to Amendment 66.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was WITHDRAWN
Clause 11, page 6, line 5, at end insert “, save if it is a first offence.”
Type: Opposition
Signatures: 1
Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025Member's explanatory statement
See explanatory statement to Amendment 66.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT CALLED
Clause 11, page 6, line 5, at end insert—
“(3A) A person who has admitted guilt of a first offence under this section is liable to a fine not exceeding level 3 on the standard scale or a caution.”
Type: Opposition
Signatures: 1
Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025Member's explanatory statement
This amendment, together with Amendment 63, 64, and 65, prevents penalties for a first offence under sections 10 and 11 being beyond level 3 and provides for a discretionary caution.
Tabled: 10 Jan 2025
Notices of Amendments as at 10 January 2025
This amendment was NEGATIVED ON DIVISION
Clause 12, page 6, line 8, at end insert—
“(1A) The offence set out in subsection (1) does not apply to vending machines that are located within specialised mental health units that provide care for mental health patients.”
Type: Backbencher
Signatures: 1
Sarah Bool (Con - South Northamptonshire) - 10 Jan 2025
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was WITHDRAWN
Clause 37, page 19, line 25, at end insert—
“(1A) In respect to sections (1) and (2) fixed penalties will not be issued where a person has admitted guilt, and it is a first offence.”
Type: Opposition
Signatures: 1
Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025Member's explanatory statement
This amendment ensures that fixed penalty notices for an offence under sections 1 and 2 will not be issued if it is a first offence in England and Wales.
Tabled: 20 Dec 2024
Notices of Amendments as at 20 December 2024
This amendment was DISAGREED
Clause 38, page 20, line 18, leave out from“must” to the end of line 19 and insert “be allocated by the relevant Local Health and Wellbeing Board to public health projects.”
Type: Opposition
Signatures: 3
Helen Morgan (LD - North Shropshire) - 20 Dec 2024Member's explanatory statement
This amendment would direct funds from Fixed Penalty Notice fines to public health initiatives, determined by Local Health and Wellbeing Boards.
Tabled: 20 Dec 2024
Notices of Amendments as at 20 December 2024
This amendment was NOT CALLED
Clause 38, page 20, line 20, leave out from "before" to the second "the" and insert "such sums are allocated by the relevant Local Health and Wellbeing Board"
Type: Opposition
Signatures: 3
Helen Morgan (LD - North Shropshire) - 20 Dec 2024Member's explanatory statement
This amendment is consequential upon Amendment 2.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT CALLED
Clause 50, page 25, line 30, leave out “born on or after 1 January 2009” and insert “under the age of 25”
Type: Opposition
Signatures: 1
Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025Member's explanatory statement
This amendment is linked to Amendment 17.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT CALLED
Clause 50, page 25, line 33, leave out from “substitute” to end of line 34 and insert “under the age of 25 (“the customer”) to be aged 25 or over”
Type: Opposition
Signatures: 1
Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025Member's explanatory statement
This amendment is linked to Amendment 17.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NEGATIVED ON DIVISION
Clause 50, page 25, line 34, at end insert—
“(ba) in subsection (5), at end insert “, save if it is a first offence.”
(bb) after subsection (5) insert—
“(5A) A person who has admitted guilt of a first offence under subsection (1) is liable to a fine not exceeding level 3 on the standard scale or a recorded police warning.””
Type: Opposition
Signatures: 1
Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025Member's explanatory statement
This amendment prevents penalties for a first offence of selling tobacco products to person under 18 in Scotland being a fine not beyond level 3 and provides for a discretionary recorded police warning.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT CALLED
Clause 50, page 25, line 37, leave out “born on or after 1 January 2009” and insert “under 25”
Type: Opposition
Signatures: 1
Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025Member's explanatory statement
This amendment is linked to Amendment 17.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NEGATIVED ON DIVISION
Clause 50, page 25, line 38, at end insert—
“(2A) In section 4A (Sale of nicotine vapour products to persons under 18) insert—
(a) in subsection (5), at end insert “, save if it is a first offence.”
(b) after subsection (5) insert—
“(5A) A person who has admitted guilt of a first offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale or to a recorded police warning.””
Type: Opposition
Signatures: 1
Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025Member's explanatory statement
This amendment prevents penalties for a first offence pertaining to the sale of nicotine vapour products to persons under 18 in Scotland being a fine not beyond level 3 and provides for a discretionary recorded police warning.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT CALLED
Clause 50, page 26, line 1, leave out subsection (3)
Type: Opposition
Signatures: 1
Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025Member's explanatory statement
This amendment is linked to Amendment 17.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NEGATIVED ON DIVISION
Clause 50, page 26, line 26, at end insert—
“(ba) in subsection (7), at end insert “, save if it is a first offence.”
(bb) after subsection (7) insert—
“(7A) A person who has admitted guilt of a first offence under subsection (1) is liable to a fine not exceeding level 2 on the standard scale or a recorded police warning.””
Type: Opposition
Signatures: 1
Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025Member's explanatory statement
This amendment prevents penalties for a first offence pertaining to a failure to operate an age verification policy in Scotland being a fine not beyond level 2 and provides for a discretionary recorded police warning.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT CALLED
Clause 50, page 26, line 28, leave out from “substitute” to end of line 29 and insert “under the age of 25”;
Type: Opposition
Signatures: 1
Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025Member's explanatory statement
This amendment is linked to Amendment 17.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT CALLED
Clause 50, page 26, line 30, leave out from “substitute” to end of line 31 and insert “under 25”.
Type: Opposition
Signatures: 1
Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025Member's explanatory statement
This amendment is linked to Amendment 17.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT CALLED
Clause 50, page 26, line 33, leave out from “substitute” to end of line and insert “under 25.”
Type: Opposition
Signatures: 1
Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025Member's explanatory statement
This amendment is linked to Amendment 17.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NEGATIVED ON DIVISION
Clause 50, page 26, line 33, at end insert—
“(5A) In section 27 (Fixed penalties), in paragraph (1) at end insert ‘, save if an offence under section 4, 4A, and 4B is a first offence for which a person has admitted guilt”
Type: Opposition
Signatures: 1
Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025Member's explanatory statement
This amendment ensures that fixed penalty notices for an offence under section 50 will not be issued if it is a first offence in Scotland.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NEGATIVED ON DIVISION
Clause 58, page 29, line 19, at end insert “, save if it is a first offence.”
Type: Opposition
Signatures: 1
Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025Member's explanatory statement
See explanatory statement to Amendment 72.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NEGATIVED ON DIVISION
Clause 58, page 29, line 21, at end insert “, save if it is a first offence.”
Type: Opposition
Signatures: 1
Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025Member's explanatory statement
See explanatory statement to Amendment 72.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NEGATIVED ON DIVISION
Clause 58, page 29, line 21, at end insert—
“(3A) A person who has admitted guilt of a first offence under subsection (1) is liable to a fine not exceeding level 3 on the standard scale or a recorded police warning.”
Type: Opposition
Signatures: 1
Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025Member's explanatory statement
This amendment, together with Amendments 70 and 71, prevents penalties for a first offence under Section 58 (pertaining to restrictions on the possession of snus with an intent to supply in Scotland) being beyond level 3 and provides for a discretionary recorded police warning.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT CALLED
Clause 68, page 35, line 28, leave out “born on or after 1 January 2009” and insert “under the age of 25”
Type: Opposition
Signatures: 1
Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025Member's explanatory statement
This amendment is linked to Amendment 17.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT CALLED
Clause 68, page 35, line 37, leave out “shown on that document was before 1 January 2009” and insert “showed that the purchaser was not under the age of 25”
Type: Opposition
Signatures: 1
Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025Member's explanatory statement
This amendment is linked to Amendment 17.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NEGATIVED ON DIVISION
Clause 68, page 36, line 12, at end insert “, save if it is a first offence.”
Type: Opposition
Signatures: 1
Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025Member's explanatory statement
See explanatory statement to Amendment 76.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NEGATIVED ON DIVISION
Clause 68, page 36, line 12, at end insert—
“(4A) A person who has admitted guilt of a first offence under this Article is liable to a fine not exceeding level 3 on the standard scale or a conditional caution.”
Type: Opposition
Signatures: 1
Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025Member's explanatory statement
See explanatory statement to Amendment 76.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT MOVED
Clause 69, page 36, line 16, leave out “born on or after 1 January 2009” and insert “under the age of 25”
Type: Opposition
Signatures: 1
Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025Member's explanatory statement
This amendment is linked to Amendment 19.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT MOVED
Clause 69, page 36, line 18, leave out “18” and insert “25”
Type: Opposition
Signatures: 1
Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025Member's explanatory statement
This amendment is linked to Amendment 19.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT MOVED
Clause 69, page 36, line 19, leave out “born on or after 1 January 2009” and insert “under the age of 25”
Type: Opposition
Signatures: 1
Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025Member's explanatory statement
This amendment is linked to Amendment 19.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT MOVED
Clause 69, page 36, line 26, leave out “born on or after 1 January 2009” and insert “under the age of 25”
Type: Opposition
Signatures: 1
Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025Member's explanatory statement
This amendment is linked to Amendment 19.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NEGATIVED ON DIVISION
Clause 69, page 36, line 31, at end insert “, save if it is a first offence.”
Type: Opposition
Signatures: 1
Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025Member's explanatory statement
See explanatory statement to Amendment 76.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NEGATIVED ON DIVISION
Clause 69, page 36, line 31, at end insert—
“(4A) A person who has admitted guilt of a first offence under this Article is liable to a fine not exceeding level 3 on the standard scale or a conditional caution.”
Type: Opposition
Signatures: 1
Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025Member's explanatory statement
This amendment, together with Amendments 73, 74, and 75, prevents penalties for a first offence under Sections 68 and 69 being beyond level 3 and provides for a cautionary warning.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT CALLED
Clause 72, page 37, line 28, leave out “born on or after 1 January 2009” and insert “under the age of 25”
Type: Opposition
Signatures: 1
Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025Member's explanatory statement
This amendment is linked to Amendment 17.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NEGATIVED ON DIVISION
Clause 75, page 39, line 19, at end insert “, save if it is a first offence.”
Type: Opposition
Signatures: 1
Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025Member's explanatory statement
See explanatory statement to Amendment 79.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT CALLED
Clause 75, page 39, line 21, at end insert “, save if it is a first offence.”
Type: Opposition
Signatures: 1
Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025Member's explanatory statement
See explanatory statement to Amendment 79.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT CALLED
Clause 75, page 39, line 21, at end insert—
“(3A) A person who has admitted guilt of a first offence under this Article is liable to a to a fine not exceeding level 3 on the standard scale or conditional caution.”
Type: Opposition
Signatures: 1
Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025Member's explanatory statement
This amendment, together with Amendments 77 and 78, prevents penalties for a first offence under Section 75 (pertaining to restrictions on the possession with an intent to supply of snus in Northern Ireland) being beyond level 3 and provides for a conditional caution.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NEGATIVED ON DIVISION
Clause 76, page 40, line 9, at end insert “, save if it is a first offence.”
Type: Opposition
Signatures: 1
Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025Member's explanatory statement
See explanatory statement to Amendment 83.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NEGATIVED ON DIVISION
Clause 76, page 40, line 9, at end insert—
“(4A) A person who has admitted guilt of a first offence under this Article is liable to a fine not exceeding level 3 on the standard scale or conditional caution.”
Type: Opposition
Signatures: 1
Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025Member's explanatory statement
See explanatory statement to Amendment 83.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NEGATIVED ON DIVISION
Clause 77, page 40, line 22, at end insert “, save if it is a first offence.”
Type: Opposition
Signatures: 1
Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025Member's explanatory statement
See explanatory statement to Amendment 83.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NEGATIVED ON DIVISION
Clause 77, page 40, line 22, at end insert—
“(3A) A person who has admitted guilt of a first offence under this Article is liable to a fine not exceeding level 3 on the standard scale or a conditional caution.”
Type: Opposition
Signatures: 1
Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025Member's explanatory statement
This amendment, together with amendments 80, 81, and 82, prevent penalties for a first offence under sections 76 and 77 (pertaining to age of sale restrictions for vaping and nicotine products in Northern Ireland) beyond level 3 and provides for a caution.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was WITHDRAWN
Clause 91, page 51, line 26, at the end insert “and markings containing health warnings”
Type: Backbencher
Signatures: 2
Mary Kelly Foy (Lab - City of Durham) - 07 Jan 2025Member's explanatory statement
This amendment enables regulations to be made requiring health warnings to be marked on individual cigarettes and cigarette papers.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was WITHDRAWN
Clause 96, page 54, line 24, leave out “may” insert “must within six month of the passing of this Act”
Type: Backbencher
Signatures: 2
Jim Dickson (Lab - Dartford) - 07 Jan 2025
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT CALLED
Clause 96, page 54, line 36, leave out “may” insert “must”
Type: Backbencher
Signatures: 2
Jim Dickson (Lab - Dartford) - 07 Jan 2025
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT CALLED
Clause 96, page 54, line 36, after “provision” insert “and publication”
Type: Backbencher
Signatures: 2
Jim Dickson (Lab - Dartford) - 07 Jan 2025
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT CALLED
Clause 96, page 54, line 38, at end insert “, including provision of data with reference to areas specified in the regulations, which may be local authority areas.”
Type: Backbencher
Signatures: 2
Jim Dickson (Lab - Dartford) - 07 Jan 2025Member's explanatory statement
These amendments require the Secretary of State to make regulations which would require producers of tobacco products and other products to provide sales data by geographical area and would require the publication of such data.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was WITHDRAWN
Clause 114, page 63, line 16, after “product,” insert “except for the public health purpose of promoting vaping as a cessation tool for existing tobacco smokers,”
Type: Opposition
Signatures: 1
Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025Member's explanatory statement
This amendment would allow vapes to be promoted as a quit-aid/public health measure.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT CALLED
Clause 115, page 64, line 3, after “product,” insert “except for the public health purpose of promoting vaping as a cessation tool for existing tobacco smokers,”
Type: Opposition
Signatures: 1
Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025Member's explanatory statement
This amendment would allow vapes to be promoted as a quit-aid/public health measure.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT CALLED
Clause 116, page 64, line 30, after “product,” insert “except for the public health purpose of promoting vaping as a cessation tool for existing tobacco smokers,”
Type: Opposition
Signatures: 1
Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025Member's explanatory statement
This amendment would allow vapes to be promoted as a quit-aid/public health measure.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT CALLED
Clause 117, page 65, line 18, after “product,” insert “except for the public health purpose of promoting vaping as a cessation tool for existing tobacco smokers,”
Type: Opposition
Signatures: 1
Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025Member's explanatory statement
This amendment would allow vapes to be promoted as a quit-aid/public health measure.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT CALLED
Clause 118, page 66, line 3, after “product,” insert “except for the public health purpose of promoting vaping as a cessation tool for existing tobacco smokers,”
Type: Opposition
Signatures: 1
Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025Member's explanatory statement
This amendment would allow vapes to be promoted as a quit-aid/public health measure.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT CALLED
Clause 119, page 67, line 8, after “product,” insert “except for the public health purpose of promoting vaping as a cessation tool for existing tobacco smokers,”
Type: Opposition
Signatures: 1
Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025Member's explanatory statement
This amendment would allow vapes to be promoted as a quit-aid/public health measure.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT CALLED
Clause 119, page 67, line 24, after “product,” insert “except for the public health purpose of promoting vaping as a cessation tool for existing tobacco smokers,”
Type: Opposition
Signatures: 1
Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025Member's explanatory statement
This amendment would allow vapes to be promoted as a quit-aid/public health measure.
Tabled: 19 Dec 2024
Notices of Amendments as at 19 December 2024
This amendment was AGREED
Clause 122, page 70, line 12, after “section” insert “3 or”
Type: Backbencher
Signatures: 1
Andrew Gwynne (Ind - Gorton and Denton) - 19 Dec 2024Member's explanatory statement
This amendment ensures that no offence is committed under the advertising provisions by displays of prices that are subject to regulation under section 3 of the Tobacco and Primary Medical Services (Scotland) Act 2010. This makes the approach for Scotland consistent with the rest of the United Kingdom.
Tabled: 20 Dec 2024
Notices of Amendments as at 20 December 2024
This amendment was WITHDRAWN
Clause 136, page 77, line 8, leave out from “smoke-free” to the end of line 15 and insert “a place in England that is—
an NHS property or hospital building,
a school, college or higher education premises,
a children’s play area or playground,
including outdoor public areas and frontages adjoining or surrounding such premises or designated areas.”
Type: Opposition
Signatures: 3
Helen Morgan (LD - North Shropshire) - 20 Dec 2024Member's explanatory statement
This amendment would specify which places the Secretary of State has power to designate as additional smoke-free places in England on the face of the Bill.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was WITHDRAWN
Clause 136, page 77, line 8, after “regulations” insert “and a local authority may (as respects its area) make byelaws”
Type: Backbencher
Signatures: 2
Jim Dickson (Lab - Dartford) - 07 Jan 2025Member's explanatory statement
This amendment would extend the power to designate areas as smoke-free to certain local authorities, by making byelaws. Any byelaws so made would need to be confirmed by the Secretary of State by virtue of section 236 of the Local Government Act 1972.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NEGATIVED ON DIVISION
Clause 136, page 77, line 12 at end insert—
“The Secretary of State may only make regulations designating external or open spaces as smoke-free in England outside—
(a) an NHS property or hospital building,
(b) a children’s playground, or
(c) a nursery, school, college or higher education premises.”
Type: Opposition
Signatures: 1
Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025Member's explanatory statement
This amendment restricts the Secretary of State to only being able to designate open or unenclosed spaces outside a hospital, children’s playground, school or nursery.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT CALLED
Clause 136, page 77, line 14, after “regulations” insert “or byelaws”
Type: Backbencher
Signatures: 2
Jim Dickson (Lab - Dartford) - 07 Jan 2025Member's explanatory statement
This amendment is associated with amendment 11.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT CALLED
Clause 136, page 77, line 16, after “regulations” insert “or byelaws”
Type: Backbencher
Signatures: 2
Jim Dickson (Lab - Dartford) - 07 Jan 2025Member's explanatory statement
This amendment is associated with amendment 11.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NEGATIVED ON DIVISION
Clause 136, page 77, line 21, at end insert—
“The Secretary of State may designate a place or description of place under this section only if in the Secretary of State's opinion there is a significant risk that, without a designation, persons present there would be exposed to significant quantities of smoke.”
Type: Opposition
Signatures: 1
Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025Member's explanatory statement
This amendment would re-instate existing section 4(3) in the Health Act 2006.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT CALLED
Clause 136, page 77, at the end of line 24, insert—
“(5) Before making byelaws under this section the local authority must consult any persons the local authority considers it appropriate to consult.
(6) In this section,
“local authority” means a county council in England, a district council, a London borough council, the Common Council of the City of London in its capacity as a local authority, the Council of the Isles of Scilly, a combined authority or a combined country authority.”
Type: Backbencher
Signatures: 2
Jim Dickson (Lab - Dartford) - 07 Jan 2025Member's explanatory statement
This amendment is associated with amendment 11.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was WITHDRAWN
Clause 136, page 77, leave out lines 26 to 29 and insert—
“(a) for subsection (1A) substitute—
“(1A) The Secretary of State must, no later than the end of the period of 6 months beginning with the day on which the Tobacco and Vapes Act 2025 is passed, lay draft regulations to be made under this section which have the effect of providing for all enclosed vehicles to be smoke-free, other than vehicles of the type described in subsection (3).
(1B) Regulations may make provisions about the meaning of “enclosed vehicle”, which may include vehicles which are partially enclosed or enclosed (or capable of being enclosed) for some but not all of the time.””
Type: Backbencher
Signatures: 2
Jim Dickson (Lab - Dartford) - 07 Jan 2025Member's explanatory statement
This amendment requires the Secretary of State to make regulations which would extend the existing prohibition on smoking in vehicles to all enclosed vehicles except ships and hovercraft which are regulated under other legislation. The prohibition currently only applies to workplace vehicles and vehicles carrying under 18s.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was WITHDRAWN
Clause 136, page 77, line 33, at end insert—
“(3A) In section 7 (Offence of smoking in smoke-free place)—
(a) in subsection (6), at end insert “, save if it is a first offence.”
(b) after subsection (6) insert—
“(6A) A person who has admitted guilt of a first offence under this section is liable to a fine not exceeding level 3 on the standard scale or a caution.”
(3B) In section 8 (Offence of failing to prevent smoking in smoke-free place)—
(a) in subsection (7), at end insert “, save if it is a first offence.”
(b) after subsection (7) insert—
“(7A) A person who has admitted guilt of a first offence under this section is liable to a fine not exceeding level 3 on the standard scale or a caution.””
Type: Opposition
Signatures: 1
Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025Member's explanatory statement
This amendment prevents penalties for a first offence under sections 136 (pertaining to smoke-free area restrictions in England) being beyond a fine of level 3 and provides for a discretionary caution.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT CALLED
Clause 142, page 85, line 29, at end insert—
“(ya) in section 1 (Offence of permitting others to smoke in no-smoking premises)—
(i) in subsection (4), at end insert “, save if it is a first offence.”
(ii) after subsection (4) insert—
“(4A) A person who has admitted guilt of a first offence under this section is liable to a fine not exceeding level 3 on the standard scale or a recorded police warning.”
(za) in section (2) (Offence of smoking in no-smoking premises)—
(i) in subsection (3), at end insert “, save if it is a first offence.”
(ii) after subsection (3) insert—
“(3A) A person who has admitted guilt of a first offence under this section is liable to a fine not exceeding level 3 on the standard scale or a recorded police warning.””
Type: Opposition
Signatures: 1
Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025Member's explanatory statement
This amendment prevents penalties for a first offence under sections 142 (pertaining to smoke-free area restrictions in Scotland) being beyond level 3 and provides for a discretionary caution.
Tabled: 10 Jan 2025
Notices of Amendments as at 10 January 2025
This amendment was NOT CALLED
Clause 147, page 93, line 13, at end of line insert—
“(1A) In the Welsh language text of section 5 (Y drosedd o ysmygu mewn mangre ddi-fwg neu gerbyd di-fwg), at end of subsection (6) insert “, arbed os trosedd cyntaf ydyw.”
(1B) In the Welsh language text of section 5 (Y drosedd o ysmygu mewn mangre ddi-fwg neu gerbyd di-fwg), after subsection (6) insert—
“(6A) Mae person sydd wedi cyfaddef ei fod yn euog o drosedd gyntaf o dan yr adran hon ynagored i rybuddiad.”
(1C) In the English language text of section 5 (Offence of smoking in smoke-free premises or vehicle), at end of subsection (6) insert “, save if it is a first offence.”
(1D) In the English language text of section 5 (Offence of smoking in smoke-free premises or vehicle), after subsection (6) insert—
“(6A) Mae person sydd wedi cyfaddef ei fod yn euog o drosedd gyntaf o dan yr adran hon yn agored i rybuddiad.”
(1E) In the Welsh language text of section 6 (Y drosedd o fethu ag atal ysmygu mewn mangre ddi-fwg), at end of subsection (9) insert “, arbed os trosedd cyntaf ydyw.”
(1F) In the Welsh language text of section 6 (Y drosedd o fethu ag atal ysmygu mewn mangre ddi-fwg), after subsection (9) insert—
“(9A) A person who has admitted guilt of a first offence under this section is liable to a caution.”
(1G) In the English language text of section 6 (Offence of smoking in smoke-free premises or vehicle), at end of subsection (9) insert “, save if it is a first offence.”
(1H) In the English language text of section 6 (Offence of smoking in smoke-free premises or vehicle), after subsection (9) insert—
“(9A) A person who has admitted guilt of a first offence under this section is liable to a caution.””
Type: Opposition
Signatures: 1
Caroline Johnson (Con - Sleaford and North Hykeham) - 10 Jan 2025Member's explanatory statement
This amendment prevents penalties for a first offences pertaining to smoke-free area restrictions in Wales being a fine or imprisonment and makes provision for the penalty for a first offence pertaining to smoke-free area restrictions to be a cautionary warning.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT CALLED
Clause 153, page 109, line 9, at end insert—
“(3A) In Article 8 (Offence of smoking in smoke-free place)—
(a) in subsection (5), at end insert “, save if it is a first offence.”
(b) after subsection (5) insert—
“(5A) A person who has admitted guilt of a first offence under this Article is liable to a fine not exceeding level 3 on the standard scale or a conditional caution.”
(3B) In Article 9 (Offence of failing to prevent smoking in smoke-free place)—
(a) subsection (6), after “scale” insert “, save if it is a first offence.
(b) after subsection (6) insert—
“(6A) person who has admitted guilt of a first offence under this Article is liable to a fine not exceeding level 3 on the standard scale or a conditional caution.””
Type: Opposition
Signatures: 1
Caroline Johnson (Con - Sleaford and North Hykeham) - 07 Jan 2025Member's explanatory statement
This amendment prevents penalties for a first offence under sections 153 (pertaining to smoke-free area restrictions in Northern Ireland) being beyond level 3 and provides for a conditional caution.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT CALLED
Schedule 5, page 132, line 2, leave out, “a anwyd ar neu ar ôl 1 Ionawr 2009” and insert “dan 25 oed”
Type: Opposition
Signatures: 1
Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025Member's explanatory statement
This amendment is linked to Amendment 17.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT CALLED
Schedule 5, page 132, line 7, leave out from “berson” to end of line 8 and insert “dan 25 oed (“B”)”
Type: Opposition
Signatures: 1
Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025Member's explanatory statement
This amendment is linked to Amendment 17.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT CALLED
Schedule 5, page 132, line 12, leave out from “person” to end of line and insert “dan 25 oed”
Type: Opposition
Signatures: 1
Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025Member's explanatory statement
This amendment is linked to Amendment 17.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT CALLED
Schedule 5, page 132, line 38, leave out from “rhoi”, to “a” in line 39 and insert “yn 25 oed neu drosodd”
Type: Opposition
Signatures: 1
Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025Member's explanatory statement
This amendment is linked to Amendment 17.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT CALLED
Schedule 5, page 133, line 2, leave out from “person” to end of line 3 and insert “dan 25 oed”
Type: Opposition
Signatures: 1
Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025Member's explanatory statement
This amendment is linked to Amendment 17.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT CALLED
Schedule 5, page 133, line 16, leave out “born on or after 1 January 2009” and insert “under the age of 25”
Type: Opposition
Signatures: 1
Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025Member's explanatory statement
This amendment is linked to Amendment 17.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT CALLED
Schedule 5, page 133, line 21, leave out “born on or after 1 January 2009” and insert “under the age of 25”
Type: Opposition
Signatures: 1
Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025Member's explanatory statement
This amendment is linked to Amendment 17.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT CALLED
Schedule 5, page 133, line 26, leave out “born on or after 1 January 2009” and insert “under the age of 25”
Type: Opposition
Signatures: 1
Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025Member's explanatory statement
This amendment is linked to Amendment 17.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT CALLED
Schedule 5, page 134, line 9, leave out “born before 1 January 2009” and insert “over the age of 25”
Type: Opposition
Signatures: 1
Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025Member's explanatory statement
This amendment is linked to Amendment 17.
Tabled: 07 Jan 2025
Public Bill Committee Amendments as at 7 January 2025
This amendment was NOT CALLED
Schedule 5, page 134, line 14, leave out “born on or after 1 January 2009” and insert “under the age of 25”
Type: Opposition
Signatures: 1
Helen Maguire (LD - Epsom and Ewell) - 07 Jan 2025Member's explanatory statement
This amendment is linked to Amendment 17.
Tabled: 22 Jan 2025
Notices of Amendments as at 22 January 2025
This amendment was AGREED TO
Clause 170, page 122, line 2, at end insert- "(za) sections 19 to 22 and Schedule 3 and 4 (licensing of retail sales of tobacco products etc in Wales);"
Type: Backbencher
Signatures: 1
Andrew Gwynne (Ind - Gorton and Denton) - 22 Jan 2025