Moved by
Lord Crisp
159: After Clause 164, insert the following new Clause—
“Tobacco products statutory scheme: supplementary
(1) The Secretary of State may make any provision he or she considers necessary or expedient for the purpose of enabling or facilitating—
(a) the introduction of a statutory scheme of the type mentioned in section (Tobacco products statutory scheme: consultation), or
(b) the determination of the provision to be made in a proposed statutory scheme.
(2) The provision may, in particular, require any person to whom such a scheme may apply to—
(a) record and keep information;
(b) provide information to the Secretary of State in electronic form.
(3) The Secretary of State must—
(a) store electronically the information which is submitted in accordance with this provision;
(b) ensure that information submitted in accordance with this provision is made publicly available on a website, taking the need to protect trade secrets duly into account.
(4) Where the Secretary of State is preparing to make or vary a statutory scheme, he or she may make any provision he or she considers necessary or expedient for transitional or transitory purposes which could be made by such a scheme.”
160: After Clause 164, insert the following new Clause—
“Tobacco products statutory scheme: enforcement
(1) The provisions of this section apply if, following consultation under section (Tobacco products statutory scheme: consultation), legislation is enacted which enables the making of a statutory scheme.
(2) Regulations may provide for a person who contravenes any provision of the scheme, including any regulations or directions made under the scheme, to be liable to pay a penalty to the Secretary of State.
(3) The penalty may be—
(a) a single penalty not exceeding £5 million;
(b) a daily penalty not exceeding £500,000 for every day on which the contravention occurs or continues.
(4) Regulations may provide for any amount required to be paid to the Secretary of State by virtue of any provision in the scheme reflecting section (Tobacco products statutory scheme: consultation) (4) or (6)(b) to be increased by an amount not exceeding 50 per cent.
(5) Regulations may provide for any amount payable to the Secretary of State by virtue of any provision in the scheme reflecting section (Tobacco products statutory scheme: consultation) (3), (4), (5) or (6)(b) (including such an amount as increased under subsection (4) of this section) to carry interest at a rate specified or referred to in the regulations.
(6) Provision may be made by regulations for conferring on manufacturers and importers a right of appeal against enforcement decisions taken in respect of them in pursuance of the scheme, section (Tobacco products statutory scheme: consultation), (Tobacco products statutory scheme: supplementary), and this section.
(7) The provision which may be made by virtue of subsection (6) includes any provision which may be made by model provisions with respect to appeals under section 6 of the Deregulation and Contracting Out Act 1994, reading—
(a) the references in subsections (4) and (5) of that section to enforcement action as references to action taken to implement an enforcement decision, and
(b) in subsection (5) of that section, the references to interested persons as references to any persons and the reference to any decision to take enforcement action as a reference to any enforcement decision.
(8) In subsections (6) and (7), “enforcement decision” means a decision of the Secretary of State or any other person to—
(a) require a specific manufacturer or importer to provide information to him or her,
(b) limit, in respect of any specific manufacturer or importer, any price or profit,
(c) refuse to give his or her approval to a price increase made by a specific manufacturer or importer, or
(d) require a specific manufacturer or importer to pay any amount (including an amount by way of penalty) to him or her,
and in this subsection “specific” means specified in the decision.
(9) A requirement or prohibition, or a limit, under section (Tobacco products statutory scheme: consultation), may only be enforced under this section and may not be relied on in any proceedings other than proceedings under this section.
(10) Subsection (9) does not apply to any action by the Secretary of State to recover as a debt any amount required to be paid to the Secretary of State under section (Tobacco products statutory scheme: consultation) or this section.
(11) The Secretary of State may by order increase (or further increase) either of the sums mentioned in subsection (3).”
161: After Clause 164, insert the following new Clause—
“Tobacco products statutory scheme: controls: supplementary
(1) The provisions of this section apply if, following consultation under section (Tobacco products statutory scheme: consultation), legislation is enacted which enables the making of a statutory scheme.
(2) Any power conferred on the Secretary of State by legislation enacted which enables the making of a statutory scheme, and by section (Tobacco products statutory scheme: supplementary) may be exercised by—
(a) making regulations, or
(b) giving directions to a specific manufacturer or importer.
(3) Regulations under subsection (2)(a) may confer power for the Secretary of State to give directions to a specific manufacturer or importer; and in this subsection “specific” means specified in the direction concerned.
(4) In this section and sections (Tobacco products statutory scheme: consultation), (Tobacco products statutory scheme: supplementary) and (Tobacco products statutory scheme: enforcement)—
“tobacco product” means a product that can be consumed and consists, even partly, of tobacco;
“manufacturer” means any person who manufactures tobacco products;
“importer” means any person who imports tobacco products into the United Kingdom with a view to the product being supplied for consumption in the United Kingdom or through the travel retail sector, and contravention of a provision includes a failure to comply with it.”