My Lords, I will make a short statement on the position regarding legislative consent on this Bill. The Bill is UK-wide, and it has been developed in partnership with the Scottish Government, the Welsh Government and the Northern Ireland Executive. A legislative consent Motion was received from the Northern Ireland Assembly on 10 February 2025, from the Scottish Parliament on 29 May 2025 and the Senedd on 9 December 2025.
Following further amendments to the Bill on Report, supplementary legislative consent Motions have been sought from the Scottish Parliament and the Senedd. It has not been possible to complete this process before Third Reading. However, noting the strong support of the Scottish and Welsh Governments, we are hopeful that this process will conclude shortly. The Northern Ireland Executive has confirmed that their current legislative consent Motion is sufficient. I beg to move.
Schedule 16: Advertising etc: audiovisual and radio broadcasting
1: Schedule 16, page 169, line 39, leave out “(a) and (b),” and insert “—
(a) in paragraph (a),”Member’s explanatory statement
This makes a structural change to facilitate my amendment to Schedule 16, page 169, line 40.
My Lords, Amendments 1 to 5 are minor and technical, and stem from the amendments that the Government made on Report on advertising. The amendments ensure consistency across the advertising-related restrictions in the Communications Act 2003. In particular, they will ensure that a business which manufactures or sells more than one type of product, such as vaping products and nicotine products, is in scope of the restrictions on sponsorship of prohibited products. It was always the Government’s intention to capture any business which manufactures or sells prohibited products, no matter how many different types of product they sold or manufactured. The amendments therefore provide consistency across the advertising-related restrictions and prevent the creation of a potential loophole. I beg to move.
2: Schedule 16, page 169, line 40, at end insert—
“(b) in paragraph (b), after “other tobacco products” insert “, herbal smoking products or cigarette papers (or of two or more of those products)”.”Member’s explanatory statement
Section 368G(1)(b) of the Communications Act 2003, as amended, will refer to an undertaking whose principal activity is the manufacture etc of cigarettes or certain other products. The amendment spells out that this covers an undertaking whose principal activity is the manufacture etc of two or more of those products (for consistency with other amendments).
3: Schedule 16, page 169, line 41, leave out “(a) and (b),” and insert “—
(a) in paragraph (a),”Member’s explanatory statement
This makes a structural change to facilitate my amendment to Schedule 16, page 169, line 42.
4: Schedule 16, page 169, line 42, at end insert—
“(b) in paragraph (b), for “electronic cigarettes or electronic cigarette refill containers” substitute “vaping products or nicotine products (or both)”.”Member’s explanatory statement
Section 368G(1A)(b) of the Communications Act 2003, as amended, will refer to an undertaking whose principal activity is the manufacture etc of vaping or nicotine products. The amendment spells out that this covers an undertaking whose principal activity is the manufacture etc of both products (for consistency with other amendments).
5: Schedule 16, page 170, line 3, after “subsection (4)” insert “—
(a) in paragraph (b), after “tobacco products” insert “(or both)”;Member’s explanatory statement
Section 368H(4)(b) of the Communications Act 2003, as amended, will refer to an undertaking whose principal activity is the manufacture etc of cigarettes or other tobacco products. The amendment spells out that this covers an undertaking whose principal activity is the manufacture etc of both descriptions of product (for consistency with other amendments).