text_body: --- DIVISION TITLE ---
  
  Children and Families Bill - Offence of Smoking in a Private Vehicle When A Person Under 18 Is Present
  
  --- MOTION EFFECT ---
  
  @ MP voted aye in favour of a new law requiring private vehicles be smoke-free where a person under the age of 18 is present in the vehicle. 
  @ MP voted no against a new law requiring private vehicles be smoke-free where a person under the age of 18 is present in the vehicle. 
  
  The majority of MPs voted to make clear to ministers that MPs have given them the power to create a new law requiring private vehicles be smoke-free where a person under the age of 18 is present in the vehicle. 
  
  Those voting with the majority were presumably expressing support for such a new law being brought in. 
  
  MPs were considering changes to the Children and Families Bill[1] proposed by the House of Lords. 
  
  The text of the approved motion approved by the majority of MPs was:
  
  :That this House 
  :agrees with Lords amendment 125.
  
  Lords amendment 125 introduced the following new clause: 
  
  
  :âProtection of childrenâs health: offence of smoking in a private vehicle
  
  :(1)    The [http://www.legislation.gov.uk/ukpga/2006/28/part/1 Health Act 2006] is amended as follows.
  :(2)    In [http://www.legislation.gov.uk/ukpga/2006/28/section/5 section 5 (smoke-free vehicles)] â
  :(a)    after subsection (1) insertâ
  
  :â(1A)    Regulations under this section may in particular provide for a private vehicle to be smoke-free where a person under the age of 18 is present in the vehicle.â, and
  : (b)   in subsection (2), for âThe regulationsâ substitute âRegulations under this sectionâ.
  :(3)    In [http://www.legislation.gov.uk/ukpga/2006/28/section/9 section 9 (fixed penalties)], after subsection (1) insertâ
  :â(1A)    The appropriate national authority may by regulations provide that, in the circumstances specified in the regulations, an authorised officer of an enforcement authority (see section 10) who has reason to believe that a person has committed an offence under section 8(4) in relation to a vehicle in relation to which the authorised officer has functions may give the person a penalty notice in respect of the offence.â
  :(4)   In [http://www.legislation.gov.uk/ukpga/2006/28/section/10 section 10](1) (power to designate bodies or descriptions of body as enforcement authorities)â
  
  :(a)    after âdesignating theâ insert âpersons orâ, and
  :(b)    after âdescriptions ofâ insert âperson orâ.
  
  :(5)    In [http://www.legislation.gov.uk/ukpga/2006/28/section/79 section 79 (orders and regulations)] â
  :(a)    in subsection (4) (powers to which affirmative procedure applies), in paragraph (a) (powers in Part 1), for âor 8(7)â substitute â, 8(7) or 9(1A)â,
  :(b)    in that subsection, in paragraph (f) (powers in Schedule 1), for âor 8â substitute â, 8 or 17â, and
  :(c)    after that subsection insertâ 
  
  :â(4A)     No statutory instrument containing regulations under section 9(1A) or paragraph 17 of Schedule 1 may be made by the Welsh Ministers unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.â
  
  :(6)    In [http://www.legislation.gov.uk/ukpga/2006/28/schedule/1 Schedule 1 (fixed penalties)], after paragraph 16 insertâ âPower to amend or modify Schedule 17         
  
  :The appropriate national authority may by regulationsâ
  
  :(a)    amend this Schedule so as to modify its application in relation to penalty notices issued by an authorised officer of an enforcement authority of a particular kind, or	
  :(b)    provide for this Schedule to apply with modifications in relation to such notices.ââ
  
  
  
  At the time of the vote Section 5 of the Health Act 2006[3] already gave ministers powers to require vehicles to be smoke free, and permitted  them to describe which vehicles, in which circumstances, and in which areas any such law applies to and to make exemptions. The effect of the new clause was to illustrate a specific manner in which ministers could use this delegated power. 
  
  This vote by MPs in the House of Commons came about following a [http://www.publicwhip.org.uk/division.php?date=2014-01-29&number=1&house=lords House of Lords vote on the 29th of January 2014].
  
  The day following the vote the Government reportedly expressed an intent to use their powers to ban smoking in cars with children present by the time of the 2015 General Election. [4]
  
  
  
  * [1] [http://services.parliament.uk/bills/2013-14/childrenandfamilies.html Parliament's webpage on the Children and Families Bill 2012-13 to 2013-14]
  * [2] [http://www.publications.parliament.uk/pa/bills/cbill/2013-2014/0171/14171.26-32.html Page of Lords Amendments to the Bill containing the text of Lords' amendment 125] 
  * [3] [http://www.legislation.gov.uk/ukpga/2006/28/section/5 Section 5 of the Health Act 2006]
  * [4] [http://www.theguardian.com/society/2014/feb/11/ministers-hope-ban-smoking-cars-children-election Ministers hope to ban smoking in cars carrying children before election - Rowena Mason - Guardian -   Tuesday 11 February 2014 09.31 GMT]
  --- COMMENTS AND NOTES ---
  
  (put thoughts and notes for other researchers here)
  