Smoking in Private Vehicles Bill (HC Bill 207)




Require the Secretary of State to make provision for a ban on smoking in
private vehicles where there are children present; and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

1 Regulations

(1) The Secretary of State must, within three months of the passing of this Act, lay
draft regulations to ban smoking in private vehicles where there are children
present who are under the age of 18.

(2) 5Regulations under this section are to be made by statutory instrument and may
not be made unless a draft of the instrument has been laid before and approved
by a resolution of each House of Parliament.

2 Amendment of Health Act 2006

In section 5 of the Health Act 2006, after subsection (2)(b) insert—

(ba) 10for them to be smoke-free if children under the age of 18 are

3 Amendment of Smoke-free (Exemptions and Vehicles) Regulations 2007

In regulation 11 of the Smoke-free (Exemptions and Vehicles) Regulations
2007, before sub-paragraph (a) insert—

(za) 15for private purposes, to carry children under the age of 18 while
such children are in such vehicle or part of such vehicle;.

4 Offence

(1) A person who acts in contravention of regulations made under section 1
commits an offence.

(2) 20A person guilty of an offence under this Act is liable—

Smoking in Private Vehicles BillPage 2

(a) on summary conviction to imprisonment for a term not exceeding six
months, or a unlimited fine or both, or

(b) on conviction on indictment to imprisonment for a term not exceeding
2 years, or a unlimited fine, or both.

5 5Short title, commencement and extent

(1) This Act may be cited as the Smoking in Private Vehicles Act 2011.

(2) This Act shall come into force on the day after the day on which it is passed.

(3) This Act extends to England only.