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enable
the National Assembly for Wales to prohibit or restrict the smoking
of |
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tobacco products by any person
in a public place in Wales; to enable functions |
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to be transferred to the National
Assembly for Wales in that connection; and |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled, and
by the authority of the same, as follows:— |
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Prohibition or restriction
of smoking in enclosed public places in Wales |
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1 |
Prohibition
or restriction of smoking in enclosed public places |
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The Assembly may by regulations
make provision for the prohibition or |
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restriction of the smoking
of tobacco products by any person in an enclosed |
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If smoking in an enclosed
public place is prohibited or restricted by regulations |
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under section 1,
the Assembly may by regulations make provision requiring |
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the display in an enclosed
public place in Wales of a sign indicating to the |
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(a) |
that smoking is prohibited
or, as the case may be, restricted in that |
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(b) |
the name of the occupier,
manager or other person for the time being in |
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(c) |
the name of the person (being
the occupier, manager or other person for |
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the time being in charge of
the place) to whom a complaint may be |
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made by a member of the public
for the time being present in the place |
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who observes another person
smoking in that place in contravention of |
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a prohibition or restriction. |
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(1) |
The Assembly may by regulations
prescribe— |
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(a) |
offences for activities specified
in subsection (2), |
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(b) |
circumstances in which a
person is, or is not, guilty of such offences, |
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(c) |
in respect of such offences,
penalties which fall within subsection (4). |
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(2) |
The activities specified
in this subsection are those which are in contravention |
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(a) |
a prohibition or restriction
provided for in regulations under section 1,
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(b) |
a requirement imposed by regulations
under section 2. |
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(3) |
The following persons may
be guilty of an offence prescribed by regulations |
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(a) |
the person who is smoking
or has smoked in contravention of a |
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prohibition or restriction, |
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(b) |
the occupier of an enclosed
public place, |
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(c) |
the manager of an enclosed
public place, |
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(d) |
any person (not being an
occupier or a manager) for the time being in |
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charge of an enclosed public
place. |
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(4) |
A penalty falls within this
subsection if it— |
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(a) |
makes a person specified
in subsection (3) liable on summary |
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conviction to a fine not exceeding
level 3 on the standard scale, or |
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(b) |
involves the giving of a
notice to a person specified in subsection (3) |
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offering that person the opportunity
of discharging any liability to |
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conviction for an offence
by payment of a fixed penalty (“a fixed |
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(5) |
Regulations under subsection
(1) may prescribe— |
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(a) |
the manner in which a fixed
penalty notice is to be served, |
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(b) |
the content of a fixed penalty
notice, and |
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(c) |
the amount of a fixed penalty,
which may not exceed the amount of a |
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fine of level 1 on the standard
scale. |
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Power to transfer functions |
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4 |
Power
to transfer Ministerial functions |
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(1) |
Her Majesty may by Order
in Council provide for the transfer to the Assembly |
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of any function which is
exercisable by a Minister of the Crown in relation to |
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Wales where the Secretary
of State is satisfied that the transfer is necessary in |
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order for the Assembly to
give effect to regulations made under section 1,
2
or |
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(2) |
An Order in Council under
this section may contain any appropriate |
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consequential, incidental,
supplementary or transitional provisions or savings |
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(including provisions in
the form of amendments or repeals of enactments). |
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(3) |
No recommendation shall
be made to Her Majesty in Council to make an order |
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in Council under this section— |
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(a) |
unless
a draft of the statutory instrument containing the Order in |
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Council has been laid before,
and approved by a resolution of, each |
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(b) |
in the case of an Order in
Council varying or revoking a previous Order |
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in Council, unless such a
draft has also been laid before, and approved |
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by a resolution of, the Assembly. |
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(4) |
Paragraphs 1, 5, 9, 10 and
12 of Schedule 3 to the Government
of Wales Act 1998 |
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(c. 38) (transfer etc.
of functions: further provisions) apply to the power to |
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make an Order in Council
under this section as they apply to the power to |
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make an Order in Council
under section 22 of that Act. |
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Miscellaneous and final
provisions |
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(1) |
A power to make regulations
or an order under this Act is exercisable by |
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(2) |
Regulations or an order
under this Act may make different provision for |
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different purposes or for
different cases. |
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(3) |
Regulations or an order under
this Act may make— |
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(a) |
any appropriate consequential,
incidental or supplementary provision; |
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(b) |
any appropriate transitory,
transitional or saving provision. |
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“the Assembly”
means the National Assembly for Wales; |
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“enactment”
includes subordinate legislation; |
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“enclosed public
place” means any premises to which at the material time
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the public or any section
of the public has access on payment or |
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otherwise as of right or
by virtue of express or implied permission; |
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“premises”
means any permanent or temporary building or any part of |
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such a building, or any structure,
and for this purpose “structure” |
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includes a tent, caravan,
vehicle or vessel or other temporary or |
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“smoking” means
holding a lighted cigarette, cigar, pipe or any other |
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lighted tobacco product and
cognate expressions shall be construed |
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“tobacco products”
means any product consisting wholly or partly of |
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“Wales” includes
the sea adjacent to Wales out as far as the seaward |
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boundary of the territorial
sea. |
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7 |
Short
title and commencement |
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(1) |
This Act may be cited as
the Smoking in Public Places (Wales) Act 2005. |
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(2) |
Sections 1,
2
and 3
come into force on such day as the Assembly may by order |
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