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Make provision for the prohibition of smoking in certain premises, places and |
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vehicles; to make provision in relation to the prevention and control of health |
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care associated infections; to make provision in relation to the management |
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and use of controlled drugs; to make provision in relation to the supervision of |
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certain dealings with medicinal products and the running of pharmacy |
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premises, and about orders under the Medicines Act 1968 and orders |
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amending that Act under the Health Act 1999; to make further provision about |
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the National Health Service in England and Wales and about the recovery of |
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National Health Service costs; to make provision for the establishment and |
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functions of the Appointments Commission; to make further provision about |
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the exercise of social care training functions; and for connected purposes. |
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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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Smoke-free premises, places and vehicles |
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(1) | This Part makes provision for the prohibition of smoking in certain premises, |
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places and vehicles which are smoke-free by virtue of this Part. |
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(a) | “smoking” refers to smoking tobacco or anything which contains |
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tobacco, or smoking any other substance; and |
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(b) | smoking includes being in possession of lit tobacco or of anything lit |
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which contains tobacco, or being in possession of any other lit |
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substance in a form in which it could be smoked. |
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(3) | In this Part, “smoke” and other related expressions are to be read in accordance |
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Smoke-free premises, etc. |
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(1) | Premises are smoke-free if they are open to the public. |
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| But unless the premises also fall within subsection (2), they are smoke-free only |
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(2) | Premises are smoke-free if they are used as a place of work— |
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(a) | by more than one person (even if the persons who work there do so at |
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different times, or only intermittently), or |
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(b) | where members of the public might attend for the purpose of seeking |
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or receiving goods or services from the person or persons working |
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there (even if members of the public are not always present). |
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| They are smoke-free all the time. |
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(3) | If only part of the premises is open to the public or (as the case may be) used as |
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a place of work mentioned in subsection (2), the premises are smoke-free only |
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(4) | In any case, premises are smoke-free only in those areas which are enclosed or |
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(5) | The appropriate national authority may specify in regulations what “enclosed” |
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and “substantially enclosed” mean. |
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(6) | Section 3 provides for some premises, or areas of premises, not to be smoke- |
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free despite this section. |
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(7) | Premises are “open to the public” if the public or a section of the public has |
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access to them, whether by invitation or not, and whether on payment or not. |
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(8) | “Work”, in subsection (2), includes voluntary work. |
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(1) | The appropriate national authority may make regulations providing for |
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specified descriptions of premises, or specified areas of them, not to be smoke- |
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(2) | Examples of descriptions of premises which may be specified are the |
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following, or any subset of the following— |
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(a) | premises where a person has his home, or is living whether |
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permanently or temporarily (including hotels, care homes and prisons |
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and other places where a person may be detained), |
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(c) | premises in respect of which a club premises certificate is in force. |
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(3) | The regulations may provide that premises or areas of premises are not smoke- |
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free in specified circumstances, if specified conditions are satisfied, or at |
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specified times (or any combination of those). |
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(4) | The conditions may include— |
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(a) | in the case of licensed premises, conditions about what else (apart from |
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alcohol) is or is not sold, offered for consumption or consumed there, |
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(b) | in the case of any premises, conditions requiring the designation in |
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accordance with the regulations, by the person in charge of the |
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premises, of any rooms in which smoking is to be permitted. |
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“club premises certificate” has the meaning given by section 60 of the |
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Licensing Act 2003 (c. 17), |
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“licensed premises” means premises in respect of which there is in force a |
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premises licence under the Licensing Act 2003 authorising the |
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consumption of alcohol on the premises. |
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4 | Additional smoke-free places |
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(1) | The appropriate national authority may make regulations designating as |
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smoke-free any place or description of place that is not smoke-free under |
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(2) | The place, or places falling within the description, need not be enclosed or |
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(3) | The appropriate national authority may designate a place or description of |
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place under this section only if satisfied that, without the designation, persons |
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present there would be likely to be exposed to smoke. |
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(4) | The regulations may provide for such places, or places falling within the |
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description, to be smoke-free only— |
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(a) | in specified circumstances, |
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(c) | if specified conditions are satisfied, |
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| or any combination of those. |
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(1) | The appropriate national authority may make regulations providing for |
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vehicles to be smoke-free. |
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(2) | The regulations may in particular make provision— |
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(a) | for the descriptions of vehicle which are to be smoke-free, |
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(b) | for the circumstances in which they are to be smoke-free, |
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(c) | for them to be smoke-free only in specified areas, or except in specified |
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(3) | In this Part, “vehicle” means every type of vehicle, including train, vessel, |
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(1) | It is the duty of any person who occupies or is concerned in the management |
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of smoke-free premises to make sure that no-smoking signs complying with |
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the requirements of this section are displayed in those premises in accordance |
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with the requirements of this section. |
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(2) | Regulations made by the appropriate national authority may provide for a |
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duty corresponding to that mentioned in subsection (1) in relation to— |
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(a) | places which are smoke-free by virtue of section 4, |
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(b) | vehicles which are smoke-free by virtue of section 5. |
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| The duty is to be imposed on persons or descriptions of person specified in the |
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(3) | The signs must be displayed in accordance with any requirements contained in |
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regulations made by the appropriate national authority. |
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(4) | The signs must conform to any requirements specified in regulations made by |
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the appropriate national authority (for example, requirements as to content, |
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size, design, colour, or wording). |
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(5) | A person who fails to comply with the duty in subsection (1), or any |
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corresponding duty in regulations under subsection (2), commits an offence. |
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(6) | It is a defence for a person charged with an offence under subsection (5) to |
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(a) | that he did not know, and could not reasonably have been expected to |
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know, that the premises were smoke-free (or, as the case may be, that |
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the place or vehicle was smoke-free), or |
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(b) | that he did not know, and could not reasonably have been expected to |
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know, that no-smoking signs complying with the requirements of this |
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section were not being displayed in accordance with the requirements |
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(c) | that on other grounds it was reasonable for him not to comply with the |
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(7) | If a person charged with an offence under subsection (5) relies on a defence in |
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subsection (6), and evidence is adduced which is sufficient to raise an issue |
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with respect to that defence, the court must assume that the defence is satisfied |
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unless the prosecution proves beyond reasonable doubt that it is not. |
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(8) | A person guilty of an offence under subsection (5) is liable on summary |
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conviction to a fine not exceeding a level on the standard scale specified in |
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regulations made by the Secretary of State. |
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(9) | The references in this section, however expressed, to premises, places or |
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vehicles which are smoke-free, are to those premises, places or vehicles so far |
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as they are smoke-free under or by virtue of this Part. |
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Offences relating to smoking in smoke-free premises, etc. |
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7 | Offence of smoking in smoke-free place |
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(1) | In this section, a “smoke-free place” means any of the following— |
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(a) | premises, so far as they are smoke-free under or by virtue of sections 2 |
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(b) | a place, so far as it is smoke-free by virtue of section 4, |
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(c) | a vehicle, so far as it is smoke-free by virtue of section 5. |
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(2) | A person who smokes in a smoke-free place commits an offence. |
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(3) | It is a defence for a person charged with an offence under subsection (2) to |
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show that he did not know, and could not reasonably have been expected to |
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know, that it was a smoke-free place. |
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(4) | If a person charged with an offence under this section relies on a defence in |
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subsection (3), and evidence is adduced which is sufficient to raise an issue |
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with respect to that defence, the court must assume that the defence is satisfied |
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unless the prosecution proves beyond reasonable doubt that it is not. |
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(5) | A person guilty of an offence under this section is liable on summary |
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conviction to a fine not exceeding a level on the standard scale specified in |
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regulations made by the Secretary of State. |
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8 | Fixed penalties for offence of smoking in smoke-free place |
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(1) | An authorised officer of an enforcement authority (see section 10) who has |
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reason to believe that a person has committed an offence under section 7(2) on |
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premises, or in a place or vehicle, in relation to which the authorised officer has |
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functions may give him a penalty notice in respect of the offence. |
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(2) | A penalty notice is a notice offering a person the opportunity to discharge any |
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liability to conviction for the offence to which the notice relates by paying a |
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penalty in accordance with this Part. |
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(3) | Schedule 1 makes further provision about fixed penalties. |
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9 | Offence of failing to prevent smoking in smoke-free place |
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(1) | It is the duty of any person who controls or is concerned in the management of |
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smoke-free premises to cause a person smoking there to stop smoking. |
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(2) | Regulations made by the appropriate national authority may provide for a |
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duty corresponding to that mentioned in subsection (1) in relation to— |
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(a) | places which are smoke-free by virtue of section 4, |
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(b) | vehicles which are smoke-free by virtue of section 5. |
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| The duty is to be imposed on persons or descriptions of person specified in the |
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(3) | A person who fails to comply with the duty in subsection (1), or any |
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corresponding duty in regulations under subsection (2), commits an offence. |
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(4) | It is a defence for a person charged with an offence under subsection (3) to |
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(a) | that he took reasonable steps to cause the person in question to stop |
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(b) | that he did not know, and could not reasonably have been expected to |
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know, that the person in question was smoking, or |
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(c) | that on other grounds it was reasonable for him not to comply with the |
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(5) | If a person charged with an offence under this section relies on a defence in |
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subsection (4), and evidence is adduced which is sufficient to raise an issue |
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with respect to that defence, the court must assume that the defence is satisfied |
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unless the prosecution proves beyond reasonable doubt that it is not. |
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(6) | A person guilty of an offence under this section is liable on summary |
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conviction to a fine not exceeding a level on the standard scale specified in |
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regulations made by the Secretary of State. |
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(7) | The references in this section, however expressed, to premises, places or |
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vehicles which are smoke-free, are to those premises, places or vehicles so far |
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as they are smoke-free under or by virtue of this Part. |
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(1) | The appropriate national authority may make regulations designating the |
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bodies or descriptions of body which are to be enforcement authorities for the |
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(a) | must specify the descriptions of premises, place or vehicle in relation to |
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which an enforcement authority has enforcement functions, |
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(b) | may provide for a case being dealt with by one enforcement authority |
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to be transferred (or further transferred, or transferred back) to, and |
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taken over by, another enforcement authority. |
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(3) | It is the duty of an enforcement authority to enforce, as respects the premises, |
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places and vehicles in relation to which it has enforcement functions, the |
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provisions of this Part and regulations made under it. |
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(4) | The appropriate national authority may direct, in relation to cases of a |
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particular description or a particular case, that any duty imposed on an |
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enforcement authority by subsection (3) is to be discharged instead by the |
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appropriate national authority. |
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(5) | In this Part, “authorised officer”, in relation to an enforcement authority, means |
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any person (whether or not an officer of the authority) who is authorised by it |
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in writing, either generally or specially, to act in matters arising under this Part. |
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(6) | If regulations under this section so provide, no person is to be so authorised |
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unless he has such qualifications as are prescribed by the regulations. |
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(7) | Schedule 2 makes provision about powers of entry, etc. |
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11 | Obstruction etc. of officers |
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(1) | Any person who intentionally obstructs an authorised officer of an |
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enforcement authority, acting in the exercise of his functions under or by virtue |
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of this Part, commits an offence. |
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(2) | Any person who without reasonable cause fails to give to an authorised officer |
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of an enforcement authority, acting in the exercise of his functions under or by |
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virtue of this Part, any facilities, assistance or information which the authorised |
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officer reasonably requires of him for the performance of those functions |
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(3) | A person commits an offence if, in purported compliance with any |
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requirement of an authorised officer mentioned in subsection (2)— |
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(a) | he makes a statement which is false or misleading, and |
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(b) | he either knows that it is false or misleading or is reckless as to whether |
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it is false or misleading. |
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| “False or misleading” means false or misleading in a material particular. |
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(4) | A person guilty of an offence under this section is liable on summary |
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conviction to a fine not exceeding level 3 on the standard scale. |
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(5) | If a direction of the appropriate national authority has effect under section |
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10(4), this section has effect, in relation to any case or case of a description |
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specified in the direction, as if references to an authorised officer of an |
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enforcement authority were to a person acting on behalf of the appropriate |
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12 | Interpretation and territorial sea |
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“authorised officer” has the meaning given by section 10(5), |
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“premises” includes a tent, a moveable structure and an offshore |
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installation (as defined in regulation 3 of the Offshore Installations and |
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Pipeline Works (Management and Administration) Regulations 1995 |
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“specified”, in relation to regulations, means specified in the regulations, |
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“vehicle” is to be construed in accordance with section 5(3). |
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(2) | The appropriate national authority may by order provide for the definition of |
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“premises” in subsection (1) to be read as if a reference to another enactment |
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were substituted for the reference to regulation 3 of the Offshore Installations |
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and Pipeline Works (Management and Administration) Regulations 1995. |
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(a) | has effect in relation to the territorial sea adjacent to England as it has |
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effect in relation to England, and |
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(b) | has effect in relation to the territorial sea adjacent to Wales as it has |
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effect in relation to Wales. |
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(4) | The following have effect for the purposes of subsection (3) if or in so far as |
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expressed to apply for the general or residual purposes of the Act in question |
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or for the purposes of this section— |
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(a) | an Order in Council under section 126(2) of the Scotland Act 1998 |
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(b) | an order or Order in Council under or by virtue of section 155(2) of the |
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Government of Wales Act 1998 (c. 38). |
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