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Health Bill


Health Bill
Part 1 — Smoke-free premises, places and vehicles

1

 

A

Bill

To

Make provision for the prohibition of smoking in certain premises, places and

vehicles; to make provision in relation to the prevention and control of health

care associated infections; to make provision in relation to the management

and use of controlled drugs; to make provision in relation to the supervision of

certain dealings with medicinal products and the running of pharmacy

premises, and about orders under the Medicines Act 1968 and orders

amending that Act under the Health Act 1999; to make further provision about

the National Health Service in England and Wales and about the recovery of

National Health Service costs; to make provision for the establishment and

functions of the Appointments Commission; to make further provision about

the exercise of social care training functions; 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:—

Part 1

Smoke-free premises, places and vehicles

Introduction

1       

Introduction

(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.

(2)   

In this Part—

(a)   

“smoking” refers to smoking tobacco or anything which contains

tobacco, or smoking any other substance; and

(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

substance in a form in which it could be smoked.

 
Bill 6954/1
 
 

Health Bill
Part 1 — Smoke-free premises, places and vehicles

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(3)   

In this Part, “smoke” and other related expressions are to be read in accordance

with subsection (2).

Smoke-free premises, etc.

2       

Smoke-free premises

(1)   

Premises are smoke-free if they are open to the public.

5

   

But unless the premises also fall within subsection (2), they are smoke-free only

when open to the public.

(2)   

Premises are smoke-free if they are used as a place of work—

(a)   

by more than one person (even if the persons who work there do so at

different times, or only intermittently), or

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(b)   

where members of the public might attend for the purpose of seeking

or receiving goods or services from the person or persons working

there (even if members of the public are not always present).

   

They are smoke-free all the time.

(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

to that extent.

(4)   

In any case, premises are smoke-free only in those areas which are enclosed or

substantially enclosed.

(5)   

The appropriate national authority may specify in regulations what “enclosed”

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and “substantially enclosed” mean.

(6)   

Section 3 provides for some premises, or areas of premises, not to be smoke-

free despite this section.

(7)   

Premises are “open to the public” if the public or a section of the public has

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.

3       

Exemptions

(1)   

The appropriate national authority may make regulations providing for

specified descriptions of premises, or specified areas of them, not to be smoke-

free despite section 2.

30

(2)   

Examples of descriptions of premises which may be specified are the

following, or any subset of the following—

(a)   

premises where a person has his home, or is living whether

permanently or temporarily (including hotels, care homes and prisons

and other places where a person may be detained),

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(b)   

licensed premises,

(c)   

premises in respect of which a club premises certificate is in force.

(3)   

The regulations may provide that premises or areas of premises are not smoke-

free in specified circumstances, if specified conditions are satisfied, or at

specified times (or any combination of those).

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(4)   

The conditions may include—

 
 

Health Bill
Part 1 — Smoke-free premises, places and vehicles

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(a)   

in the case of licensed premises, conditions about what else (apart from

alcohol) is or is not sold, offered for consumption or consumed there,

(b)   

in the case of any premises, conditions requiring the designation in

accordance with the regulations, by the person in charge of the

premises, of any rooms in which smoking is to be permitted.

5

(5)   

In this section—

“club premises certificate” has the meaning given by section 60 of the

Licensing Act 2003 (c. 17),

“licensed premises” means premises in respect of which there is in force a

premises licence under the Licensing Act 2003 authorising the

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consumption of alcohol on the premises.

4       

Additional smoke-free places

(1)   

The appropriate national authority may make regulations designating as

smoke-free any place or description of place that is not smoke-free under

section 2.

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(2)   

The place, or places falling within the description, need not be enclosed or

substantially enclosed.

(3)   

The appropriate national authority may designate a place or description of

place under this section only if satisfied that, without the designation, persons

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

description, to be smoke-free only—

(a)   

in specified circumstances,

(b)   

at specified times,

(c)   

if specified conditions are satisfied,

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(d)   

in specified areas,

   

or any combination of those.

5       

Vehicles

(1)   

The appropriate national authority may make regulations providing for

vehicles to be smoke-free.

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(2)   

The regulations may in particular make provision—

(a)   

for the descriptions of vehicle which are to be smoke-free,

(b)   

for the circumstances in which they are to be smoke-free,

(c)   

for them to be smoke-free only in specified areas, or except in specified

areas,

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(d)   

for exemptions.

(3)   

In this Part, “vehicle” means every type of vehicle, including train, vessel,

aircraft and hovercraft.

 
 

Health Bill
Part 1 — Smoke-free premises, places and vehicles

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No-smoking signs

6       

No-smoking signs

(1)   

It is the duty of any person who occupies or is concerned in the management

of smoke-free premises to make sure that no-smoking signs complying with

the requirements of this section are displayed in those premises in accordance

5

with the requirements of this section.

(2)   

Regulations made by the appropriate national authority may provide for a

duty corresponding to that mentioned in subsection (1) in relation to—

(a)   

places which are smoke-free by virtue of section 4,

(b)   

vehicles which are smoke-free by virtue of section 5.

10

   

The duty is to be imposed on persons or descriptions of person specified in the

regulations.

(3)   

The signs must be displayed in accordance with any requirements contained in

regulations made by the appropriate national authority.

(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,

size, design, colour, or wording).

(5)   

A person who fails to comply with the duty in subsection (1), or any

corresponding duty in regulations under subsection (2), commits an offence.

(6)   

It is a defence for a person charged with an offence under subsection (5) to

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show —

(a)   

that he did not know, and could not reasonably have been expected to

know, that the premises were smoke-free (or, as the case may be, that

the place or vehicle was smoke-free), or

(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

section were not being displayed in accordance with the requirements

of this section, or

(c)   

that on other grounds it was reasonable for him not to comply with the

duty.

30

(7)   

If a person charged with an offence under subsection (5) relies on a defence in

subsection (6), and evidence is adduced which is sufficient to raise an issue

with respect to that defence, the court must assume that the defence is satisfied

unless the prosecution proves beyond reasonable doubt that it is not.

(8)   

A person guilty of an offence under subsection (5) is liable on summary

35

conviction to a fine not exceeding a level on the standard scale specified in

regulations made by the Secretary of State.

(9)   

The references in this section, however expressed, to premises, places or

vehicles which are smoke-free, are to those premises, places or vehicles so far

as they are smoke-free under or by virtue of this Part.

40

Offences relating to smoking in smoke-free premises, etc.

7       

Offence of smoking in smoke-free place

(1)   

In this section, a “smoke-free place” means any of the following—

 
 

Health Bill
Part 1 — Smoke-free premises, places and vehicles

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(a)   

premises, so far as they are smoke-free under or by virtue of sections 2

and 3,

(b)   

a place, so far as it is smoke-free by virtue of section 4,

(c)   

a vehicle, so far as it is smoke-free by virtue of section 5.

(2)   

A person who smokes in a smoke-free place commits an offence.

5

(3)   

It is a defence for a person charged with an offence under subsection (2) to

show that he did not know, and could not reasonably have been expected to

know, that it was a smoke-free place.

(4)   

If a person charged with an offence under this section relies on a defence in

subsection (3), and evidence is adduced which is sufficient to raise an issue

10

with respect to that defence, the court must assume that the defence is satisfied

unless the prosecution proves beyond reasonable doubt that it is not.

(5)   

A person guilty of an offence under this section is liable on summary

conviction to a fine not exceeding a level on the standard scale specified in

regulations made by the Secretary of State.

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8       

Fixed penalties for offence of smoking in smoke-free place

(1)   

An authorised officer of an enforcement authority (see section 10) who has

reason to believe that a person has committed an offence under section 7(2) on

premises, or in a place or vehicle, in relation to which the authorised officer has

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

liability to conviction for the offence to which the notice relates by paying a

penalty in accordance with this Part.

(3)   

Schedule 1 makes further provision about fixed penalties.

9       

Offence of failing to prevent smoking in smoke-free place

25

(1)   

It is the duty of any person who controls or is concerned in the management of

smoke-free premises to cause a person smoking there to stop smoking.

(2)   

Regulations made by the appropriate national authority may provide for a

duty corresponding to that mentioned in subsection (1) in relation to—

(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.

   

The duty is to be imposed on persons or descriptions of person specified in the

regulations.

(3)   

A person who fails to comply with the duty in subsection (1), or any

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

show—

(a)   

that he took reasonable steps to cause the person in question to stop

smoking, or

(b)   

that he did not know, and could not reasonably have been expected to

40

know, that the person in question was smoking, or

(c)   

that on other grounds it was reasonable for him not to comply with the

duty.

 
 

Health Bill
Part 1 — Smoke-free premises, places and vehicles

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(5)   

If a person charged with an offence under this section relies on a defence in

subsection (4), and evidence is adduced which is sufficient to raise an issue

with respect to that defence, the court must assume that the defence is satisfied

unless the prosecution proves beyond reasonable doubt that it is not.

(6)   

A person guilty of an offence under this section is liable on summary

5

conviction to a fine not exceeding a level on the standard scale specified in

regulations made by the Secretary of State.

(7)   

The references in this section, however expressed, to premises, places or

vehicles which are smoke-free, are to those premises, places or vehicles so far

as they are smoke-free under or by virtue of this Part.

10

Enforcement

10      

Enforcement

(1)   

The appropriate national authority may make regulations designating the

bodies or descriptions of body which are to be enforcement authorities for the

purposes of this Part.

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(2)   

The regulations—

(a)   

must specify the descriptions of premises, place or vehicle in relation to

which an enforcement authority has enforcement functions,

(b)   

may provide for a case being dealt with by one enforcement authority

to be transferred (or further transferred, or transferred back) to, and

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taken over by, another enforcement authority.

(3)   

It is the duty of an enforcement authority to enforce, as respects the premises,

places and vehicles in relation to which it has enforcement functions, the

provisions of this Part and regulations made under it.

(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

enforcement authority by subsection (3) is to be discharged instead by the

appropriate national authority.

(5)   

In this Part, “authorised officer”, in relation to an enforcement authority, means

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.

(6)   

If regulations under this section so provide, no person is to be so authorised

unless he has such qualifications as are prescribed by the regulations.

(7)   

Schedule 2 makes provision about powers of entry, etc.

11      

Obstruction etc. of officers

35

(1)   

Any person who intentionally obstructs an authorised officer of an

enforcement authority, acting in the exercise of his functions under or by virtue

of this Part, commits an offence.

(2)   

Any person who without reasonable cause fails to give to an authorised officer

of an enforcement authority, acting in the exercise of his functions under or by

40

virtue of this Part, any facilities, assistance or information which the authorised

officer reasonably requires of him for the performance of those functions

commits an offence.

 
 

Health Bill
Part 1 — Smoke-free premises, places and vehicles

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(3)   

A person commits an offence if, in purported compliance with any

requirement of an authorised officer mentioned in subsection (2)—

(a)   

he makes a statement which is false or misleading, and

(b)   

he either knows that it is false or misleading or is reckless as to whether

it is false or misleading.

5

   

“False or misleading” means false or misleading in a material particular.

(4)   

A person guilty of an offence under this section is liable on summary

conviction to a fine not exceeding level 3 on the standard scale.

(5)   

If a direction of the appropriate national authority has effect under section

10(4), this section has effect, in relation to any case or case of a description

10

specified in the direction, as if references to an authorised officer of an

enforcement authority were to a person acting on behalf of the appropriate

national authority.

Interpretation, etc.

12      

Interpretation and territorial sea

15

(1)   

In this Part—

“authorised officer” has the meaning given by section 10(5),

“premises” includes a tent, a moveable structure and an offshore

installation (as defined in regulation 3 of the Offshore Installations and

Pipeline Works (Management and Administration) Regulations 1995

20

(S.I. 1995/738)),

“specified”, in relation to regulations, means specified in the regulations,

“vehicle” is to be construed in accordance with section 5(3).

(2)   

The appropriate national authority may by order provide for the definition of

“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

and Pipeline Works (Management and Administration) Regulations 1995.

(3)   

This Part—

(a)   

has effect in relation to the territorial sea adjacent to England as it has

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

effect in relation to Wales.

(4)   

The following have effect for the purposes of subsection (3) if or in so far as

expressed to apply for the general or residual purposes of the Act in question

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

(c. 46),

(b)   

an order or Order in Council under or by virtue of section 155(2) of the

Government of Wales Act 1998 (c. 38).

 
 

 
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