Health Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Health Bill

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

A
Bill
[AS AMENDED IN STANDING COMMITTEE E]
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

Bill 110 54/1

Health Bill
Part 1 — Smoke-free premises, places and vehicles
2

(b)
smoking includes being in possession of lit tobacco or of anything lit
which contains tobacco, or being in possession of any other lit
substance in a form in which it could be smoked.
(3)
In this Part, “smoke” and other related expressions are to be read in accordance
with subsection (2).
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Smoke-free premises, etc.
2
Smoke-free premises
(1)
Premises are smoke-free if they are open to the public.

But unless the premises also fall within subsection (2), they are smoke-free only
when open to the public.
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(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
(b)
where members of the public might attend for the purpose of seeking
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).

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
a place of work mentioned in subsection (2), the premises are smoke-free only
to that extent.
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(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”
and “substantially enclosed” mean.
(6)
Section 3 provides for some premises, or areas of premises, not to be smoke-
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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.
(8)
“Work”, in subsection (2), includes voluntary work.
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Exemptions
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(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.
(2)
Examples of descriptions of premises which may be specified are the
following, or any subset of the following—
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(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),
(b)
licensed premises,
(c)
premises in respect of which a club premises certificate is in force.
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Health Bill
Part 1 — Smoke-free premises, places and vehicles
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(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).
(4)
The conditions may include—
(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,
(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)
In this section—
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“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
consumption of alcohol on the premises.
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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.
(2)
The place, or places falling within the description, need not be enclosed or
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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.
(4)
The regulations may provide for such places, or places falling within the
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description, to be smoke-free only—
(a)
in specified circumstances,
(b)
at specified times,
(c)
if specified conditions are satisfied,
(d)
in specified areas,
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or any combination of those.
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Vehicles
(1)
The appropriate national authority may make regulations providing for
vehicles to be smoke-free.
(2)
The regulations may in particular make provision—
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(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,
(d)
for exemptions.
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(3)
The power to make regulations under this section is not exercisable in relation
to—
(a)
any ship or hovercraft in relation to which regulations could be made
under section 85 of the Merchant Shipping Act 1995 (c. 21) (safety and

Health Bill
Part 1 — Smoke-free premises, places and vehicles
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health on ships), including that section as applied by any Order in
Council under section 1(1)(h) of the Hovercraft Act 1968 (c. 59), or
(b)
persons on any such ship or hovercraft.
(4)
In section 85 of the Merchant Shipping Act 1995 (c. 21), at the end add—
“(8)
Safety regulations which make provision in respect of the prohibition
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of smoking on any ship (“the smoking provisions”) may include
provision—
(a)
for the appointment by the Secretary of State of persons to
enforce the smoking provisions (whether in respect of ships
generally or for any particular case or purpose), and for the
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removal of any person so appointed,
(b)
for such persons (if they are not surveyors of ships appointed
under section 256) to have the powers of such surveyors for the
purposes of their enforcement functions,
(c)
for any such persons to have, for the purposes of their
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enforcement functions, powers corresponding to those which
authorised officers have under paragraphs 2(b) to (e), 3 and 4,
as read with paragraphs 5 and 9, of Schedule 2 to the Health Act
2006 (which confers powers of entry, etc., on authorised officers
of enforcement authorities in relation to the enforcement of the
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provisions of that Act in relation to smoking),
(d)
in relation to an offence of smoking in a place where smoking is
prohibited under the smoking provisions, for purposes
corresponding to those of section 8 of and Schedule 1 to the
Health Act 2006 (which provide for the giving by authorised
25
officers of penalty notices in respect of such an offence).

In this subsection, “smoking” has the same meaning as in Part 1 of the
Health Act 2006.”
(5)
In this Part, “vehicle” means every type of vehicle, including train, vessel,
aircraft and hovercraft.
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No-smoking signs
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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
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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.
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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.

Health Bill
Part 1 — Smoke-free premises, places and vehicles
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(4)
The signs must conform to any requirements specified in regulations made by
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.
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(6)
It is a defence for a person charged with an offence under subsection (5) to
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
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(b)
that he did not know, and could not reasonably have been expected to
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
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duty.
(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.
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(8)
A person guilty of an offence under subsection (5) 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.
(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
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as they are smoke-free under or by virtue of this Part.
Offences relating to smoking in smoke-free premises, etc.
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Offence of smoking in smoke-free place
(1)
In this section, a “smoke-free place” means any of the following—
(a)
premises, so far as they are smoke-free under or by virtue of sections 2
30
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.
(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
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
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.
(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.