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Health Bill


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

1

 

A

Bill

To

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

vehicles and for amending the minimum age of persons to whom tobacco may

be sold; 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

Smoking

Chapter 1

Smoke-free premises, places and vehicles

Introduction

5

1       

Introduction

(1)   

This Chapter makes provision for the prohibition of smoking in certain

premises, places and vehicles which are smoke-free by virtue of this Chapter.

(2)   

In this Chapter—

 
HL Bill 7654/1
 
 

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

2

 

(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

which contains tobacco, or being in possession of any other lit

substance in a form in which it could be smoked.

5

(3)   

In this Chapter, “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.

10

   

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

20

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.

30

(8)   

“Work”, in subsection (2), includes voluntary work.

3       

Smoke-free premises: exemptions

(1)   

The appropriate national authority may make regulations providing for

specified descriptions of premises, or specified areas within specified

descriptions of premises, not to be smoke-free despite section 2.

35

(2)   

Descriptions of premises which may be specified under subsection (1) include,

in particular, any 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).

(3)   

The power to make regulations under subsection (1) is not exercisable so as to

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specify any description of—

 
 

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

3

 

(a)   

premises in respect of which a premises licence under the Licensing Act

2003 (c. 17) authorising the consumption of alcohol on the premises has

effect,

(b)   

premises in respect of which a club premises certificate (within the

meaning of section 60 of that Act) has effect.

5

(4)   

But subsection (3) does not prevent the exercise of that power so as to specify

any area, within a specified description of premises mentioned in subsection

(3), where a person has his home, or is living whether permanently or

temporarily.

(5)   

The regulations may provide, in relation to any description of premises or

10

areas of premises specified in the regulations, that the premises or areas are not

smoke-free—

(a)   

in specified circumstances,

(b)   

if specified conditions are satisfied, or

(c)   

at specified times,

15

   

or any combination of those.

(6)   

The conditions may include 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.

4       

Additional smoke-free places

20

(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

substantially enclosed.

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(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

description, to be smoke-free only—

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(a)   

in specified circumstances,

(b)   

at specified times,

(c)   

if specified conditions are satisfied,

(d)   

in specified areas,

   

or any combination of those.

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5       

Vehicles

(1)   

The appropriate national authority may make regulations providing for

vehicles to be smoke-free.

(2)   

The regulations may in particular make provision—

(a)   

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

40

(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.

 
 

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

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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 on ships), including that section as applied by any Order in

5

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, at the end add—

“(8)   

Safety regulations which make provision in respect of the prohibition

of smoking on any ship (“the smoking provisions”) may include

10

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

removal of any person so appointed,

15

(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

enforcement functions, powers corresponding to those which

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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

provisions of that Act in relation to smoking),

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(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 9 of and Schedule 1 to the

Health Act 2006 (which provide for the giving by authorised

officers of penalty notices in respect of such an offence).

30

   

In this subsection, “smoking” has the same meaning as in Chapter 1 of

Part 1 of the Health Act 2006.”

(5)   

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

aircraft and hovercraft.

No-smoking signs

35

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

with the requirements of this section.

40

(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.

   

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

45

regulations.

 
 

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

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(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

the appropriate national authority (for example, requirements as to content,

size, design, colour, or wording).

5

(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

show —

(a)   

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

10

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

know, that no-smoking signs complying with the requirements of this

section were not being displayed in accordance with the requirements

15

of this section, or

(c)   

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

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

20

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

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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(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 Chapter.

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

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—

(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.

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(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

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

40

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

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

 
 

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

6

 

(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.

8       

Offence of failing to prevent smoking in smoke-free place

(1)   

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

5

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,

(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)   

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

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

(4)   

It is a defence for a person charged with an offence under subsection (3) to

15

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

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

duty.

(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

25

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

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

30

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 Chapter.

Fixed penalties

9       

Fixed penalties

(1)   

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

35

reason to believe that a person has committed an offence under section 6(5) or

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.

(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

40

penalty in accordance with this Chapter.

(3)   

Schedule 1 makes further provision about fixed penalties.

 
 

 
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