Smoking Ban Regulations
Health Act 2006 (Smoke-free Premises and Vehicles)
The Department of Health (DoH) has now published the first set of Regulations in relation to the smoking ban. The Smoke-free (Premises and Enforcement) Regulations were laid before Parliament and contain the final definitions of "enclosed" and "substantially enclosed" premises which remain unchanged from the draft position. The Regulations also give details of designated enforcement authorities.
DoH has confirmed that these Regulations are final and applicable immediately to come into force on 1st July 2007. A message to this effect will also be communicated by DoH through the LGA to all local authority enforcement bodies. The Regulations mirror those introduced earlier this year in Scotland and should now enable companies to continue their preparations for implementation based on experiences in Scotland, including, where appropriate, full discussions with local authorities.
DoH has announced that further guidance will be produced for local authorities, businesses and other enforcement authorities about definitions.
During consultation on the Health Bill three sets of draft Regulations were proposed but DoH has announced that the smoke-free provisions of the Health Act will be introduced through a total of five sets of Regulations, the other four being:
2. The Smoke-free (Signs) Regulations 2007
The final Regulations will not be laid before Parliament until after the completion of the three month consultation period in Europe required under the Technical Standards Directive. This procedure is considered to be a formality and the Regulations as currently set out are not expected to change. Details of signage requirements will therefore be available well in advance of the implementation date. The Regulations contain a small concession compared with the draft proposals circulated earlier this year, namely that where premises are located within other smoke-free premises that already display the required A5 no-smoking sign (i.e. shopping centres, railway stations etc), only the international no smoking symbol will be required. Staff entrances will also be permitted to display only the international no smoking symbol so long as premises carry at least one A5 sign at one entrance.
Further Regulations to be published in the New Year relate to:
3. Smoke-free (Offences in Vehicles and format for fixed penalty notices)
4. Smoke-free (Exemptions and Vehicles)
5. Smoke-free (Penalties and Discounted Amounts)
The final two sets of Regulations will be subject to Parliamentary debate (affirmative resolution) and the last set of Regulations (5) apply also in Wales.
Copies of the published Regulations and further details about the other three sets of Regulations can be found on the Smoke-free England website: http://www.smokefreeengland.co.uk/thefacts/situation.html
Additional Documentation
Guide to the Smoking Ban
Explanatory Memorandum
Smoke-free Regulations 2006 (Premises and Enforcement)
Smoke-free Regulations 2007 (Signs)
Impact Assessment
An analysis of consultation responses