What is the law about smoking?

The legislation which prohibits smoking in enclosed workplaces and public places is Part 1 of the Health Act 2006. Schedules 1 and 2 to the Act contain the powers of authorised officers and the details of the fixed penalty notices.

The specific requirements are contained in several separate sets of regulations:

  1. The Smokefree (Premises and Enforcement) Regulations set out what is meant by enclosed and substantially enclosed and the bodies responsible for enforcing smokefree legislation.
  2. The Smokefree (Exemptions and Vehicles) Regulations set out the exemptions to smokefree legislation, and specifies vehicles required to be smokefree.
  3. The Smokefree (Penalties and Discounted Amounts) Regulations set out the levels of penalties for offences under smokefree legislation.
  4. The Smokefree (Vehicle Operators and Penalty Notices) Regulations set out the responsibility on vehicle operators to prevent smoking in smokefree vehicles and the form for fixed penalty notices.
  5. The Smokefree (Signs) Regulations set out the requirement for no-smoking signs required under smokefree legislation.

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