Public Health (Wales) Act 2017 (anaw2)

(introduced by section 29)

SCHEDULE 2 SMOKING: CONSEQUENTIAL AMENDMENTS

Health Act 2006 (c.28)

1 The Health Act 2006 is amended as follows.

2 In the heading to Chapter 1 of Part 1 after “vehicles” insert “in England”.

3 In section 1 (introduction), in subsection (1) after “vehicles” insert “in England”.

4 In section 2 (smoke-free premises)—

(a) in subsection (1) after “Premises” insert “in England”;

(b) in subsection (2) after “Premises” insert “in England”;

(c) in subsection (5) for “appropriate national authority” substitute “Secretary of State”.

5 In section 3 (smoke-free premises (exemptions)), in subsection (1)—

(a) for “appropriate national authority” substitute “Secretary of State”;

(b) after “premises” in both places insert “in England”.

6 In section 4 (additional smoke-free places)—

(a) in subsection (1)—

(i) for “appropriate national authority” substitute “Secretary of State”;

(ii) after “place” in both places insert “in England”;

(b) in subsection (3)—

(i) for “appropriate national authority” substitute “Secretary of State”;

(ii) for “authority’s” substitute “Secretary of State’s”.

7 In section 5 (vehicles), in subsection (1)—

(a) for “appropriate national authority” substitute “Secretary of State”;

(b) after “vehicles” insert “in England”.

8 In section 6 (no-smoking signs), in subsections (2), (3) and (4) for “appropriate national authority” substitute “Secretary of State”.

9 In section 8 (offence of failing to prevent smoking in smoke-free place), in subsection (3) for “appropriate national authority” substitute “Secretary of State”.

10 In section 9 (fixed penalties), in subsection (1A) for “appropriate national authority” substitute “Secretary of State”.

11 In section 10 (enforcement)—

(a) in subsection (1) for “appropriate national authority” substitute “Secretary of State”;

(b) in subsection (4) for “appropriate national authority” in both places substitute “Secretary of State”.

12 In section 11 (obstruction etc of officers), in subsection (5) for “appropriate national authority” in both places substitute “Secretary of State”.

13 In section 12 (interpretation and territorial sea)—

(a) in subsection (2) for “appropriate national authority” substitute “Secretary of State”;

(b) omit subsection (3)(b).

14 In section 82 (interpretation), in subsection (1) omit the definition of “the appropriate national authority”.

15 In Schedule 1 (fixed penalties), in paragraphs 4 and 17 for “appropriate national authority” substitute “Secretary of State”.

16 In Schedule 2 (powers of entry, etc), in paragraph 10 for “appropriate national authority” in both places substitute “Secretary of State”.

Children and Families Act 2014 (c.6)

17 In section 91 of the Children and Families Act 2014 (purchase of tobacco, nicotine products etc on behalf of persons under 18), in subsection (5), after paragraph (b), insert —

“(c) in relation to Wales—

(i) the reference to the Secretary of State in paragraph 4 of Schedule 1 to the Health Act 2006 is to be read as a reference to the Welsh Ministers;

(ii) the power of the Welsh Ministers to make regulations under paragraph 4 of Schedule 1 as so applied is to be exercised by statutory instrument;

(iii) a statutory instrument containing such regulations made by the Welsh Ministers is to be subject to annulment in pursuance of a resolution of the National Assembly for Wales.”