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Smoking, Health and Social Care (Scotland) Act 2005

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Smoking, Health and Social Care (Scotland) Act 2005, Section 1 is up to date with all changes known to be in force on or before 24 August 2016. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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1Offence of permitting others to smoke in no-smoking premisesS

This section has no associated Explanatory Notes

(1)A person who, having the management or control of no-smoking premises, knowingly permits another to smoke there commits an offence.

(2)A person accused of an offence under this section is to be regarded as having knowingly permitted another to smoke in no-smoking premises if that person ought to have known that the other person was smoking there.

(3)It is a defence for an accused charged with an offence under this section to prove—

(a)that the accused (or any employee or agent of the accused) took all reasonable precautions and exercised all due diligence not to commit the offence; or

(b)that there were no lawful and reasonably practicable means by which the accused could prevent the other person from smoking in the no-smoking premises.

(4)A person guilty of an offence under this section is liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.

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I1S. 1 in force at 26.3.2006 at 600 hours by S.S.I. 2005/492, art. 3(d)

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