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This is the original version (as it was originally enacted).
(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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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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