http://www.legislation.gov.uk/id/asp/2005/13

http://www.legislation.gov.uk/asp/2005/13/section/2/2011-04-01

Smoking, Health and Social Care (Scotland) Act 2005

An Act of the Scottish Parliament to prohibit smoking in certain wholly or substantially enclosed places; to enable the Scottish Ministers by order to vary the minimum age limit of those to whom tobacco may be sold; to make provision in relation to general dental services, general ophthalmic services, personal dental services, pharmaceutical care services and detection of vision problems in children; to make provision in relation to disqualification by the NHS Tribunal; to enable the Scottish Ministers to establish a scheme for the making of payments to certain persons infected with hepatitis C as a result of NHS treatment and to certain persons infected with the virus by transmission of it from a person infected with it as a result of such treatment; to amend the Regulation of Care (Scotland) Act 2001 as respects what constitutes an independent health care service, the implementation of certain decisions by the Scottish Commission for the Regulation of Care or the Scottish Social Services Council, the provision of information to the Council and the minimum frequency of inspection of care services by the Commission; to make provision providing further time for applications to be made for registration of child care agencies and housing support services under the Regulation of Care (Scotland) Act 2001 and provide authorisation for the payment of certain grants to such services while not registered under that Act; to amend the Adults with Incapacity (Scotland) Act 2000 as respects authorisation of medical treatment; to amend the Public Health (Scotland) Act 1897 to introduce a right of appeal in certain cases under that Act; to enable the Scottish Ministers to form, participate in and provide assistance to companies for the purpose of providing facilities or services for persons exercising functions under the National Health Service (Scotland) Act 1978 or of making money available to the health service in Scotland; to amend the rules as to membership of and other matters relating to the Scottish Hospital Endowments Research Trust; and for connected purposes.

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Statute Law Database

2022-12-12

Expert Participation

2011-04-01

Part 1Smoking: prohibition and control

I1 C12Offence of smoking in no-smoking premises

1

A person who smokes in no-smoking premises commits an offence.

2

It is a defence for an accused charged with an offence under this section to prove that the accused did not know, and could not reasonably be expected to have known, that the place in which it is alleged that the accused was smoking was no-smoking premises.

3

A person guilty of an offence under this section is liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

Part 1Smoking: prohibition and control

I1C12Offence of smoking in no-smoking premises

1

2

3

I1 C12Offence of smoking in no-smoking premises