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The Smoking, Health and Social Care (Scotland) Act 2005 and the Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006 (Consequential Provisions) (Scotland) Order 2006

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Application of the 2005 Act and the 2006 Regulations

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3.—(1) In this article a “relevant ship” is a ship—

(a)to which section 85 of the Merchant Shipping Act 1995(1) applies;

(b)which is being used—

(i)for the purposes of a ferry service,

(ii)as licensed premises within the meaning of section 147(1) of the Licensing (Scotland) Act 2005(2),

(iii)as a passenger ship, or

(iv)primarily for the purpose of the sale or consumption of food or beverages;

(c)which, in the case of a ship other than a United Kingdom ship, is operating in Scotland; and

(d)which is not on an exempted voyage.

(2) The definition of “vehicle” in regulation 1(2) of the 2006 Regulations has effect as if it included a reference to a relevant ship, and the 2006 Regulations have effect accordingly.

(3) The following provisions of the 2005 Act have effect in relation to no-smoking premises which (by virtue of paragraph (2)) are a relevant ship—

(a)sections 1 and 2 (offences of permitting others to smoke and smoking in no-smoking premises);

(b)section 3(1), (2) and (4) (display of warning notices);

(c)section 4(1) (meaning of “smoke”);

(d)section 5 (proceedings for offences under sections 1 to 3);

(e)section 6 (fixed penalties);

(f)section 7 (powers to enter and require identification);

(g)section 8 (bodies corporate etc.);

(h)section 10 (Crown application); and

(i)paragraphs 1 to 3, 4(2) and (3), 5(1) and (3) and 6 to 11 of Schedule 1 (further provisions as to fixed penalties).

(1)

1995 c. 21; there are amendments to section 85 which are not relevant to this Order.

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