The Smoking (Northern Ireland) Order 2006

[F1Fixed penalties]N.I.

This section has no associated Explanatory Memorandum

F210.F3(1) An authorised officer of a district council who has reason to believe that a person has committed an offence under Article 7(5) or 8(2) on premises, [F4or in a place] within the district of the council may give him a penalty notice in respect of the offence.

F5[F6(1A) An authorised officer of an enforcement authority who has reason to believe that a person has committed an offence under Article 7(5) or 8(2) in a vehicle in relation to which the authorised officer has functions may give that person a penalty notice in respect of the offence.

F5(1B) The Department may by regulations provide that, in the circumstances specified in the regulations, an authorised officer of an enforcement authority who has reason to believe that a person has committed an offence under Article 9(3) in relation to a vehicle in relation to which the authorised officer has functions may give the person a penalty notice in respect of the offence.]

(2) A penalty notice is a notice offering a person the opportunity to discharge any liability to conviction for the offence to which the notice relates by paying a penalty in accordance with this Order.

(3) Schedule 1 makes further provision about fixed penalties.

Textual Amendments

F1Art. 10 heading substituted (1.6.2017 for specified purposes) by Health (Miscellaneous Provisions) Act (NorthernIreland) 2016 (c. 26), ss. 5(3)(a), 20(3); S.R. 2017/91, art. 2(e)

F2Art. 10 heading substituted (1.6.2017 for specified purposes, 1.2.2022 in so far as not already in operation) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 (c. 26), ss. 5(3)(a), 20(3); S.R. 2017/91, art. 2(e); S.R. 2021/329, art. 2(b)

F3Words in art. 10(1) substituted (1.6.2017 for specified purposes, 1.2.2022 in so far as not already in operation) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 (c. 26), ss. 5(3)(b), 20(3); S.R. 2017/91, art. 2(e); S.R. 2021/329, art. 2(b)

F4Words in art. 10(1) substituted (1.6.2017 for specified purposes) by Health (Miscellaneous Provisions) Act (NorthernIreland) 2016 (c. 26), ss. 5(3)(b), 20(3); S.R. 2017/91, art. 2(e)

F5Art. 10(1A)(1B) inserted (1.6.2017 for specified purposes, 1.2.2022 in so far as not already in operation) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 (c. 26), ss. 5(3)(c), 20(3); S.R. 2017/91, art. 2(e); S.R. 2021/329, art. 2(b)

Commencement Information

I1Art. 10 wholly in operation at 30.4.2007; art. 10(3) in operation for specified purposes at 15.1.2007 see art. 1(3); art. 10 in operation at 30.4.2007 insofar as not already in operation by S.R. 2007/118, art. 2