Health Act 2006 (c. 28)

Part 1 U.K. Smoking

Chapter 1 U.K. Smoke-free premises, places and vehicles [F1 in England]

Textual Amendments

F1 Words in Pt. 1 Ch. 1 heading inserted (1.3.2021) by Public Health (Wales) Act 2017 (anaw 2), s. 126(2), Sch. 2 para. 2; S.I. 2021/202, art. 2

Modifications etc. (not altering text)

C1 Pt. 1 Ch. 1 modified (30.5.2007) by National Assembly for Wales Commission (Crown Status) (No.2) Order 2007 (S.I. 2007/1353), arts. 1(2), 7

Fixed penalties E+W

9 Fixed penalties E+W

(1) An authorised officer of an enforcement authority (see section 10) who has reason to believe that a person has committed an offence under section 6(5) or 7(2) on premises, or in a place or vehicle, in relation to which the authorised officer has functions may give him a penalty notice in respect of the offence.

[F2 (1A) The [F3 Secretary of State] may by regulations provide that, in the circumstances specified in the regulations, an authorised officer of an enforcement authority (see section 10) who has reason to believe that a person has committed an offence under section 8(4) 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 Chapter.

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

Textual Amendments

F2 S. 9(1A) inserted (1.10.2014 for specified purposes, 1.10.2015 in so far as not already in force) by Children and Families Act 2014 (c. 6), ss. 95(3), 139(6); S.I. 2014/2609, art. 2; S.I. 2015/375, art. 3

F3 Words in s. 9(1A) substituted (1.3.2021) by Public Health (Wales) Act 2017 (anaw 2), s. 126(2), Sch. 2 para. 10; S.I. 2021/202, art. 2

Modifications etc. (not altering text)

C2 S. 9 applied (with modifications) (1.10.2014 for specified purposes, 1.10.2015 in so far as not already in force) by Children and Families Act 2014 (c. 6), ss. 91(5), 139(6); S.I. 2014/2609, art. 2; S.I. 2015/375, art. 3

Commencement Information

I1 S. 9 in force at 2.4.2007 for W. by S.I. 2007/204, art. 2(b)

I2 S. 9 in force at 1.7.2007 for E. by S.I. 2007/1375, art. 2(a)