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

Enforcement E+W

11 Obstruction etc. of officers E+W

(1) Any person who intentionally obstructs an authorised officer of an enforcement authority, acting in the exercise of his functions under or by virtue of this Chapter, commits an offence.

(2) Any person who without reasonable cause fails to give to an authorised officer of an enforcement authority, acting in the exercise of his functions under or by virtue of this Chapter, any facilities, assistance or information which the authorised officer reasonably requires of him for the performance of those functions commits an offence.

(3) A person commits an offence if, in purported compliance with any requirement of an authorised officer mentioned in subsection (2)—

(a) he makes a statement which is false or misleading, and

(b) he either knows that it is false or misleading or is reckless as to whether it is false or misleading.

“False or misleading” means false or misleading in a material particular.

(4) 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.

(5) If a direction of the [F2 Secretary of State] has effect under section 10(4), this section has effect, in relation to any case or case of a description specified in the direction, as if references to an authorised officer of an enforcement authority were to a person acting on behalf of the [F2 Secretary of State].

Textual Amendments

F2 Words in s. 11(5) substituted (1.3.2021) by Public Health (Wales) Act 2017 (anaw 2), s. 126(2), Sch. 2 para. 12; S.I. 2021/202, art. 2

Modifications etc. (not altering text)

C2 S. 11 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(6), 139(6); S.I. 2014/2609, art. 2; S.I. 2015/375, art. 3

Commencement Information

I1 S. 11 in force at 2.4.2007 for W. by S.I. 2007/204, art. 2(b)

I2 S. 11 in force at 1.7.2007 for E. by S.I. 2007/1375, art. 2(a)