EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations are made under Chapter 1 of Part 1 of the Health Act 2006 and they contain requirements which relate to the display of no-smoking signs in smoke-free premises and vehicles in England. They were notified in draft to the European Commission in accordance with the Technical Standards Directive 98/34/EC as amended by Directive 98/48/EC (OJ L. 204, 21.7.1998, p.37 and OJ L. 217, 5.8.1998, p.18).
Regulation 2 contains requirements for no-smoking signs in smoke-free premises. Paragraphs (1) and (2) require a no-smoking sign which consists of the no-smoking symbol and words which state that it is against the law to smoke in the premises. That sign is required at all entrances to smoke-free premises except those at which the no-smoking symbol alone may be displayed under paragraphs (3) and (4). The exception applies to entrances to smoke-free premises from other smoke-free premises and to secondary entrances to smoke-free premises which are used only by persons who work in them. The words “no-smoking symbol” are defined in regulation 1(2).
Regulation 3 contains requirements for no-smoking signs in vehicles. By paragraph (1) any person with management responsibilities for a smoke-free vehicle must display a no-smoking sign in each compartment of his vehicle. Paragraph (2) defines “compartment” to include each part of a vehicle used to accommodate persons which has a roof; “no-smoking sign” as a sign which displays the no-smoking symbol and “roof” to include retractable roofs, except for fully stowed retractable roofs on vehicles which are engaged in conveying people.
A Regulatory Impact Assessment has been prepared for these Regulations and a copy has been placed in the library of each House of Parliament. Copies can be obtained from the Smokefree Legislation Team, Room 712, Department of Health, Wellington House, 133-135 Waterloo Road, London SE1 8UG.