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Public Health (Wales) Act 2017

Changes over time for: SCHEDULE 2

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Public Health (Wales) Act 2017, SCHEDULE 2 is up to date with all changes known to be in force on or before 26 May 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects yet to be applied to Schedule 2:

  • specified provision(s) amendment to earlier commencing S.I. 2017/949, art. 3 by S.I. 2017/967 art. 2

(introduced by section 29)

SCHEDULE 2E+WSMOKING: CONSEQUENTIAL AMENDMENTS

This schedule has no associated Explanatory Notes

Health Act 2006 (c.28)E+W

1E+WThe Health Act 2006 is amended as follows.

Commencement Information

I1Sch. 2 para. 1 in force at 1.3.2021 by S.I. 2021/202, art. 2

2E+WIn the heading to Chapter 1 of Part 1 after “vehicles” insert “ in England ”.

Commencement Information

I2Sch. 2 para. 2 in force at 1.3.2021 by S.I. 2021/202, art. 2

3E+WIn section 1 (introduction), in subsection (1) after “vehicles” insert “ in England ”.

Commencement Information

I3Sch. 2 para. 3 in force at 1.3.2021 by S.I. 2021/202, art. 2

4E+WIn section 2 (smoke-free premises)—

(a)in subsection (1) after “Premises” insert “ in England ”;

(b)in subsection (2) after “Premises” insert “ in England ”;

(c)in subsection (5) for “appropriate national authority” substitute “ Secretary of State ”.

Commencement Information

I4Sch. 2 para. 4 in force at 1.3.2021 by S.I. 2021/202, art. 2

5E+WIn section 3 (smoke-free premises (exemptions)), in subsection (1)—

(a)for “appropriate national authority” substitute “ Secretary of State ”;

(b)after “premises” in both places insert “ in England ”.

Commencement Information

I5Sch. 2 para. 5 in force at 1.3.2021 by S.I. 2021/202, art. 2

6E+WIn section 4 (additional smoke-free places)—

(a)in subsection (1)—

(i)for “appropriate national authority” substitute “ Secretary of State ”;

(ii)after “place” in both places insert “ in England ”;

(b)in subsection (3)—

(i)for “appropriate national authority” substitute “ Secretary of State ”;

(ii)for “authority's” substitute “Secretary of State's”.

Commencement Information

I6Sch. 2 para. 6 in force at 1.3.2021 by S.I. 2021/202, art. 2

7E+WIn section 5 (vehicles), in subsection (1)—

(a)for “appropriate national authority” substitute “ Secretary of State ”;

(b)after “vehicles” insert “ in England ”.

Commencement Information

I7Sch. 2 para. 7 in force at 1.3.2021 by S.I. 2021/202, art. 2

8E+WIn section 6 (no-smoking signs), in subsections (2), (3) and (4) for “appropriate national authority” substitute “ Secretary of State ”.

Commencement Information

I8Sch. 2 para. 8 in force at 1.3.2021 by S.I. 2021/202, art. 2

9E+WIn section 8 (offence of failing to prevent smoking in smoke-free place), in subsection (3) for “appropriate national authority” substitute “ Secretary of State ”.

Commencement Information

I9Sch. 2 para. 9 in force at 1.3.2021 by S.I. 2021/202, art. 2

10E+WIn section 9 (fixed penalties), in subsection (1A) for “appropriate national authority” substitute “ Secretary of State ”.

Commencement Information

I10Sch. 2 para. 10 in force at 1.3.2021 by S.I. 2021/202, art. 2

11E+WIn section 10 (enforcement)—

(a)in subsection (1) for “appropriate national authority” substitute “ Secretary of State ”;

(b)in subsection (4) for “appropriate national authority” in both places substitute “ Secretary of State ”.

Commencement Information

I11Sch. 2 para. 11 in force at 1.3.2021 by S.I. 2021/202, art. 2

12E+WIn section 11 (obstruction etc of officers), in subsection (5) for “appropriate national authority” in both places substitute “ Secretary of State ”.

Commencement Information

I12Sch. 2 para. 12 in force at 1.3.2021 by S.I. 2021/202, art. 2

13E+WIn section 12 (interpretation and territorial sea)—

(a)in subsection (2) for “appropriate national authority” substitute “ Secretary of State ”;

(b)omit subsection (3)(b).

Commencement Information

I13Sch. 2 para. 13 in force at 1.3.2021 by S.I. 2021/202, art. 2

14E+WIn section 82 (interpretation), in subsection (1) omit the definition of “the appropriate national authority”.

Commencement Information

I14Sch. 2 para. 14 in force at 1.3.2021 by S.I. 2021/202, art. 2

15E+WIn Schedule 1 (fixed penalties), in paragraphs 4 and 17 for “appropriate national authority” substitute “ Secretary of State ”.

Commencement Information

I15Sch. 2 para. 15 in force at 1.3.2021 by S.I. 2021/202, art. 2

16E+WIn Schedule 2 (powers of entry, etc), in paragraph 10 for “appropriate national authority” in both places substitute “ Secretary of State ”.

Commencement Information

I16Sch. 2 para. 16 in force at 1.3.2021 by S.I. 2021/202, art. 2

Children and Families Act 2014 (c.6)E+W

17E+WIn section 91 of the Children and Families Act 2014 (purchase of tobacco, nicotine products etc on behalf of persons under 18), in subsection (5), after paragraph (b), insert —

(c)in relation to Wales—

(i)the reference to the Secretary of State in paragraph 4 of Schedule 1 to the Health Act 2006 is to be read as a reference to the Welsh Ministers;

(ii)the power of the Welsh Ministers to make regulations under paragraph 4 of Schedule 1 as so applied is to be exercised by statutory instrument;

(iii)a statutory instrument containing such regulations made by the Welsh Ministers is to be subject to annulment in pursuance of a resolution of the National Assembly for Wales.

Commencement Information

I17Sch. 2 para. 17 in force at 1.3.2021 by S.I. 2021/202, art. 2

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