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Prospective

(introduced by section 29)

SCHEDULE 2E+WSMOKING: CONSEQUENTIAL AMENDMENTS

Health Act 2006 (c.28)E+W

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

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

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

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 ”.

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 ”.

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”.

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

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

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

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

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 ”.

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

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 ”.

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

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).

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

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

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

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.