Smoking, Health and Social Care (Scotland) Act 2005 (asp 13)

Part 1 S Smoking: prohibition and control

[F1 4B Offence of smoking outside hospital building S

(1) A person who smokes within the no-smoking area outside a hospital building commits an offence.

(2) It is a defence for an accused charged with an offence under this section to prove that the accused did not know, and could not reasonably be expected to have known, that the place in which it is alleged the accused was smoking was within the no-smoking area outside a hospital building.

(3) A person who commits an offence under this section is liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.]

Textual Amendments

F1 Ss. 4A-4D inserted (2.3.2022 for specified purposes) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 20(2), 36(2); S.S.I. 2022/43, reg. 2, sch.