The Smoking, Health and Social Care (Scotland) Act 2005 and the Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006 (Consequential Provisions) (Scotland) Order 2006

Application of the 2005 Act and the 2006 Regulations

3.—(1) In this article a “relevant ship” is a ship—

(a) to which section 85 of the Merchant Shipping Act 1995(1) applies;

(b) which is being used—

(i) for the purposes of a ferry service,

(ii) as licensed premises within the meaning of section 147(1) of the Licensing (Scotland) Act 2005(2),

(iii) as a passenger ship, or

(iv) primarily for the purpose of the sale or consumption of food or beverages;

(c) which, in the case of a ship other than a United Kingdom ship, is operating in Scotland; and

(d) which is not on an exempted voyage.

(2) The definition of “vehicle” in regulation 1(2) of the 2006 Regulations has effect as if it included a reference to a relevant ship, and the 2006 Regulations have effect accordingly.

(3) The following provisions of the 2005 Act have effect in relation to no-smoking premises which (by virtue of paragraph (2)) are a relevant ship—

(a) sections 1 and 2 (offences of permitting others to smoke and smoking in no-smoking premises);

(b) section 3(1), (2) and (4) (display of warning notices);

(c) section 4(1) (meaning of “smoke”);

(d) section 5 (proceedings for offences under sections 1 to 3);

(e) section 6 (fixed penalties);

(f) section 7 (powers to enter and require identification);

(g) section 8 (bodies corporate etc.);

(h) section 10 (Crown application); and

(i) paragraphs 1 to 3, 4(2) and (3), 5(1) and (3) and 6 to 11 of Schedule 1 (further provisions as to fixed penalties).

(1)

1995 c. 21; there are amendments to section 85 which are not relevant to this Order.

(2)

2005 asp16.