These Regulations, made under the Smoking (Northern Ireland) Order 2006 (“the Order”), contain provisions which relate to smoke-free premises and vehicles in Northern Ireland. They amend the Smoke-free (Premises, Vehicle Operators and Penalty Notices) Regulations (Northern Ireland) 2007 (“the 2007 Regulations”).

Regulation 3 of these Regulations substitutes regulation 3 of the 2007 Regulations so as to provide that the driver of a private vehicle that is smoke-free is under a duty to cause persons to stop smoking in that vehicle.

Regulation 4, and Schedules 1 and 2, of these Regulations amend provisions setting out fixed penalty forms.

Regulation 4(2) of the 2007 Regulations is amended so that the penalty notice form set out in Schedule 2 to the 2007 Regulations is in relation to the offence of smoking in a smoke-free place under Article 8 of the Order and the offence of failing to prevent smoking in a private vehicle under Article 9 of the Order.

Regulation 4(4) of the 2007 Regulations is substituted, replacing references to “district council” with “district council or other enforcement authority”. This is to reflect that for the purposes of enforcing, as respects vehicles, the provisions of the Order and regulations made under it, the Department may designate enforcement authorities. The Police Service of Northern Ireland, in addition to the district councils, will be an enforcement authority in respect of smoke-free vehicles.

Regulation 4(3) of these Regulations replaces the penalty notice forms in Schedules 1 and 2 to the 2007 Regulations with the penalty notice forms in the Schedules to these Regulations.

The Order as amended by the Health (Miscellaneous Provisions) Act 2016 provides it is the duty of a district council to enforce as respects premises and places, but that regulations under the Order may designate “enforcement authorities” as respects vehicles.

The Form 1 in Schedule 1, which applies to the offence of failing to display prescribed no-smoking signs or failing to display no-smoking signs in a prescribed manner under Article 7 of the Order, reflects the distinction between the appropriate enforcement bodies for premises and places, and vehicles.

The Form 2 in Schedule 2 again reflects the distinction between appropriate enforcement bodies and will also allow the form to be used for the offence of failing to prevent smoking in a smoke-free private vehicle under Article 9 of the Order, as well as the offence of smoking in a smoke-free place under Article 8 of the Order.