The Smoking, Health and Social Care (Scotland) Act 2005 (Commencement No. 2) Order 2005

Explanatory Note

(This note is not part of the Order)

This Order appoints 16th December 2005 as the day for the coming into force of section 4(6), (8) and (9) of the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13) (“the Act”).

Section 4(6) of the Act provides that regulations made under section 4(2) of the Act (which enables the Scottish Ministers to prescribe premises as “no-smoking premises” for the purposes of Part 1 of the Act) may define or elaborate the meaning of “premises”, “wholly or substantially enclosed”, “the public” and “has access”.

Section 4(8) of the Act gives the Scottish Ministers the power to amend the list in section 4(4) of the Act of the kind of premises which can be prescribed as no smoking premises.

Section 4(9) of the Act provides that regulations made under section 4(2) and (7) of the Act which define or elaborate the meaning of “premises” to include means of transport may provide as to how the statement referred to in section 3(1) of the Act is to be exercised. Section 3(1) of the Act stipulates that if notices are not conspicuously displayed in, on or near no smoking premises stating that the premises are no smoking premises, the person managing or attending the premises commits an offence.