- Latest available (Revised)
- Original (As made)
The Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (Supplementary Provision) Regulations 2022
You are here:
- Scottish Statutory Instruments
- 2022 No. 276
- Whole Instrument
- Previous
- Next
What Version
Opening Options
More Resources
Status:
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Scottish Statutory Instruments
2022 No. 276
Public Health
The Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (Supplementary Provision) Regulations 2022
Made
15th September 2022
Coming into force
19th September 2022
The Scottish Ministers make the following Regulations in exercise of the power conferred by section 35 of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016(1) and all other powers enabling them to do so.
In accordance with section 34(2) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Citation and commencement
1. These Regulations may be cited as the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (Supplementary Provision) Regulations 2022 and come into force on 19 September 2022.
Amendment of schedule 1 of the Smoking, Health and Social Care (Scotland) Act 2005
2. In paragraph 1 of schedule 1 (fixed penalty for offences under sections 1, 2, 3, 4A, 4B and 4C(5)) of the Smoking, Health and Social Care (Scotland) Act 2005(2)—
(a)in sub-paragraph (1), for the words from “under”, in the first place where it occurs, to “council”, in the second place where it occurs, (including the words inserted by section 20(8)(a) of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016) substitute “mentioned in sub-paragraph (1A)”,
(b)after sub-paragraph (1) insert—
“(1A) An offence referred to in sub-paragraph (1) is—
(a)an offence under section 1, 2 or 3 in no-smoking premises within the area of the council,
(b)an offence under section 4A or 4B within the no-smoking area outside a hospital building within the area of the council,
(c)an offence under section 4C(5) in relation to a hospital building within the area of the council.”.
MAREE TODD
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
15th September 2022
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend schedule 1 of the Smoking, Health and Social Care (Scotland) Act 2005 (“the 2005 Act”).
Regulation 2 amends paragraph 1 of schedule 1 of the 2005 Act to enable an authorised officer of a council to issue a fixed penalty notice if they have reason to believe that a person is committing or has committed an offence under section 4B and 4C(5) of that Act. This is in addition to the power of an authorised officer of a council to issue a fixed penalty notice in respect of an offence under section 1, 2, 3 and 4A of that Act.
Section 4B of the 2005 Act provides that it is an offence for a person to smoke within the no-smoking area outside a hospital building. Section 4C(5) of the 2005 Act provides that it is an offence if the person having the management and control of a hospital building fails to conspicuously display no-smoking notices at every entrance to the building.
(1)
(2)
2005 asp 13. Schedule 1 was amended by section 20(8) of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14).
Options/Help
Print Options
PrintThe Whole Instrument
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Opening Options
Different options to open legislation in order to view more content on screen at once
Policy Note
Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as made version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.