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Draft Regulations laid before Parliament under section 79(4) of the Health Act 2006, for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2015 No. 0000

Public Health

The Smoke-free (Private Vehicles) Regulations 2015

Made

Coming into force

1st October 2015

The Secretary of State for Health, in exercise of the powers conferred by sections 5, 6(2)(b), 9(1A) and 10(1) and (2) of, and paragraph 5 of Schedule 1 to, the Health Act 2006(1), makes the following Regulations, a draft of which was laid before Parliament in accordance with section 79(4) of that Act and approved by a resolution of each House of Parliament:

Citation, commencement and application

1.—(1) These Regulations may be cited as the Smoke-free (Private Vehicles) Regulations 2015 and shall come into force on 1st October 2015.

(2) This regulation and regulations 2, 3, 4 and 6 apply in relation to England only.

(3) Regulation 5 applies in relation to England and Wales.

Private vehicles with children present – amendment of the Smoke-free (Exemptions and Vehicles) Regulations 2007

2.—(1) Regulation 11 of the Smoke-free (Exemptions and Vehicles) Regulations 2007(2) is amended as follows.

(2) After paragraph (1) insert—

(1A) A vehicle that is not smoke-free by virtue of paragraph (1), or any part of such a vehicle, is smoke-free if—

(a)it is enclosed,

(b)there is more than one person present in the vehicle, and

(c)a person under the age of 18 is present in the vehicle.

(3) In paragraph (2), for “paragraph (1)” substitute “paragraphs (1) and (1A)”

(4) In paragraph (6)(b), omit the words “or to persons on any such ships or hovercraft”.

(5) After paragraph (6) add—

(7) Paragraph (1A) does not apply to—

(a)a caravan or motor caravan that is stationary and not on a road; or

(b)a caravan or motor caravan that is stationary, is on a road and is being used as living accommodation.

(8) In this regulation—

“caravan” means a trailer which is designed for road use and provides mobile living accommodation.

“motor caravan” means a motor vehicle which is constructed or adapted for the carriage of passengers and their effects and which contains, as permanently installed equipment, the facilities which are reasonably necessary for enabling the vehicle to provide mobile living accommodation for its users.

“road” has the same meaning as in section 192(1) of the Road Traffic Act 1988(3).

No-smoking signs – amendment of the Smoke-free (Signs) Regulations 2012

3.—(1) The Smoke-free (Signs) Regulations 2012(4) are amended as follows.

(2) In regulation 1(3), omit sub-paragraph (b);

(3) In regulation 2, for “a smoke-free vehicle” substitute “a vehicle that is smoke-free by virtue of regulation 11(1) of the Smoke-free (Exemptions and Vehicles) Regulations 2007,”.

Fixed penalties

4.  An authorised officer of an enforcement authority who has reason to believe that a person has committed an offence under section 8(4) of the Health Act 2006 in relation to a vehicle that is smoke-free by virtue of regulation 11(1A) of the Smoke-Free (Exemptions and Vehicles) Regulations 2007, may give that person a penalty notice in respect of the offence.

Penalties and discounted amounts - amendment of the Smoke-free (Penalties and Discounted Amounts) Regulations 2007

5.—(1) The Smoke-free (Penalties and Discounted Amounts) Regulations 2007(5) are amended as follows.

(2) In paragraph (5) of regulation 2, after “under section 7(2)” insert “or 8(4)”.

Enforcement – amendment of the Smoke-free (Premises and Enforcement) Regulations 2006

6.—(1) The Smoke-free (Premises and Enforcement) Regulations 2006(6) are amended as follows.

(2) In regulation 3, after paragraph (5) add—

(6) The Chief Officer of each police force is designated as an enforcement authority for the purposes of Chapter 1 of Part 1 of the Act.

(7) An enforcement authority designated under paragraph (6) has enforcement functions in relation to vehicles that—

(a)are smoke-free by virtue of regulation 11(1A) of the Smoke-Free (Exemptions and Vehicles) Regulations 2007; and

(b)are within the police area for which the police force in question is maintained.(7)

Review

7.—(1) Before the end of the review period the Secretary of State must—

(a)carry out a review of these Regulations,

(b)set out the conclusions of the review in a report, and

(c)publish the report.

(2) The report must in particular—

(a)set out the objectives intended to be achieved by the regulatory system established by these Regulations,

(b)assess the extent to which those objectives are achieved, and

(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(3) “Review period” means the period of five years beginning with the day on which these Regulations come into force.

Signed by authority of the Secretary of State for Health.

Name

Parliamentary Under-Secretary of State,

Department of Health

Date

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations made under Chapter 1 of Part 1 of the Health Act 2006, contain provisions to require private vehicles in England to be smoke-free when children are present. Regulations 2, 3, 5 and 6 amend existing Regulations to make the provisions.

Regulation 2 provides for private vehicles to be smoke-free when they are enclosed, there is more than one person in the vehicle and a person under the age of 18 is present in the vehicle. Caravans and motor caravans are excluded when they are being used as living accommodation.

Regulation 3 ensures that there is no duty to display no-smoking signs in vehicles that are smoke-free by virtue of these Regulations.

Regulation 4 provides that a penalty notice may be given where there is reason to believe that a person has committed an offence of failing to prevent smoking in a vehicle that is smoke-free by virtue of these Regulations.

Regulation 5 sets the amount of the penalty for a penalty notice given in respect of an offence of failing to prevent smoking in a vehicle that is smoke-free by virtue of these Regulations.

Regulation 6 provides for chief officers of police to be enforcement authorities for vehicles that are smoke-free by virtue of these Regulations.

Regulation 7 requires the Secretary of State to review the operation and effect of these Regulations and publish a report within the period of five years beginning with when the Regulations come into force.

An Impact Assessment has been prepared for these Regulations and is published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.

(1)

2006 c.28. Sections 5, 9, 10(1) and 79 were amended by section 95 of the Children and Families Act 2014 (c.6). As to the meaning of “appropriate national authority” see section 82(1).

(3)

1988 c.52. Section 192(1) was amended by the New Roads and Street Works Act 1991 (c.22). Schedule 8(IV) paragraph 121(4); the Treaty of Lisbon (Changes in Terminology) Order (S.I. 2011/1043), Part 2, article 6(1)(d); the Access to Justice Act 1999 (c.22) schedule 15(V)(1), paragraph 1, and by the Road Traffic Act 1991 (c.40), Schedule 4, paragraph 78(2) and (3).

(7)

The expressions “chief officer of police”, “police area” and “police force” are defined, in relation to England and Wales, in section 101 of the Police Act 1996 (c.16).