Prospective
(1)The Health Act 2006 is amended as follows.
(2)For section 4 substitute—
(1)The Secretary of State may make regulations designating as smoke-free any place in England that—
(a)is a workplace, or
(b)is open to the public,
and is not smoke-free under section 2.
(2)If the place is used as a place of work or open to the public only some of the time the regulations must provide for it to be smoke-free only when so used.
(3)The regulations may, in particular—
(a)provide for places or vehicles to be smoke-free, in specified circumstances, at specified times or if specified conditions are satisfied (or any combination of those);
(b)provide for exceptions, which may be framed by reference to the designation by a person of areas which are not smoke-free.
(4)Before making regulations under this section the Secretary of State must consult any persons the Secretary of State considers it appropriate to consult.”
(3)In section 5 (vehicles)—
(a)in subsection (2), for paragraph (d) substitute—
“(d)for exceptions, which may be framed by reference to the designation by a person of areas which are not smoke-free.”;
(b)after subsection (3) insert—
“(3A)Before making regulations under this section the Secretary of State must consult any persons the Secretary of State considers it appropriate to consult.”
Commencement Information
I1S. 142 not in force at Royal Assent, see s. 176(3)(a)
(1)In the Health Act 2006—
(a)in section 3, omit subsections (5) and (8) (power to exempt premises by references to performers);
(b)in section 6, in subsection (9) omit from “(and references” to the end;
(c)in section 7—
(i)in subsection (1), in paragraph (a) omit “(including premises which” to the end;
(ii)for subsection (3) substitute—
“(3)The Secretary of State may by regulations create defences to the offence under subsection (2) for the purpose of allowing a performer to smoke during a performance where that is justified in order to preserve the artistic integrity of the performance.”
(iii)in subsection (5), for “in subsection” substitute “under or by virtue of subsection (3) or”;
(d)in section 8—
(i)omit subsection (2);
(ii)after subsection (5) insert—
“(5A)The Secretary of State may by regulations create defences to the offence under subsection (4) for the purpose of allowing a performer to smoke during a performance where that is justified in order to preserve the artistic integrity of the performance.”;
(iii)in subsection (6), after “subsection (5)” insert “or (5A)”;
(iv)in subsection (8) omit from “(and references” to the end;
(e)in section 79, for “7(6), 8(7)” substitute “7(3) or (6), 8(5A) or (7)”.
(2)Regulation 6 of the Smoke-free (Exemptions and Vehicles) Regulations (S.I. 2007/765) is revoked.
Commencement Information
I2S. 143 not in force at Royal Assent, see s. 176(3)(a)
(1)Section 6 of the Health Act 2006 (no-smoking signs) is amended as follows.
(2)For subsection (1) substitute—
“(1)A person who occupies or is concerned in the management of smoke-free premises must make sure that no-smoking signs are displayed in or near those premises in accordance with any requirements imposed by regulations made by the Secretary of State for the purposes of this subsection.
(1A)The regulations may, in particular, impose requirements about—
(a)the content or appearance of a sign (for example, requirements as to its size, design, colour, or wording);
(b)how and where signs are to be displayed.”
(3)After subsection (2) insert—
“(2A)Regulations under subsection (2) may, in particular, include any provision that may be made by regulations under subsection (1).”
(4)Omit subsections (3) and (4).
Commencement Information
I3S. 144 not in force at Royal Assent, see s. 176(3)(a)
(1)The Health Act 2006 is amended as follows.
(2)After section 8 insert—
This Chapter makes provision for the prohibition of the use of certain vapes in places and vehicles in England that are designated vape-free under section 8B.
(1)The Secretary of State may make regulations designating places or vehicles in England as vape-free.
(2)Only smoke-free places may be designated as vape-free.
(3)The regulations may, in particular—
(a)provide for places or vehicles to be vape-free, in specified circumstances, at specified times or if specified conditions are satisfied (or any combination of those);
(b)provide for exceptions, which may be framed by reference to the designation by a person of areas which are not vape-free.
(4)The regulations may, in particular, frame the circumstances in which a vehicle is vape-free by reference to—
(a)whether a person under the age of 18 is present;
(b)its location.
(5)The power to make regulations under this section is not exercisable in relation to—
(a)any ship or hovercraft in relation to which regulations could be made under section 85 of the Merchant Shipping Act 1995 (safety and health on ships), including that section as applied by any Order in Council under section 1(1)(h) of the Hovercraft Act 1968, or
(b)persons on any such ship or hovercraft.
(6)Before making regulations under this section the Secretary of State must consult any persons the Secretary of State considers it appropriate to consult.
(7)References in this Part, however expressed, to places or vehicles that are vape-free, are to places or vehicles so far as they are vape-free by virtue of regulations under this section.
(8)In this section “smoke-free place” has the meaning given by section 7(1).
(1)A person who uses a relevant vape in a vape-free place or vehicle commits an offence.
(2)It is a defence for a person charged with an offence under this section to show that they did not know, and could not reasonably have been expected to know, that it was a vape-free place or vehicle.
(3)The Secretary of State may by regulations create defences to the offence under this section for the purpose of allowing a performer to use a vape during a performance where that is justified in order to preserve the artistic integrity of the performance.
(4)If a person charged with an offence under this section relies on a defence under or by virtue of subsection (2) or (3), and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.
(5)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 1 on the standard scale.
(6)In this Part “relevant vape” means a vape that is not a heated tobacco device.
(1)A person who controls or is concerned in the management of a vape-free place must cause a person using a relevant vape there to stop using the vape.
(2)The driver of a vape-free vehicle, and any other person specified in regulations made by the Secretary of State, must cause a person using a relevant vape in the vehicle to stop using the vape.
(3)A person who fails to comply with the duty in subsection (1) or (2) commits an offence.
(4)It is a defence for a person charged with an offence under subsection (3) to show—
(a)that they took reasonable steps to cause the person in question to stop using the vape,
(b)that they did not know, and could not reasonably have been expected to know, that the person in question was using a vape, or
(c)that on other grounds it was reasonable for them not to comply with the duty.
(5)The Secretary of State may by regulations create defences to the offence under subsection (3) for the purpose of allowing a performer to use a vape during a performance where that is justified in order to preserve the artistic integrity of the performance.
(6)If a person charged with an offence under this section relies on a defence under or by virtue of subsection (4) or (5), and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.
(7)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(1)A person who occupies or is concerned in the management of a vape-free place must make sure that no-vaping signs are displayed in or near that place in accordance with any requirements imposed by regulations made by the Secretary of State for the purposes of this subsection.
(2)A person who has management responsibilities for a vape-free vehicle must make sure that no-vaping signs are displayed in that vehicle in accordance with any requirements imposed by regulations made by the Secretary of State for the purposes of this subsection.
(3)Regulations under subsection (1) or (2) may, in particular, impose requirements about—
(a)the content or appearance of a sign (for example, requirements as to its size, design, colour, or wording);
(b)how and where signs are to be displayed.
(4)The Secretary of State may by regulations create exceptions to the duty in subsection (2).
(5)A person who fails to comply with the duty in subsection (1) or (2) commits an offence.
(6)It is a defence for a person charged with an offence under subsection (5) to show—
(a)that they did not know, and could not reasonably have been expected to know, that the place or vehicle was vape-free,
(b)that they did not know, and could not reasonably have been expected to know, that no-vaping signs complying with the requirements of this section were not being displayed in accordance with the requirements of this section, or
(c)that on other grounds it was reasonable for them not to comply with the duty.
(7)If a person charged with an offence under subsection (5) relies on a defence in subsection (6), and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.
(8)A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.”
(3)Sections 9 to 11 (and the italic heading before section 9) become a new Chapter 1C of Part 1, with the heading “Enforcement”.
(4)Section 12 becomes a new Chapter 1D of Part 1, with the heading “General”.
(5)In section 79 (orders and regulations), in subsection (4)(a), after “8(5A) or (7)” (inserted by section 143) insert “, 8B, 8C(3), 8D(5)”.
Commencement Information
I4S. 145 not in force at Royal Assent, see s. 176(3)(a)
(1)The Health Act 2006 is amended as follows.
(2)After section 8E (inserted by section 145 of this Act) insert—
This Chapter makes provision for the prohibition of the use of heated tobacco devices in places and vehicles in England that are designated heated tobacco-free under section 8G.
(1)The Secretary of State may make regulations designating places or vehicles in England as heated tobacco-free.
(2)Only smoke-free places may be designated as heated tobacco-free.
(3)The regulations may, in particular—
(a)provide for places or vehicles to be heated tobacco-free, in specified circumstances, at specified times or if specified conditions are satisfied (or any combination of those);
(b)provide for exceptions, which may be framed by reference to the designation by a person of areas which are not heated tobacco-free.
(4)The regulations may, in particular, frame the circumstances in which a vehicle is heated tobacco-free by reference to—
(a)whether a person under the age of 18 is present;
(b)its location.
(5)The power to make regulations under this section is not exercisable in relation to—
(a)any ship or hovercraft in relation to which regulations could be made under section 85 of the Merchant Shipping Act 1995 (safety and health on ships), including that section as applied by any Order in Council under section 1(1)(h) of the Hovercraft Act 1968, or
(b)persons on any such ship or hovercraft.
(6)Before making regulations under this section the Secretary of State must consult any persons the Secretary of State considers it appropriate to consult.
(7)References in this Part, however expressed, to places or vehicles that are heated tobacco-free, are to places or vehicles so far as they are heated tobacco-free by virtue of regulations under this section.
(8)In this section “smoke-free place” has the meaning given by section 7(1).
(1)A person who uses a heated tobacco device in a heated tobacco-free place or vehicle commits an offence.
(2)It is a defence for a person charged with an offence under this section to show that they did not know, and could not reasonably have been expected to know, that it was a heated tobacco-free place or vehicle.
(3)The Secretary of State may by regulations create defences to the offence under this section for the purpose of allowing a performer to use a heated tobacco device during a performance where that is justified in order to preserve the artistic integrity of the performance.
(4)If a person charged with an offence under this section relies on the defence under or by virtue of subsection (2) or (3), and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.
(5)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 1 on the standard scale.
(1)A person who controls or is concerned in the management of a heated tobacco-free place must cause a person using a heated tobacco device there to stop using the device.
(2)The driver of a heated tobacco-free vehicle, and any other person specified in regulations made by the Secretary of State, must cause a person using a heated tobacco device in the vehicle to stop using the device.
(3)A person who fails to comply with the duty in subsection (1) or (2) commits an offence.
(4)It is a defence for a person charged with an offence under subsection (3) to show—
(a)that they took reasonable steps to cause the person in question to stop using the heated tobacco device,
(b)that they did not know, and could not reasonably have been expected to know, that the person in question was using a heated tobacco device, or
(c)that on other grounds it was reasonable for them not to comply with the duty.
(5)The Secretary of State may by regulations create defences to the offence under subsection (3) for the purpose of allowing a performer to use a heated tobacco device during a performance where that is justified in order to preserve the artistic integrity of the performance.
(6)If a person charged with an offence under this section relies on a defence under or by virtue of subsection (4) or (5), and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.
(7)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(1)A person who occupies or is concerned in the management of a heated tobacco-free place must make sure that signs are displayed in or near that place in accordance with any requirements imposed by regulations made by the Secretary of State for the purposes of this subsection.
(2)A person who has management responsibilities for a heated tobacco-free vehicle must to make sure that signs are displayed in that vehicle in accordance with any requirements imposed by regulations made by the Secretary of State for the purposes of this subsection.
(3)The signs must indicate that the use of heated tobacco devices is prohibited in the place or vehicle.
(4)Regulations under subsection (1) or (2) may, in particular, impose requirements about—
(a)the content or appearance of a sign (for example, requirements as to its size, design, colour, or wording);
(b)how and where signs are to be displayed.
(5)The Secretary of State may by regulations create exceptions to the duty in subsection (2).
(6)A person who fails to comply with the duty in subsection (1) or (2) commits an offence.
(7)It is a defence for a person charged with an offence under subsection (6) to show—
(a)that they did not know, and could not reasonably have been expected to know, that the place or vehicle was heated tobacco-free,
(b)that they did not know, and could not reasonably have been expected to know, that signs complying with the requirements of this section were not being displayed in accordance with the requirements of this section, or
(c)that on other grounds it was reasonable for them not to comply with the duty.
(8)If a person charged with an offence under subsection (6) relies on a defence in subsection (7), and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.
(9)A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.”
(3)In section 79 (orders and regulations), in subsection (4)(a), after “, 8D(5),” (inserted by section 145 of this Act) insert “, 8G, 8H(3), 8I(5)”.
Commencement Information
I5S. 146 not in force at Royal Assent, see s. 176(3)(a)
Schedule 17 contains amendments consequential on sections 142 to 146.
Commencement Information
I6S. 147 not in force at Royal Assent, see s. 176(3)(a)
(1)In the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13)—
(a)in section 4 (meaning of “no-smoking premises” etc), for subsections (2) to (9) substitute—
“(2)In this Part, “no-smoking premises” means such premises as are prescribed by regulations made by the Scottish Ministers.
(3)Premises other than vehicles may be prescribed as no-smoking premises only if they are—
(a)wholly or substantially enclosed,
(b)workplaces, or
(c)open to the public.
(4)If premises that are not wholly or substantially enclosed are used as a place of work, or open to the public, only some of the time, regulations prescribing them as no-smoking premises must provide for them to be no-smoking premises only when so used.
(5)The power to prescribe no-smoking premises may not be used to prescribe a ship or hovercraft in relation to which regulations could be made under section 85 of the Merchant Shipping Act 1995 (safety and health on ships), including that section as applied by any Order in Council under section 1(1)(h) of the Hovercraft Act 1968.
(6)Regulations prescribing premises as no smoking-premises may, in particular—
(a)provide for them to be no-smoking premises, in specified circumstances, at specified times or if specified conditions are satisfied (or any combination of those);
(b)provide for exceptions, which may be framed by reference to the designation by a person of areas in which smoking is permitted.
(7)The Scottish Ministers must consult such persons as they consider appropriate before making any regulations under this section.
(8)The Scottish Ministers may by regulations define or elaborate the meaning of “wholly or substantially enclosed” in subsection (3)(a).
(9)In this section—
“open to the public”: premises are open to the public if the public or a section of the public has access to them, whether by invitation or not, and whether on payment or not;
“premises” includes any place, including a moveable structure or vehicle, other than an aircraft;
“vehicle” means every type of vehicle, including a vessel;
“work” includes voluntary work;
“workplace” means—
a place of work used by more than one person (even if the persons who work there do so at different times, or only intermittently), or
a place of work where members of the public might attend for the purpose of seeking or receiving goods or services from the person or persons working there (even if members of the public are not always present).”;
(b)omit sections 4A to 4D (provision about smoking outside hospitals).
(2)In regulation 3 of the Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006 (S.S.I. 2006/90) (“no-smoking premises”)—
(a)in paragraph (1), for the words from “the premises or classes of premises specified” to the end substitute “premises or classes of premises that are—
(a)specified in Schedule 1 to these Regulations, and
(b)wholly or substantially enclosed,
subject to paragraph (2).”;
(b)for paragraph (2) substitute—
“(2)But “no smoking-premises” does not include anything specified in Schedule 2 to these Regulations.”;
(c)in paragraph (3)—
(i)for the words before paragraph (a) substitute “In this regulation”;
(ii)omit paragraph (a);
(iii)omit paragraph (f).
Commencement Information
I7S. 148 not in force at Royal Assent, see s. 176(3)(b)
(1)The Smoking, Health and Social Care (Scotland) Act 2005 (asp 13) is amended as follows.
(2)For section 3 substitute—
(1)A person who has management or control of no-smoking premises must make sure that no-smoking signs are displayed in or near those premises in accordance with any requirements imposed by regulations made by the Scottish Ministers for the purposes of this subsection.
(2)The regulations may, in particular, impose requirements about—
(a)the content or appearance of a sign (for example, requirements as to its size, design, colour, or wording);
(b)how and where signs are to be displayed.
(3)The Scottish Ministers may by regulations create exceptions to subsection (1).
(4)A person who fails to comply with the duty in subsection (1) commits an offence.
(5)It is a defence for an accused charged with an offence under this section to prove that the accused (or any employee or agent of the accused) took all reasonable precautions and exercised all due diligence not to commit the offence.
(6)A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.”
(3)In section 40 (regulations or orders), in subsection (3), for “3(3)” substitute “3”.
Commencement Information
I8S. 149 not in force at Royal Assent, see s. 176(3)(b)
(1)The Smoking, Health and Social Care (Scotland) Act 2005 (asp 3) is amended as follows.
(2)For the heading of Part 1 substitute “Smoking, vaping and similar activities”.
(3)Sections 1 to 4 become a new Chapter 1 of Part 1, with the heading “Smoking: prohibition and control”.
(4)Before section 5 insert—
(1)A person who, having the management or control of vape-free premises, knowingly permits another to use a relevant vape there commits an offence.
(2)A person accused of an offence under this section is to be regarded as having knowingly permitted another to use a relevant vape in vape-free premises if that person ought to have known that the other person was using a vape there.
(3)It is a defence for an accused charged with an offence under this section to prove—
(a)that the accused (or any employee or agent of the accused) took all reasonable precautions and exercised all due diligence not to commit the offence; or
(b)that there were no lawful and reasonably practicable means by which the accused could prevent the other person from using a relevant vape in the vape-free premises.
(4)It is a defence for a person charged with an offence under this section to show—
(a)that the person permitted to use the vape was using it when performing in a performance,
(b)that the use of the vape was justified to preserve the artistic integrity of the performance, and
(c)that the vape was not being used to vaporise a substance containing nicotine.
(5)A person guilty of an offence under this section is liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.
(6)In this Part “relevant vape” means a vape that is not a heated tobacco device.
(1)A person who uses a relevant vape in vape-free premises commits an offence.
(2)It is a defence for an accused charged with an offence under this section to prove—
(a)that the accused did not know, and could not reasonably be expected to have known, that the place in which it is alleged that the accused was using a relevant vape was vape-free premises, or
(b)that—
(i)the person was using the vape when performing in a performance,
(ii)that the use of the vape was justified to preserve the artistic integrity of the performance, and
(iii)that the vape was not being used to vaporise a substance containing nicotine.
(3)A person guilty of an offence under this section is liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
(1)A person who has management or control of vape-free premises must make sure that no-vaping signs are displayed in or near those premises in accordance with any requirements imposed by regulations made by the Scottish Ministers for the purposes of this subsection.
(2)The regulations may, in particular, impose requirements about—
(a)the content or appearance of a sign (for example, requirements as to its size, design, colour, or wording);
(b)how and where signs are to be displayed.
(3)The Scottish Ministers may by regulations create exceptions to the duty in subsection (1).
(4)A person who fails to comply with the duty in subsection (1) commits an offence.
(5)It is a defence for an accused charged with an offence under this section to prove that the accused (or any employee or agent of the accused) took all reasonable precautions and exercised all due diligence not to commit the offence.
(6)A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(1)In this Part “vape-free premises” means such premises as are prescribed by regulations made by the Scottish Ministers as vape-free.
(2)Only no-smoking places may be prescribed as vape-free.
(3)The power to prescribe premises as vape-free may not be used to prescribe a ship or hovercraft in relation to which regulations could be made under section 85 of the Merchant Shipping Act 1995 (safety and health on ships), including that section as applied by any Order in Council under section 1(1)(h) of the Hovercraft Act 1968.
(4)Regulations prescribing premises as vape-free may, in particular—
(a)provide for them to be vape-free, in specified circumstances, at specified times or if specified conditions are satisfied (or any combination of those);
(b)provide for exceptions, which may be framed by reference to the designation by a person of areas which are not vape-free.
(5)The Scottish Ministers must consult such persons as they consider appropriate before making any regulations under this section.
(6)In this section—
“no-smoking place” means—
no smoking premises (within the meaning of section 4(2)), and
a vehicle smoking in which is an offence under the Smoking Prohibition (Children in Motor Vehicles) (Scotland) Act 2016;
“premises” has the meaning given by section 4(9).”
(5)Sections 5 to 10 become a new Chapter 4 of Part 1, with the heading “Enforcement and general”.
(6)In section 40 (regulations or orders), in subsection (3)(a), before “or paragraph 2” insert “, 4G, 4H(1)”.
Commencement Information
I9S. 150 not in force at Royal Assent, see s. 176(3)(b)
(1)The Smoking, Health and Social Care (Scotland) Act 2005 (asp 3) is amended as follows.
(2)After section 4H (inserted by section 150 of this Act) insert—
(1)A person who, having the management or control of heated tobacco-free premises, knowingly permits another to use a heated tobacco device there commits an offence.
(2)A person accused of an offence under this section is to be regarded as having knowingly permitted another to use a heated tobacco device in heated tobacco-free premises if that person ought to have known that the other person was using a heated tobacco device there.
(3)It is a defence for an accused charged with an offence under this section to prove—
(a)that the accused (or any employee or agent of the accused) took all reasonable precautions and exercised all due diligence not to commit the offence; or
(b)that there were no lawful and reasonably practicable means by which the accused could prevent the other person from using a heated tobacco device in the heated tobacco-free premises.
(4)A person guilty of an offence under this section is liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.
(1)A person who uses a heated tobacco device in heated tobacco-free premises commits an offence.
(2)It is a defence for an accused charged with an offence under this section to prove that the accused did not know, and could not reasonably be expected to have known, that the place in which it is alleged that the accused was using a heated tobacco device was heated tobacco-free premises.
(3)A person guilty of an offence under this section is liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
(1)A person who has management or control of heated tobacco-free premises must make sure that signs are displayed in or near those premises in accordance with any requirements imposed by regulations made by the Scottish Ministers for the purposes of this subsection.
(2)The signs must indicate that the use of heated tobacco devices is prohibited in the premises.
(3)Regulations under subsection (1) may, in particular, impose requirements about—
(a)the content or appearance of a sign (for example, requirements as to its size, design, colour, or wording);
(b)how and where signs are to be displayed.
(4)The Scottish Ministers may by regulations create exceptions to the duty in subsection (1).
(5)A person who fails to comply with the duty in subsection (1) commits an offence.
(6)It is a defence for an accused charged with an offence under this section to prove that the accused (or any employee or agent of the accused) took all reasonable precautions and exercised all due diligence not to commit the offence.
(7)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(1)In this Part “heated tobacco-free premises” means such premises as are prescribed by regulations made by the Scottish Ministers as heated tobacco-free.
(2)Only no-smoking places may be prescribed as heated tobacco-free.
(3)The power to prescribe premises as heated tobacco-free premises may not be used to prescribe a ship or hovercraft in relation to which regulations could be made under section 85 of the Merchant Shipping Act 1995 (safety and health on ships), including that section as applied by any Order in Council under section 1(1)(h) of the Hovercraft Act 1968.
(4)Regulations prescribing premises as heated tobacco-free may, in particular—
(a)provide for them to be heated tobacco-free, in specified circumstances, at specified times or if specified conditions are satisfied (or any combination of those);
(b)provide for exceptions, which may be framed by reference to the designation by a person of areas which are not heated tobacco-free.
(5)The Scottish Ministers must consult such persons as they consider appropriate before making any regulations under this section.
(6)In this section—
“no-smoking place” means—
no smoking premises (within the meaning of section 4(2)), and
a vehicle smoking in which is an offence under the Smoking Prohibition (Children in Motor Vehicles) (Scotland) Act 2016;
“premises” has the meaning given by section 4(9).”
(3)In section 40 (regulations or orders), in subsection (3)(a), after “4H(1)” (inserted by section 150 of this Act) insert “, 4K or 4L(1)”.
Commencement Information
I10S. 151 not in force at Royal Assent, see s. 176(3)(b)
Schedule 18 contains amendments consequential on sections 148 to 151.
Commencement Information
I11S. 152 not in force at Royal Assent, see s. 176(3)(b)
(1)The Public Health (Wales) Act 2017 (anaw 2) is amended as follows.
(2)In the Welsh language text of section 13 (additional smoke-free places), after subsection (7) insert—
“(8)Cyn gwneud rheoliadau o dan yr adran hon, rhaid i Weinidogion Cymru ymgynghori ag unrhyw bersonau y mae Gweinidogion Cymru yn ystyried ei bod yn briodol ymgynghori â hwy.”
(3)In the English language text of section 13 (additional smoke-free places), after subsection (7) insert—
“(8)Before making regulations under this section, the Welsh Ministers must consult any persons the Welsh Ministers consider it appropriate to consult.”
(4)In the Welsh language text of section 15 (smoke-free vehicles), after subsection (5) insert—
“(6)Cyn gwneud rheoliadau o dan yr adran hon, rhaid i Weinidogion Cymru ymgynghori ag unrhyw bersonau y mae Gweinidogion Cymru yn ystyried ei bod yn briodol ymgynghori â hwy.”
(5)In the English language text of section 15 (smoke-free vehicles), after subsection (5) insert—
“(6)Before making regulations under this section, the Welsh Ministers must consult any persons the Welsh Ministers consider it appropriate to consult.”
Commencement Information
I12S. 153 not in force at Royal Assent, see s. 176(3)(c)
(1)The Public Health (Wales) Act 2017 (anaw 2) is amended as follows.
(2)In the Welsh language text of section 15 (smoke-free vehicles), in subsection (3), for paragraph (d) substitute—
“(d)ar gyfer eithriadau, y gellir eu llunio drwy gyfeirio at y dynodiad gan berson o ardaloedd nad ydynt yn ddi-fwg.”
(3)In the English language text of section 15 (smoke-free vehicles), in subsection (3), for paragraph (d) substitute—
“(d)for exceptions, which may be framed by reference to the designation by a person of areas which are not smoke-free.”
Commencement Information
I13S. 154 not in force at Royal Assent, see s. 176(3)(c)
(1)Section 17 of the Public Health (Wales) Act 2017 (anaw 2) (no-smoking signs) is amended as follows.
(2)In the Welsh language text—
(a)for subsections (1) and (2) substitute—
“(1)Rhaid i berson sy’n meddiannu mangre ddi-fwg neu sy’n ymwneud â rheoli mangre ddi-fwg sicrhau bod arwyddion dim ysmygu yn cael eu harddangos yn y fangre honno neu’n agos ati yn unol ag unrhyw ofynion a osodir gan reoliadau.
(2)Caiff y rheoliadau, ymhlith pethau eraill, osod gofynion ynghylch—
(a)cynnwys neu ymddangosiad arwydd (er enghraifft, gofynion o ran ei faint, ei ddyluniad, ei liw neu ei eiriad);
(b)sut a ble y mae arwyddion i gael eu harddangos.”
(b)after subsection (3) insert—
“(3A)Caiff rheoliadau o dan is-adran (3), ymhlith pethau eraill, gynnwys unrhyw ddarpariaeth y caniateir ei gwneud gan reoliadau o dan is-adran (1).”
(3)In the English language text—
(a)for subsections (1) and (2) substitute—
“(1)A person who occupies or is concerned in the management of smoke-free premises must make sure that no-smoking signs are displayed in or near those premises in accordance with any requirements imposed by regulations.
(2)The regulations may, among other things, impose requirements about—
(a)the content or appearance of a sign (for example, requirements as to its size, design, colour, or wording);
(b)how and where signs are to be displayed.”
(b)after subsection (3) insert—
“(3A)Regulations under subsection (3) may, among other things, include any provision that may be made by regulations under subsection (1).”
Commencement Information
I14S. 155 not in force at Royal Assent, see s. 176(3)(c)
(1)The Public Health (Wales) Act 2017 (anaw 2) is amended as follows.
(2)In the Welsh language text, before section 18 (enforcement authorities) insert—
(1)Caiff rheoliadau ddynodi mannau neu gerbydau yng Nghymru yn ddi-fêp.
(2)Dim ond mangreoedd di-fwg neu cherbydau di-fwg y caniateir eu dynodi’n ddi-fêp.
(3)Caiff y rheoliadau, ymhlith pethau eraill—
(a)darparu i fannau neu gerbydau fod yn ddi-fêp, o dan amgylchiadau penodedig, ar adegau penodedig neu os yw amodau pendodedig wedi eu bodloni (neu unrhyw gyfuniad o’r rhain);
(b)darparu ar gyfer eithriadau, y gellir eu llunio drwy gyfeirio at y dynodiad gan berson o ardaloedd nad ydynt yn ddi-fêp.
(4)Caiff y rheoliadau, yn benodol, lunio’r amgylchiadau lle mae cerbyd yn ddi-fêp drwy gyfeirio at—
(a)a oes person o dan 18 oed yn bresennol;
(b)ei leoliad.
(5)Nid yw’r pŵer i wneud rheoliadau o dan yr adran hon yn arferadwy mewn perthynas ag—
(a)awyren,
(b)hofrenfad, nac
(c)llong y gellid gwneud rheoliadau mewn perthynas â hi o dan adran 85 o Ddeddf Llongau Masnach 1995 (diogelwch ac iechyd ar longau).
(6)Cyn gwneud rheoliadau o dan yr adran hon, rhaid i Weinidogion Cymru ymgynghori ag unrhyw bersonau y mae Gweinidogion Cymru yn ystyried ei bod yn briodol ymgynghori â hwy.
(7)Yn yr adran hon—
mae i “cerbyd di-fwg” (“smoke-free vehicle”) yr un ystyr ag ym Mhennod 1 (gweler adran 15);
mae i “mangre di-fwg” (“smoke-free premises”) yr un ystyr ag ym Mhennod 1 (gweler adrannau 7 i 14).
(1)Mae person yn cyflawni trosedd os yw’r person yn defnyddio fêp perthnasol—
(a)mewn man di-fêp;
(b)mewn cerbyd di-fêp.
(2)Mae’n amddiffyniad i berson sydd wedi ei gyhuddo o drosedd o dan yr adran hon—
(a)dangos nad oedd y person yn gwybod, ac na ellid bod wedi disgwyl yn rhesymol iddo wybod, fod y man neu’r cerbyd o dan sylw yn fan di-fêp neu’n gerbyd di-fêp, neu
(b)dangos—
(i)bod y person a oedd yn defnyddio’r fêp yn ei ddefnyddio wrth berfformio mewn perfformiad,
(ii)bod cyfiawnhad i’r defnydd o’r fêp i gynnal uniondeb artistig y perfformiad, a
(iii)nad oedd y fêp yn cael ei ddefnyddio i anweddu sylwedd yn cynnwys nicotin.
(3)Os yw person sydd wedi ei gyhuddo o drosedd o dan yr adran hon yn dibynnu ar amddiffyniad yn is-adran (2), ac y dygir tystiolaeth sy’n ddigonol i godi mater mewn cysylltiad â’r amddiffyniad hwnnw, rhaid i’r llys gymryd bod yr amddiffyniad wedi ei fodloni oni bai bod yr erlyniad yn profi y tu hwnt i amheuaeth resymol nad yw wedi ei fodloni.
(4)Mae person sy’n euog o drosedd o dan yr adran hon yn agored ar euogfarn ddiannod i ddirwy nad yw’n uwch na lefel 1 ar y raddfa safonol.
(5)Yn y Bennod hon, ystyr “fêp perthnasol” yw fêp nad yw’n ddyfais cynhesu tybaco.
(1)Rhaid i berson a chanddo reolaeth dros fan sy’n ddi-fêp neu sy’n ymwneud â rheoli man sy’n ddi-fêp gymryd camau rhesymol i beri i berson sy’n defnyddio fêp perthnasol yno beidio â defnyddio’r fêp.
(2)Rhaid i yrrwr cerbyd di-fêp, ac unrhyw berson arall a bennir mewn rheoliadau, gymryd camau rhesymol i beri i berson sy’n defnyddio fêp perthnasol yn y cerbyd beidio â defnyddio’r fêp.
(3)Mae person sy’n methu â chydymffurfio â’r ddyletswydd yn is-adran (1) neu (2) yn cyflawni trosedd.
(4)Mae’n amddiffyniad i berson sydd wedi ei gyhuddo o drosedd o dan yr adran hon ddangos nad oedd yn gwybod, ac na ellid bod wedi disgwyl yn rhesymol iddo wybod, fod y person o dan sylw yn defnyddio fêp.
(5)Mae’n amddiffyniad i berson sydd wedi ei gyhuddo o drosedd o dan yr adran hon ddangos—
(a)bod y person a oedd yn defnyddio’r fêp yn ei ddefnyddio wrth berfformio mewn perfformiad,
(b)bod cyfiawnhad i’r defnydd o’r fêp i gynnal uniondeb artistig y perfformiad, ac
(c)nad oedd y fêp yn cael ei ddefnyddio i anweddu sylwedd yn cynnwys nicotin.
(6)Os yw person sydd wedi ei gyhuddo o drosedd o dan yr adran hon yn dibynnu ar yr amddiffyniad yn is-adran (4) neu (5), ac y dygir tystiolaeth sy’n ddigonol i godi mater mewn cysylltiad â’r amddiffyniad hwnnw, rhaid i’r llys gymryd bod yr amddiffyniad wedi ei fodloni oni bai bod yr erlyniad yn profi y tu hwnt i amheuaeth resymol nad yw wedi ei fodloni.
(7)Mae person sy’n euog o drosedd o dan yr adran hon yn agored ar euogfarn ddiannod i ddirwy nad yw’n uwch na lefel 4 ar y raddfa safonol.
(1)Rhaid i berson sy’n meddiannu man di-fêp neu sy’n ymwneud â rheoli man di-fêp sicrhau bod arwyddion dim fepio yn cael eu harddangos yn y man hwnnw neu’n agos ato yn unol ag unrhyw ofynion a osodir gan reoliadau.
(2)Rhaid i berson sydd â chyfrifoldebau rheoli am gerbyd di-fêp sicrhau bod arwyddion dim fepio yn cael eu harddangos yn y cerbyd hwnnw yn unol ag unrhyw ofynion a osodir gan reoliadau.
(3)Caiff rheoliadau o dan is-adran (1) neu (2), ymhlith pethau eraill, osod gofynion ynghylch—
(a)cynnwys neu ymddangosiad arwydd (er enghraifft, gofynion o ran ei faint, ei ddyluniad, ei liw neu ei eiriad);
(b)sut a ble y mae arwyddion i gael eu harddangos.
(4)Caiff rheoliadau greu eithriadau i'r ddyletswydd yn is-adran (2).
(5)Mae person sy’n methu â chydymffurfio â’r ddyletswydd yn is-adran (1) neu (2) yn cyflawni trosedd.
(6)Mae’n amddiffyniad i berson sydd wedi ei gyhuddo o drosedd o dan yr adran hon ddangos—
(a)nad oedd y person yn gwybod, ac na ellid bod wedi disgwyl yn rhesymol iddo wybod, fod y man neu’r cerbyd yn ddi-fêp,
(b)nad oedd y person yn gwybod, ac na ellid bod wedi disgwyl yn rhesymol iddo wybod, nad oedd arwyddion sy’n cydymffurfio â gofynion yr adran hon yn cael eu harddangos yn unol â gofynion yr adran hon, neu
(c)ei bod, ar seiliau eraill, yn rhesymol i’r person beidio â chydymffurfio â’r ddyletswydd.
(7)Os yw person sydd wedi ei gyhuddo o drosedd o dan yr adran hon yn dibynnu ar amddiffyniad yn is-adran (6), ac y dygir tystiolaeth sy’n ddigonol i godi mater mewn cysylltiad â’r amddiffyniad hwnnw, rhaid i’r llys gymryd bod yr amddiffyniad wedi ei fodloni oni bai bod yr erlyniad yn profi y tu hwnt i amheuaeth resymol nad yw wedi ei fodloni.
(8)Mae person sy’n euog o drosedd o dan yr adran hon yn agored ar euogfarn ddiannod i ddirwy nad yw’n uwch na lefel 3 ar y raddfa safonol.
(9)Nid yw’r adran hon yn gymwys mewn cysylltiad ag unrhyw fangre a ddefnyddir i unrhyw raddau fel annedd.
Yn y Bennod hon—
mae i “anweddu” yr ystyr a roddir i “vaporises” gan adran 50 o Ddeddf Tybaco a Fêps 2026;
ystyr “dyfais cynhesu tybaco” (“heated tobacco device”) yw dyfais sy’n cynhesu tybaco i gynhyrchu anwedd neu erosol at ddiben mewnanadlu drwy ddarn a roddir yn y geg (pa un a yw hefyd yn gallu cynhesu sylwedd arall i gynhyrchu anwedd neu erosol ai peidio);
mae i “fêp” yr ystyr a roddir i “vape” gan adran 50 o Ddeddf Tybaco a Fêps 2026;
mae i “fêp perthnasol” (“relevant vape”) yr ystyr a roddir gan adran 17C(5);
mae “perfformiad” (“performance”) yn cynnwys—
perfformio drama neu berfformiad a roddir mewn cysylltiad â gwneud ffilm neu raglen deledu, a
ymarfer.”
(3)In the English language text, before section 18 (enforcement authorities) insert—
(1)Regulations may designate places or vehicles in Wales as vape-free.
(2)Only smoke-free premises or smoke-free vehicles may be designated as vape-free.
(3)The regulations may, among other things—
(a)provide for places or vehicles to be vape-free, in specified circumstances, at specified times or if specified conditions are satisfied (or any combination of those);
(b)provide for exceptions, which may be framed by reference to the designation by a person of areas which are not vape-free.
(4)The regulations may, in particular, frame the circumstances in which a vehicle is vape-free by reference to—
(a)whether a person under the age of 18 is present;
(b)its location.
(5)The power to make regulations under this section is not exercisable in relation to—
(a)an aircraft,
(b)a hovercraft, or
(c)a ship in relation to which regulations could be made under section 85 of the Merchant Shipping Act 1995 (safety and health on ships).
(6)Before making regulations under this section the Welsh Ministers must consult any persons the Welsh Ministers consider it appropriate to consult.
(7)In this section—
“smoke-free premises” (“mangre di-fwg”) has the same meaning as in Chapter 1 (see sections 7 to 14);
“smoke-free vehicle” (“cerbyd di-fwg”) has the same meaning as in Chapter 1 (see section 15).
(1)A person commits an offence if the person uses a relevant vape—
(a)in a vape-free place;
(b)in a vape-free vehicle.
(2)It is a defence for a person charged with an offence under this section to show—
(a)that the person did not know, and could not reasonably have been expected to know, that the place or vehicle concerned was a vape-free place or a vape-free vehicle, or
(b)that—
(i)the person using the vape was using it when performing in a performance,
(ii)that the use of the vape was justified to preserve the artistic integrity of the performance, and
(iii)that the vape was not being used to vaporise a substance containing nicotine.
(3)If a person charged with an offence under this section relies on a defence in subsection (2), and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.
(4)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 1 on the standard scale.
(5)In this Chapter “relevant vape” means a vape that is not a heated tobacco device.
(1)A person who controls or is concerned in the management of a place that is vape-free must take reasonable steps to cause a person using a relevant vape there to stop using the vape.
(2)The driver of a vape-free vehicle, and any other person specified in regulations, must take reasonable steps to cause a person using a relevant vape in the vehicle to stop using the vape.
(3)A person who fails to comply with the duty in subsection (1) or (2) commits an offence.
(4)It is a defence for a person charged with an offence under this section to show that they did not know, and could not reasonably have been expected to know, that the person in question was using a vape.
(5)It is a defence for a person charged with an offence under this section to show—
(a)that the person using the vape was using it when performing in a performance,
(b)that the use of the vape was justified to preserve the artistic integrity of the performance, and
(c)that the vape was not being used to vaporise a substance containing nicotine.
(6)If a person charged with an offence under this section relies on the defence in subsection (4) or (5), and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.
(7)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(1)A person who occupies or is concerned in the management of a vape-free place must make sure that no-vaping signs are displayed in or near that place in accordance with any requirements imposed by regulations.
(2)A person who has management responsibilities for a vape-free vehicle must make sure that no-vaping signs are displayed in that vehicle in accordance with any requirements imposed by regulations.
(3)Regulations under subsection (1) or (2) may, among other things, impose requirements about—
(a)the content or appearance of a sign (for example, requirements as to its size, design, colour, or wording);
(b)how and where signs are to be displayed.
(4)Regulations may create exceptions to the duty in subsection (2).
(5)A person who fails to comply with the duty in subsection (1) or (2) commits an offence.
(6)It is a defence for a person charged with an offence under this section to show—
(a)that the person did not know, and could not reasonably have been expected to know, that the place or vehicle was vape-free,
(b)that the person did not know, and could not reasonably have been expected to know, that signs complying with the requirements of this section were not being displayed in accordance with the requirements of this section, or
(c)that on other grounds it was reasonable for the person not to comply with the duty.
(7)If a person charged with an offence under this section relies on a defence in subsection (6), and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.
(8)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(9)This section does not apply in respect of any premises used to any extent as a dwelling.
In this Chapter—
“heated tobacco device” (“dyfais cynhesu tybaco”) means a device that heats tobacco to generate a vapour or an aerosol for the purpose of inhalation through a mouthpiece (whether or not it can also heat other matter to produce a vapour or aerosol);
“performance” (“perfformiad”) includes—
the performance of a play or a performance given in connection with the making of a film or television programme, and
a rehearsal;
“relevant vape” (“fêp perthnasol”) has the meaning given by section 17C(5);
“vape” (“fêp”) has the meaning given by section 50 of the Tobacco and Vapes Act 2026;
“vaporises” (“anweddu”) has the meaning given by section 50 of the Tobacco and Vapes Act 2026.”
(4)In the Welsh language text and the English language text of section 123, in subsection (2)(a), before “or 50(2)” insert “17B(1),”.
Commencement Information
I15S. 156 not in force at Royal Assent, see s. 176(3)(c)
(1)The Public Health (Wales) Act 2017 (anaw 2) is amended as follows.
(2)In the Welsh language text, after section 17F (inserted by section 156) insert—
(1)Caiff rheoliadau ddynodi mannau neu gerbydau yng Nghymru yn rhai dim tybaco wedi ei gynhesu.
(2)Dim ond mangreoedd di-fwg neu cherbydau di-fwg y caniateir eu dynodi’n rhai dim tybaco wedi ei gynhesu.
(3)Caiff y rheoliadau, ymhlith pethau eraill—
(a)darparu i fannau neu gerbydau fod yn rhai dim tybaco wedi ei gynhesu, o dan amgylchiadau penodedig, ar adegau penodedig neu os yw amodau penodedig wedi eu bodloni (neu unrhyw gyfuniad o’r rhain);
(b)darparu ar gyfer eithriadau, y gellir eu llunio drwy gyfeirio at y dynodiad gan berson o ardaloedd nad ydynt yn rhai dim tybaco wedi ei gynhesu.
(4)Caiff y rheoliadau, yn benodol, lunio’r amgylchiadau lle mae cerbyd yn un dim tybaco wedi ei gynhesu drwy gyfeirio at—
(a)a oes person o dan 18 oed yn bresennol;
(b)ei leoliad.
(5)Nid yw’r pŵer i wneud rheoliadau o dan yr adran hon yn arferadwy mewn perthynas ag—
(a)awyren,
(b)hofrenfad, nac
(c)llong y gellid gwneud rheoliadau mewn perthynas â hi o dan adran 85 o Ddeddf Llongau Masnach 1995 (diogelwch ac iechyd ar longau).
(6)Cyn gwneud rheoliadau o dan yr adran hon, rhaid i Weinidogion Cymru ymgynghori ag unrhyw bersonau y mae Gweinidogion Cymru yn ystyried ei bod yn briodol ymgynghori â hwy.
(7)Yn yr adran hon—
mae i “cerbyd di-fwg” (“smoke-free vehicle”) yr un ystyr ag ym Mhennod 1 (gweler adran 15);
mae i “mangre di-fwg” (“smoke-free premises”) yr un ystyr ag ym Mhennod 1 (gweler adrannau 7 i 14).
(1)Mae person yn cyflawni trosedd os yw’r person yn defnyddio dyfais cynhesu tybaco—
(a)mewn man dim tybaco wedi ei gynhesu;
(b)mewn cerbyd dim tybaco wedi ei gynhesu.
(2)Mae’n amddiffyniad i berson sydd wedi ei gyhuddo o drosedd o dan yr adran hon ddangos nad oedd y person yn gwybod, ac na ellid bod wedi disgwyl yn rhesymol iddo wybod, fod y man neu’r cerbyd o dan sylw yn fan dim tybaco wedi ei gynhesu neu’n gerbyd dim tybaco wedi ei gynhesu.
(3)Os yw person sydd wedi ei gyhuddo o drosedd o dan yr adran hon yn dibynnu ar yr amddiffyniad yn is-adran (2), ac y dygir tystiolaeth sy’n ddigonol i godi mater mewn cysylltiad â’r amddiffyniad hwnnw, rhaid i’r llys gymryd bod yr amddiffyniad wedi ei fodloni oni bai bod yr erlyniad yn profi y tu hwnt i amheuaeth resymol nad yw wedi ei fodloni.
(4)Mae person sy’n euog o drosedd o dan yr adran hon yn agored ar euogfarn ddiannod i ddirwy nad yw’n uwch na lefel 1 ar y raddfa safonol.
(1)Rhaid i berson a chanddo reolaeth dros fan dim tybaco wedi ei gynhesu neu sy’n ymwneud â rheoli man dim tybaco wedi ei gynhesu gymryd camau rhesymol i beri i berson sy’n defnyddio dyfais cynhesu tybaco yno beidio â defnyddio’r ddyfais.
(2)Rhaid i yrrwr cerbyd dim tybaco wedi ei gynhesu, ac unrhyw berson arall a bennir mewn rheoliadau, gymryd camau rhesymol i beri i berson sy’n defnyddio dyfais cynhesu tybaco yn y cerbyd beidio â defnyddio’r ddyfais.
(3)Mae person sy’n methu â chydymffurfio â’r ddyletswydd yn is-adran (1) neu (2) yn cyflawni trosedd.
(4)Mae’n amddiffyniad i berson sydd wedi ei gyhuddo o drosedd o dan yr adran hon ddangos nad oedd yn gwybod, ac na ellid bod wedi disgwyl yn rhesymol iddo wybod, fod y person o dan sylw yn defnyddio dyfais cynhesu tybaco.
(5)Os yw person sydd wedi ei gyhuddo o drosedd o dan yr adran hon yn dibynnu ar yr amddiffyniad yn is-adran (4), ac y dygir tystiolaeth sy’n ddigonol i godi mater mewn cysylltiad â’r amddiffyniad hwnnw, rhaid i’r llys gymryd bod yr amddiffyniad wedi ei fodloni oni bai bod yr erlyniad yn profi y tu hwnt i amheuaeth resymol nad yw wedi ei fodloni.
(6)Mae person sy’n euog o drosedd o dan yr adran hon yn agored ar euogfarn ddiannod i ddirwy nad yw’n uwch na lefel 4 ar y raddfa safonol.
(1)Rhaid i berson sy’n meddiannu man dim tybaco wedi ei gynhesu neu sy’n ymwneud â rheoli man dim tybaco wedi ei gynhesu sicrhau bod arwyddion yn cael eu harddangos yn y man hwnnw neu’n agos ato yn unol ag unrhyw ofynion a osodir gan reoliadau.
(2)Rhaid i berson sydd â chyfrifoldebau rheoli am gerbyd di-gynhesu tybaco sicrhau bod arwyddion yn cael eu harddangos yn y cerbyd hwnnw yn unol ag unrhyw ofynion a osodir gan reoliadau.
(3)Rhaid i’r arwyddion ddynodi bod y defnydd o ddyfeisiau cynhesu tybaco wedi ei wahardd yn y man neu’r cerbyd.
(4)Caiff rheoliadau o dan is-adran (1) neu (2), ymhlith pethau eraill, osod gofynion ynghylch—
(a)cynnwys neu ymddangosiad arwydd (er enghraifft, gofynion o ran ei faint, ei ddyluniad, ei liw neu ei eiriad);
(b)sut a ble y mae arwyddion i gael eu harddangos.
(5)Caiff rheoliadau greu eithriadau i'r ddyletswydd yn is-adran (2).
(6)Mae person sy’n methu â chydymffurfio â’r ddyletswydd yn is-adran (1) neu (2) yn cyflawni trosedd.
(7)Mae’n amddiffyniad i berson sydd wedi ei gyhuddo o drosedd o dan yr adran hon ddangos—
(a)nad oedd y person yn gwybod, ac na ellid bod wedi disgwyl yn rhesymol iddo wybod, fod y man neu’r cerbyd yn un dim tybaco wedi ei gynhesu,
(b)nad oedd y person yn gwybod, ac na ellid bod wedi disgwyl yn rhesymol iddo wybod, nad oedd arwyddion sy’n cydymffurfio â gofynion yr adran hon yn cael eu harddangos yn unol â gofynion yr adran hon, neu
(c)ei bod, ar seiliau eraill, yn rhesymol i’r person beidio â chydymffurfio â’r ddyletswydd.
(8)Os yw person sydd wedi ei gyhuddo o drosedd o dan yr adran hon yn dibynnu ar amddiffyniad yn is-adran (7), ac y dygir tystiolaeth sy’n ddigonol i godi mater mewn cysylltiad â’r amddiffyniad hwnnw, rhaid i’r llys gymryd bod yr amddiffyniad wedi ei fodloni oni bai bod yr erlyniad yn profi y tu hwnt i amheuaeth resymol nad yw wedi ei fodloni.
(9)Mae person sy’n euog o drosedd o dan yr adran hon yn agored ar euogfarn ddiannod i ddirwy nad yw’n uwch na lefel 3 ar y raddfa safonol.
(10)Nid yw’r adran hon yn gymwys mewn cysylltiad ag unrhyw fangre a ddefnyddir i unrhyw raddau fel annedd.
Yn y Bennod hon, ystyr “dyfais cynhesu tybaco” yw dyfais sy’n cynhesu tybaco i gynhyrchu anwedd neu erosol at ddiben mewnanadlu drwy ddarn i’w roi yn y geg (pa un a yw hefyd yn gallu cynhesu sylwedd arall i gynhyrchu anwedd neu erosol ai peidio).”
(3)In the English language text, after section 17F (inserted by section 156) insert—
(1)Regulations may designate places or vehicles in Wales as heated tobacco-free.
(2)Only smoke-free premises or smoke-free vehicles may be designated as heated tobacco-free.
(3)The regulations may, among other things—
(a)provide for places or vehicles to be heated tobacco-free, in specified circumstances, at specified times or if specified conditions are satisfied (or any combination of those);
(b)provide for exceptions, which may be framed by reference to the designation by a person of areas which are not heated tobacco-free.
(4)The regulations may, in particular, frame the circumstances in which a vehicle is heated tobacco-free by reference to—
(a)whether a person under the age of 18 is present;
(b)its location.
(5)The power to make regulations under this section is not exercisable in relation to—
(a)an aircraft,
(b)a hovercraft, or
(c)a ship in relation to which regulations could be made under section 85 of the Merchant Shipping Act 1995 (safety and health on ships).
(6)Before making regulations under this section the Welsh Ministers must consult any persons the Welsh Ministers consider it appropriate to consult.
(7)In this section—
“smoke-free premises” (“mangre di-fwg”) has the same meaning as in Chapter 1 (see sections 7 to 14);
“smoke-free vehicle” (“cerbyd di-fwg”) has the same meaning as in Chapter 1 (see section 15).
(1)A person commits an offence if the person uses a heated tobacco device—
(a)in a heated tobacco-free place;
(b)in a heated tobacco-free vehicle.
(2)It is a defence for a person charged with an offence under this section to show that the person did not know, and could not reasonably have been expected to know, that the place or vehicle concerned was a heated tobacco-free place or a heated tobacco-free vehicle.
(3)If a person charged with an offence under this section relies on the defence in subsection (2), and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.
(4)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 1 on the standard scale.
(1)A person who controls or is concerned in the management of a place that is heated tobacco-free must take reasonable steps to cause a person using a heated tobacco device there to stop using the device.
(2)The driver of a heated tobacco-free vehicle, and any other person specified in regulations, must take reasonable steps to cause a person using a heated tobacco device in the vehicle to stop using the device.
(3)A person who fails to comply with the duty in subsection (1) or (2) commits an offence.
(4)It is a defence for a person charged with an offence under this section to show that they did not know, and could not reasonably have been expected to know, that the person in question was using a heated tobacco device.
(5)If a person charged with an offence under this section relies on the defence in subsection (4), and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.
(6)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(1)A person who occupies or is concerned in the management of a heated tobacco-free place must make sure that signs are displayed in or near that place in accordance with any requirements imposed by regulations.
(2)A person who has management responsibilities for a heated tobacco-free vehicle must make sure that signs are displayed in that vehicle in accordance with any requirements imposed by regulations.
(3)The signs must indicate that the use of heated tobacco devices is prohibited in the place or vehicle.
(4)Regulations under subsection (1) or (2) may, among other things, impose requirements about—
(a)the content or appearance of a sign (for example, requirements as to its size, design, colour, or wording);
(b)how and where signs are to be displayed.
(5)Regulations may create exceptions to the duty in subsection (2).
(6)A person who fails to comply with the duty in subsection (1) or (2) commits an offence.
(7)It is a defence for a person charged with an offence under this section to show—
(a)that the person did not know, and could not reasonably have been expected to know, that the place or vehicle was heated tobacco-free,
(b)that the person did not know, and could not reasonably have been expected to know, that signs complying with the requirements of this section were not being displayed in accordance with the requirements of this section, or
(c)that on other grounds it was reasonable for the person not to comply with the duty.
(8)If a person charged with an offence under this section relies on a defence in subsection (7), and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.
(9)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(10)This section does not apply in respect of any premises used to any extent as a dwelling.
In this Chapter, “heated tobacco device” means a device that heats tobacco to generate a vapour or an aerosol for the purpose of inhalation through a mouthpiece (whether or not it can also heat other matter to produce a vapour or aerosol).”
(4)In the Welsh language text and the English language text of section 123, in subsection (2)(a), after “17B(1),” (inserted by section 156 of this Act) insert “17G(1)”.
Commencement Information
I16S. 157 not in force at Royal Assent, see s. 176(3)(c)
Schedule 19 contains amendments consequential on sections 153 to 157.
Commencement Information
I17S. 158 not in force at Royal Assent, see s. 176(3)(c)
(1)The Smoking (Northern Ireland) Order 2006 (S.I. 2006/2957 (N.I. 20)) is amended as follows.
(2)For Article 5 substitute—
(1)The Department may make regulations designating as smoke-free any place that—
(a)is a workplace, or
(b)is open to the public,
and is not smoke-free under Article 3.
(2)If the place is used as a place of work or open to the public only some of the time the regulations must provide for it to be smoke-free only when so used.
(3)The regulations may, in particular—
(a)provide for places to be smoke-free, in specified circumstances, at specified times or if specified conditions are satisfied (or any combination of those);
(b)provide for exceptions, which may be framed by reference to the designation by a person of areas which are not smoke-free.
(4)Before making regulations under this Article the Department must consult any persons that the Department considers it appropriate to consult.”
(3)In Article 6 (vehicles)—
(a)in paragraph (2), for sub-paragraph (d) substitute—
“(d)for exceptions, which may be framed by reference to the designation by a person of areas which are not smoke-free.”;
(b)after paragraph (2) insert—
“(3)Before making regulations under this Article the Department must consult any persons the Department considers it appropriate to consult.”
Commencement Information
I18S. 159 not in force at Royal Assent, see s. 176(3)(d)
(1)Article 7 of the Smoking (Northern Ireland) Order 2006 (S.I. 2006/2957 (N.I. 20)) (no-smoking signs) is amended as follows.
(2)For paragraph (1) substitute—
“(1)A person who occupies or is concerned in the management of smoke-free premises must make sure that no-smoking signs are displayed in or near those premises in accordance with any requirements imposed by regulations.
(1A)The regulations may, in particular, impose requirements about—
(a)the content or appearance of a sign (for example, requirements as to its size, design, colour, or wording);
(b)how and where signs are to be displayed.”
(3)After paragraph (2) insert—
“(2A)Regulations under paragraph (2) may, in particular, include any provision that may be made by regulations under paragraph (1).”
(4)Omit paragraphs (3) and (4).
Commencement Information
I19S. 160 not in force at Royal Assent, see s. 176(3)(d)
(1)The Smoking (Northern Ireland) Order 2006 (S.I. 2006/2957 (N.I. 20)) is amended as follows.
(2)Articles 1 and 2 become Part 1, with the heading “Introductory”, and the italic heading before Article 1 is omitted.
(3)In Article 2 (interpretation), in paragraph (3) insert at the appropriate place—
(4)Articles 3 to 9 (and the italic heading before Article 3) become Part 2, with the heading “Smoking”.
(5)After Article 9 insert—
(1)Regulations may designate places or vehicles as vape-free.
(2)Only smoke-free places may be designated as vape-free.
(3)The regulations may, in particular—
(a)provide for places or vehicles to be vape-free, in specified circumstances, at specified times or if specified conditions are satisfied (or any combination of those);
(b)provide for exceptions, which may be framed by reference to the designation by a person of areas which are not vape-free.
(4)The regulations may, in particular, frame the circumstances in which a vehicle is vape-free by reference to—
(a)whether a person under the age of 18 is present;
(b)its location.
(5)Before making regulations under this Article the Department must consult any persons it considers it appropriate to consult.
(6)References in this Order, however expressed, to places or vehicles which are vape-free are to those places or vehicles so far as they are vape-free by virtue of regulations under this Article.
(7)In this Article “smoke-free place” has the meaning given by Article 8(1).
(1)A person who occupies or is concerned in the management of a vape-free place must make sure that no-vaping signs are displayed in or near that place in accordance with any requirements imposed by regulations.
(2)A person who has management responsibilities for a vape-free vehicle must make sure that no-vaping signs are displayed in that vehicle in accordance with any requirements imposed by regulations.
(3)Regulations under paragraph (1) or (2) may, in particular, impose requirements about—
(a)the content or appearance of a sign (for example, requirements as to its size, design, colour, or wording);
(b)how and where signs are to be displayed.
(4)Regulations may create exceptions to the duty in paragraph (2).
(5)A person who fails to comply with the duty in paragraph (1) or (2) commits an offence.
(6)It is a defence for a person charged with an offence under paragraph (5) to show—
(a)that they did not know, and could not reasonably have been expected to know, that the place or vehicle was vape-free,
(b)that they did not know, and could not reasonably have been expected to know, that no-vaping signs complying with the requirements of this Article were not being displayed in accordance with the requirements of this Article, or
(c)that on other grounds it was reasonable for them not to comply with the duty.
(7)If a person charged with an offence under paragraph (5) relies on a defence in paragraph (6), and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.
(8)A person guilty of an offence under paragraph (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(1)A person who uses a relevant vape in a vape-free place or vehicle commits an offence.
(2)It is a defence for a person charged with an offence under paragraph (1) to show—
(a)that they did not know, and could not reasonably have been expected to know, that it was a vape-free place or vehicle, or
(b)that—
(i)the person was using the vape when performing in a performance,
(ii)that the use of the vape was justified to preserve the artistic integrity of the performance, and
(iii)that the vape was not being used to vaporise a substance containing nicotine.
(3)If a person charged with an offence under this Article relies on a defence in paragraph (2), and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.
(4)A person guilty of an offence under this Article is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(1)A person who controls or is concerned in the management of a vape-free place must cause a person using a relevant vape there to stop using the vape.
(2)The driver of a vape-free vehicle, and any other person specified in regulations, must cause a person using a relevant vape in the vehicle to stop using the vape.
(3)A person who fails to comply with the duty in paragraph (1) or (2) commits an offence.
(4)It is a defence for a person charged with an offence under paragraph (3) to show—
(a)that they took reasonable steps to cause the person in question to stop using the vape,
(b)that they did not know, and could not reasonably have been expected to know, that the person in question was using a vape, or
(c)that on other grounds it was reasonable for them not to comply with the duty.
(5)It is a defence for a person charged with an offence under paragraph (3) to show—
(a)that the person using the vape was using it when performing in a performance,
(b)that the use of the vape was justified to preserve the artistic integrity of the performance, and
(c)that the vape was not being used to vaporise a substance containing nicotine.
(6)If a person charged with an offence under this Article relies on a defence in paragraph (4) or (5), and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.
(7)A person guilty of an offence under this Article is liable on summary conviction to a fine not exceeding level 4 on the standard scale.”
(6)Articles 10 to 13 become Part 5, with the heading “Enforcement”, and the italic heading before Article 10 is omitted.
(7)Articles 14 to 17 (and the italic heading before Article 14) become Part 6, with the heading “Miscellaneous and supplementary”.
(8)In Article 15 (regulations), in paragraph (3)(a), after “6” insert “, 9A”.
Commencement Information
I20S. 161 not in force at Royal Assent, see s. 176(3)(d)
(1)The Smoking (Northern Ireland) Order 2006 (S.I. 2006/2957 (N.I. 20)) is amended as follows.
(2)In Article 2 (interpretation), in paragraph (3) insert at the appropriate place—
(3)After Article 9D (inserted by section 161 of this Act) insert—
(1)Regulations may designate places or vehicles as heated tobacco-free.
(2)Only smoke-free places may be designated as heated tobacco-free.
(3)The regulations may, in particular—
(a)provide for places or vehicles to be heated tobacco-free, in specified circumstances, at specified times or if specified conditions are satisfied (or any combination of those);
(b)provide for exceptions, which may be framed by reference to the designation by a person of areas which are not heated tobacco-free.
(4)The regulations may, in particular, frame the circumstances in which a vehicle is heated tobacco-free by reference to—
(a)whether a person under the age of 18 is present;
(b)its location.
(5)Before making regulations under this Article the Department must consult any persons it considers it appropriate to consult.
(6)References in this Order, however expressed, to places or vehicles which are heated tobacco-free are to those places or vehicles so far as they are heated tobacco-free by virtue of regulations under this Article.
(7)In this Article “smoke-free place” has the meaning given by Article 8(1).
(1)A person who occupies or is concerned in the management of a heated tobacco-free place must make sure that signs are displayed in or near that place in accordance with any requirements imposed by regulations.
(2)A person who has management responsibilities for a heated tobacco-free vehicle must make sure that signs are displayed in that vehicle in accordance with any requirements imposed by regulations.
(3)The signs must indicate that the use of heated tobacco devices is prohibited in the place or vehicle.
(4)Regulations under paragraph (1) or (2) may, in particular, impose requirements about—
(a)the content or appearance of a sign (for example, requirements as to its size, design, colour, or wording);
(b)how and where signs are to be displayed.
(5)Regulations may create exceptions to the duty in paragraph (2).
(6)A person who fails to comply with the duty in paragraph (1) or (2) commits an offence.
(7)It is a defence for a person charged with an offence under paragraph (6) to show—
(a)that they did not know, and could not reasonably have been expected to know, that the place or vehicle was heated tobacco-free,
(b)that they did not know, and could not reasonably have been expected to know, that signs complying with the requirements of this Article were not being displayed in accordance with the requirements of this Article, or
(c)that on other grounds it was reasonable for them not to comply with the duty.
(8)If a person charged with an offence under paragraph (6) relies on a defence in paragraph (7), and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.
(9)A person guilty of an offence under paragraph (6) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(1)A person who uses a heated tobacco device in a heated tobacco-free place or vehicle commits an offence.
(2)It is a defence for a person charged with an offence under paragraph (1) to show that they did not know, and could not reasonably have been expected to know, that it was a heated tobacco-free place or vehicle.
(3)If a person charged with an offence under this Article relies on the defence in paragraph (2), and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.
(4)A person guilty of an offence under this Article is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(1)A person who controls or is concerned in the management of a heated tobacco-free place must cause a person using a heated tobacco device there to stop using the device.
(2)The driver of a heated tobacco-free vehicle, and any other person specified in regulations, must cause a person using a heated tobacco device in the vehicle to stop using the device.
(3)A person who fails to comply with the duty in paragraph (1) or (2) commits an offence.
(4)It is a defence for a person charged with an offence under paragraph (3) to show—
(a)that they took reasonable steps to cause the person in question to stop using the heated tobacco device,
(b)that they did not know, and could not reasonably have been expected to know, that the person in question was using a heated tobacco device, or
(c)that on other grounds it was reasonable for them not to comply with the duty.
(5)If a person charged with an offence under paragraph (3) relies on a defence in paragraph (4), and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.
(6)A person guilty of an offence under paragraph (3) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.”
(4)In Article 15 (regulations), in paragraph (3)(a), after “, 9A” (inserted by section 161 of this Act) insert “, 9E”.
Commencement Information
I21S. 162 not in force at Royal Assent, see s. 176(3)(d)
Schedule 20 contains amendments consequential on sections 159 to 162.
Commencement Information
I22S. 163 not in force at Royal Assent, see s. 176(3)(d)
(1)Section 85 of the Merchant Shipping Act 1995 (safety and health on ships) is amended as follows.
(2)In subsection (8)—
(a)in the words before paragraph (a)—
(i)after “prohibition of smoking” insert “or the use of relevant vapes or heated tobacco devices”;
(ii)for “smoking provisions” substitute “relevant provisions”;
(b)in paragraph (a), for “smoking provisions” substitute “relevant provisions”;
(c)in paragraph (b), at the end insert “in relation to the relevant provisions”;
(d)in paragraph (c)—
(i)after “enforcement functions” insert “in relation to the relevant provisions”;
(ii)after “authorised officers have” insert “in relation to smoking”;
(iii)for “(which confers powers of entry, etc., on authorised officers of enforcement authorities in relation to the enforcement of the provisions of that Act in relation to smoking)” substitute “(powers of entry)”;
(e)for paragraph (d) substitute—
“(d)in relation to an offence of smoking or using a relevant vape or heated tobacco device in a place where to do so is prohibited under the relevant provisions, for purposes corresponding to those of section 9 and Schedule 1 to the Health Act 2006 (fixed penalties).”;
(f)omit the words after paragraph (d).
(3)After subsection (8) insert—
“(9)In subsection (8)—
“heated tobacco device” means a device that heats tobacco to generate a vapour or an aerosol for the purpose of inhalation through a mouthpiece (whether or not it can also heat other matter to produce a vapour or aerosol);
“relevant vape” means a vape that is not a heated tobacco device;
“smoking” has the same meaning as in Chapter 1 of Part 1 of the Health Act 2006;
“vape” has the meaning given by section 50 of the Tobacco and Vapes Act 2026.”
Commencement Information
I23S. 164 not in force at Royal Assent, see s. 176(3)(a)