The Smoking, Health and Social Care (Scotland) Act 2005 and the Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006 (Consequential Provisions) (Scotland) Order 2006

Explanatory Note

(This note is not part of the Order)

This Order makes provision in consequence of the Smoking, Health and Social Care (Scotland) Act 2005 (asp13) (“the 2005 Act”) and the Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006 (SSI 2006/90) (“the 2006 Regulations”).

The 2005 Act introduced a ban on smoking in certain premises in Scotland which are wholly or substantially enclosed and of a type prescribed in regulations made under the Act. These are defined as “no-smoking” premises. The 2006 Regulations made under the Act prescribed the premises that are no-smoking premises for the purposes of Part 1 of the Act. Regulation 3 provides that no-smoking premises are the premises or classes of premises that are listed in Schedule 1 to those Regulations. Regulation 2 defines premises as including vehicles, and vehicles as including vessels.

Article 3 of this Order provides for the definition of “vehicle” in the 2006 Regulations to have effect in a modified way, so as to include a “relevant ship”. The meaning of a “relevant ship” is set out in article 3(1).

Article 3(3) provides that the offences created by Part 1 of the 2005 Act, and related enforcement, and other provisions shall apply in relation to such ships.

By virtue of article 4, where an offence under Part 1 of the 2005 Act is committed on a United Kingdom ship outside Scotland it may be treated as having been committed in Scotland and proceedings may be taken accordingly.

A Regulatory Impact Assessment has not been prepared in relation to this Order as it has negligible impact on business.