The Smoke-free (Vehicle Operators and Penalty Notices) (Amendment) Regulations 2015

Citation, commencement, application and interpretation

1.—(1) These Regulations may be cited as the Smoke-free (Vehicle Operators and Penalty Notices) (Amendment) Regulations 2015 and they come into force on 1st October 2015.

(2) These Regulations apply in relation to England.

(3) In these Regulations “the 2007 Regulations” means the Smoke-free (Vehicle Operators and Penalty Notices) Regulations 2007(1).

Amendment of the 2007 Regulations

2.  The 2007 Regulations are amended as follows.

Failing to prevent smoking in smoke-free private vehicles

3.  For regulation 2 of the 2007 Regulations substitute the following—

“2.— (1) The persons set out in paragraphs (2) and (3) of this regulation are under a duty corresponding to that in section 8(1) of the Act to cause any person who is smoking in a smoke-free vehicle to stop smoking.

(2) In respect of a vehicle that is smoke-free by virtue of regulation 11(1) of the Smoke-free (Exemptions and Vehicles) Regulations 2007(2)—

(a) a driver;

(b) any person with management responsibilities for the vehicle; and

(c) any person on a vehicle who is responsible for order or safety on it.

(3) In respect of a vehicle that is smoke-free by virtue of regulation 11(1A) of the Smoke-free (Exemptions and Vehicles) Regulations 2007, the driver.”

Form of fixed penalty notice

4.—(1) In regulation 3(2) of the 2007 Regulations, for “the offence of smoking in a smoke-free place under section 7 of the Act.” substitute—

“(a) the offence of smoking in a smoke-free place under section 7 of the Act; and

(b) the offence of failing to prevent smoking in a vehicle under section 8 of the Act, where the vehicle is smoke-free by virtue of regulation 11(1A) of the Smoke-free (Exemptions and Vehicles) Regulations 2007.”

(2) For the penalty notice form 2 in Schedule 2 to the 2007 Regulations, substitute the penalty notice form 2 in the Schedule to these Regulations.

Signed by authority of the Secretary of State for Health.

Jane Ellison

Parliamentary Under-Secretary of State,

Department of Health

26th March 2015