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

Statutory Instruments

2015 No. 939

Public Health

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

Made

26th March 2015

Laid before Parliament

27th March 2015

Coming into force

1st October 2015

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 8(3) of, and paragraph 4 of Schedule 1 to, the Health Act 2006(1).

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(2).

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(3)—

(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

Regulation 4(2)

SCHEDULE

Form 2 – Smoking in a smoke-free vehicle / Failing to prevent smoking in a smoke-free private vehicle

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, made under Chapter 1 of Part 1 of, and Schedule 1 to, the Health Act 2006 contain provisions which relate to smoke-free places (premises and vehicles) in England. They amend the Smoke-free (Vehicle Operators and Penalty Notices) Regulations 2007 (“the 2007 Regulations”).

Regulation 2 of these Regulations amends regulation 2 of the 2007 Regulations so as to provide that the driver of a private vehicle that is smoke-free is under a duty to cause persons to stop smoking in that vehicle.

Regulation 3 replaces the Penalty Notice form in Schedule 2 to the 2007 Regulations with the Penalty Notice form in the Schedule to these Regulations which means that the form can be used for the offence of failing to prevent smoking in a smoke-free private vehicle under section 8 of the Health Act 2006, as well as the offence of smoking in a smoke-free place under section 7 of that Act.

(1)

2006 c.28. As to the meaning of “the appropriate national authority” see section 82(1) of the Health Act 2006.

(2)

S.I. 2007/760.

(3)

S.I. 2007/765.