The Smoke-free Premises and Vehicles (Wales) Regulations 2020

PART 4 ENFORCEMENT

Enforcement authority: police

19.  The chief officer of police for a police area is authorised to act as an enforcement authority in relation to vehicles in its area that are smoke-free by virtue of regulation 15(3)(b) (vehicles being used for social, domestic or other private purposes where a child is present).

Fixed penalty amounts

20.  The fixed penalty amounts specified for the purposes of paragraph 6 of Schedule 1 to the Act are—

(a) in respect of an offence under section 17(5) of the Act (offence of failing to display a sign), £200,

(b) in respect of an offence under section 5(1) of the Act (offence of smoking in smoke-free premises or in a smoke-free vehicle), £100, and

(c) in respect of an offence under section 6(6) of the Act in relation to a vehicle being used for the purposes mentioned in section 27(4) of the Act (offence of failing to prevent smoking in vehicle being used for social, domestic or other private purposes where a child is present), £100.

Fixed penalty amounts: discounted amounts

21.  The discounted amounts specified for the purposes of paragraph 9 of Schedule 1 to the Act are—

(a) in respect of an offence under section 17(5) of the Act (offence of failing to display a sign), £150,

(b) in respect an offence under section 5(1) of the Act (offence of smoking in smoke-free premises or in a smoke-free vehicle), £75, and

(c) in respect of an offence under section 6(6) of the Act in relation to a vehicle being used for the purposes mentioned in section 27(4) of the Act (offence of failing to prevent smoking in vehicle being used for social, domestic or other private purposes where a child is present), £75.

Form of fixed penalty notices

22.—(1) A fixed penalty notice must be in the form set out in Schedule 1 in respect of an offence under section 17(5) of the Act (offence of failing to display a sign).

(2) A fixed penalty notice must be in the form set out in Schedule 2 in respect of an offence under—

(a) section 5(1) of the Act (offence of smoking in a smoke-free vehicle or in smoke-free premises), and

(b) section 6(6) of the Act (offence of failing to prevent smoking in vehicle being used for social, domestic or other private purposes where a child is present).

(3) Paragraphs (1) and (2) do not prevent an enforcement authority from including on a fixed penalty notice form—

(a) information about the method of payment,

(b) information to facilitate financial and administrative processing of the forms, and

(c) coats of arms, logos or other devices to represent the authority.