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

• Citation: S.I. 2006/1115
• Sections: 4

Section 1 Citation and commencement

This Order may be cited as 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 and comes into force on 15th May 2006.

Section 2 Interpretation

In this Order—

“the 2005 Act ” means the Smoking, Health and Social Care (Scotland) Act 2005;

“the 2006 Regulations ” means the Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006;

“exempted voyage” means a voyage with—

a point of departure;

a destination; or

at least one port of call,

outside Scotland, and includes part of such a voyage;

“ferry service” means a regular service the principal purpose of which is the transport of passengers or of passengers and goods;

“passenger”, means in relation to a ship, every person other than—

the master and the members of the crew or other persons employed or engaged in any capacity on board the ship on the business of that ship; and

a child under one year of age;

“passenger ship” means a ship which carries one or more passengers;

“United Kingdom ship” means a vessel which—

is registered in the United Kingdom; or

is not registered under the law of any country but is wholly owned by persons each of whom is—

a British citizen, a British overseas territories citizen or a British Overseas citizen; or

a body corporate which is established under the law of a part of the United Kingdom and has its principal place of business in the United Kingdom.

Section 3 Application of the 2005 Act and the 2006 Regulations

(1) In this article a “relevant ship” is a ship—

(a) to which section 85 of the Merchant Shipping Act 1995 applies;

(b) which is being used—

(i) for the purposes of a ferry service,

(ii) as licensed premises within the meaning of section 147(1) of the Licensing (Scotland) Act 2005 ,

(iii) as a passenger ship, or

(iv) primarily for the purpose of the sale or consumption of food or beverages;

(c) which, in the case of a ship other than a United Kingdom ship, is operating in Scotland; and

(d) which is not on an exempted voyage.

(2) The definition of “vehicle” in regulation 1(2) of the 2006 Regulations has effect as if it included a reference to a relevant ship, and the 2006 Regulations have effect accordingly.

(3) The following provisions of the 2005 Act have effect in relation to no-smoking premises which (by virtue of paragraph (2)) are a relevant ship—

(a) sections 1 and 2 (offences of permitting others to smoke and smoking in no-smoking premises);

(b) section 3(1), (2) and (4) (display of warning notices);

(c) section 4(1) (meaning of “smoke”);

(d) section 5 (proceedings for offences under sections 1 to 3);

(e) section 6 (fixed penalties);

(f) section 7 (powers to enter and require identification);

(g) section 8 (bodies corporate etc. );

(h) section 10 (Crown application); and

(i) paragraphs 1 to 3, 4(2) and (3), 5(1) and (3) and 6 to 11 of Schedule 1 (further provisions as to fixed penalties).

Section 4 Offences committed on United Kingdom ships outside Scotland

If by virtue of article 3 an offence under Part 1 of the 2005 Act is committed on a United Kingdom ship outside Scotland—

(a) it may be treated as having been committed at any place in Scotland; and

(b) proceedings may be taken accordingly.