Smokefree legislation:

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Smokefree legislation An overview Name-XXXXXXX
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The Health Act 2006

• An Act to make provision for the prohibition of
  smoking in certain premises, places and
  vehicles

• Part 1 Smoking
• Chapter 1 Smokefree premises, places and
  vehicles
• Chapter 2 Age for sale of tobacco products etc.

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The Health Act 2006 Key facts

• Public Health legislation
• Smokefree legislation will prohibit the smoking
  of tobacco or anything that contains tobacco, or
  smoking any other substance
• Smokefree legislation applies to smoking
  manufactured cigarettes, hand-rolled cigarettes,
  pipes including hookah and shisha, cigars and
  herbal cigarettes
• Premises will be smokefree only if they are
  enclosed or substantially enclosed

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The Health Act 2006 Key facts

• Smokefree legislation will apply to all places of
  work used by more than one person and places open
  to the public
• Work includes voluntary work
• Premises are open to the public if the public,
  or section of the public has access whether by
  invitation or payment, or not
• Work and public vehicles will also be required to
  be smokefree
• Employers will continue to have a duty of care to
  protect the health, safety and welfare at work of
  all employees under the Health and Safety at Work
  Act 1974

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The Health Act 2006 Smokefree offences

• The Health Act sets out three smokefree offences
• Smoking in a smokefree place (any smoker)
• Failing to prevent smoking in a smokefree place
  (anyone who controls or manages smokefree
  premises, and specified people for smokefree
  vehicles)
• Failing to display required no-smoking signs
  (anyone occupying or managing smokefree premises,
  and specified people for smokefree vehicles)
• Also an offence to obstruct an enforcement
  officer, or provide a false or misleading
  statement

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The Health Act 2006 Smokefree Regulations

• Health Act also provides a number of
  regulation-making powers
• Regulations will give the specific detail on how
  smokefree legislation will work
• Some regulations will need to be debated by
  Parliament before they can be made details are
  in the Smokefree England February Factsheet
• Links to Smokefree Regulations are on the
  Smokefree England website www.smokefreeengland.co
  .uk

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The Health Act 2006 Smokefree Regulations

• Five sets of smokefree regulations are to be
  made
• Smoke-free (Premises Enforcement) Regulations
• Smoke-free (Signs) Regulations
• Smoke-free (Penalties and Discounted Amounts)
  Regulations
• Smokefree (Exemptions Vehicles) Regulations
• Smokefree (Vehicle Operators Penalty Notices)
  Regulations

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1. Smoke-free (Premises Enforcement)
Regulations

• Made in December 2006
• Set out
• What is meant by enclosed and substantially
  enclosed
• Who will enforce smokefree legislation

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Smoke-free (Premises Enforcement) Regulations

• Enclosed roof or ceiling wholly enclosed by
  walls (not including doors, windows or
  passageways)
• Substantially enclosed roof opening in walls
  representing 50 or less of total wall area
  (opening does not include openings that can be
  opened or shut, such as windows or doors) the
  50 rule
• Temporary structures such as tents included
• Roof includes fixed or movable structures that
  can cover all or part of the premises as a roof
  (including canvas awnings)
• If it can be enclosed, it will be considered
  enclosed

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This shelter would not be substantially enclosed
(from www.clearingtheairscotland.com)
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Smoke-free (Premises Enforcement) Regulations

• Smokefree legislation will be enforced by local
  councils (Unitary, District, Borough) and port
  health authorities
• Local authorities will help to build compliance
  by providing support and advice to businesses
  ahead of 1 July 2007
• Businesses can contact the environmental health
  department in their local council for advice

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2. Smoke-free (Signs) Regulations

• Proposed regulations have been published in draft
  form
• Expected to be made in March
• Set out requirements for no-smoking signs that
  will be required in all smokefree premises and
  vehicles
• Department of Health will make signs that meet
  the requirements of the legislation freely
  available

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Smoke-free (Signs) Regulations

• Smokefree premises
• A5-area sign with international no-smoking symbol
  (70mm diameter) at entrances to smokefree
  premises with words
• It is against the law to smoke in these
  premises
• A sign with only no-smoking symbol (70mm
  diameter) may be displayed at staff entrances to
  smokefree premises as long as premises displays
  at least one A5-area sign
• A sign with no-smoking symbol (70mm diameter) at
  entrance to smokefree premises within other
  smokefree premises (train stations, shopping
  centres)
• These are minimum requirements. Premises can
  keep pre-existing signage in place as long as
  requirements in regulations are met

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70mm in diameter
A5-area sign
No smoking It is against the law to smoke in
these premises
in these premises can be changed to the name or
type of premises in this gym, in the Dog and
Duck pub
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Smoke-free (Signs) Regulations

• Smokefree vehicles
• Sign with no-smoking symbol (70mm diameter)
• Sign in a prominent position in each compartment
  of the vehicle for persons that is enclosed or
  can be enclosed

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3. Smoke-free (Exemptions and Vehicles)
Regulations

• Published in draft form in January
• Will need to be approved by Parliament
• Set out
• The limited exemptions from smokefree legislation
• Smokefree vehicles

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Smoke-free (Exemptions and Vehicles) Regulations

• Private dwellings will not be required to be
  smokefree, except
• parts used solely as a place of work by more than
  one person or where members of the public give or
  receive goods or services
• parts of a premises used in common with other
  premises if they are open to the public or are a
  place or work
• Private dwelling includes self-contained
  residential accommodation for temporary or
  holiday use (e.g., holiday cottages or caravans),
  as well as any appurtenances (for example, garage
  or garden shed)

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Smoke-free (Exemptions and Vehicles) Regulations

• The regulations will not restrict people from
  smoking in any part
• of their private dwellings used for work, if the
  work is undertaken
• solely to
• provide personal care for someone living in the
  dwelling
• assist with the domestic work of the household in
  the dwelling
• to maintain the dwelling
• to install, maintain or remove any service
  provided to the dwelling for the benefit of
  people living there

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Smoke-free (Exemptions and Vehicles) Regulations

• Limited exemptions from smokefree legislation for
  designated rooms only in
• Hotels etc., but not dormitory or shared
  accommodation (only for guest bedrooms)
• Care homes, hospices and prisons (only bedrooms
  or rooms to be used just for smoking)
• Specified research and testing facilities (only
  in designated rooms)
• Offshore installations (only in rooms used just
  for smoking)
• Residential mental health units until 1 July 2008
  (only bedrooms or rooms used just for smoking)

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Smoke-free (Exemptions and Vehicles) Regulations

• Exemptions also available for
• Specialist tobacconists shops (as defined in the
  Tobacco Advertising and Promotion Act 2002) for
  sampling of pipe tobacco or cigars only
• Performers under strict conditions
• Conditions must be met before an exemption is
  permitted

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Smoke-free (Exemptions and Vehicles) Regulations

• Smokefree Vehicles
• Enclosed vehicles to be smokefree at all times,
  if they are used
• by members of the public or a section of the
  public (whether or not for reward or hire)
• in the course of paid or voluntary work by more
  than one person (even if those people use the
  vehicle at different times)
• Vehicles will not be required to be smokefree if
  they are used primarily for the private purposes
  of a person who owns it, or has the right to use
  it which is not restricted
• Smokefree vehicles that are convertible are not
  required to be smokefree when the top is
  completely down.

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4. Smoke-free (Penalties and Discounted
Amounts) Regulations

• Published in draft form in January
• Will need to be approved by Parliament
• Include proposals for
• Levels of penalties for smokefree offences
• Levels of penalties for fixed penalty notices
• Discounted amounts for early payment of fixed
  penalty notices

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Smoke-free (Penalties and Discounted Amounts)
Regulations
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5. Smoke-free (Vehicle Operators Penalty
Notices) Regulations

• Published in draft form in January
• To be made as soon as regulations on (a)
  exemptions and vehicles, and (b) penalties are
  made
• Include proposals for
• Duty to prevent smoking in smokefree vehicles
• Format for fixed penalty notices, and how
  enforcement authorities can adapt notices to meet
  their particular requirements

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Smoke-free (Vehicle Operators Penalty Notices)
Regulations

• The following people will have a legal duty to
  cause any person who is smoking in a smokefree
  vehicle to stop smoking
• the driver,
• any person with management responsibilities for
  the vehicle, and
• any person in a vehicle who is responsible for
  order or safety on the vehicle

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What will success look like?

• Very high compliance
• Self-enforcing compliance
• Low level of FPNs and court actions
• High and increasing public support
• Healthier enclosed public places and workplaces