The new law and how it applies to you

The following page and information is for guidance only and contains details of the proposed regulations to be made under powers in the health bill 17th July 2006.

This page will be updated to include the actual details when they are announced and become law for enforcement in the summer of 2007.

Smoking will not be allowed in all ‘Enclosed’ and ‘Substantially Enclosed’ premises that are open to the public or used as places of work.

The new regulations will cover virtually all enclosed public places and workplaces, trains, buses, taxis, shops, schools, early years settings, healthcare facilities, sports centres, offices, factories, cinemas, pubs, restaurants and members clubs.

Smoking in a designated smoking room or enclosed or substantially enclosed area outside the main building will not be allowed.

A designated bedroom in a hotel, guest house, inn or hostel will not have to be smoke free if the person in charge of the premises designates that the room is not smoke free, however there will be certain legal requirements that will need to be met by the person in charge.

Any part of a private house must be smoke free if it is used solely as a place of work by more than one person who does not live in the dwelling.

Self contained short term rental holiday accommodation, holiday cottage or caravan will not be required to be smoke free.

There will be minimum requirements of signage at each public entrance to premises

There are proposed exemptions on humanitarian grounds e.g. care homes, hospices, prisons and mental health units providing long term residential accommodation (certain conditions will apply).

Smoking will not be allowed in any company vehicle that is used by more than one person even if they do not occupy or use the vehicle at the same time or only intermittently.

There will be a minimum requirement of signage in each company vehicle.

Performers will not be prevented from smoking if the ‘artistic integrity of the performance makes it appropriate for them to smoke’ but only during the time of the performance.

Offshore platforms may have a room in which smoking is allowed if the room has been ‘designated by the person in charge of the installation as being a room in which smoking is permitted’.

Rooms that are designated for smoking must not have any door that opens onto smoke free parts of the premises which is not mechanically closed immediately after use.

These new laws will be subject to enforcement if the ‘seriousness of the situation warrants it’ and could result in a fine of up to £2,500.

You may find other helpful information in the F.A.Q’s section