The Prohibition of Smoking in Certain Places (Scotland) Regulations 2006

Made: 28-02-2006 | Laid: 14-07-2021 | Forced: 26-03-2006

Overview


These Regulations enforce the prohibition of smoking in certain public areas in Scotland, and make provisions for the use of smoking signs and smoke free areas. The Regulations prohibits smoking in certain public places which are 'wholly or substantially enclosed', including the majority of workplaces. Therefore, it will be an offence to smoke in no smoking premises or to knowingly permit smoking in no smoking premises.

Vehicles used for business purposes will also be affected by the law. These include light and heavy goods vehicles, and public transport such as taxis, buses, trains and ferries, but exclude cars (private or company-owned). The premises or classes of premises prescribed as being “no smoking premises” are the premises or classes of premise which are wholly or substantially enclosed. In this case, the Regulations include the following to the above definition:

  • any building or part of a building;
  • any structure or part of a structure, whether moveable or otherwise;
  • any installation on land (including the foreshore and other land intermittently covered by water), any offshore installation, and any other installation (whether floating, or resting on the seabed or the subsoil thereof, or resting on other land covered with water or the subsoil thereof);
  • any tent, marquee or stall; and
  • any vehicle.

Background

Scotland’s tobacco control policy 'A breath of fresh air for Scotland' was published in January 2004. It highlighted the health risks posed to non-smokers of exposure to second-hand smoke, also known as environmental tobacco smoke (ETS) or passive smoking. Tobacco use is the leading cause of preventable ill health in Scotland, causing 13,000 deaths each year, around 1,000 of which are from the effects of passive smoking. The Scientific Committee on Tobacco and Health reviewed the evidence on the health effects of passive smoking in 2004 and concluded that it increased risk to non-smokers of lung cancer of 24%, increased risk of ischaemic heart disease of 25% and there was a strong link to a number of adverse health effects in children. 

International evidence, accumulated over a number of years, advises that the regulation of smoking in public places reduces exposure to second hand smoke and reduces smoking- related diseases and deaths. In addition to the health benefits for non-smokers, research also shows that regulation of smoking in enclosed public places helps to reduce the consumption of tobacco products. 

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