The Smoke-Free (Private Vehicles) Regulations (Northern Ireland) 2021

Overview

These Regulations extend the existing smoke-free legislation by setting out the circumstances when private vehicles are smoke-free (when they are enclosed, there is more than one person present, and one of those present is under the age of 18) and goes on to:

• allow the use of fixed penalty notices (FPNs) for offences in relation to smoke-free private vehicles; and
• designate both the Police Service of Northern Ireland and district councils as enforcement authorities for all smoke free vehicles.

The existing smoke-free legislation makes enclosed public and work premises and vehicles smoke-free. There are two relevant offences:

• smoking in a smoke-free place; and
• failing to prevent smoking in a smoke-free place.

Under current legislation, a fixed penalty notice can be issued for the offence of smoking in a smoke-free place. However, a person accused of failing to prevent smoking in a smoke-free place would be referred directly to the courts. These Regulations introduce provisions to allow an FPN to be issued where such an offence is in relation to a private vehicle.