The Smoking (Northern Ireland) Order 2006

Document Number:2006 No. 2957 (N.I.20)
Coming into force:Coming into force on the 30/04/2007
 
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Statutory Instruments

NORTHERN IRELAND

Made

14 th November 2006

Coming into operation in accordance with Article 1(2) and (3)

At the Court at Buckingham Palace, the 14 th day of November 2006

Present,

The Queen’s Most Excellent Majesty in Council

Whereas a draft of this Order in Council has been approved by resolution of each House of Parliament:

Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c. 1) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:–

Introductory

Title and commencement

  1. —(1) This Order may be cited as the Smoking (Northern Ireland) Order 2006.

    (2) Except as provided by paragraph (3) , this Order comes into operation on such day or days as the Department may by order appoint.

    (3) The following provisions come into operation two months after the date on which this Order is made—

    (a) this Article;

    (b) Article 2;

    (c) Article 3(5);

    (d) Articles 4 to 6;

    (e) Article 7 , so far as it authorises the making of regulations;

    (f) Article 9(2);

    (g) Article 11(3);

    (h) Articles 14 to 16;

    (i) paragraphs 4 , 5 , 8 and 17 of Schedule 1 (and Article 10(3) so far as relating to those paragraphs).

    Interpretation

  2. —(1) Subject to Article 13(1) , the Interpretation Act (Northern Ireland) 1954 (c. 33) applies to this Order as it applies to an Act of the Assembly.

    (2) In this Order—

    (a)“smoking” refers to smoking tobacco or anything which contains tobacco, or smoking any other substance; and

    (b) smoking includes being in possession of lit tobacco or of anything lit which contains tobacco, or being in possession of any other lit substance in a form in which it could be smoked.

    (3) In this Order—

    “authorised officer” has the meaning given by Article 11(2);

    “the Department” means the Department of Health, Social Services and Public Safety;

    “premises” includes—

    any building;

    any structure or installation (whether movable or not); and

    any tent;

    “regulations” means regulations made by the Department;

    “smoke” and other related expressions are to be read in accordance with paragraph (2);

    “specified”, in relation to regulations, means specified in the regulations;

    “vehicle” includes any type of vehicle, train, vessel or other means of transport, except—

    an aircraft; and

    any ship or hovercraft in relation to which regulations could be made under section 85 of the Merchant Shipping Act 1995 (c. 21) (safety and health on ships) , including that section as applied by any Order in Council under section 1(1)(h) of the Hovercraft Act 1968 (c. 59);

    “work” includes voluntary work.

    (4) The district of a district council which is bounded by or to seaward of the high-water mark of mean tides shall also include, for the purposes of this Order, the territorial waters of the United Kingdom which are outside that district adjacent to any place where that high-water mark is within or on the boundary of that district.

    Smoke-free premises, etc

    Smoke-free premises

  3. —(1) Premises are smoke-free if they are open to the public; but unless the premises also fall within paragraph (2) , they are smoke-free only when open to the public.

    (2) Premises are smoke-free if they are used as a place of work—

    (a) by more than one person (even if the persons who work there do so at different times, or only intermittently) , or

    (b) where members of the public might attend for the purpose of seeking or receiving goods or services from the person or persons working there (even if members of the public are not always present).

    They are smoke-free all the time.

    (3) If only part of the premises is open to the public or (as the case may be) used as a place of work mentioned in paragraph (2) , the premises are smoke-free only to that extent.

    (4) In any case, premises are smoke-free only in those areas which are enclosed or substantially enclosed.

    (5) Regulations may specify what “enclosed” and “substantially enclosed” mean.

    (6) Article 4 provides for some premises, or areas of premises, not to be smoke-free despite this Article.

    (7) Premises are “open to the public” if the public or a section of the public has access to them, whether by invitation or not, and whether on payment or not.

    Exemptions

  4. —(1) The Department may make regulations providing for specified descriptions of premises, or specified areas within specified descriptions of premises, not to be smoke-free despite Article 3.

    (2) In particular, regulations under paragraph (1) may specify premises where a person has his home, or is living whether permanently or temporarily.

    (3) The power to make regulations under paragraph (1) is not exercisable so as to specify any description of—

    (a) premises in respect of which a licence (including an occasional licence) under the Licensing (Northern Ireland) Order 1996 (NI 22) is in force;

    (b) premises of a club registered under the Registration of Clubs (Northern Ireland) Order 1996 (NI 23).

    (4) But paragraph (3) does not prevent the exercise of that power so as to specify any area, within a specified description of premises mentioned in paragraph (3) , where a person has his home, or is living whether permanently or temporarily.

    (5) The regulations may provide, in relation to any description of premises or areas of premises specified in the regulations, that the premises or areas are not smoke-free—

    (a) in specified circumstances,

    (b) at specified times,

    (c) if specified conditions are satisfied,

    or any combination of those.

    (6) The conditions may include conditions requiring the designation in accordance with the regulations, by the person in charge of any premises, of any rooms in which smoking is to be permitted.

    Additional smoke-free places

  5. —(1) The Department may make regulations designating as smoke-free any place or description of place that is not smoke-free under Article 3.

    (2) The place, or places falling within the description, need not be enclosed or substantially enclosed.

    (3) The Department may designate a place or description of place under this Article only if satisfied that, without the designation, persons present there would be likely to be exposed to smoke.

    (4) The regulations may provide for such places, or places falling within the description, to be smoke-free only—

    (a) in specified circumstances,

    (b) at specified times,

    (c) if specified conditions are satisfied,

    (d) in specified areas,

    or any combination of those.

    Vehicles

  6. —(1) The Department may make regulations providing for vehicles to be smoke-free.

    (2) The regulations may in particular make provision—

    (a) for the descriptions of vehicle which are to be smoke-free,

    (b) for the circumstances in which they are to be smoke-free,

    (c) for them to be smoke-free only in specified areas, or except in specified areas,

    (d) for exemptions.

    No-smoking signs

    No-smoking signs

  7. —(1) It is the duty of any person who occupies or is concerned in the management of smoke-free premises to make sure that no-smoking signs complying with the requirements of this Article are displayed in those premises in accordance with the requirements of this Article.

    (2) Regulations may...

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