The Smoke-free (Signs) Regulations 2012

Statutory Instruments

2012 No. 1536

Public Health, England

The Smoke-free (Signs) Regulations 2012

Made

11th June 2012

Laid before Parliament

19th June 2012

Coming into force

1st October 2012

The Secretary of State makes the following Regulations, in exercise of the powers conferred by sections 6(2), (3) and (4) of the Health Act 2006(1):

Citation, commencement, application and interpretation

1.—(1) These Regulations may be cited as the Smoke-free (Signs) Regulations 2012 and come into force on 1st October 2012.

(2) These Regulations apply in relation to England only.

(3) In these Regulations—

(a) “the Act” means the Health Act 2006;

(b) “smoke-free vehicle” means a vehicle which is smoke-free by virtue of section 5 of the Act(2); and

(c) “smoke-free premises” means all public premises and workplaces which are smoke-free by virtue of section 2 or 4 of the Act, other than those exempt by virtue of regulations made under section 3 of the Act(3).

Duty to display no-smoking signs in vehicles

2.  Any person with management responsibilities for a smoke-free vehicle shall be under a duty corresponding to that mentioned in section 6(1) of the Act to ensure that at least one legible no-smoking sign is displayed in that vehicle.

Requirements as to display of no-smoking signs in premises

3.  At least one legible no-smoking sign must be displayed in smoke-free premises in accordance with the duty at section 6(1) of the Act.

Revocation

4.  The Smoke-free (Signs) Regulations 2007(4) are revoked.

Signed by authority of the Secretary of State.

Anne Milton

Parliamentary Under-Secretary of State,

Department of Health

11th June 2012

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations revoke the Smoke-free (Signs) Regulations 2007 (“the 2007 Regulations”) and replace the detailed requirements for no smoking signs prescribed by the 2007 Regulations with a requirement that at least one legible no-smoking sign must be displayed.

Regulation 2 requires at least one legible no-smoking sign to be displayed in smoke-free vehicles.

Regulation 3 requires at least one legible no-smoking sign to be displayed in smoke-free premises.

Regulation 4 revokes the 2007 Regulations.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available on the Department of Health website at: http://transparency.dh.gov.uk/category/transparency/ias/ and is published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.

(1)

2006 c. 28 The Secretary of State is the “appropriate national authority” in relation to England under section 82(1) of the Health Act 2006. See section 71(1) for the definition of “regulations”.

(2)

S.I. 2007/765, Part 3

(3)

S.I. 2007/765, Part 2

(4)

S.I. 2007/923