[F14AOffence of permitting others to smoke outside hospital buildingS
(1)A person who, having the management and control of the no-smoking area outside a hospital building, knowingly permits another to smoke there commits an offence.
(2)A person accused of an offence under this section is to be regarded as having knowingly permitted another to smoke in the no-smoking area outside a hospital building if that person ought to have known that the other person was smoking there.
(3)It is a defence for an accused charged with an offence under this section to prove—
(a)that the accused (or any employee or agent of the accused) took all reasonable precautions and exercised all due diligence not to commit the offence, or
(b)that there were no lawful and reasonably practicable means by which the accused could prevent the other person from smoking in the no-smoking area outside a hospital building.
(4)A person who commits an offence under this section is liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.]
Textual Amendments
F1Ss. 4A-4D inserted (2.3.2022 for specified purposes, 5.9.2022 in so far as not already in force) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 20(2), 36(2); S.S.I. 2022/43, reg. 2, sch.