Health Act 2006

5 Vehicles E+W

(1) The [F1 Secretary of State] may make regulations providing for vehicles [F2 in England] to be smoke-free.

[F3 (1A) Regulations under this section may in particular provide for a private vehicle to be smoke-free where a person under the age of 18 is present in the vehicle.]

(2) [F4 Regulations under this section] 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.

(3) The power to make regulations under this section is not exercisable in relation to—

(a) 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), or

(b) persons on any such ship or hovercraft.

(4) In section 85 of the Merchant Shipping Act 1995, at the end add—

“(8) Safety regulations which make provision in respect of the prohibition of smoking on any ship (“the smoking provisions”) may include provision—

(a) for the appointment by the Secretary of State of persons to enforce the smoking provisions (whether in respect of ships generally or for any particular case or purpose), and for the removal of any person so appointed,

(b) for such persons (if they are not surveyors of ships appointed under section 256) to have the powers of such surveyors for the purposes of their enforcement functions,

(c) for any such persons to have, for the purposes of their enforcement functions, powers corresponding to those which authorised officers have under paragraphs 2(b) to (e), 3 and 4, as read with paragraphs 5 and 9, of Schedule 2 to the Health Act 2006 (which confers powers of entry, etc., on authorised officers of enforcement authorities in relation to the enforcement of the provisions of that Act in relation to smoking),

(d) in relation to an offence of smoking in a place where smoking is prohibited under the smoking provisions, for purposes corresponding to those of section 9 of and Schedule 1 to the Health Act 2006 (which provide for the giving by authorised officers of penalty notices in respect of such an offence).

In this subsection, “smoking” has the same meaning as in Chapter 1 of Part 1 of the Health Act 2006.”

(5) In this Chapter, “vehicle” means every type of vehicle, including train, vessel, aircraft and hovercraft.

Textual Amendments

F1 Words in s. 5(1) substituted (1.3.2021) by Public Health (Wales) Act 2017 (anaw 2), s. 126(2), Sch. 2 para. 7(a); S.I. 2021/202, art. 2

F2 Words in s. 5(1) inserted (1.3.2021) by Public Health (Wales) Act 2017 (anaw 2), s. 126(2), Sch. 2 para. 7(b); S.I. 2021/202, art. 2

F3 S. 5(1A) inserted (1.10.2014 for specified purposes, 1.10.2015 in so far as not already in force) by Children and Families Act 2014 (c. 6), ss. 95(2)(a), 139(6); S.I. 2014/2609, art. 2; S.I. 2015/375, art. 3

F4 Words in s. 5(2) substituted (1.10.2014 for specified purposes, 1.10.2015 in so far as not already in force) by Children and Families Act 2014 (c. 6), ss. 95(2)(b), 139(6); S.I. 2014/2609, art. 2; S.I. 2015/375, art. 3

Commencement Information

I1 S. 5 in force for certain purposes at Royal Assent, see s. 83

I2 S. 5 in force at 2.4.2007 for W. in so far as not already in force by S.I. 2007/204, art. 2(a)

I3 S. 5(1)-(3) (5) in force at 1.7.2007 for E. in so far as not already in force by S.I. 2007/1375, art. 2(a)

I4 S. 5(4) in force at 1.7.2007 for E.S.N.I. in so far as not already in force by S.I. 2007/1375, art. 2(a)