Search Legislation

The Smoke-free (Premises, Vehicle Operators and Penalty Notices) Regulations (Northern Ireland) 2007

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: The Smoke-free (Premises, Vehicle Operators and Penalty Notices) Regulations (Northern Ireland) 2007

 Help about opening options

Alternative versions:

Status:

Point in time view as at 01/02/2022.

Changes to legislation:

There are currently no known outstanding effects for the The Smoke-free (Premises, Vehicle Operators and Penalty Notices) Regulations (Northern Ireland) 2007. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Statutory Rules of Northern Ireland

2007 No. 94

PUBLIC HEALTH

The Smoke-free (Premises, Vehicle Operators and Penalty Notices) Regulations (Northern Ireland) 2007

Made

16th February 2007

Coming into operation

30th April 2007

The Department of Health, Social Services and Public Safety(1), makes the following Regulations in exercise of the powers conferred by Articles 3(5), 9(2), 10(3) and 15(1) of, and paragraph 4 of Schedule 1 to, the Smoking (Northern Ireland) Order 2006(2):

Citation, commencement and interpretationN.I.

1.—(1) These Regulations may be cited as the Smoke-free (Premises, Vehicle Operators and Penalty Notices) Regulations (Northern Ireland) 2007 and shall come into operation on 30th April 2007.

(2) In these Regulations—

“the Order” means the Smoking (Northern Ireland) Order 2006;

“smoke-free vehicle” means a vehicle which is smoke-free by virtue of Article 6 of the Order.

Commencement Information

I1Reg. 1 in operation at 30.4.2007, see reg. 1(1)

Enclosed and substantially enclosed premisesN.I.

2.—(1) For the purposes of Article 3 of the Order, premises are enclosed if they—

(a)have a ceiling or roof; and

(b)except for doors, windows and passageways, are wholly enclosed either permanently or temporarily.

(2) For the purposes of Article 3 of the Order, premises are substantially enclosed if they have a ceiling or roof but there is—

(a)an opening in the walls, or

(b)an aggregate area of openings in the walls,

which is less than half of the area of the walls, including other structures that serve the purpose of walls and constitute the perimeter of the premises.

(3) In determining the area of an opening or an aggregate area of openings for the purposes of paragraph (2), no account is to be taken of openings in which there are doors, windows or other fittings that can be opened or shut.

(4) In this regulation “roof” includes any fixed or moveable structure or device which is capable of covering all or part of the premises as a roof, including for example, a canvas awning.

Commencement Information

I2Reg. 2 in operation at 30.4.2007, see reg. 1(1)

Failing to prevent smoking in smoke-free vehiclesN.I.

[F13.(1) The persons set out in paragraphs (2) and (3) of this regulation are under a duty corresponding to that in Article 9(1) of the Order to cause any person who is smoking in a smoke-free vehicle to stop smoking.

(2) In respect of a vehicle that is smoke-free by virtue of regulation 12(1) of the Smoke-free (Exemptions, Vehicles, Penalties and Discounted Amounts) Regulations (Northern Ireland) 2007

(a)a driver;

(b)any person with management responsibilities for the vehicle; and

(c)any person on a vehicle who is responsible for order or safety on it.

(3) In respect of a vehicle that is smoke-free by virtue of regulation 12(1A) of the Smoke-free (Exemptions, Vehicles, Penalties and Discounted Amounts) Regulations (Northern Ireland) 2007, the driver.]

Form of fixed penalty noticeN.I.

4.—(1) The penalty notice form set out in Schedule 1 to these Regulations is specified in relation to the offence of failing to display a no-smoking sign in accordance with requirements made by or under Article 7 of the Order.

(2) The penalty notice form set out in Schedule 2 to these Regulations is specified in relation to

[F2(a)the offence of smoking in a smoke-free place under Article 8 of the Order; and

(b)the offence of failing to prevent smoking in a vehicle under Article 9 of the Order, where the vehicle is smoke-free by virtue of regulation 12(1A) of the Smoke-free (Exemptions, Vehicles, Penalties and Discounted Amounts) Regulations (Northern Ireland) 2007.]

(3) Where either of those forms refers to the amount of a fixed penalty or a discounted amount or to a level on the standard scale which is changed, the form shall have effect subject to the change.

[F3(4) Nothing in this regulation or in Schedule 1 or 2 to these Regulations, shall prevent a district council or other enforcement authority from—

(a)using a notice in a size or design which differs from a specified form, provided that the content of the notice is not changed from that specified in the form (except as permitted by sub-paragraphs (b) to (d));

(b)including information or illustrations in a notice to assist a person to whom it is given (for example, information or illustrations on how payments can be made);

(c)including information in a notice to assist a district council or other enforcement authority in the performance of its functions under Articles 11(1) or 11(1C) of the Order (Enforcement) (for example, information to assist in its administrative procedures or data processing); or

(d)including coats of arms or logos in a notice.]

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 16th February 2007.

L.S.

Andrew Elliott

A senior officer of the

Department of Health, Social Services and Public Safety

Regulation 4(1)

F4SCHEDULE 1N.I.

Textual Amendments

F4Sch. 1 Form 1 substituted (1.2.2022) by The Smoke-free (Premises, Vehicle Operators and Penalty Notices) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/332), regs. 1(1), 4(3)(a)

Commencement Information

I5Sch. 1 in operation at 30.4.2007, see reg. 1(1)

Regulation 4(2)

F5SCHEDULE 2N.I.

Textual Amendments

F5 Sch. 2 Form 2 substituted (1.2.2022) by The Smoke-free (Premises, Vehicle Operators and Penalty Notices) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/332), regs. 1(1), 4(3)(b)

Commencement Information

I6Sch. 2 in operation at 30.4.2007, see reg. 1(1)

Explanatory Note

(This note is not part of the Regulations.)

These Regulations contain provisions which relate to smoke-free premises and vehicles pursuant to powers contained in the Smoking (Northern Ireland) Order 2006 (“the Order”).

Regulation 2 specifies the meanings of “enclosed” and “substantially enclosed” premises. By paragraph (1) premises are enclosed if they have a ceiling or roof and, except for doors, windows and passageways, they are wholly enclosed either permanently or temporarily. By paragraphs (2) and (3) premises are substantially enclosed if they have a ceiling or roof and less than half of the perimeter consists of openings in the walls, other than windows, doors or openings which can be shut. Paragraph (4) defines “roof” for the purposes of the regulations to include any fixed or moveable structure which is capable of covering all or part of the premises.

Regulation 3 provides that the driver, any person with management responsibilities for the vehicle and any person on a vehicle with responsibility for safety or order on that vehicle are each under a duty to cause persons to cease smoking in the vehicle.

Regulation 4 and Schedules 1 and 2 set out fixed penalty forms.

Schedule 1 applies to the offence of failing to display prescribed no-smoking signs or failing to display no-smoking signs in a prescribed manner under Article 7 of the Order. The maximum penalty on conviction is a fine of level 3 on the standard scale, the fixed penalty is £200 and the discounted amount for prompt payment is £150.

Schedule 2 applies to the offence of smoking in smoke-free place under Article 8 of the Order. The maximum penalty on conviction is a fine of level 1 on the standard scale, the fixed penalty is £50 and the discounted amount for prompt payment is £30.

(1)

See S.I. 1999/283 (N.I. 1); Article 3(6)

(2)

See S.I. 2006/2957 (N.I. 20)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources