BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

United Kingdom Statutory Instruments


You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Smoke-free (Vehicle Operators and Penalty Notices) Regulations 2007 No. 760
URL: http://www.bailii.org/uk/legis/num_reg/2007/20070760.html

[New search] [Help]



STATUTORY INSTRUMENTS


2007 No. 760

PUBLIC HEALTH, ENGLAND

The Smoke-free (Vehicle Operators and Penalty Notices) Regulations 2007

  Made 7th March 2007 
  Laid before Parliament 14th March 2007 
  Coming into force 1st July 2007 

The Secretary of State for Health, in exercise of the powers in sections 8(3) and 79(3) of, and paragraph 4 of Schedule 1 to, the Health Act 2006[1], makes the following Regulations:—

Citation, commencement, application and interpretation
     1. —(1) These Regulations may be cited as the Smoke-free (Vehicle Operators and Penalty Notices) Regulations 2007 and shall come into force on 1st July 2007.

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

    (3) In these Regulations—

Failing to prevent smoking in smoke-free vehicles
    
2. The following persons are under a duty corresponding to that in section 8(1) of the Act to cause any person who is smoking in a smoke-free vehicle to stop smoking—

Form of fixed penalty notice
    
3. —(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 section 6 of the Act.

    (2) The penalty notice form set out in Schedule 2 to these Regulations is specified in relation to the offence of smoking in a smoke-free place under section 7 of the Act.

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

    (4) Nothing in this regulation or in Schedule 1 or 2 to these Regulations shall prevent an enforcement authority from—



Signed by authority of the Secretary of State for Health


Caroline Flint
Minister of State for Public Health Department of Health

7th March 2007



SCHEDULE 1
Regulation 3(1)



Click here to view image 1 of 16


PART 1

RECIPIENT COPY



Click here to view image 2 of 16


Click here to view image 3 of 16


PART 2

INFORMATION FOR THE IMMEDIATE ATTENTION OF THE PERSON WHO HAS BEEN ISSUED WITH THIS PENALTY NOTICE



Click here to view image 4 of 16


PART 3

PAYING THE PENALTY



Click here to view image 5 of 16


PART 3A

PAYMENT OF FIXED PENALTY ISSUED UNDER SECTION 6 OF THE HEALTH ACT 2006

(FAILURE TO DISPLAY NO SMOKING SIGNS IN ACCORDANCE WITH REQUIREMENTS MADE BY OR UNDER SECTION 6)

This slip must accompany all payments



Click here to view image 6 of 16


PART 4

REQUESTING A COURT HEARING



Click here to view image 7 of 16


PART 4A

HEALTH ACT 2006: FAILING TO DISPLAY A NO SMOKING SIGN IN ACCORDANCE WITH REQUIREMENTS MADE BY OR UNDER SECTION 6

REQUEST FOR ALLEGED OFFENCE TO BE DEALT WITH BY A COURT OF LAW



Click here to view image 8 of 16


SCHEDULE 2
Regulation 3(2)



Click here to view image 9 of 16


PART 1

RECIPIENT COPY



Click here to view image 10 of 16


Click here to view image 11 of 16


PART 2

INFORMATION FOR THE IMMEDIATE ATTENTION OF THE PERSON WHO HAS BEEN ISSUED WITH THIS PENALTY NOTICE:



Click here to view image 12 of 16


PART 3

PAYING THE PENALTY



Click here to view image 13 of 16


PART 3A

PAYMENT OF FIXED PENALTY ISSUED UNDER SECTION 7 OF THE HEALTH ACT 2006

(OFFENCE OF SMOKING IN A SMOKE-FREE PLACE)
This slip must accompany all payments



Click here to view image 14 of 16


PART 4

REQUESTING A COURT HEARING



Click here to view image 15 of 16


PART 4A

HEALTH ACT 2006: OFFENCE OF SMOKING IN A SMOKE-FREE PLACE UNDER SECTION 7



REQUEST FOR ALLEGED OFFENCE TO BE DEALT WITH BY A COURT OF LAW



Click here to view image 16 of 16


EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations made under Chapter 1 of Part 1 of, and Schedule 1 to, the Health Act 2006 contain provisions which relate to smoke-free places (premises and vehicles) in England.

Regulation 2 provides that the driver, any person with management responsibilities for a smoke-free vehicle and any person on a smoke-free 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 3 and Schedules 1 and 2 set out fixed penalty forms.

Schedule 1 applies to the offence of failing to display a no smoking sign in accordance with requirements made by or under section 6 of the Act. The maximum penalty on conviction for that offence is a fine of level 3 on the standard scale (at present £1,000), the fixed penalty is £200 and the discounted amount for prompt payment is £150.

Schedule 2 applies to the offence of smoking in a smoke-free place under section 7 of the Act. The maximum penalty on conviction is a fine of level 1 on the standard scale (at present £200), the fixed penalty is £50 and the discounted amount for prompt payment is £30.

A Regulatory Impact Assessment has been prepared for these Regulations and a copy has been placed in the library of each House of Parliament. Copies can be obtained from the Smokefree Legislation Team, Room 712, Department of Health, Wellington House, 133-135 Waterloo Road, London SE1 8UG.


Notes:

[1] 2006 c.28. As to the meaning of "the appropriate national authority" see section 82(1).back



ISBN 978 0 11 076000 1


 © Crown copyright 2007

Prepared 14 March 2007


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/uk/legis/num_reg/2007/20070760.html