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Statutory Rules of Northern Ireland |
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You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Smoking (Northern Ireland) Order 2006 No. 2957 (N.I.20) URL: http://www.bailii.org/nie/legis/num_reg/2006/20062957.html |
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| Made | 14th November 2006 | ||
| Coming into operation in accordance with Article 1(2) and (3) |
| 1. | Title and commencement |
| 2. | Interpretation |
| 3. | Smoke-free premises |
| 4. | Exemptions |
| 5. | Additional smoke-free places |
| 6. | Vehicles |
| 7. | No-smoking signs |
| 8. | Offence of smoking in smoke-free place |
| 9. | Offence of failing to prevent smoking in smoke-free place |
| 10. | Fixed penalties for offences under Articles 7 and 8 |
| 11. | Enforcement by district councils |
| 12. | Obstruction of officers |
| 13. | Offences by bodies corporate, etc. |
| 14. | Sale of tobacco, etc. to young persons |
| 15. | Regulations |
| 16. | Application to the Crown |
| 17. | Repeal |
| Schedule 1 | Fixed penalties |
| Schedule 2 | Powers of authorised officers |
Interpretation
2.
—(1) Subject to Article 13(1), the Interpretation Act (Northern Ireland) 1954 (c.33) applies to this Order as it applies to an Act of the Assembly.
(2) In this Order—
(3) In this Order—
(4) The district of a district council which is bounded by or to seaward of the high-water mark of mean tides shall also include, for the purposes of this Order, the territorial waters of the United Kingdom which are outside that district adjacent to any place where that high-water mark is within or on the boundary of that district.
(3) If only part of the premises is open to the public or (as the case may be) used as a place of work mentioned in paragraph (2), the premises are smoke-free only to that extent.
(4) In any case, premises are smoke-free only in those areas which are enclosed or substantially enclosed.
(5) Regulations may specify what "enclosed" and "substantially enclosed" mean.
(6) Article 4 provides for some premises, or areas of premises, not to be smoke-free despite this Article.
(7) Premises are "open to the public" if the public or a section of the public has access to them, whether by invitation or not, and whether on payment or not.
Exemptions
4.
—(1) The Department may make regulations providing for specified descriptions of premises, or specified areas within specified descriptions of premises, not to be smoke-free despite Article 3.
(2) In particular, regulations under paragraph (1) may specify premises where a person has his home, or is living whether permanently or temporarily.
(3) The power to make regulations under paragraph (1) is not exercisable so as to specify any description of—
(4) But paragraph (3) does not prevent the exercise of that power so as to specify any area, within a specified description of premises mentioned in paragraph (3), where a person has his home, or is living whether permanently or temporarily.
(5) The regulations may provide, in relation to any description of premises or areas of premises specified in the regulations, that the premises or areas are not smoke-free—
or any combination of those.
(6) The conditions may include conditions requiring the designation in accordance with the regulations, by the person in charge of any premises, of any rooms in which smoking is to be permitted.
Additional smoke-free places
5.
—(1) The Department may make regulations designating as smoke-free any place or description of place that is not smoke-free under Article 3.
(2) The place, or places falling within the description, need not be enclosed or substantially enclosed.
(3) The Department may designate a place or description of place under this Article only if satisfied that, without the designation, persons present there would be likely to be exposed to smoke.
(4) The regulations may provide for such places, or places falling within the description, to be smoke-free only—
or any combination of those.
Vehicles
6.
—(1) The Department may make regulations providing for vehicles to be smoke-free.
(2) The regulations may in particular make provision—
No-smoking signs
7.
—(1) It is the duty of any person who occupies or is concerned in the management of smoke-free premises to make sure that no-smoking signs complying with the requirements of this Article are displayed in those premises in accordance with the requirements of this Article.
(2) Regulations may provide for a duty corresponding to that mentioned in paragraph (1) to be imposed on specified persons or descriptions of person in relation to—
(3) The signs must be displayed in accordance with any requirements contained in regulations.
(4) The signs must conform to any requirements specified in regulations (for example, requirements as to content, size, design, colour, or wording).
(5) A person who fails to comply with the duty in paragraph (1), or any corresponding duty in regulations under paragraph (2), commits an offence.
(6) It is a defence for a person charged with an offence under paragraph (5) to show—
(7) If a person charged with an offence under paragraph (5) relies on a defence in paragraph (6), and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.
(8) A person guilty of an offence under paragraph (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(9) References in this Article, however expressed, to premises, places or vehicles which are smoke-free are to those premises, places or vehicles so far as they are smoke-free under or by virtue of this Order.
(2) A person who smokes in a smoke-free place commits an offence.
(3) It is a defence for a person charged with an offence under paragraph (2) to show that he did not know, and could not reasonably have been expected to know, that it was a smoke-free place.
(4) If a person charged with an offence under this Article relies on the defence in paragraph (3), and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.
(5) A person guilty of an offence under this Article is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Offence of failing to prevent smoking in smoke-free place
9.
—(1) It is the duty of any person who controls or is concerned in the management of smoke-free premises to cause a person smoking there to stop smoking.
(2) Regulations may provide for a duty corresponding to that mentioned in paragraph (1) to be imposed on specified persons or descriptions of person in relation to—
(3) A person who fails to comply with the duty in paragraph (1), or any corresponding duty in regulations under paragraph (2), commits an offence.
(4) It is a defence for a person charged with an offence under paragraph (3) to show—
(5) If a person charged with an offence under this Article relies on a defence in paragraph (4), and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.
(6) A person guilty of an offence under this Article is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(7) References in this Article, however expressed, to premises, places or vehicles which are smoke-free are to those premises, places or vehicles so far as they are smoke-free under or by virtue of this Order.
(4) A person guilty of an offence under this Article is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Offences by bodies corporate, etc.
13.
—(1) For the purposes of this Order, section 20(2) of the Interpretation Act (Northern Ireland) 1954 (c. 33) applies with the omission of the words "the liability of whose members is limited" and where the affairs of a body corporate are managed by its members, applies in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(2) If an offence committed by a partnership is proved—
the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.
(3) In paragraph (2) "partner" includes a person purporting to act as a partner.
(4) If an offence committed by an unincorporated association (other than a partnership) is proved—
the officer or member as well as the association is guilty of the offence and liable to be proceeded against and punished accordingly.
(5) Proceedings for an offence alleged to have been committed by a partnership shall be brought in the name of the partnership (and not in that of any of the partners).
(6) Proceedings for an offence alleged to have been committed by an unincorporated association (other than a partnership) shall be brought in the name of the association (and not in that of any of its members).
(7) Rules of court relating to the service of documents shall have effect as if the partnership or unincorporated association were a body corporate.
(8) In proceedings for an offence brought against a partnership or an unincorporated association, the following provisions apply as they apply in relation to a body corporate—
(9) A fine imposed on a partnership on its conviction for an offence is to be paid out of the partnership assets.
(10) A fine imposed on an unincorporated association on its conviction for an offence is to be paid out of the funds of the association.
(11) Paragraphs (5) and (6) are not to be read as prejudicing any liability of a partner, officer or member under paragraph (2) or (4).
(12) In this Article "offence" means an offence under any provision of this Order.
so as to substitute for the age for the time being specified in each of those provisions such other age (not being an age lower than 16 years) as the Department considers appropriate.
shall not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.
Application to the Crown
16.
—(1) This Order binds the Crown to the full extent authorised or permitted by the constitutional laws of Northern Ireland.
(2) No contravention by the Crown of this Order or any regulations under it makes the Crown criminally liable; but the High Court may, on the application of a district council for the district in which the contravention is alleged to have taken place, declare unlawful any act or omission of the Crown which would, but for this paragraph, have been an offence.
(3) Paragraph (2) does not extend to persons in the public service of the Crown.
Repeal
17.
In section 57 of the Transport Act (Northern Ireland) 1967 (c.37) (power of railway undertaking to make byelaws) in subsection (1)(c) the words "the smoking of tobacco in railway carriages and elsewhere and" are repealed.
Christine Cook
Deputy Clerk of the Privy Council
2.
—(1) A penalty notice must also state—
(2) The person mentioned in sub-paragraph (1)(d) and (f) must be the district council on whose behalf the authorised officer was acting when he gave the notice.
3.
A penalty notice must also—
4.
A penalty notice must be in a form specified in regulations.
14.
If the person to whom a penalty notice has been given asks to be tried for the alleged offence, proceedings may be brought against him.
15.
Any request to be tried must be made—
16.
—(1) This paragraph applies if a district council considers that a penalty notice which an authorised officer acting on its behalf has given to a person ought not to have been given.
(2) The district council may give notice to that person withdrawing the penalty notice.
(3) If it does so—
(4) The council must consider any representations made by or on behalf of the recipient of a fixed penalty notice and decide in all the circumstances whether to withdraw the notice.
(2) A council shall supply the Department with such information relating to its use of its fixed penalty receipts as the Department may require.
(3) The Department may by regulations—
(b) make provision for accounting arrangements in respect of a council's fixed penalty receipts.
(4) The provision that may be made under sub-paragraph (3)(a)(ii) includes (in particular) provision for the payment of sums to a person (including the Department) other than the council.
(5) Before making regulations under this paragraph the Department shall consult district councils and—
as the Department considers appropriate.
(6) In this Article references to a district council's fixed penalty receipts are to the sums received by the council in respect of fixed penalties under this Schedule.
2.
An authorised officer may, if he considers it necessary for the purpose of the proper exercise of his functions under this Order, arrange for any substance, product, sample or extract mentioned in paragraph 1(c) or (d) to be analysed.
3.
An authorised officer may make such purchases and secure the provision of such services as he considers necessary for the purpose of the proper exercise of his functions under this Order.
4.
A person may not be required under paragraph 1 to give any information which he would be entitled to refuse to give in proceedings in the High Court on grounds of legal professional privilege.
5.
—(1) A lay magistrate may exercise the power in sub-paragraph (3) if he is satisfied on a complaint in writing substantiated on oath—
(2) The matters are—
(3) The lay magistrate may by warrant signed by him authorise any authorised officer to enter the premises, if need be by force.
(4) Such a warrant continues in force until the end of the period of one month beginning with the date on which the lay magistrate signs it.
6.
An authorised officer entering any premises by virtue of paragraph 1, or of a warrant under paragraph 5, may take with him such other persons and such equipment as he considers necessary.
7.
If premises which an authorised officer is authorised to enter by a warrant under paragraph 5 are unoccupied, or if the occupier is temporarily absent, then on leaving them that officer must leave the premises as effectively secured against unauthorised entry as he found them.
8.
If by virtue of paragraph 1(d) an authorised officer takes possession of anything, he must leave on the premises from which it was taken a statement giving particulars of what he has taken and stating that he has taken possession of it.
9.
In this Schedule "premises" includes any place or vehicle.
