Article 17 Smoking: exemption for performers

(1)

The Smoking (Northern Ireland) Order 2006 (NI 20) shall be amended as follows.

(2)

In Article 4 (exemptions) after paragraph (4) insert—

“(4A)

For the purpose of making provision for those participating as performers in a performance, or in a performance of a specified description, not to be prevented from smoking if the artistic integrity of the performance makes it appropriate for them to smoke—

(a)

the power in paragraph (1) also includes power to provide for specified descriptions of premises or specified areas within such premises not to be smoke-free in relation only to such performers, and

(b)

paragraph (3) does not prevent the exercise of that power as so extended.

(4B)

For the purposes of paragraph (4A), the references to a performance—

(a)

include, for example, the performance of a play, or a performance given in connection with the making of a film or television programme, and

(b)

if the regulations so provide, include a rehearsal.”.

(3)

In Article 7 (no-smoking signs) at the end of paragraph (9) add “(and references to smoke-free premises include premises which by virtue of regulations under Article 4(4A) are smoke-free except in relation to performers)”.

(4)

In Article 8 (offence of smoking in smoke-free place)—

(a)

in paragraph (1)(a) at the end add “(including premises which by virtue of regulations under Article 4(4A) are smoke-free except in relation to performers)”;

(b)

after paragraph (2) insert—

“(2A)

But a person who smokes in premises which are not smoke-free in relation to performers by virtue of regulations under Article 4(4A) does not commit an offence if he is such a performer.”.

(5)

In Article 9 (offence of failing to prevent smoking in a smoke-free place)—

(a)

after paragraph (1) insert—

“(1A)

The reference in paragraph (1) to a person smoking does not include a performer in relation to whom the premises are not smoke-free by virtue of regulations under Article 4(4A).”;

(b)

at the end of paragraph (7) add “(and references to smoke-free premises include premises which by virtue of regulations under Article 4(4A) are smoke-free except in relation to performers)”.