Article 18 Smoke-free premises, places and vehicles

(1)

The functions of the constituent councils specified in the following provisions are exercisable by the Combined Authority in relation to the combined area—

(a)

section 10(3) (duty to enforce) and (5) (power to authorise officers) of the Health Act 2006^f1;

(b)

paragraphs 13 and 16 (functions relating to fixed penalty notices) of Schedule 1 to the Health Act 2006^f2;

(c)

regulation 3(5) of the Smoke-free (Premises and Enforcement) Regulations 2006 (power to transfer enforcement functions to another enforcement authority)^f3; and

(d)

regulation 3(4) of the Smoke-free (Vehicle Operators and Penalty Notices) Regulations 2007 (form of fixed penalty notice)^f4.

(2)

The functions are exercisable concurrently with the constituent councils.

(3)

For the purposes of paragraph (1) the Combined Authority is to be treated as an enforcement authority^f5.

Annotations

Footnotes

f1: 2006 c. 28. Section 10 was amended by section 95 of the Children and Families Act 2014 (c. 6).
f2: Schedule 1 was amended by section 95 of the Children and Families Act 2014 (c. 6).
f3: S.I. 2006/3368. Regulation 3 was amended by S.I. 2015/286.
f4: S.I. 2007/760. Regulation 3 was amended by S.I. 2015/939.
f5: Section 10(1) (enforcement) of the 2006 Act permits regulations to be made designating persons who are to be enforcement authorities for the purposes of Chapter 1 of that Act. Regulation 3(1)(a) and (b) of the Smoke-free (Premises and Enforcement) Regulations (S.I. 2006/3368) provide that a unitary authority and a district council insofar as it is not a unitary authority is designated as an enforcement authority for the purposes of Chapter 1 of Part 1 of the 2006 Act.