Explanatory note

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. They amend the Smoke-free (Vehicle Operators and Penalty Notices) Regulations 2007 (“the 2007 Regulations”).

Regulation 2 of these Regulations amends regulation 2 of the 2007 Regulations so as to provide that the driver of a private vehicle that is smoke-free is under a duty to cause persons to stop smoking in that vehicle.

Regulation 3 replaces the Penalty Notice form in Schedule 2 to the 2007 Regulations with the Penalty Notice form in the Schedule to these Regulations which means that the form can be used for the offence of failing to prevent smoking in a smoke-free private vehicle under section 8 of the Health Act 2006, as well as the offence of smoking in a smoke-free place under section 7 of that Act.