Regulation 3 Failing to prevent smoking in smoke-free private vehicles

For regulation 2 of the 2007 Regulations substitute the following—

“2.

(1)

The persons set out in paragraphs (2) and (3) of this regulation 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.

(2)

In respect of a vehicle that is smoke-free by virtue of regulation 11(1) of the Smoke-free (Exemptions and Vehicles) Regulations 2007^f1—

(a)

a driver;

(b)

any person with management responsibilities for the vehicle; and

(c)

any person on a vehicle who is responsible for order or safety on it.

(3)

In respect of a vehicle that is smoke-free by virtue of regulation 11(1A) of the Smoke-free (Exemptions and Vehicles) Regulations 2007, the driver.”