Smoking, Health and Social Care (Scotland) Act 2005
2005 asp 13 · Enacted 5 August 2005 · Extends to Scotland
An Act of the Scottish Parliament to prohibit smoking in certain wholly or substantially enclosed places; to enable the Scottish Ministers by order to vary the minimum age limit of those to whom tobacco may be sold; to make provision in relation to general dental services, general ophthalmic services, personal dental services, pharmaceutical care services and detection of vision problems in children; to make provision in relation to disqualification by the NHS Tribunal; to enable the Scottish Ministers to establish a scheme for the making of payments to certain persons infected with hepatitis C as a result of NHS treatment and to certain persons infected with the virus by transmission of it from a person infected with it as a result of such treatment; to amend the Regulation of Care (Scotland) Act 2001 as respects what constitutes an independent health care service, the implementation of certain decisions by the Scottish Commission for the Regulation of Care or the Scottish Social Services Council, the provision of information to the Council and the minimum frequency of inspection of care services by the Commission; to make provision providing further time for applications to be made for registration of child care agencies and housing support services under the Regulation of Care (Scotland) Act 2001 and provide authorisation for the payment of certain grants to such services while not registered under that Act; to amend the Adults with Incapacity (Scotland) Act 2000 as respects authorisation of medical treatment; to amend the Public Health (Scotland) Act 1897 to introduce a right of appeal in certain cases under that Act; to enable the Scottish Ministers to form, participate in and provide assistance to companies for the purpose of providing facilities or services for persons exercising functions under the National Health Service (Scotland) Act 1978 or of making money available to the health service in Scotland; to amend the rules as to membership of and other matters relating to the Scottish Hospital Endowments Research Trust; and for connected purposes.
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 30th June 2005 and received Royal Assent on 5th August 2005
Contents
- Part 1: Smoking: prohibition and control
- 1Offence of permitting others to smoke in no-smoking premises
- 2Offence of smoking in no-smoking premises
- 3Display of warning notices in and on no-smoking premises
- 4Meaning of “smoke” and “no-smoking premises”
- 4AOffence of permitting others to smoke outside hospital building
- 4BOffence of smoking outside hospital building
- 4CDisplay of warning notices in hospital buildings and on hospital grounds
- 4DMeaning of “no-smoking area outside a hospital building” and related expressions
- 5Proceedings for offences under sections 1 to 3 and 4A to 4C
- 6Fixed penalties
- 7Powers to enter and require identification
- 8Bodies corporate etc.
- 9Sale of tobacco to under-age persons: variation of age limit Repealed
- 10Crown application
- Part 2: General dental services, general ophthalmic services, personal dental services etc.
- 11Detection of vision problems in children
- 12Free oral health assessments and dental examinations
- 13Free eye examinations and sight tests
- 14Charges for certain dental appliances and general dental services Not yet in force
- 15Arrangements for provision of general dental services
- 16Assistance and support: general dental services
- 17Lists of persons undertaking to provide or approved to assist in the provision of general dental services
- 18Lists of persons performing personal dental services under section 17C arrangements or pilot schemes Not yet in force
- 19Lists of persons undertaking to provide or approved to assist in the provision of general ophthalmic services
- Part 3: Pharmaceutical care services etc. Not yet in force
- 20Health Boards' functions: provision and planning of pharmaceutical care services Not yet in force
- 21Pharmaceutical care services contracts Not yet in force
- 22Drug Tariff Not yet in force
- 23Persons performing pharmaceutical care services Not yet in force
- 24Assistance and support: primary medical services and pharmaceutical care services Not yet in force
- Part 4: Provision of services under NHS contracts Not yet in force
- 25Provision of certain services under NHS contracts Not yet in force
- Part 5: Discipline
- 26Disqualification by the NHS Tribunal
- 27Corresponding provision in England or Wales or Northern Ireland
- Part 6: Miscellaneous
- Infection with hepatitis C as a result of NHS treatment etc.
- 28Payments to certain persons infected with hepatitis C as a result of NHS treatment etc.
- Amendment of Regulation of Care (Scotland) Act 2001
- 29Independent health care services
- 30Implementation of certain decisions under the 2001 Act
- 31Frequency of inspection of care services under the 2001 Act
- 32Provision of information to the Scottish Social Services Council
- Child care agencies and housing support services
- 33Registration of child care agencies and housing support services
- 34Grants in respect of housing support services
- Authorisation of medical treatment
- 35Amendment of Adults with Incapacity (Scotland) Act 2000: authorisation of medical treatment
- Appeals under Public Health (Scotland) Act 1897
- 36Amendment of Public Health (Scotland) Act 1897: appeal against certain orders etc. Repealed
- Joint ventures
- 37Joint ventures
- Scottish Hospital Endowments Research Trust
- 38Scottish Hospital Endowments Research Trust
- Part 7: General
- 39Ancillary provision Not yet in force
- 40Regulations or orders
- 41Interpretation
- 42Minor and consequential amendments and repeals
- 43Short title and commencement
- Schedule 1: Fixed penalty for offences under sections 1, 2, 3, 4A, 4B and 4C(5)
- 1Power to give fixed penalty notices
- 2Paragraph 2
- 3Contents of fixed penalty notice
- 4The amount of the penalty and the period for payment
- 5The discounted amount
- 6Effect of notice and payment of penalty
- 7Request for hearing
- 8Power to withdraw notices
- 9Effect of prosecution on notice
- 10Recovery of unpaid fixed penalties
- 11Judicial determination of enforcement of fixed penalty
- 12General and supplementary
- 13Paragraph 13
- Schedule 2: Minor and consequential amendments
- 1Public Health (Scotland) Act 1897 (c. 38) Repealed
- 2National Health Service (Scotland) Act 1978 (c. 29)
- 3Health and Medicines Act 1988 (c. 49)
- 4National Health Service (Primary Care) Act 1997 (c. 46) Not yet in force
- 5Police Act 1997 (c. 50) Not yet in force
- 6The Scottish Public Services Ombudsman Act 2002 (asp 11) Not yet in force
- Schedule 3Repeals