# Tobacco and Vapes Act 2026, Section 143: Smoke-free premises: recasting of power to exempt performers

Extent: E+W+S+N.I.
Status: prospective

(1) In the Health Act 2006—
(a) in section 3, omit subsections (5) and (8) (power to exempt premises by references to performers);
(b) in section 6, in subsection (9) omit from “(and references” to the end;
(c) in section 7—
(i) in subsection (1), in paragraph (a) omit “(including premises which” to the end;
(ii) for subsection (3) substitute—
“(3) The Secretary of State may by regulations create defences to the offence under subsection (2) for the purpose of allowing a performer to smoke during a performance where that is justified in order to preserve the artistic integrity of the performance.”
(iii) in subsection (5), for “in subsection” substitute “under or by virtue of subsection (3) or”;
(d) in section 8—
(i) omit subsection (2);
(ii) after subsection (5) insert—
“(5A) The Secretary of State may by regulations create defences to the offence under subsection (4) for the purpose of allowing a performer to smoke during a performance where that is justified in order to preserve the artistic integrity of the performance.”;
(iii) in subsection (6), after “subsection (5)” insert “or (5A)”;
(iv) in subsection (8) omit from “(and references” to the end;
(e) in section 79, for “7(6), 8(7)” substitute “7(3) or (6), 8(5A) or (7)”.
(2) Regulation 6 of the Smoke-free (Exemptions and Vehicles) Regulations (S.I. 2007/765) is revoked.

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Source: https://www.legislation.gov.uk/ukpga/2026/18/section/143 (the official version)
Page: https://openlegislation.uk/tobacco-and-vapes-act-2026/section-143
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.