Section 145 Vape-free places in EnglandI1

The Health Act 2006 is amended as follows.

After section 8 insert—

“Chapter 1A

Vape-free places in England

Introduction

8A

This Chapter makes provision for the prohibition of the use of certain vapes in places and vehicles in England that are designated vape-free under section 8B.

Vape-free places and vehicles

8B

(1)

The Secretary of State may make regulations designating places or vehicles in England as vape-free.

(2)

Only smoke-free places may be designated as vape-free.

(3)

The regulations may, in particular—

(a)

provide for places or vehicles to be vape-free, in specified circumstances, at specified times or if specified conditions are satisfied (or any combination of those);

(b)

provide for exceptions, which may be framed by reference to the designation by a person of areas which are not vape-free.

(4)

The regulations may, in particular, frame the circumstances in which a vehicle is vape-free by reference to—

(a)

whether a person under the age of 18 is present;

(b)

its location.

(5)

The power to make regulations under this section is not exercisable in relation to—

(a)

any ship or hovercraft in relation to which regulations could be made under section 85 of the Merchant Shipping Act 1995 (safety and health on ships), including that section as applied by any Order in Council under section 1(1)(h) of the Hovercraft Act 1968, or

(b)

persons on any such ship or hovercraft.

(6)

Before making regulations under this section the Secretary of State must consult any persons the Secretary of State considers it appropriate to consult.

(7)

References in this Part, however expressed, to places or vehicles that are vape-free, are to places or vehicles so far as they are vape-free by virtue of regulations under this section.

(8)

In this section “smoke-free place” has the meaning given by section 7(1).

Offence of vaping in vape-free places or vehicles

8C

(1)

A person who uses a relevant vape in a vape-free place or vehicle commits an offence.

(2)

It is a defence for a person charged with an offence under this section to show that they did not know, and could not reasonably have been expected to know, that it was a vape-free place or vehicle.

(3)

The Secretary of State may by regulations create defences to the offence under this section for the purpose of allowing a performer to use a vape during a performance where that is justified in order to preserve the artistic integrity of the performance.

(4)

If a person charged with an offence under this section relies on a defence under or by virtue of subsection (2) or (3), and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.

(5)

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 1 on the standard scale.

(6)

In this Part “relevant vape” means a vape that is not a heated tobacco device.

Offence of failing to prevent vaping

8D

(1)

A person who controls or is concerned in the management of a vape-free place must cause a person using a relevant vape there to stop using the vape.

(2)

The driver of a vape-free vehicle, and any other person specified in regulations made by the Secretary of State, must cause a person using a relevant vape in the vehicle to stop using the vape.

(3)

A person who fails to comply with the duty in subsection (1) or (2) commits an offence.

(4)

It is a defence for a person charged with an offence under subsection (3) to show—

(a)

that they took reasonable steps to cause the person in question to stop using the vape,

(b)

that they did not know, and could not reasonably have been expected to know, that the person in question was using a vape, or

(c)

that on other grounds it was reasonable for them not to comply with the duty.

(5)

The Secretary of State may by regulations create defences to the offence under subsection (3) for the purpose of allowing a performer to use a vape during a performance where that is justified in order to preserve the artistic integrity of the performance.

(6)

If a person charged with an offence under this section relies on a defence under or by virtue of subsection (4) or (5), and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.

(7)

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

No-vaping signs

8E

(1)

A person who occupies or is concerned in the management of a vape-free place must make sure that no-vaping signs are displayed in or near that place in accordance with any requirements imposed by regulations made by the Secretary of State for the purposes of this subsection.

(2)

A person who has management responsibilities for a vape-free vehicle must make sure that no-vaping signs are displayed in that vehicle in accordance with any requirements imposed by regulations made by the Secretary of State for the purposes of this subsection.

(3)

Regulations under subsection (1) or (2) may, in particular, impose requirements about—

(a)

the content or appearance of a sign (for example, requirements as to its size, design, colour, or wording);

(b)

how and where signs are to be displayed.

(4)

The Secretary of State may by regulations create exceptions to the duty in subsection (2).

(5)

A person who fails to comply with the duty in subsection (1) or (2) commits an offence.

(6)

It is a defence for a person charged with an offence under subsection (5) to show—

(a)

that they did not know, and could not reasonably have been expected to know, that the place or vehicle was vape-free,

(b)

that they did not know, and could not reasonably have been expected to know, that no-vaping signs complying with the requirements of this section were not being displayed in accordance with the requirements of this section, or

(c)

that on other grounds it was reasonable for them not to comply with the duty.

(7)

If a person charged with an offence under subsection (5) relies on a defence in subsection (6), and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.

(8)

A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.”

Sections 9 to 11 (and the italic heading before section 9) become a new Chapter 1C of Part 1, with the heading “Enforcement”.

Section 12 becomes a new Chapter 1D of Part 1, with the heading “General”.

In section 79 (orders and regulations), in subsection (4)(a), after “8(5A) or (7)” (inserted by section 143) insert “, 8B, 8C(3), 8D(5)”.