Section 146 Heated tobacco-free places in EnglandI1

The Health Act 2006 is amended as follows.

After section 8E (inserted by section 145 of this Act) insert—

“Chapter 1B

Heated tobacco-free places in England

Introduction

8F

This Chapter makes provision for the prohibition of the use of heated tobacco devices in places and vehicles in England that are designated heated tobacco-free under section 8G.

Heated tobacco-free places and vehicles

8G

(1)

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

(2)

Only smoke-free places may be designated as heated tobacco-free.

(3)

The regulations may, in particular—

(a)

provide for places or vehicles to be heated tobacco-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 heated tobacco-free.

(4)

The regulations may, in particular, frame the circumstances in which a vehicle is heated tobacco-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 heated tobacco-free, are to places or vehicles so far as they are heated tobacco-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 using a heated tobacco device

8H

(1)

A person who uses a heated tobacco device in a heated tobacco-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 heated tobacco-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 heated tobacco device 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 the 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.

Offence of failing to prevent use of heated tobacco device

8I

(1)

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

(2)

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

(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 heated tobacco device,

(b)

that they did not know, and could not reasonably have been expected to know, that the person in question was using a heated tobacco device, 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 heated tobacco device 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.

Heated tobacco-free places and vehicles: signs

8J

(1)

A person who occupies or is concerned in the management of a heated tobacco-free place must make sure that 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 heated tobacco-free vehicle must to make sure that 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)

The signs must indicate that the use of heated tobacco devices is prohibited in the place or vehicle.

(4)

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.

(5)

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

(6)

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

(7)

It is a defence for a person charged with an offence under subsection (6) to show—

(a)

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

(b)

that they did not know, and could not reasonably have been expected to know, that 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.

(8)

If a person charged with an offence under subsection (6) relies on a defence in subsection (7), 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.

(9)

A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.”

In section 79 (orders and regulations), in subsection (4)(a), after “, 8D(5),” (inserted by section 145 of this Act) insert “, 8G, 8H(3), 8I(5)”.