Section 148 No-smoking premises in ScotlandI1

in section 4 (meaning of “no-smoking premises” etc), for subsections (2) to (9) substitute—

“(2)

In this Part, “no-smoking premises” means such premises as are prescribed by regulations made by the Scottish Ministers.

(3)

Premises other than vehicles may be prescribed as no-smoking premises only if they are—

(a)

wholly or substantially enclosed,

(b)

workplaces, or

(c)

open to the public.

(4)

If premises that are not wholly or substantially enclosed are used as a place of work, or open to the public, only some of the time, regulations prescribing them as no-smoking premises must provide for them to be no-smoking premises only when so used.

(5)

The power to prescribe no-smoking premises may not be used to prescribe a 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.

(6)

Regulations prescribing premises as no smoking-premises may, in particular—

(a)

provide for them to be no-smoking premises, 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 in which smoking is permitted.

(7)

The Scottish Ministers must consult such persons as they consider appropriate before making any regulations under this section.

(8)

The Scottish Ministers may by regulations define or elaborate the meaning of “wholly or substantially enclosed” in subsection (3)(a).

(9)

In this section—

• “open to the public”: premises are open to the public if the public or a section of the public has access to them, whether by invitation or not, and whether on payment or not;

• “premises” includes any place, including a moveable structure or vehicle, other than an aircraft;

• “vehicle” means every type of vehicle, including a vessel;

• “work” includes voluntary work;

• “workplace” means—

  1. (a)

     a place of work used by more than one person (even if the persons who work there do so at different times, or only intermittently), or

  2. (b)

     a place of work where members of the public might attend for the purpose of seeking or receiving goods or services from the person or persons working there (even if members of the public are not always present).”;

omit sections 4A to 4D (provision about smoking outside hospitals).

in paragraph (1), for the words from “the premises or classes of premises specified” to the end substitute

“premises or classes of premises that are—

(a)

specified in Schedule 1 to these Regulations, and

(b)

wholly or substantially enclosed,

subject to paragraph (2).”;

for paragraph (2) substitute—

“(2)

But “no smoking-premises” does not include anything specified in Schedule 2 to these Regulations.”;

in paragraph (3)—