Section 149 No-smoking signs in ScotlandI1

The Smoking, Health and Social Care (Scotland) Act 2005 (asp 13) is amended as follows.

For section 3 substitute—

“No-smoking signs

3

(1)

A person who has management or control of no-smoking premises must make sure that no-smoking signs are displayed in or near those premises in accordance with any requirements imposed by regulations made by the Scottish Ministers for the purposes of this subsection.

(2)

The regulations 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.

(3)

The Scottish Ministers may by regulations create exceptions to subsection (1).

(4)

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

(5)

It is a defence for an accused charged with an offence under this section to prove that the accused (or any employee or agent of the accused) took all reasonable precautions and exercised all due diligence not to commit the offence.

(6)

A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.”

In section 40 (regulations or orders), in subsection (3), for “3(3)” substitute “3”.