Section 161 Vape-free places in Northern IrelandI1

The Smoking (Northern Ireland) Order 2006 (S.I. 2006/2957 (N.I. 20)) is amended as follows.

Articles 1 and 2 become Part 1, with the heading “Introductory”, and the italic heading before Article 1 is omitted.

In Article 2 (interpretation), in paragraph (3) insert at the appropriate place—

• ““vape-free place”: see Article 9A;

• “vape-free vehicle”: see Article 9A;”.

Articles 3 to 9 (and the italic heading before Article 3) become Part 2, with the heading “Smoking”.

After Article 9 insert—

“Part 3

Vaping

Vape-free places and vehicles

Vape-free places and vehicles

9A

(1)

Regulations may designate places or vehicles 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)

Before making regulations under this Article the Department must consult any persons it considers it appropriate to consult.

(6)

References in this Order, however expressed, to places or vehicles which are vape-free are to those places or vehicles so far as they are vape-free by virtue of regulations under this Article.

(7)

In this Article “smoke-free place” has the meaning given by Article 8(1).

No-vaping signs

No-vaping signs

9B

(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.

(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.

(3)

Regulations under paragraph (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)

Regulations may create exceptions to the duty in paragraph (2).

(5)

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

(6)

It is a defence for a person charged with an offence under paragraph (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 Article were not being displayed in accordance with the requirements of this Article, 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 paragraph (5) relies on a defence in paragraph (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 paragraph (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Offences relating to vaping

Offence of vaping in vape-free place

9C

(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 paragraph (1) to show—

(a)

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

(b)

that—

(i)

the person was using the vape when performing in a performance,

(ii)

that the use of the vape was justified to preserve the artistic integrity of the performance, and

(iii)

that the vape was not being used to vaporise a substance containing nicotine.

(3)

If a person charged with an offence under this Article relies on a defence in paragraph (2), 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.

(4)

A person guilty of an offence under this Article is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Offence of failing to prevent vaping

9D

(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, 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 paragraph (1) or (2) commits an offence.

(4)

It is a defence for a person charged with an offence under paragraph (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)

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

(a)

that the person using the vape was using it when performing in a performance,

(b)

that the use of the vape was justified to preserve the artistic integrity of the performance, and

(c)

that the vape was not being used to vaporise a substance containing nicotine.

(6)

If a person charged with an offence under this Article relies on a defence in paragraph (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 Article is liable on summary conviction to a fine not exceeding level 4 on the standard scale.”

Articles 10 to 13 become Part 5, with the heading “Enforcement”, and the italic heading before Article 10 is omitted.

Articles 14 to 17 (and the italic heading before Article 14) become Part 6, with the heading “Miscellaneous and supplementary”.

In Article 15 (regulations), in paragraph (3)(a), after “6” insert “, 9A”.