Section 164 Power to prohibit vaping etc on shipsI1

United Kingdom Not yet in force

(1)

Section 85 of the Merchant Shipping Act 1995 (safety and health on ships) is amended as follows.

(2)

In subsection (8)—

(a)

in the words before paragraph (a)—

(i)

after “prohibition of smoking” insert “or the use of relevant vapes or heated tobacco devices”;

(ii)

for “smoking provisions” substitute “relevant provisions”;

(b)

in paragraph (a), for “smoking provisions” substitute “relevant provisions”;

(c)

in paragraph (b), at the end insert “in relation to the relevant provisions”;

(d)

in paragraph (c)—

(i)

after “enforcement functions” insert “in relation to the relevant provisions”;

(ii)

after “authorised officers have” insert “in relation to smoking”;

(iii)

for “(which confers powers of entry, etc., on authorised officers of enforcement authorities in relation to the enforcement of the provisions of that Act in relation to smoking)” substitute “(powers of entry)”;

(e)

for paragraph (d) substitute—

“(d)

in relation to an offence of smoking or using a relevant vape or heated tobacco device in a place where to do so is prohibited under the relevant provisions, for purposes corresponding to those of section 9 and Schedule 1 to the Health Act 2006 (fixed penalties).”;

(f)

omit the words after paragraph (d).

(3)

After subsection (8) insert—

“(9)

In subsection (8)—

“heated tobacco device” means a device that heats tobacco to generate a vapour or an aerosol for the purpose of inhalation through a mouthpiece (whether or not it can also heat other matter to produce a vapour or aerosol);

“relevant vape” means a vape that is not a heated tobacco device;

“smoking” has the same meaning as in Chapter 1 of Part 1 of the Health Act 2006;

“vape” has the meaning given by section 50 of the Tobacco and Vapes Act 2026.”

Annotations

Commencement

I1: S. 164 not in force at Royal Assent, see s. 176(3)(a)