The Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006

Citation, interpretation and commencement

1.—(1) These Regulations may be cited as the Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006.

(2) In these Regulations–

“the Act” means the Smoking, Health and Social Care (Scotland) Act 2005;

“adult” means a person aged 16 years or over;

“adult care home” means an establishment providing a care home service exclusively for adults;

“adult hospice” means a hospice providing care exclusively for adults;

“bar” means any premises exclusively or mainly used for the sale and consumption of beverages, whether alcoholic or not;

“car” means a mechanically propelled road vehicle which is not–

“care home service” means a care home service within the meaning of section 2(3) of the Regulation of Care (Scotland) Act 2001(1);

“club premises” means any premises which are used by and for the purposes of a club or other unincorporated association, whether for profit or not;

“council” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(2);

“designated hotel bedroom” means a room in a hotel which–

“designated laboratory room” means a room in a laboratory, the recognised activities of which laboratory consist of, or include, the conduct of scientific education or research into smoking, which–

“designated room” means a room which–

“detention or interview room” means a room–

“domestic premises” means premises occupied as a private dwelling (including any garage, outhouse, or other appurtenance of such premises which is not used in common by the occupants of more than one such dwelling), and “non-domestic premises” shall be construed accordingly;

“educational institution” means–

“health care premises” means any premises provided by the Scottish Ministers in accordance with the provisions of section 36(1)(b) of the National Health Service (Scotland) Act 1978(8) and any other premises which are not a hospital and which are used for the purpose of providing medical, dental, pharmaceutical, ophthalmic or chiropody services to non-resident persons;

“hospice” means an establishment the whole or main purpose of which is to provide palliative care for persons resident there who are suffering from a progressive disease in its final stages;

“hospital” means–

and includes clinics, dispensaries and out-patient departments which are not health care premises which are maintained in connection with any such home or institution;

“hospital unit” means any part of a hospital which is treated as a separate unit;

“hotel” means a hotel, boarding house, guest house, inn or hostel containing at least two rooms or apartments set apart exclusively for the sleeping accommodation of travellers;

“illness” includes mental disorder within the meaning of section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003(9) and any injury or disability requiring medical or dental treatment or nursing;

“legalised police cell” means a police cell within the meaning of section 14(1) of the Prisons (Scotland) Act 1989(10);

“no smoking notice” means a notice displayed in accordance with section 3(1) of the Act;

“offender accommodation service” means an offender accommodation service within the meaning of section 2(10) of the Regulation of Care (Scotland) Act 2001;

“offshore installation” means any offshore installation within the meaning of regulation 3 of the Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995(11);

“premises” includes–

“private hire car” means a hire car other than a taxi within the meaning of section 23(1) of the Civic Government (Scotland) Act 1982(12);

“private vehicle” means–

“psychiatric hospital” means a hospital the whole or main purpose of which is to treat persons with a mental disorder within the meaning of section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003, and includes a state hospital;

“psychiatric unit” means a hospital unit the whole or main purpose of which is to treat persons with a mental disorder within the meaning of section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003;

“public house” includes an inn, ale house, victualling house or other premises in which alcoholic drink is sold by retail for consumption either on or off the premises;

“public transportation facilities” includes train stations, bus stations, bus shelters, waiting rooms, ticket offices and terminal buildings provided in connection with any public transportation vehicle;

“public transportation vehicle” means any vehicle available to the public as a means of transportation and includes a taxi and a private hire car;

“residential accommodation” means so much of any premises as is for the time being occupied or used by any person for residential purposes, but does not include so much of any such premises as constitutes a common area to which the person has or is allowed access in connection with the person’s use or occupation of that accommodation, nor does it include an adult care home, an adult hospice, a psychiatric hospital, a psychiatric unit or premises providing a secure accommodation service;

“restaurant” means–

“secure accommodation service” means a secure accommodation service within the same meaning of section 2(9) of the Regulation of Care (Scotland) Act 2001;

“sports centre” means any gymnasium, health spa, swimming pool, roller or ice rink, bowling alley and other similar premises used to engage in sports, athletics or recreational activities or to witness sports, athletics, recreational or similar activities;

“state hospital” means a state hospital provided under section 102(1) of the National Health Service (Scotland) Act 1978;

“taxi” means a hire car within the meaning of section 23(1) of the Civic Government (Scotland) Act 1982; and

“vehicle” includes any train, bus, car and any vessel (whether navigable or not), boat or hovercraft.

(3) A reference to premises includes any premises within premises.

(4) These Regulations shall come into force at 0600 hours on 26th March 2006.