Citation, commencement and application

1.—(1) These Regulations may be cited as the Smoke-free (Private Vehicles) Regulations 2015 and shall come into force on 1st October 2015.

(2) This regulation and regulations 2, 3, 4 and 6 apply in relation to England only.

(3) Regulation 5 applies in relation to England and Wales.

Private vehicles with children present – amendment of the Smoke-free (Exemptions and Vehicles) Regulations 2007

2.—(1) Regulation 11 of the Smoke-free (Exemptions and Vehicles) Regulations 2007(2) is amended as follows.

(2) After paragraph (1) insert—

“(1A) A vehicle that is not smoke-free by virtue of paragraph (1), or any part of such a vehicle, is smoke-free if—

(a)it is enclosed,

(b)there is more than one person present in the vehicle, and

(c)a person under the age of 18 is present in the vehicle.”

(3) In paragraph (2), for “paragraph (1)” substitute “paragraphs (1) and (1A)”

(4) In paragraph (6)(b), omit the words “or to persons on any such ships or hovercraft”.

(5) After paragraph (6) add—

“(7) Paragraph (1A) does not apply to—

(a)a caravan or motor caravan that is stationary and not on a road; or

(b)a caravan or motor caravan that is stationary, is on a road and is being used as living accommodation.

(8) In this regulation—

“caravan” means a trailer which is designed for road use and provides mobile living accommodation.

“motor caravan” means a motor vehicle which is constructed or adapted for the carriage of passengers and their effects and which contains, as permanently installed equipment, the facilities which are reasonably necessary for enabling the vehicle to provide mobile living accommodation for its users.

“road” has the same meaning as in section 192(1) of the Road Traffic Act 1988(3).”

No-smoking signs – amendment of the Smoke-free (Signs) Regulations 2012

3.—(1) The Smoke-free (Signs) Regulations 2012(4) are amended as follows.

(2) In regulation 1(3), omit sub-paragraph (b);

(3) In regulation 2, for “a smoke-free vehicle” substitute “a vehicle that is smoke-free by virtue of regulation 11(1) of the Smoke-free (Exemptions and Vehicles) Regulations 2007,”.

Fixed penalties

4.  An authorised officer of an enforcement authority who has reason to believe that a person has committed an offence under section 8(4) of the Health Act 2006 in relation to a vehicle that is smoke-free by virtue of regulation 11(1A) of the Smoke-Free (Exemptions and Vehicles) Regulations 2007, may give that person a penalty notice in respect of the offence.

Penalties and discounted amounts - amendment of the Smoke-free (Penalties and Discounted Amounts) Regulations 2007

5.—(1) The Smoke-free (Penalties and Discounted Amounts) Regulations 2007(5) are amended as follows.

(2) In paragraph (5) of regulation 2, after “under section 7(2)” insert “or 8(4)”.

Enforcement – amendment of the Smoke-free (Premises and Enforcement) Regulations 2006

6.—(1) The Smoke-free (Premises and Enforcement) Regulations 2006(6) are amended as follows.

(2) In regulation 3, after paragraph (5) add—

“(6) The Chief Officer of each police force is designated as an enforcement authority for the purposes of Chapter 1 of Part 1 of the Act.

(7) An enforcement authority designated under paragraph (6) has enforcement functions in relation to vehicles that—

(a)are smoke-free by virtue of regulation 11(1A) of the Smoke-Free (Exemptions and Vehicles) Regulations 2007; and

(b)are within the police area for which the police force in question is maintained.”(7)

Review

7.—(1) Before the end of the review period the Secretary of State must—

(a)carry out a review of these Regulations,

(b)set out the conclusions of the review in a report, and

(c)publish the report.

(2) The report must in particular—

(a)set out the objectives intended to be achieved by the regulatory system established by these Regulations,

(b)assess the extent to which those objectives are achieved, and

(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(3) “Review period” means the period of five years beginning with the day on which these Regulations come into force.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations made under Chapter 1 of Part 1 of the Health Act 2006, contain provisions to require private vehicles in England to be smoke-free when children are present. Regulations 2, 3, 5 and 6 amend existing Regulations to make the provisions.

Regulation 2 provides for private vehicles to be smoke-free when they are enclosed, there is more than one person in the vehicle and a person under the age of 18 is present in the vehicle. Caravans and motor caravans are excluded when they are being used as living accommodation.

Regulation 3 ensures that there is no duty to display no-smoking signs in vehicles that are smoke-free by virtue of these Regulations.

Regulation 4 provides that a penalty notice may be given where there is reason to believe that a person has committed an offence of failing to prevent smoking in a vehicle that is smoke-free by virtue of these Regulations.

Regulation 5 sets the amount of the penalty for a penalty notice given in respect of an offence of failing to prevent smoking in a vehicle that is smoke-free by virtue of these Regulations.

Regulation 6 provides for chief officers of police to be enforcement authorities for vehicles that are smoke-free by virtue of these Regulations.

Regulation 7 requires the Secretary of State to review the operation and effect of these Regulations and publish a report within the period of five years beginning with when the Regulations come into force.

An Impact Assessment has been prepared for these Regulations and is published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.