1 Citation, extent, commencement and interpretation

(1)    These Regulations may be cited as the Smoke-free (Penalties and Discounted Amounts) Regulations 2007.

(2)    These Regulations extend to England and Wales.

(3)    These Regulations come into force in England on 1st July 2007 and in Wales on 2nd April 2007.

(4)    In these Regulations—

“level” means a level on the standard scale;

“Schedule 1” means Schedule 1 to the Health Act 2006; and

“section” means a section of that Act.

NOTES
Initial Commencement
Specified date

Specified date (in relation to Wales): 2 April 2007: see para (3) above.

Specified date (in relation to England): 1 July 2007: see para (3) above.

Extent

These Regulations do not extend to Scotland: see para (2) above.

2 Penalties and discounted amounts

2Penalties and discounted amounts

(1)    Level 3 is specified for the purposes of section 6(8) (no-smoking sign offences).

(2)    Level 1 is specified for the purposes of section 7(6) (offence of smoking in a smoke-free place).

(3)    Level 4 is specified for the purposes of section 8(7) (offence of failing to prevent smoking in a smoke-free place).

(4)    In respect of an offence alleged under section 6(5)—

(a)    the amount of the penalty specified for the purposes of paragraph 5 of Schedule 1 is £200;

(b)    the discounted amount specified for the purposes of paragraph 8 of Schedule 1 is £150.

(5)    In respect of an offence alleged under section 7(2)—

(a)    the amount of the penalty specified for the purposes of paragraph 5 of Schedule 1 is £50;

(b)    the discounted amount specified for the purposes of paragraph 8 of Schedule 1 is £30.

NOTES
Initial Commencement
Specified date

Specified date (in relation to Wales): 2 April 2007: see reg 1(3).

Specified date (in relation to England): 1 July 2007: see reg 1(3).

Extent

These Regulations do not extend to Scotland: see reg 1(2).

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Signature

Signed by authority of the Secretary of State for Health

Caroline Flint

Minister of State,

Department of Health

7th March 2007

EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Regulations)

These Regulations which extend to England and Wales specify penalties and discounted amounts for the purposes of the smoking offences created by Chapter 1 of Part 1 of the Health Act 2006.

Regulation 2(1) provides that the maximum fine on conviction for an offence relating to the display of no-smoking signs is level 3 on the standard scale (currently £1000). Regulation 2(4) provides that where the fixed penalty procedure is used for an alleged offence relating to the display of no-smoking signs—

(a)    the fixed penalty is £200; and

(b)    the discounted amount is £150.

Regulation 2(2) provides that the maximum fine on conviction for an offence of smoking in a smoke-free place is level 1 on the standard scale (currently £200). Regulation 2(5) provides that where the fixed penalty procedure is used for an alleged offence of smoking in a smoke-free place—

(a)    the fixed penalty is £50; and

(b)    the discounted amount is £30.

Regulation 2(3) provides that the maximum fine on conviction for failing to prevent smoking in a smoke-free place is level 4 on the standard scale (currently £2500).

A Regulatory Impact Assessment has been prepared for these Regulations and a copy has been placed in the library of each House of Parliament. Copies can be obtained from the Smoke-free Legislation Team, Room 712, Department of Health, Wellington House, 133–135 Waterloo Road, London SE1 8UG.

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