2015 No. 1363 (W. 133)
The Smoke-free Premises etc. (Wales) (Amendment) Regulations 2015
Made
Coming into force
The Welsh Ministers, in exercise of the powers conferred by sections 5, 8(3), 9(1A), 10(1) and (2), and paragraph 4 of Schedule 1 to the Health Act 20061, make the following Regulations, a draft of which was laid before the National Assembly for Wales in accordance with section 79(4A) of that Act.
Title, commencement, application and interpretationI11
1
The title of these Regulations is the Smoke-free Premises etc. (Wales) (Amendment) Regulations 2015 and they come into force on 1 October 2015.
2
These Regulations apply in relation to Wales.
3
In these Regulations—
-
“the principal Regulations” (“y prif Reoliadau”) means The Smoke-free Premises etc (Wales) Regulations 20072.
Amendment of the principal RegulationsI22
1
In regulation 1(3) of the principal Regulations (interpretation)—
a
in the appropriate place, insert the following definitions—
“caravan”(“carafán”) means a trailer which is designed for road use and provides mobile living accommodation;
“motor caravan” (“carafán modur”) 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” (“ffordd”) has the same meaning as in section 192(1) of the Road Traffic Act 19883
2
Following regulation 4 of the principal Regulations (smoke-free vehicles) insert the following—
4APrivate vehicles with children present
1
Subject to the following paragraphs of this regulation, a private vehicle or any part of a private 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.
2
A vehicle or part of a vehicle is enclosed for the purposes of paragraph (1) where it has doors or windows which may be opened but it is not enclosed unless it is wholly or partly covered by a roof.
3
In this regulation “roof” does not include any roof which is completely stowed away so that it does not cover any part of a compartment in which persons may travel.
4
This regulation applies to all vehicles other than—
a
a caravan or motor caravan that is stationary and not on a road;
b
a caravan or motor caravan that is stationary, is on a road and is being used as living accommodation;
c
aircraft;
3
Following regulation 7 of the principal Regulations (Duty to prevent smoking in smoke-free vehicles), insert—
7ADuty to prevent smoking in smoke-free private vehicles
The driver of a vehicle that is smoke-free by virtue of regulation 4A is under a duty to cause any person who is smoking in the vehicle to stop smoking.
7BFixed penalties
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 Act in relation to a vehicle that is smoke-free by virtue of regulation 4A, may give that person a penalty notice in respect of the offence.
4
In the Schedule to the principal Regulations (Penalty Notice Forms), for form 2 substitute the form in the Schedule to these Regulations.
5
In regulation 8 of the principal Regulations (Enforcement: designation of enforcement authorities), after paragraph (3) add—
4
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.
5
An enforcement authority designated under paragraph (4) has enforcement functions in relation to vehicles that—
a
are smoke free by virtue of regulation 4A; and
b
are within the police area for which the police force in question is maintained6
I3SCHEDULE
(This note is not part of the Regulations)
Sch. in force at 1.10.2015, see reg. 1(1)