Tobacco Smoking (Public Places and Workplaces) Bill [HL]

Transcription

1 Tobacco Smoking (Public Places and Workplaces) Bill [HL] CONTENTS 1 Limitation of smoking 2 Duty of occupiers 3 Designation of smoking area 4 Rights of employees Regulations 6 Offences 7 Power of court to order cause of offences to be remedied 8 Enforcement 9 No requirement to provide smoking areas &c. Crown application 11 Interpretation 12 Short title, commencement and extent Schedule Public places and exempt places Part 1 Public places Part 2 Exempt places HL Bill 42 3/3

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3 Tobacco Smoking (Public Places and Workplaces) Bill [HL] 1 A BILL TO Limit tobacco smoking in public places including workplaces, and for connected purposes. B E IT ENACTED by the Queen s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1 Limitation of smoking (1) It shall be unlawful for a person to smoke in a public place, except in a designated smoking area. (2) References in this Act to a public place are to an enclosed public place. (3) For the purposes of this Act public place includes (but is not limited to) so much of any place within the categories of places described in Part 1 of the Schedule as is enclosed while the place is open to the public but does not include the categories of places (in this Act called exempt places ) described in Part 2 of that Schedule. (4) An enclosed workplace is a public place for the purposes of this Act unless it is an exempt place. 2 Duty of occupiers It shall be the duty of the occupier of any public place to take reasonable steps to ensure compliance with the requirements of section 1(1). 3 Designation of smoking area Subject to the requirements of any regulations made under section, the occupier of any public place may designate a suitable and sufficient proportion (but not the whole) of that place as an area (in this Act called a designated smoking area) where smoking is permitted. HL Bill 42 3/3

4 2 Tobacco Smoking (Public Places and Workplaces) Bill [HL] 4 Rights of employees (1) No employee shall be required by his contract of employment either (a) expressly to work in a smoking area, or (b) to undertake work of a kind carried out solely or predominantly in a smoking area. (2) Any employee, other than one required by his contract of employment to work in an exempt place, shall be deemed to have been unfairly dismissed for the purposes of the Employment Protection (Consolidation) Act 1978 (c. 44) if (a) he is dismissed and the reason for the dismissal is his refusal to work in a smoking area; (b) he terminates his contract of employment and the reason for the termination is the failure of his employer to provide him with work in a non-smoking area. For the purposes of this subsection, reason means the principal reason. (3) Every employee, other than one required by his contract of employment to work in an exempt place, shall have the right not to have action (short of dismissal) taken against him by his employer for the purposes of compelling him to work in a smoking area. (4) Section 140(1) of the 1978 Act (restrictions on contracting out) shall apply to any provision whereby an employee is required to forego his rights under this section. () For the purposes of this section non-smoking area means so much of a public place as is not a smoking area; smoking area means a designated smoking area and in the case of any failure by the occupier of a workplace to comply with section 2, any part of the workplace where smoking regularly takes place Regulations (1) Regulations may be made (a) with respect to the establishment of designated smoking areas in public places; (b) specifying or providing for the determination of the maximum permitted size, area or capacity of designated smoking areas in relation to the total capacity of the public place of which the designated smoking area forms part; (c) prohibiting the designation of smoking areas in such category of public places as are specified in the regulations; (d) requiring a prescribed form of consultation with employees as to the establishment of designated smoking areas and the adoption of nonsmoking areas in workplaces; (e) setting maximum permitted exposure levels or durations of exposure to tobacco smoke, or any of the constituent ingredients of tobacco smoke or combination thereof, for any employee whose duties may include work in a designated smoking area, or for any employee required by a contract of employment to work in an exempt place;

5 Tobacco Smoking (Public Places and Workplaces) Bill [HL] 3 (f) (g) (h) (i) setting maximum permitted exposure levels or durations of exposure to tobacco smoke, or any constituent ingredient of tobacco smoke or combination thereof, for (i) employees, or (ii) members of the public who may be exposed to tobacco smoke by virtue of their proximity at any time to a designated smoking area; making requirements as to the provision within public places of signs, giving notice of this Act and of the regulations, including the wording, design, size, number and positions of such signs; regulating the design, nature and provision of ashtrays and fixed facilities for the disposal of tobacco products at the entrances to or within public places; regulating the provision, design and operation of ventilation and air purification systems in designated smoking areas and exempt places. (2) Regulations under this section may (a) make different provision for different purposes, including different categories of public places (whether or not such categories are those specified in the Schedule); (b) provide that a person contravening the regulations shall be liable on summary conviction to a fine not exceeding level on the standard scale. (3) Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. (4) The power to make regulations under this section is exercisable (a) by the Secretary of State in relation to England; (b) by the National Assembly for Wales in relation to Wales Offences (1) It is an offence for a person (a) to contravene section 1(1); (b) to fail to discharge the duty to which he is subject by virtue of section 2; or (c) to fail to comply with an order made by a court under section 7. (2) A person convicted of an offence under subsection 1(a) shall be liable on summary conviction to a fine not exceeding level on the standard scale. (3) A person convicted of an offence under subsection (1)(b) or (c) shall be liable on summary conviction to a fine not exceeding level on the standard scale, together with a further fine equal to one-tenth of that level for each day on which the offence continues after the conviction Power of court to order cause of offences to be remedied (1) Where a person is convicted of an offence under section 2 or under the regulations made under section in respect of any matters which appear to the court to be matters which it is within his power to remedy, the court may, in addition to or instead of imposing any punishment, order him, within such 4

6 4 Tobacco Smoking (Public Places and Workplaces) Bill [HL] time as may be fixed by the order, to take such steps as may be specified in the order for remedying the said matters. (2) The time fixed by an order under subsection (1) may be extended or further extended by order of the court on an application made by the local authority before the end of that time as originally fixed or as extended under this subsection, as the case may be. (3) Where a person is ordered under subsection (1) to remedy any matters, that person shall not be liable under section 2 or under the regulations made under section in respect of those matters in so far as they continue during the time fixed by the order and any further time allowed under subsection (2). 8 Enforcement (1) It shall be the duty of the local authority to enforce this Act and regulations made under section. (2) Orders may be made to make provision for powers to be granted to local authorities so as to enforce the Act and the regulations made under section. (3) The power to make orders under this section shall be exercised by statutory instrument (which shall be subject to annulment in pursuance of a resolution of either House of Parliament). (4) The power to make orders under this section is exercisable (a) by the Secretary of State in relation to England; (b) by the National Assembly for Wales in relation to Wales. () Nothing in subsection (1) shall prevent any person by any contravention of or non-compliance with the Act or the regulations from bringing criminal or civil proceedings as the case may be in respect if contravention or non-compliance. 9 No requirement to provide smoking areas &c. Nothing in this Act or the regulations made under section shall require the occupier of any public places to designate smoking areas or otherwise prevent him from prohibiting smoking in all parts of a public place Crown application (1) This Act binds the Crown. (2) For the purposes of this Act and of the regulations made under section persons in the service of the Crown shall be treated as employees of the Crown whether or not they would be so treated apart from this subsection. (3) Nothing in this section shall authorise proceedings to be brought against Her Majesty in Her private capacity, and this subsection shall be construed as if section 38(3) of the Crown Proceedings Act 1947 (c. 44) (interpretation of references in that Act to Her Majesty in Her private capacity) were contained in this Act. 30 3

7 Tobacco Smoking (Public Places and Workplaces) Bill [HL] 11 Interpretation (1) For the purposes of this Act, an enclosed place is an area between a floor and a ceiling or roof which is enclosed on all sides by walls or windows (exclusive of doors or passageways) extending from the floor to the ceiling or roof. (2) In this Act cigarette includes cut tobacco rolled up in paper, tobacco leaf or other material in such form as to be capable of immediate use for smoking; local authority in relation to England means any unitary authority or district council so far as they are not a unitary authority and in relation to Wales means the council of any county or borough; occupier in relation to any place means the person having control or management of the place; public includes a section of the public; smoking includes having a lighted cigarette, cigar, pipe or any other smoking equipment and smoke shall be construed accordingly; tobacco includes cigarettes and smoking mixtures intended as a substitute for tobacco; unitary authority means (a) any county council so far as they are the council for an area for which there are no district councils, (b) the council of any district comprised in an area for which there is no county council, (c) any London borough council, (d) the Common Council of the City of London, or (e) the Council of the Isles of Scilly; workplace means any place in which persons are employed Short title, commencement and extent (1) This Act may be cited as the Tobacco Smoking (Public Places and Workplaces) Act (2) This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be so appointed for different purposes. (3) This Act extends to England and Wales only. 30

8 6 Tobacco Smoking (Public Places and Workplaces) Bill [HL] Schedule Public places and exempt places SCHEDULE Section 1 PUBLIC PLACES AND EXEMPT PLACES PART 1 PUBLIC PLACES Business premises 1 Premises used for any trade, business or profession, or any part to which the public have access. Official premises 2 Premises occupied by any Government department, local authority or other public body, to which the public have access. Places of public entertainment or resort 3 (1) Theatres, cinemas and places used for any entertainment, exhibition or sporting event. (2) Premises used for any meeting which the public are permitted to attend, whether on payment or otherwise. Public conveyances and transport premises 4 (1) Railway passenger trains, public service vehicles, tramcars, trolley buses, taxi cabs and any other vehicle used for the transportation of the public. (2) Any British registered vessel and any British controlled aircraft used for the carriage of passengers. (3) Railway stations, bus terminals, and other transport premises. 20 Education premises Classrooms, lecture halls and other areas of educational establishments used by persons attending such establishments. Health care premises 2 6 Hospitals, clinics and other premises used for medical, dental or residential care purposes, save for those areas of such premises designated as exempt premises under Part 2 of this Schedule.

9 Tobacco Smoking (Public Places and Workplaces) Bill [HL] Schedule Public places and exempt places Part 2 Exempt places 7 PART 2 EXEMPT PLACES 7 Shops used wholly or mainly for the sale of tobacco and smokers requisites. 8 Sleeping rooms designated as suitable for tobacco smoking in hotels, inns or similar establishments. 9 Areas of premises used for medical or residential care purposes which are primarily used as residences and are enclosed areas separated from the common parts of such premises and from areas of such premises to which the public have access. Such areas of prisons and places of detention under the jurisdiction of Her Majesty s Prison Service as may be designated by the Prison Service under its rules and procedures. 11 Workplaces which are domestic premises, and areas of workplaces which are primarily used as domestic premises, are enclosed areas separated from the common parts of such premises, and are areas to which the public do not have access.

10 Tobacco Smoking (Public Places and Workplaces) Bill [HL] A BILL To limit tobacco smoking in public places, including workplaces, and for connected purposes. The Lord Faulkner of Worcester Ordered to be Printed, th March 2004 Parliamentary copyright House of Lords 2004 Applications for reproduction should be made in writing to the Copyright Unit, Her Majesty s Stationery Office, St. Clements House, 2-16 Colegate, Norwich, NR3 1BQ PUBLISHED BY AUTHORITY OF THE HOUSE OF LORDS LONDON: THE STATIONERY OFFICE Printed in the United Kingdom by The Stationery Office Limited x.xx net HL Bill 42 (xxxxxx) 3/3 xxxbarxxx