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Smoking, Health and Social Care (Scotland) Act 2005

Type Act of the Scottish Parliament
Publication 2005-08-05
Last updated 2022-09-19
State In force
Jurisdiction Scotland
Department Statute Law Database
Source legislation.gov.uk
articles Not indexed
Reform history JSON API

[^key-7277b5a64c9267c09c63b9ce00a72c8f]: Word in s. 28(1)(a)(ii) repealed (31.3.2011) by Patient Rights (Scotland) Act 2011 (asp 5), ss. 22(2)(a)(ii), 26(2) (with ss. 18(3), 20)

[^key-bf060bb52390d9d997f013451a198eb4]: S. 28(1)(a)(iii) repealed (31.3.2011) by Patient Rights (Scotland) Act 2011 (asp 5), ss. 22(2)(a)(iii), 26(2) (with ss. 18(3), 20)

[^key-84999f50ccebe40b9fc3c60caea6c3a2]: S. 28(1)(c) inserted (31.3.2011) by Patient Rights (Scotland) Act 2011 (asp 5), ss. 22(2)(c), 26(2) (with ss. 18(3), 20)

[^key-ee0cf1a8bf608a95047f76e7e7195483]: Word in s. 28(1)(b)(i) inserted (31.3.2011) by Patient Rights (Scotland) Act 2011 (asp 5), ss. 22(2)(b)(i), 26(2) (with ss. 18(3), 20)

[^key-464d82f190c49ac02a1a94e0b2219374]: Word in s. 28(1)(b)(ii) repealed (31.3.2011) by Patient Rights (Scotland) Act 2011 (asp 5), ss. 22(2)(b)(ii), 26(2) (with ss. 18(3), 20)

[^key-8cf2ff580f60c6ad1ab9e64b475f91f2]: S. 28(1)(b)(iii) repealed (31.3.2011) by Patient Rights (Scotland) Act 2011 (asp 5), ss. 22(2)(b)(iii), 26(2) (with ss. 18(3), 20)

[^key-09164128f0df9657cf0c871ae2e25aad]: Words in s. 28(3)(b) inserted (31.3.2011) by Patient Rights (Scotland) Act 2011 (asp 5), ss. 22(4)(a), 26(2) (with ss. 18(3), 20)

[^key-34d9580d7b363cad047e9ce8404d9033]: Words in s. 28(3)(e) inserted (31.3.2011) by Patient Rights (Scotland) Act 2011 (asp 5), ss. 22(4)(b), 26(2) (with ss. 18(3), 20)

[^key-a91eb7ccf0ea844557b822a3946426f5]: Words in s. 28(4)(a) inserted (31.3.2011) by Patient Rights (Scotland) Act 2011 (asp 5), ss. 22(5), 26(2) (with ss. 18(3), 20)

[^key-14ac51655848323316940df39209b6e5]: S. 30(2) repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 17 para. 33; S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.

[^M_C_204cf100-1823-495d-856f-63ae66604bc4]: Sch. 1 paras. 1-3 applied (15.5.2006) by Smoking, Health and Social Care (Scotland) Act 2005 and The Prohibition Of Smoking In Certain Premises (Scotland) Regulations 2006 (Consequential Provisions) (Scotland) Order 2006 (S.I. 2006/1115), arts. 1, 3 (with art. 4)

[^key-900c278377db543ed5fdfafb759e3174]: Ss. 4A-4D inserted (2.3.2022 for specified purposes, 5.9.2022 in so far as not already in force) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 20(2), 36(2); S.S.I. 2022/43, reg. 2, sch.

[^key-77232033dedce0fbaa4fd673bd44d31e]: Words in s. 5(1) substituted (2.3.2022 for specified purposes, 5.9.2022 in so far as not already in force) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 20(3), 36(2); S.S.I. 2022/43, reg. 2, sch.

[^key-20938002eab0c05d342fc0af11adc1f7]: S. 5 title substituted (2.3.2022 for specified purposes, 5.9.2022 in so far as not already in force) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 20(4), 36(2); S.S.I. 2022/43, reg. 2, sch.

[^key-b4ef95107140a0714a089db0150dc074]: Words in s. 6(2) substituted (2.3.2022 for specified purposes, 5.9.2022 in so far as not already in force) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 20(5), 36(2); S.S.I. 2022/43, reg. 2, sch.

[^key-54ddeed62e82a2a5272b64466d5e762e]: S. 7(1A) inserted (2.3.2022 for specified purposes, 5.9.2022 in so far as not already in force) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 20(6)(a), 36(2); S.S.I. 2022/43, reg. 2, sch.

[^key-eaa48359777a85c7da9ebc3fe74adcdc]: Words in s. 7(3)(a)(i) substituted (2.3.2022 for specified purposes, 5.9.2022 in so far as not already in force) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 20(6)(b), 36(2); S.S.I. 2022/43, reg. 2, sch.

[^key-a01192cda5136f42cf9d132636db7f7c]: Words in s. 7(5) in definition renumbered (2.3.2022 for specified purposes, 5.9.2022 in so far as not already in force) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 20(6)(c)(i), 36(2); S.S.I. 2022/43, reg. 2, sch.

[^key-bdc410b0d32c0f38eb3b3fdc48eebe0f]: Words in s. 7(5) inserted (2.3.2022 for specified purposes, 5.9.2022 in so far as not already in force) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 20(6)(c)(ii), 36(2); S.S.I. 2022/43, reg. 2, sch.

[^key-93975b1e99d5fcf455e6824fe09b0333]: Words in s. 40(3)(a) substituted (2.3.2022 for specified purposes, 5.9.2022 in so far as not already in force) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 20(7), 36(2); S.S.I. 2022/43, reg. 2, sch.

[^key-9318e2374f9d5b229e962a18085e3bf4]: Words in sch. 1 para. 1(2) substituted (2.3.2022 for specified purposes, 5.9.2022 in so far as not already in force) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 20(8)(b), 36(2); S.S.I. 2022/43, reg. 2, sch.

[^key-721e70884b814b9818737dba2a45f332]: Words in sch. 1 para. 1(3) substituted (2.3.2022 for specified purposes, 5.9.2022 in so far as not already in force) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 20(8)(c), 36(2); S.S.I. 2022/43, reg. 2, sch.

[^key-860c0dadd22f278887df18e25f662389]: Words in sch. 1 para. 2 substituted (2.3.2022 for specified purposes, 5.9.2022 in so far as not already in force) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 20(8)(d), 36(2); S.S.I. 2022/43, reg. 2, sch.

[^key-ed6b68c1fe3eb0a732635945dbaa2957]: Words in sch. 1 para. 4(1) substituted (2.3.2022 for specified purposes, 5.9.2022 in so far as not already in force) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 20(8)(e), 36(2); S.S.I. 2022/43, reg. 2, sch.

[^key-46746aa942bceb5a03a7f918d70c7b1c]: Sch. 1 title substituted (2.3.2022 for specified purposes, 5.9.2022 in so far as not already in force) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 20(8)(f), 36(2); S.S.I. 2022/43, reg. 2, sch.

[^key-fee374caf14b88cef0749cab9bb465a0]: Sch. 1 para. 1(1A) inserted (19.9.2022) by The Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (Supplementary Provision) Regulations 2022 (S.S.I. 2022/276), regs. 1, 2(b)

[^key-a47ca2940dc76adfa457488a6e8fe459]: Words in sch. 1 para. 1(1) substituted (19.9.2022) by The Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (Supplementary Provision) Regulations 2022 (S.S.I. 2022/276), regs. 1, 2(a)

Health and Medicines Act 1988 (c. 49)

National Health Service (Primary Care) Act 1997 (c. 46)

Police Act 1997 (c. 50)

The Scottish Public Services Ombudsman Act 2002 (asp 11)

Independent health care services

Implementation of certain decisions under the 2001 Act

Provision of information to the Scottish Social Services Council

Registration of child care agencies and housing support services

Ancillary provision

Regulations or orders

Health and Medicines Act 1988 (c. 49)

National Health Service (Primary Care) Act 1997 (c. 46)

Police Act 1997 (c. 50)

The Scottish Public Services Ombudsman Act 2002 (asp 11)

Offence of permitting others to smoke in no-smoking premises

4A
  • (1) A person who, having the management and control of the no-smoking area outside a hospital building, knowingly permits another to smoke there commits an offence.
  • (2) A person accused of an offence under this section is to be regarded as having knowingly permitted another to smoke in the no-smoking area outside a hospital building if that person ought to have known that the other person was smoking there.
  • (3) It is a defence for an accused charged with an offence under this section to prove—
  • (a) that the accused (or any employee or agent of the accused) took all reasonable precautions and exercised all due diligence not to commit the offence, or
  • (b) that there were no lawful and reasonably practicable means by which the accused could prevent the other person from smoking in the no-smoking area outside a hospital building.
  • (4) A person who commits an offence under this section is liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.
4B
  • (1) A person who smokes within the no-smoking area outside a hospital building commits an offence.
  • (2) It is a defence for an accused charged with an offence under this section to prove that the accused did not know, and could not reasonably be expected to have known, that the place in which it is alleged the accused was smoking was within the no-smoking area outside a hospital building.
  • (3) A person who commits an offence under this section is liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
4C
  • (1) The Health Board for the area in which a hospital is situated must conspicuously display no-smoking notices at every entrance to the hospital grounds.
  • (2) The person having the management and control of a hospital building must conspicuously display no-smoking notices at every entrance to the building.
  • (3) A no-smoking notice is a notice stating that it is an offence to smoke in the no-smoking area outside a hospital building or knowingly to permit smoking there.
  • (4) The Scottish Ministers may by regulations make further provision as to the manner of display, form and content of no-smoking notices.
  • (5) A person who fails to display no-smoking notices in accordance with subsection (2) (and regulations made under subsection (4) insofar as they relate to the duty under subsection (2)) commits an offence.
  • (6) A person who commits an offence under subsection (5) is liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
4D
  • (1) For the purposes of this Part, the “no-smoking area outside a hospital building” is the area—
  • (a) lying immediately outside the hospital building, and
  • (b) bounded by a perimeter the specified distance from the building,

but only insofar as the area forms part of hospital grounds.

  • (2) The Scottish Ministers may by regulations—
  • (a) specify the distance for the purposes of subsection (1)(b),
  • (b) make further provision about determining the perimeter around a building for the purposes of that subsection.
  • (3) In this Part—
  • “hospital” means a health service hospital (as defined in section 108(1) of the National Health Service (Scotland) Act 1978),
  • “hospital building” means a building situated on hospital grounds,
  • “hospital grounds”, in relation to a hospital, means land in the vicinity of the hospital and associated with it.
  • (4) The Scottish Ministers may by regulations—
  • (a) provide that hospitals of a specified description are not hospitals for the purposes of this Part,
  • (b) provide that land of a specified description is or is not to be considered “hospital grounds” and otherwise make further provision to elaborate the meaning of “hospital grounds” for the purposes of this Part,
  • (c) provide that buildings of a specified description are not hospital buildings for the purposes of this Part,
  • (d) provide that land of a specified description does not form part of the no-smoking area outside a hospital building for the purposes of this Part.
  • (5) Regulations under subsection (4) may modify the application of section 4C as the Scottish Ministers consider appropriate.

Free eye examinations and sight tests

Arrangements for provision of general dental services

Assistance and support: general dental services

Disqualification by the NHS Tribunal

Corresponding provision in England or Wales or Northern Ireland

Independent health care services

Implementation of certain decisions under the 2001 Act

Frequency of inspection of care services under the 2001 Act

Amendment of Public Health (Scotland) Act 1897: appeal against certain orders etc.

Health and Medicines Act 1988 (c. 49)

National Health Service (Primary Care) Act 1997 (c. 46)

Police Act 1997 (c. 50)

The Scottish Public Services Ombudsman Act 2002 (asp 11)

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