§ ' .—(1) No person shall smoke in a public place except in a designated smoking area.
§ (2) References in this section to a public place are to an enclosed public place.
§ (3) For the purposes of this Section, "public place" includes (but is not limited to) so much of any place within the categories described in Part I of Schedule (Smoking in public places) as is enclosed while the place is open to the public but does not include the categories of places (in this Section called "exempt places") described in Part II of that Schedule.
§ (4) An enclosed work place shall be a public place for the purposes of this Section unless it is an exempt place.
§ (5) It shall be the duty of the occupier of any public place to take such steps as are reasonably necessary to ensure compliance with the requirements of subsection (1) above.
§ (5A) Subject to the requirements of the regulations, the occupier of any public place may designate part (but not the whole) of that place as an area (in this Act called a designated smoking area) where smoking is permitted.
§ (6) It is an offence for a person
- (a) to contravene subsection (1) above
- (b) to fail to discharge the duty to which he is subject by virtue of subsection (5)
- (c) to fail to comply with an order made by a court under subsection (10).
§ (7) A person guilty of an offence under paragraph (a) of subsection (6) above shall be liable on summary conviction to a fine of an amount not exceeding level 2 on the standard scale.
§ (8) A person guilty of an offence under paragraph (b) or (c) of subsection (6) above shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
1120§ (9) Where a person is convicted of an offence under paragraph (b) or (c) of subsection (6), then, if the contravention in respect of which he was convicted is continued after conviction he shall (subject to subsection (10)) be guilty of a further offence and liable in respect to a fine not exceeding £200 for each day on which the contravention is so continued.
§ (10) Where a person is convicted of an offence under subsection (5) in respect of any matters which appear to the court to be matters which it is in his power to remedy, the court may, in addition to or instead of imposing any punishment, order him, within such time as may be fixed by the order, to take such steps as may be specified in the order for remedying the said matters.
§ (11) The time fixed by an order under subsection (10) above may be extended or further extended by order of the court on an application made before the end of that time as originally fixed or as extended under this subsection, as the case may be.
§ (12) Nothing in this Section shall
- (a) require the occupier of any public place to designate smoking areas or otherwise prevent him from prohibiting smoking in all parts of a public place.
- (b) require the carrying out of any structural or similar works to any premises for the purposes of defining smoking and non-smoking areas.
§ (13) This Section shall bind the Crown.
§ (14) For the purposes of this Section, 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 door or passage ways) extending from the floor to the ceiling or roof.
§
(15) In this Section
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.
§ (16) This Section 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 appointed under this subsection for different purposes.
§ (17) This Section shall extend to Scotland and Northern Ireland.'.—[Sir George Young.]
§ Brought up, and read the First time.
§ Sir George YoungI beg to move, That the clause be read a Second time.