Citation and commencement

1. This Order may be cited as the Smoking, Health and Social Care (Scotland) Act 2005 and the Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006 (Consequential Provisions) (Scotland) Order 2006 and comes into force on 15th May 2006.

Interpretation

2. In this Order—

“the 2005 Act” means the Smoking, Health and Social Care (Scotland) Act 2005;

“the 2006 Regulations” means the Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006;

“exempted voyage” means a voyage with—

outside Scotland, and includes part of such a voyage;

“ferry service” means a regular service the principal purpose of which is the transport of passengers or of passengers and goods;

“passenger”, means in relation to a ship, every person other than—

“passenger ship” means a ship which carries one or more passengers;

“United Kingdom ship” means a vessel which—

Application of the 2005 Act and the 2006 Regulations

3. —(1) In this article a “relevant ship” is a ship—

(a) to which section 85 of the Merchant Shipping Act 1995( 4 ) applies;

(b) which is being used—

(i) for the purposes of a ferry service,

(ii) as licensed premises within the meaning of section 147(1) of the Licensing (Scotland) Act 2005( 5 ),

(iii) as a passenger ship, or

(iv) primarily for the purpose of the sale or consumption of food or beverages;

(c) which, in the case of a ship other than a United Kingdom ship, is operating in Scotland; and

(d) which is not on an exempted voyage.

(2) The definition of “vehicle” in regulation 1(2) of the 2006 Regulations has effect as if it included a reference to a relevant ship, and the 2006 Regulations have effect accordingly.

(3) The following provisions of the 2005 Act have effect in relation to no-smoking premises which (by virtue of paragraph (2)) are a relevant ship—

(a) sections 1 and 2 (offences of permitting others to smoke and smoking in no-smoking premises);

(b) section 3(1), (2) and (4) (display of warning notices);

(c) section 4(1) (meaning of “smoke”);

(d) section 5 (proceedings for offences under sections 1 to 3);

(e) section 6 (fixed penalties);

(f) section 7 (powers to enter and require identification);

(g) section 8 (bodies corporate etc. );

(h) section 10 (Crown application); and

(i) paragraphs 1 to 3, 4(2) and (3), 5(1) and (3) and 6 to 11 of Schedule 1 (further provisions as to fixed penalties).

Offences committed on United Kingdom ships outside Scotland

4. If by virtue of article 3 an offence under Part 1 of the 2005 Act is committed on a United Kingdom ship outside Scotland—

(a) it may be treated as having been committed at any place in Scotland; and

(b) proceedings may be taken accordingly.