Statutory Instruments
2007 No. 764
public health, england and wales
The Smoke-free (Penalties and Discounted Amounts) Regulations 2007
Made
7th March 2007
Coming into force
In Wales
2nd April 2007
In England
1st July 2007
The Secretary of State for Health, in exercise of the powers conferred by sections 6(8), 7(6), 8(7) and 79(3) of, and paragraphs 5 and 8 of Schedule 1 to, the Health Act 2006( 1 ) makes the following Regulations, a draft of which was laid before Parliament in accordance with section 79(4) of that Act and approved by a resolution of each House of Parliament:—
Citation, extent, commencement and interpretation
1. —(1) These Regulations may be cited as the Smoke-free (Penalties and Discounted Amounts) Regulations 2007.
(2) These Regulations extend to England and Wales.
(3) These Regulations come into force in England on 1st July 2007 and in Wales on 2nd April 2007.
(4) In these Regulations—
“level” means a level on the standard scale;
“Schedule 1” means Schedule 1 to the Health Act 2006 ; and
“section” means a section of that Act.
Penalties and discounted amounts
2. —(1) Level 3 is specified for the purposes of section 6(8) (no-smoking sign offences).
(2) Level 1 is specified for the purposes of section 7(6) (offence of smoking in a smoke-free place).
(3) Level 4 is specified for the purposes of section 8(7) (offence of failing to prevent smoking in a smoke-free place).
(4) In respect of an offence alleged under section 6(5)—
(a) the amount of the penalty specified for the purposes of paragraph 5 of Schedule 1 is £200;
(b) the discounted amount specified for the purposes of paragraph 8 of Schedule 1 is £150.
(5) In respect of an offence alleged under section 7(2)—
(a) the amount of the penalty specified for the purposes of paragraph 5 of Schedule 1 is £50;
(b) the discounted amount specified for the purposes of paragraph 8 of Schedule 1 is £30.
Signed by authority of the Secretary of State for Health
Caroline Flint
Minister of State,
Department of Health
7th March 2007