Environmental Health

Smoking Legislation

The Smoking, Health and Social Care (Scotland) Act 2005 and the Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006 came into effect on 26 March 2006 at 6am.

The intention of the new law is to save lives and prevent disease caused by passive smoking. Passive smoke meaning the breathing in of other people’s tobacco smoke which is also known as second-hand smoke or Environmental Tobacco Smoke (ETS).

Smoking is no longer allowed in any workplace or public place which is ‘wholly or substantially enclosed’. In simple terms this means a public place, including workplace, which has a roof and walls on at least 50% of its perimeter.

Such is the comprehensive nature of the ban in public places that there are very few exemptions to the smoking ban and these are listed in Schedule 2 of the Regulations.

The legislation introduces new criminal offences for failing to comply with the law, and enforcement will lie with authorised officers within local authority Environmental Health Services. Environmental Health also has a role in ensuring that businesses and individuals have the information and advice they require to comply with the law.

South Ayrshire Environmental Health Service is committed to the support of businesses and individuals to achieve compliance.