Wide-ranging Act on the running of the NHS and protection of protecting public health including on smoking; only smoking-related provision, which was the key smokefree legislation, included below; below also includes the various amendments that have been subsequently made to the Act. See also Post-Legislative Assessment, Research Briefing, and Explanatory Notes for more info and background.
- Made 19 July 2006, UK wide minus Scotland; came into force 2 April 2007 in Wales and Northern Ireland and 1 July 2007 in England.
- Requires all indoor public places and workplaces, including work vehicles, to be smokefree.
- Covers all premises that are “wholly or substantially enclosed”, meaning areas with permanent walls and doors without gaps, and structures with an opening in the walls where the opening makes up less than half of the area of the total wall space.
- In practice this covers bars, pubs, nightclubs, restaurants, hospitals, government facilities, private offices, public areas of residential healthcare facilities, non-residential healthcare facilities, childcare facilities and pre-schools, primary and secondary schools, public areas of universities and vocational facilities, shops, cultural facilities, indoor stadiums and arenas, casinos, public areas of hotels and lodgings, public area of prisons and detention centres, public transport waiting areas, factories, and the common area of private dwellings.
- Requires smokefree places to display no-smoking signs; smoking in a smokefree area, failing to display a no-smoking sign, or failure to prohibit smoking on site, made a criminal offence.
- Requires a variety of transportation to be smokefree including all public transport, taxis, commercial aircraft, and commercial watercraft.
- For exemptions added and provisions on enclosed vehicles see The Smoke-free (Exemptions and Vehicles) Regulations 2007.
Defines “enclosed” and “substantially enclosed” smokefree premises as provided for in Health Act 2006 as above and gives detail on enforcement of smokefree legislation. See also Explanatory Memorandum for more information and background.
- Made 13 December 2006, England only; came into force July 2007.
- Defines “enclosed” premises as those with a ceiling or roof which are wholly enclosed, either permanently or temporarily, except for doors, windows, and passageways.
- Defines “substantially enclosed” premises as those which have a ceiling or roof but also have an opening in the walls or an aggregate area of openings in the walls.
- Sets out which authorities are designated to enforce rules, predominantly local authorities.
Gives details on exemptions for premises and vehicles, for smokefree legislation provided for in the Health Act 2006. See also Explanatory Memorandum for more information and background.
Made 7 March 2007, England only; came into force 1 July 2007, and 1 July 2008 for smoking in mental health units (including high security psychiatric hospitals).
Required enclosed vehicles and enclosed parts of vehicles to be smokefree if used for work or by the public – defines “enclosed” as whole or partial enclosure by roof or openable door or window.
Smoking in all enclosed public places is prohibited, with exemptions allowed for smoking in:
- private rooms that are not common spaces or workplaces used by non-dwellers within private accommodation.
- designated bedrooms in sleeping accommodation such as hotels.
- designated rooms for adults in care homes, hospices, and prisons.
- artistic performances when appropriate for artistic integrity.
- specialist tobacconists where tobacco products are being sampled.
- designated rooms in offshore installations such as oil rigs.
- designated rooms in research facilities testing tobacco products.
Sets out duties to prevent smoking in smokefree vehicles and defines the form of penalty notices as provided for by the Health Act 2006 as above. See also Explanatory Memorandum for more information and background.
- Made 7 March 2007, England only; came into force 1 July 2007.
- Assigns duty to prevent smoking in smokefree vehicles to the driver, the manager of the vehicle, or the person responsible for the safety of the vehicle.
- Regulation’s Schedules provide penalty notice forms for failing to display a no-smoking sign and for smoking in a smokefree vehicle.
Sets penalties for violation of smokefree legislation as laid out by 2006 Health Act. See Explanatory Memorandum for more information and background.
- Made 7 March 2007; England and Wales; came into force 2 April 2007 in Wales and 1 July 2007 in England (see Health Act 2006 above).
- Sets penalty for failing to put up no-smoking signs in smokefree premises at £200.
- Sets penalty for smoking in a smokefree place at £50.
- Made 11 June 2012, England only; came into force 1 October 2012.
- Requires at least one no-smoking sign to be displayed in any smokefree vehicle.
- Requires at least one No Smoking sign to be displayed in any smokefree premises.
Reforms services and increases protection for vulnerable children. Covers adoption, family justice, special educational needs, childcare, and child welfare; only latter, covering smoking, included here. See also Impact Assessment and Explanatory Notes for more information and background.
- Made 13 March 2014, England only.
- Amends Health Act 2006 to ban smoking in private vehicles carrying persons under age 18.
- Gives powers of enforcement.
Amends Smoke-free (Exemptions and Vehicles) Regulations 2007 to specify circumstances in which private vehicles should be smokefree and to cover enforcement. See also Impact Assessment and Explanatory Memorandum for more information and background.
- Made 12 February 2015, England only; came into force 1 October 2015.
- Private vehicles that are enclosed, have more than one person present, and where one of those present is under 18, must be smokefree.
- Stipulates powers of enforcement.
Amends The Smoke-free (Vehicle Operators and Penalty Notices) Regulations 2007 to extend duty to prevent smoking in smokefree vehicles and form of penalty notices to smoking in enclosed vehicles with children as set out by The Smoke-free (Private Vehicles) Regulations 2015. See also Explanatory Memorandum for more information and background.
- Made 26 March 2015, England only; came into force 1 October 2015.
- Extends duty to prevent smoking in smokefree vehicles to those with more than one person present and where one of those present is under 18.
- Regulation’s Schedules provide updated penalty notice forms for offences.
- Made 13 July 2016, UK wide; came into force 25 August 2016.
- Requires notices indicating when smoking is prohibited to be visible from each passenger seat.
- Bans smoking in an aircraft when no-smoking notices are shown, or announcements made.
Smokefree prisons in England and Wales
Following staged rollout starting in 2015, from 1 May 2018 smoking has been prohibited throughout the closed prison estate, and prisoners are only allowed to smoke in the open estate at designated times and in designated areas. See Ministry of Justice and HM Prisons and Probation Service Smoke Free Policy Framework, 27 January 2020.
- Came into force July 2020 to offer support to businesses during COVID-19; England only.
- Gives local authorities power and discretion to grant two types of pavement licenses to hospitality businesses in relation to smoking: those making some seating smokefree (national condition) or those making 100% of seating smokefree (allowing councils to go further).
- Several local authorities have since chosen to grant 100% smokefree pavement licenses.
Separate smokefree public places, workplaces, aircraft, and public transport legislation
- The Smoking (Northern Ireland) Order 2006
- The Smoking (2006 Order) (Commencement) Order (Northern Ireland) 2007
- The Smoke-free (Exemptions, Vehicles, Penalties and Discounted Amounts) Regulations (Northern Ireland) 2007
- The Smoke-free (Exemptions, Vehicles, Penalties and Discounted Amounts) (Amendment) Regulations (Northern Ireland) 2008
- The Smoke-free (Premises, Vehicle Operators and Penalty Notices) Regulations (Northern Ireland) 2007)
Separate smoking in vehicles with children legislation
- The Smoke-free (Premises, Vehicle Operators and Penalty Notices) Regulations (Northern Ireland) 2007
- Further legislation planned
- Public Health (Wales) Act 2017
- The Smoke-free Premises etc. (Wales) Regulations 2007
- The Smoke-free Premises etc. (Wales) (Amendment) Regulations 2015