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
| Jurisdiction | UK Non-devolved |
| Citation | SI 2006/1115 |
| Year | 2006 |
2006 No. 1115
CONSTITUTIONAL LAWDEVOLUTION, SCOTLANDHEALTH
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
Made 18th April 2006
Laid before Parliament 21th April 2006
Coming into force 15th May 2006
The Secretary of State makes the following Order in exercise of the powers conferred by sections 104, 112(1) and 113 of the Scotland Act 19981.
He considers it necessary or expedient to make this Order in consequence of provision made by the Smoking, Health and Social Care (Scotland) Act 20052and the Prohibition of Smoking in Certain Premises (Scotland) Regulations 20063.
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—
(a) a point of departure;
(b) a destination; or
(c) at least one port of call,
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—
(a) the master and the members of the crew or other persons employed or engaged in any capacity on board the ship on the business of that ship; and
(b) a child under one year of age;
“passenger ship” means a ship which carries one or more passengers;
“United Kingdom ship” means a vessel which—
(a) is registered in the United Kingdom; or
(b) is not registered under the law of any country but is wholly owned by persons each of whom is—
(i) a British citizen, a British overseas territories citizen or a British Overseas citizen; or
(ii) a body corporate which is established under the law of a part of the United Kingdom and has its principal place of business in the United Kingdom.
Application of the 2005 Act and the 2006 Regulations
3.—(1) In this article a “relevant ship” is a ship—
(a)
(a) to which section 85 of the Merchant Shipping Act 19954applies;
(b)
(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 20055,
(iii) as a passenger ship, or
(iv) primarily for the purpose of the sale or consumption of food or beverages;
(c)
(c) which, in the case of a ship other than a United Kingdom ship, is operating in Scotland; and
(d)
(d) which is not on an exempted voyage.
...
To continue reading
Request your trial