Smoking, Health and Social Care (Scotland) Act 2005

Last updated
Smoking, Health and Social Care (Scotland) Act 2005
Act of Parliament
Coat of Arms of the United Kingdom in Scotland (Variant 1).svg
Citation Asp 13
Territorial extentScotland
Dates
Royal assent 5 August 2005
Commencement 26 March 2006
Other legislation
Relates toHealth Act 2006
Text of the Smoking, Health and Social Care (Scotland) Act 2005 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Smoking, Health and Social Care (Scotland) Act 2005 (asp 13) is an Act of the Scottish Parliament passed in 2005, after being introduced by Scottish Executive Health minister Andy Kerr.

The Act established that, from 26 March 2006, it would be an offence to smoke in any wholly or substantially enclosed public space in Scotland, with a small number of exceptions, such as: prisons, care homes and police interview rooms. Private member clubs were not exempted. Hotel rooms could be designated by the proprietors as smoking rooms, but they were under no obligation to do so, and if they did not, the Act applied to them as any other space.

It passed on 30 June 2005 with an 83 to 15 vote, with only the Scottish Conservatives opposing, and received Royal Assent on 5 August 2005.

Since the ban came into force on 26 March 2006, it has been largely accepted by the vast majority of the Scottish public. Compliance rates have been high, and as of 14 June 2006, only one premises has been fined for permitting smoking, and that happened on the day the Act came into being. Additionally, the Swallow Group of hotels, who had launched a legal challenge to the legislation, formally abandoned their attempt on 13 June 2006, after being advised that it would not succeed.

Cigarette litter continues to be a problem outside premises; especially bars and restaurants, and Environmental Health Officers have become more proactive in fining people dropping cigarette ends. Phone calls to Smokeline (a smoking support line run by NHS Health Scotland) increased before and after the ban and smoking cessation services have reported that their number of clients has increased since the ban came into force.[ citation needed ]

ASH Scotland was one of the main campaigners for smoke-free legislation, and recognition of their role was confirmed when Maureen Moore (Chief Executive of ASH Scotland) received an OBE [ citation needed ] in June 2006 for services to healthcare.

Smoking in enclosed public spaces was later banned in England and Wales by the Health Act 2006, and in Northern Ireland by the Smoking (Northern Ireland) Order 2006.

See also

UK Legislation

Related Research Articles

Smoking ban

Smoking bans, or smoke-free laws, are public policies, including criminal laws and occupational safety and health regulations, that prohibit tobacco smoking in certain areas, usually in enclosed workplaces and other public spaces. Such policies are usually enacted to protect people from the negative health effects of passive smoking or second-hand smoke (SHS) exposure.

Action on Smoking and Health (ASH) is the name of a number of autonomous pressure groups (charities) that seek to publicize the risks associated with tobacco smoking and campaign for greater restrictions on cigarette and tobacco sales.

Smoking in Argentina

Smoking in Argentina accounts for 15% of total tobacco consumption in the americas. There are a number of smoking restrictions in place in different jurisdictions, and a nationwide governmental campaign against tobacco smoking and advertising. Since June 1, 2011 a smoking ban in all of Argentina prohibits smoking in workplaces, all public indoor areas, schools, hospitals, museums and libraries, theatres, and all public transport.

Smoking ban in England Legislation making smoking at work illegal.

A smoking ban in England, making it illegal to smoke in all enclosed work places in England, came into force on 1 July 2007 as a consequence of the Health Act 2006. Similar bans had already been introduced by the rest of the United Kingdom: in Scotland on 26 March 2006, Wales on 2 April 2007 and Northern Ireland on 30 April 2007.

The loi Évin is the French alcohol and tobacco policy law passed in 1991. It takes its name from Claude Évin, then Minister of Health, who proposed it to Parliament.

The Smoke Free Illinois Act is a comprehensive anti-smoking law that took effect in Illinois on January 1, 2008, and bans smoking inside most buildings and vehicles used by the general public, used as a place of employment, or owned by the government or other public body. It also requires "no-smoking" signs, bans smoking within 15 feet (4.6 m) of openings in the targeted buildings, and requires at least 75% of rooms in each hotel to be non-smoking. It replaced the more limited Illinois Clean Indoor Air Act.

Smoking in New Zealand

The use of tobacco for smoking in New Zealand has been subjected to government regulation for a number of decades. On 10 December 2004, New Zealand became the third country in the world to make all indoor workplaces including bars and restaurants smoke-free.

Smoking bans in private vehicles are enacted to protect passengers from secondhand smoke and to increase road traffic safety, e.g. by preventing the driver from being distracted by the act of smoking. Smoking bans in private vehicles are less common than bans extended to public transport or vehicles used during work, like trucks or police cars.

Smoking in China is prevalent, as the People's Republic of China is the world's largest consumer and producer of tobacco: there are 350 million Chinese smokers, and China produces 42% of the world's cigarettes. The China National Tobacco Corporation is by sales the largest single manufacturer of tobacco products in the world and boasts a monopoly in Mainland China generating between 7 and 10% of government revenue. Within the Chinese guanxi system, tobacco is still a ubiquitous gift acceptable on any occasion, particularly outside urban areas. Tobacco control legislation does exist, but public enforcement is rare to non-existent outside the most highly internationalized cities, such as Shanghai and Beijing. Furthermore, outside the largest cities in China, smoking is considered socially acceptable anywhere at any time, even if it is technically illegal.

Smoking in Singapore

Smoking in Singapore is subjected to restrictions enacted through various legislations such as the Smoking Act, which was first enacted in 1970.

Smoking in Canada

SmokinginCanada is banned in indoor public spaces, public transit facilities and workplaces, by all territories and provinces, and by the federal government. As of 2010, legislation banning smoking within each of these jurisdictions is mostly consistent, despite the separate development of legislation by each jurisdiction. Notable variations between the jurisdictions include: whether, and in what circumstances ventilated smoking rooms are permitted; whether, and up to what distance away from a building is smoking banned outside of a building; and, whether smoking is banned in private vehicles occupied by children.

Smoking in Ireland is banned fully in the general workplace, enclosed public places, restaurants, bars, education facilities, healthcare facilities and public transport. However, it is permitted in designated hotel rooms and there is no ban in residential care, prisons and in outdoor areas. Public opinion is in favour of the bans on smoking imposed in Ireland.

In the United Kingdom, smoking is legally permitted, with certain conditions set from laws enacted separately in England, Wales, Scotland and Northern Ireland. It is illegal to smoke tobacco in public places, such as restaurants, shops or pubs, under the Health Act 2006 for England and Wales, the Smoking Order 2006 for Northern Ireland and the Smoking, Health and Social Care (Scotland) Act 2005 for Scotland. It is also illegal to smoke in a car if one is transporting people under 18 or if a vehicle is being used for work purposes. Smoking is prevalent among a sizeable, but continuously reducing minority of the population. It has been argued that smoking puts considerable strain upon the NHS due to the health problems which can be directly linked with smoking. Successive UK Governments have endeavoured to reduce the prevalence of smoking. As part of this commitment, the NHS currently offers free help to smokers who want to quit.

Smoking in India has been known since at least 2000 BC when cannabis was smoked and is first mentioned in the Atharvaveda. Fumigation (dhupa) and fire offerings (homa) are prescribed in the Ayurveda for medical purposes and have been practiced for at least 3,000 years while smoking, dhumrapana (धूम्रपान), has been practiced for at least 2,000 years. Tobacco was introduced to India in the 17th century. It later merged with existing practices of smoking.

Cigarettes and Other Tobacco Products Act 2003 Indian legislation

The Cigarettes and Other Tobacco Products Act, 2003 or COTPA, 2003 is an Act of Parliament of India enacted in 2003 to prohibit advertisement of, and to provide for the regulation of trade and commerce in, and production, supply and distribution of cigarettes and other tobacco products in India.

The Oregon Indoor Clean Air Act, also known as the Smokefree Workplace Law, is a measure passed in 1981 by the US State of Oregon prohibiting smoking in public indoor places except in certain designated smoking areas. The objective is to protect non-smokers in confined areas from second-hand smoke. Beginning on January 1, 2016, the law was extended to cover "inhalant delivery systems" such as e-cigarettes.

Nationwide smoking ban order (Philippines)

Executive Order No. 26, entitled Providing for the Establishment of Smoke-Free Environments in Public and Enclosed Places, was issued by Philippine President Rodrigo Duterte on May 16, 2017. This executive order invoked the Clean Air Act of 1999 and the Tobacco Regulation Act of 2003 to impose a nationwide ban on smoking in all public places in the Philippines. The ban replicates on a national level an existing ordinance in Davao City that Duterte created as mayor in 2002. The order took effect on July 23, 2017, 60 days after its publication in a newspaper.