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Term --FCTC-Based Definition Scotland
Workplace View Definition

An area, permanent or temporary, in which a person performs duties of employment or work, regardless of whether the work is done for compensation or on a voluntary basis, and includes private offices, common areas and any other area which generally is used or frequented during the course of employment or work. (FCTC Art. 8 Guidelines para. 20)

Not Defined
No
Analysis

The law prohibits smoking in places used mainly as a “place of work” but does not define “place of work.” To clarify the scope of the ban and implement FCTC Art. 8 and the FCTC Art. 8 Guidelines, a definition of “place of work” should be provided in accordance with the definition of “workplace” in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Public Transport View Definition

Any vehicle used for the carriage of members of the public, usually for reward or commercial gain. (FCTC Art. 8 Guidelines para. 22)

Defined
Yes
Analysis

The definition of “public transport” covers any vehicles available to the public. Therefore, it aligns with the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Second Hand Smoke (or similar term) View Definition

The smoke emitted from the burning end of a cigarette or from other tobacco products usually in combination with the smoke exhaled by the smoker. (FCTC Art. 8 Guidelines para. 15)

Not Defined
No
Analysis

Although this term is not defined, a definition is not strictly necessary because the term is not used in the law. The law’s smoke free measures prohibit smoking in enumerated “no-smoking premises” rather than, for example, “no person shall be exposed to second hand smoke in public places.”

Not Applicable
Not Applicable
Smoking or Smoke View Definition

Being in possession or control of a lit tobacco product regardless of whether the smoke is being actively inhaled or exhaled. (FCTC Art. 8 Guidelines para. 17)

Defined
Yes
Analysis

The definition of “smoking” aligns with the FCTC Art. 8 Guidelines. Its scope is more comprehensive than the FCTC Art. 8 Guidelines’ definition because it includes any lit substance that can be smoked, even if it is not derived from tobacco.

Not Applicable
Not Applicable
Public Place View Definition

An area, permanent or temporary, that is accessible to the general public or for collective use by the general public regardless of ownership or right of access. (FCTC Art. 8 Guidelines para. 18)

Not Defined
No
Analysis

Although the term “public place” is not defined, a definition is not strictly needed to apply the smoke free provisions of the legislation because the law and regulations list places where smoking is allowed or prohibited. However, to implement the FCTC Art. 8 obligation to provide protection from second hand smoke in all parts of all indoor public places, a definition of “public place” should be provided in accordance with FCTC Art. 8 Guidelines para. 18.

Not Applicable
Not Applicable
Tobacco Product View Definition

Any product entirely or partly made of the leaf tobacco as a raw material which is manufactured to be used for smoking, sucking, chewing, or snuffing. (FCTC Art. 1(f))

Not Defined
No
Analysis

Technically, a definition of “tobacco products” is not necessary because the law does not prohibit smoking “tobacco products,” but rather prohibits “smoking tobacco or any substance or mixture which includes it or any other substance or mixture.” Therefore, the law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in this respect.

Not Applicable
Not Applicable
Indoor or Enclosed View Definition

Any space covered by a roof or enclosed by one or more walls or sides, regardless of the type of material used for the roof, walls or sides, and regardless of whether the structure is permanent or temporary. (FCTC Art. 8 Guidelines para. 19)

Defined
Yes
Analysis

The regulations provide a definition of “enclosed premises” and “substantially enclosed premises.” The law prohibits smoking in enumerated categories of places if they are either enclosed or substantially enclosed. Together, the definitions of “enclosed” and “substantially enclosed” provide less protection than intended by the FCTC Art. 8 Guidelines because they allow smoking in areas that are 50% or less enclosed, whereas the FCTC Art. 8 Guidelines call for 100% smoke free environments in areas with one or more walls or covered by a roof.

To fully align with the FCTC Art. 8 Guidelines, a definition of “indoor” or “enclosed” premises should be provided in accordance with the definition provided in the Guidelines.

Not Applicable
Not Applicable
Scotland
All indoor workplaces
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The 2005 Act authorizes regulations to prohibit smoking in indoor premises that are being used wholly or mainly as a place of work. While the 2006 Regulations prohibit smoking in an extensive list of places, the Regulations also provide a limited list of premises, all of which are workplaces for some, where smoking is permitted, including: residential accommodation; adult hospices, designated rooms in adult care homes, designated rooms in psychiatric hospitals and units; designated hotel rooms; designated detention or interview rooms; designated rooms in offshore installations; designated laboratory rooms; HM Submarines and ships of the Royal Fleet Auxiliary. Although most workplaces are smoke free, because of these limited exemptions, the regulatory status “Smoking is Restricted” is given rather than “100% Smoke Free.”

To ensure universal protection against tobacco exposure, the law should require all parts of all workplaces, including those of a residential nature, to be 100% smoke free. FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party.

Not Applicable
Not Applicable
All indoor public places
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The 2005 Act authorizes regulations that prohibit smoking in indoor premises to which the public has access. While the 2006 Regulations prohibit smoking in an extensive list of places, the Regulations also provide a limited list of public premises where smoking is permitted, including: designated rooms in adult care homes, adult hospices, and designated hotel rooms. Although most public places are smoke free, the regulatory status “Smoking is Restricted” is given rather than “100% Smoke Free”.

To ensure universal protection against tobacco exposure, the law should require all parts of all public places to be 100% smoke free. FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party.

Not Applicable
Not Applicable
All public transport
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The 2005 Act authorizes regulations that prohibit smoking in indoor premises to which the public has access. The 2006 Regulations prohibit smoking in enclosed public ground transportation vehicles and water transport. Smoking on aircraft is determined by the airlines, and in practice, major commercial airlines have prohibited smoking on aircraft since the 1990s. The Air Navigation Order 2009 prohibits smoking on commercial aircraft where no-smoking notices are displayed.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transport.

Not Applicable
Not Applicable
Government facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The 2005 Act authorized regulations to provide for smoke free public places and workplaces. Under the 2006 Regulations, smoking is prohibited in offices and other premises that are non-domestic premises in which one or more persons work. Because government facilities are workplaces and offices for some, government facilities are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to government facilities.

Not Applicable
Not Applicable
Private offices
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The 2005 Act authorizes regulations to prohibit smoking in indoor premises that are being used wholly or mainly as a place of work. While the 2006 Regulations prohibit smoking in an extensive list of places, the Regulations also provide a limited list of premises where smoking is permitted in designated areas. However, private offices are not among the exemptions listed. Thus, the law is interpreted as prohibiting smoking in indoor private offices. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to private offices.

Not Applicable
Not Applicable
Hospitals
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The 2005 Act authorized regulations to provide for smoke free public places, workplaces and healthcare facilities. Under the 2006 Regulations, smoking is prohibited in hospitals. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to hospitals.

Not Applicable
Not Applicable
Residential healthcare facilities - public areas
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The 2005 Act authorized regulations to provide for smoke free public places, workplaces and healthcare facilities, among other places. Under the 2006 Regulations, smoking is prohibited in hospitals (the definition of which broadly covers any institution for the reception and treatment of persons suffering from illness), hospices, psychiatric hospitals and units, and healthcare premises. However, the Regulations exempt adult care homes, designated rooms in adult hospices, and designated rooms in psychiatric hospitals and units from the smoking ban. Proprietors of these types of facilities may designate rooms for smoking, although they are not obliged to do so, and these rooms should be designed for the use of residents, not staff or visitors. Because designated smoking rooms for use by residents are permitted, the regulatory status of “Smoking is Restricted” is used rather than “100% Smoke Free”

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, because it does not provide for 100% indoor smoke free environments and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all parts of all indoor public places and workplaces be 100% smoke free, including adult hospices, adult care homes, and psychiatric hospitals and units.

Not Applicable
Not Applicable
Non-residential healthcare facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The 2005 Act authorized regulations to provide for smoke free public places, workplaces and healthcare facilities, among other places. Under the 2006 Regulations, smoking is prohibited in health premises, which are defined as “other premises which are not a hospital and which are suited for the purpose of providing medical, dental, pharmaceutical, ophthalmic or chiropody services to a non-resident person.” Therefore, non-residential healthcare facilities are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to non-residential healthcare facilities.

Not Applicable
Not Applicable
Childcare facilities/preschools
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The 2005 Act authorized regulations to provide for smoke free public places, workplaces and educational facilities, among other places. The 2006 Regulations prohibit smoking in crèches, day nurseries, day centres and other premises used for the day care of children, and educational institutions. Therefore, childcare facilities and preschools (outside the home) are smoke free.

However, the 2006 Regulations exempt residential accommodations from the smoking ban. Therefore, smoking is not prohibited in homes in which childcare givers visit. Guidance on Smoking Policies gives workers the right to write to all those who will be visited to ask them, and those who may be with them, not to smoke during the visit and ideally not to smoke for an hour or so before the visit is scheduled to take place. The FCTC Art. 8 Guidelines provide that careful consideration should be given to workplaces that are dwellings and workplaces that contain residential areas to ensure that workers are protected from tobacco smoke exposure.

Not Applicable
Not Applicable
Primary and secondary schools
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The 2005 Act authorized regulations to provide for smoke free public places, workplaces and educational facilities, among other places. The 2006 Regulations prohibit smoking in educational institution premises, which are defined under the Education (Scotland) Act 1980 and include primary and secondary schools. Therefore, primary and secondary schools are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to primary and secondary schools.

Not Applicable
Not Applicable
Universities/vocational facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The 2005 Act authorized regulations to provide for smoke free public places, workplaces and educational facilities, among other places. The 2006 Regulations prohibit smoking in educational institution premises. The definition of “educational institution” in the regulations includes institutions providing “higher education”, “further education”, “any other educational and vocational institution” and “school care accommodation service”. A “school care accommodation service,” as defined by the Regulation of Care (Scotland) 2001, is place of residential accommodation within or outside the school. Therefore, universities and vocational facilities, including residential accommodation, are smoke free.

Not Applicable
Not Applicable
Shops
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The 2005 Act authorized regulations to provide for smoke free public places and workplaces. The 2006 Regulations prohibit smoking in shops and shopping centers. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to shops.

Not Applicable
Not Applicable
Cultural facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The 2005 Act authorized regulations to provide for smoke free public places and workplaces. The 2006 regulations list prohibit smoking in the following cultural facilities: libraries, archives, museums, and galleries; cinemas, concert halls, theaters, and other premises used for the entertainment of the public; premises used as a broadcasting studio or film studio or for the recording of a performance; and conference centers, public halls, and exhibition halls. In addition, the 2006 Regulations prohibit smoking in workplaces, which would encompass all other types of cultural facilities. Therefore, cultural facilities are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to cultural facilities.

Not Applicable
Not Applicable
Indoor stadium/arenas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The 2005 Act authorized regulations to provide for smoke free public places and workplaces. The 2006 Regulations prohibit smoking in sports centers, the definition of which includes premises “used to engage in sports or to witness sports.” Therefore, indoor stadiums and arenas are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor stadiums and arenas.

Not Applicable
Not Applicable
Restaurants
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The 2005 Act authorized regulations to provide for smoke free public places and workplaces. The 2006 Regulations prohibit smoking in restaurants. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to restaurants.

Not Applicable
Not Applicable
Bars/pubs/nightclubs
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The 2005 Act authorized regulations to provide for smoke free public places and workplaces. The 2006 Regulations prohibit smoking in bars and public houses, dance halls and discotheques. Therefore, bars, pubs, and nightclubs are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to bars, pubs, and nightclubs.

Not Applicable
Not Applicable
Casinos
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The 2005 Act authorized regulations to provide for smoke free public places and workplaces. The 2006 Regulations prohibit smoking in casinos. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to casinos.

Not Applicable
Not Applicable
Hotels/lodging - public areas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The 2005 Act authorized regulations to provide for smoke free public places and workplaces. The 2006 Regulations prohibit smoking in hotels. Therefore, smoking is prohibited in the public areas of hotels and lodging. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of hotels.

Not Applicable
Not Applicable
Hotels/lodgings - guest rooms
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The 2005 Act authorized regulations to provide for smoke free public places and workplaces. The 2006 Regulations prohibit smoking in hotels but specifically exempt “designated hotel bedrooms.” The designated room must be clearly marked as a smoking room, be fully enclosed (except for doors and windows), and be separately ventilated.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% indoor smoke free environments and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all parts of all indoor public places and workplaces be 100% smoke free, including hotel guest rooms. FCTC Art. 8 Guidelines para. 24 provides that “Parties have a continuous obligation to remove any exemptions as soon as possible and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party.”

Not Applicable
Not Applicable
Prisons/detention facilities - public areas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Prisons are governed by the Prisons Scotland Act 1989 and the Prisons and Young Offenders Institutions (Scotland) Rules 2006. Section 31 of the Rules prohibits smoking in prisons except in designated cells and open air areas. Therefore, smoking is prohibited in indoor public areas of prisons. Therefore the law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of prisons.

Not Applicable
Not Applicable
Trains, buses and other shared ground transportation other than taxis
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The 2005 Act authorized regulations to provide for smoke free public places and workplaces. Pursuant to the 2005 Act, the 2006 Regulations prohibit smoking in public transportation vehicles. Therefore, trains, buses and other shared ground transportation are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to shared ground transportation.

Not Applicable
Not Applicable
Taxis (for-hire vehicle)
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The 2005 Act authorized regulations to provide for smoke free public places and workplaces. Pursuant to the Act, the 2006 regulations prohibit smoking in public transportation vehicles, the definition of which includes taxis and private hire car. Therefore, taxis and for-hire vehicles are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to taxis.

Not Applicable
Not Applicable
Commercial aircraft
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Commercial aircraft do not come within the scope of the smoke free legislation. However, smoking is banned by the airlines themselves and the Air Navigation Order 2009 prohibits smoking on commercial aircraft where no-smoking notices are displayed.

Although commercial aircraft are de facto smoke free due to airline policy, the law itself should prohibit smoking on commercial aircraft in order to align with FCTC Art. 8 and the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Commercial watercraft
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The 2005 Act authorized regulations to provide for smoke free public places and workplaces. Pursuant to the Act, the 2006 Regulations prohibit smoking on “public transportation vehicles,” the definition of which includes “any vessel, boat or hovercraft.” Therefore, smoking is prohibited on commercial watercraft.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial watercraft.

Not Applicable
Not Applicable
Public transport facilities (waiting areas for mass transit)
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The 2005 Act authorized regulations to provide for smoke free public places and workplaces. The 2006 Regulations prohibit smoking in airport passenger terminals and any other public transportation facilities. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transport facilities.

Not Applicable
Not Applicable
Scotland
Does the law require any outdoor or quasi-outdoor spaces to be smoke free or restrict smoking in any way?
Not Applicable
Not Applicable
Not Applicable
Scotland
Post signs
Yes
Yes
Analysis

Under the Smoking, Health and Social Care Act 2005, the person having management or control of the premises has a duty to display visible and legible signs stating smoking is prohibited and that it is an offense to smoke on such premises. The 2006 Regulations provide that no smoking notices shall be a minimum size of 230 mm by 160 mm and that the international “no smoking” symbol shall be at least 85 mm in diameter. The sign shall also display the name of the person to whom a complaint may be made but does not have to provide a phone number or another way to contact the person to whom the complaint may be made.

Section 4 of the 2006 Regulations provides that a violation of the duty to post signs is subject to a fine of £200, or £150 if the fine is paid within 15 days.

The legislation aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to penalties for the duty to post signs.

Not Applicable
Not Applicable
Remove ashtrays
Yes
Yes
Analysis

The law does not expressly impose a duty upon business owners, employers, and supervisors to remove ashtrays from the premises. However, the Enforcement Protocol states that “ashtrays and other such receptacles should not be present in no smoking premises”. Although it is mentioned in the Enforcement Protocol, which is not a legally binding document, the law would more closely align with FCTC Art. 8 and the FCTC Art. 8 Guidelines if the law itself explicitly mentioned the duty to remove ashtrays.

Not Applicable
Not Applicable
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
Yes
Yes
Analysis

Under the Smoking, Health and Social Care (Scotland) Act 2005, a person managing or having control of a no- smoking premises that knowingly permits a person to smoke there commits an offense. Section 4 of the 2006 Regulations provides that a violation of this duty is subject to a fine of £200, or £150 if the fine is paid within 15 days.

The legislation aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to penalties for a violation of the duty to enforce.

Not Applicable
Not Applicable
Not to smoke where prohibited
Yes
Yes
Analysis

The Smoking, Health and Social Care (Scotland) Act 2005 provides that a person who smokes in no-smoking premises commits an offense. Section 4 of the 2006 Regulations provides that a violation of this duty is subject to a fine of £50, or £30 if the fine is paid within 15 days.

The legislation aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to penalties for smokers.

Not Applicable
Not Applicable
Other
No
No
Not Applicable
Not Applicable
Scotland
Are sub-national jurisdictions permitted to have smoke-free laws?
No
No
Not Applicable
Not Applicable