TOBACCO CONTROL LAWS

Last updated: December 3, 2021

Enforcement Authorities

Authorized Agency
Jurisdiction
Duty to Enforce

Unitary authorities

Premises and vehicles within its jurisdiction other than those which fall within the jurisdiction of a port health authority
Yes
Analysis

The law gives unitary authorities investigation and enforcement powers, except where more than one enforcement authority is investigating the same person for an offense. In this case, enforcement functions may be transferred from one or more of those enforcement authorities to an enforcement authority that is carrying out any of those investigations; or any other enforcement authority, under arrangements made between the transferring and receiving authorities.

Law Source, Section
The Smoke-free (Premises and Enforcement) Regulations 2006 (S.I. 2006 No. 3368) Sec. 3
Smoke-free (Private Vehicles) Regulations 2015 (S.I. 2015 No. 286) Sec. 6

District councils so far as they are not unitary authorities

Premises and vehicles within its jurisdiction other than those which fall within the jurisdiction of a port health authority
Yes
Analysis

The law gives district councils investigation and enforcement powers, except where more than one enforcement authority is investigating the same person for an offense. In this case, enforcement functions may be transferred from one or more of those enforcement authorities to an enforcement authority that is carrying out any of those investigations; or any other enforcement authority, under arrangements made between the transferring and receiving authorities.

Law Source, Section
The Smoke-free (Premises and Enforcement) Regulations 2006 (S.I. 2006 No. 3368) Sec. 3
Smoke-free (Private Vehicles) Regulations 2015 (S.I. 2015 No. 286) Sec. 6

London borough councils

Premises and vehicles within its jurisdiction other than those which fall within the jurisdiction of a port health authority
Yes
Analysis

The law gives London borough councils investigation and enforcement powers, except where more than one enforcement authority is investigating the same person for an offense. In this case, enforcement functions may be transferred from one or more of those enforcement authorities to an enforcement authority that is carrying out any of those investigations; or any other enforcement authority, under arrangements made between the transferring and receiving authorities.

Law Source, Section
The Smoke-free (Premises and Enforcement) Regulations 2006 (S.I. 2006 No. 3368) Sec. 3
Smoke-free (Private Vehicles) Regulations 2015 (S.I. 2015 No. 286) Sec. 6

Port health authorities

Premises and vehicles that are within the district for which it is a port health authority
Yes
Analysis

The law gives port health authorities investigation and enforcement powers, except where more than one enforcement authority is investigating the same person for an offense. In this case, enforcement functions may be transferred from one or more of those enforcement authorities to an enforcement authority that is carrying out any of those investigations; or any other enforcement authority, under arrangements made between the transferring and receiving authorities.

Law Source, Section
The Smoke-free (Premises and Enforcement) Regulations 2006 (S.I. 2006 No. 3368) Sec. 3
Smoke-free (Private Vehicles) Regulations 2015 (S.I. 2015 No. 286) Sec. 6

The Common Council of the City of London

Premises and vehicles within its jurisdiction other than those which fall within the jurisdiction of a port health authority
Yes
Analysis

The law gives the Common Council of the City of London investigation and enforcement powers, except where more than one enforcement authority is investigating the same person for an offense. In this case, enforcement functions may be transferred from one or more of those enforcement authorities to an enforcement authority that is carrying out any of those investigations; or any other enforcement authority, under arrangements made between the transferring and receiving authorities.

Law Source, Section
The Smoke-free (Premises and Enforcement) Regulations 2006 (S.I. 2006 No. 3368) Sec. 3
Smoke-free (Private Vehicles) Regulations 2015 (S.I. 2015 No. 286) Sec. 6

The Sub-Treasurer of the Inner Temple and the Under Treasurer of the Middle Temple

Premises and vehicles within its jurisdiction other than those which fall within the jurisdiction of a port health authority
Yes
Analysis

The law gives the Sub-Treasurer of the Inner Temple and the Under Treasurer of the Middle Temple investigation and enforcement powers, except where more than one enforcement authority is investigating the same person for an offense. In this case, enforcement functions may be transferred from one or more of those enforcement authorities to an enforcement authority that is carrying out any of those investigations; or any other enforcement authority, under arrangements made between the transferring and receiving authorities.

Law Source, Section
The Smoke-free (Premises and Enforcement) Regulations 2006 (S.I. 2006 No. 3368) Sec. 3
Smoke-free (Private Vehicles) Regulations 2015 (S.I. 2015 No. 286) Sec. 6

The Council of the Isles of Scilly

Premises and vehicles within its jurisdiction other than those which fall within the jurisdiction of a port health authority
Yes
Analysis

The law gives the Council of the Isles of Scilly investigation and enforcement powers, except where more than one enforcement authority is investigating the same person for an offense. In this case, enforcement functions may be transferred from one or more of those enforcement authorities to enforcement authority that is carrying out any of those investigations; or any other enforcement authority, under arrangements made between the transferring and receiving authorities.

Law Source, Section
The Smoke-free (Premises and Enforcement) Regulations 2006 (S.I. 2006 No. 3368) Sec. 3
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United States of America

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