LANGUAGE
Last updated: March 4th 2019

Smoke Free Status of Indoor Public Places, Workplaces, and Public Transport

All indoor workplaces

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.

All indoor public places

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.

All public transport

100% Smoke Free
100% smoke free environment throughout 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.

Government facilities

100% Smoke Free
100% smoke free environment throughout 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.

Hospitals

100% Smoke Free
100% smoke free environment throughout 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.

Residential healthcare facilities - public areas

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.

Non-residential healthcare facilities

100% Smoke Free
100% smoke free environment throughout 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.

Childcare facilities/preschools

100% Smoke Free
100% smoke free environment throughout 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.

Primary and secondary schools

100% Smoke Free
100% smoke free environment throughout 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.

Universities/vocational facilities

100% Smoke Free
100% smoke free environment throughout 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.

Shops

100% Smoke Free
100% smoke free environment throughout 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.

Cultural facilities

100% Smoke Free
100% smoke free environment throughout 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.

Indoor stadium/arenas

100% Smoke Free
100% smoke free environment throughout 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.

Restaurants

100% Smoke Free
100% smoke free environment throughout 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.

Bars/pubs/nightclubs

100% Smoke Free
100% smoke free environment throughout 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.

Casinos

100% Smoke Free
100% smoke free environment throughout 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.

Hotels/lodging - public areas

100% Smoke Free
100% smoke free environment throughout 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.

Hotels/lodgings - guest rooms

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.”

Prisons/detention facilities - public areas

100% Smoke Free
100% smoke free environment throughout 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.

Trains, buses and other shared ground transportation other than taxis

100% Smoke Free
100% smoke free environment throughout 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.

Taxis (for-hire vehicle)

100% Smoke Free
100% smoke free environment throughout 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.

Commercial aircraft

100% Smoke Free
100% smoke free environment throughout 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.

Commercial watercraft

100% Smoke Free
100% smoke free environment throughout 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.

Public transport facilities (waiting areas for mass transit)

100% Smoke Free
100% smoke free environment throughout 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.

Private offices

100% Smoke Free
100% smoke free environment throughout 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.

Private vehicles in which children under the age of 18 are present

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in private vehicles when children under the age of 18 are present and the vehicle is in a public place.