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Statutory Instrument 2006 No. 2957 (N.I.20)The Smoking (Northern Ireland) Order 2006(The document as of February, 2008) STATUTORY INSTRUMENTS2006 No. 2957 (N.I.20)NORTHERN IRELANDThe Smoking (Northern Ireland) Order 2006
Whereas a draft of this Order in Council has been approved by resolution of each House of Parliament: Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c.1) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:– Title and commencement 1.—(1) This Order may be cited as the Smoking (Northern Ireland) Order 2006. (2) Except as provided by paragraph (3), this Order comes into operation on such day or days as the Department may by order appoint. (3) The following provisions come into operation two months after the date on which this Order is made—
(b) Article 2; (c) Article 3(5); (d) Articles 4 to 6; (e) Article 7, so far as it authorises the making of regulations; (f) Article 9(2); (g) Article 11(3); (h) Articles 14 to 16; (i) paragraphs 4, 5, 8 and 17 of Schedule 1 (and Article 10(3) so far as relating to those paragraphs). Interpretation
(b) smoking includes being in possession of lit tobacco or of anything lit which contains tobacco, or being in possession of any other lit substance in a form in which it could be smoked. (3) In this Order—
(b) any structure or installation (whether movable or not); and (c) any tent;
(b) any ship or hovercraft in relation to which regulations could be made under section 85 of the Merchant Shipping Act 1995 (c. 21) (safety and health on ships), including that section as applied by any Order in Council under section 1(1)(h) of the Hovercraft Act 1968 (c. 59);
(4) The district of a district council which is bounded by or to seaward of the high-water mark of mean tides shall also include, for the purposes of this Order, the territorial waters of the United Kingdom which are outside that district adjacent to any place where that high-water mark is within or on the boundary of that district. Smoke-free premises 3.—(1) Premises are smoke-free if they are open to the public; but unless the premises also fall within paragraph (2), they are smoke-free only when open to the public. (2) Premises are smoke-free if they are used as a place of work—
(b) where members of the public might attend for the purpose of seeking or receiving goods or services from the person or persons working there (even if members of the public are not always present).
(3) If only part of the premises is open to the public or (as the case may be) used as a place of work mentioned in paragraph (2), the premises are smoke-free only to that extent.
(b) premises of a club registered under the Registration of Clubs (Northern Ireland) Order 1996 (NI 23). (4) But paragraph (3) does not prevent the exercise of that power so as to specify any area, within a specified description of premises mentioned in paragraph (3), where a person has his home, or is living whether permanently or temporarily.
(b) at specified times, (c) if specified conditions are satisfied, or any combination of those.
(b) at specified times, (c) if specified conditions are satisfied, (d) in specified areas, or any combination of those.
(b) for the circumstances in which they are to be smoke-free, (c) for them to be smoke-free only in specified areas, or except in specified areas, (d) for exemptions. No-smoking signs
(b) vehicles which are smoke-free by virtue of Article 6. (3) The signs must be displayed in accordance with any requirements contained in regulations.
(b) that he did not know, and could not reasonably have been expected to know, that no-smoking signs complying with the requirements of this Article were not being displayed in accordance with the requirements of this Article, or (c) that on other grounds it was reasonable for him not to comply with the duty. (7) If a person charged with an offence under paragraph (5) relies on a defence in paragraph (6), and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not. Offence of smoking in smoke-free place 8.—(1) In this Article, a "smoke-free place" means any of the following—
(b) a place, so far as it is smoke-free by virtue of Article 5, (c) a vehicle, so far as it is smoke-free by virtue of Article 6. (2) A person who smokes in a smoke-free place commits an offence.
(b) vehicles which are smoke-free by virtue of Article 6. (3) A person who fails to comply with the duty in paragraph (1), or any corresponding duty in regulations under paragraph (2), commits an offence.
(b) that he did not know, and could not reasonably have been expected to know, that the person in question was smoking, or (c) that on other grounds it was reasonable for him not to comply with the duty. (5) If a person charged with an offence under this Article relies on a defence in paragraph (4), and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not. Fixed penalties for offences under Articles 7 and 8 10.—(1) An authorised officer of a district council who has reason to believe that a person has committed an offence under Article 7(5) or 8(2) on premises, or in a place or vehicle, within the district of the council may give him a penalty notice in respect of the offence. (2) A penalty notice is a notice offering a person the opportunity to discharge any liability to conviction for the offence to which the notice relates by paying a penalty in accordance with this Order. (3) Schedule 1 makes further provision about fixed penalties. Enforcement by district councils 11.—(1) It is the duty of a district council to enforce, as respects premises, places and vehicles in its district, the provisions of this Order and regulations made under it. (2) In this Order, "authorised officer", in relation to a district council, means any person (whether or not an officer of the council) who is authorised by it in writing, either generally or specially, to act in matters arising under this Order. (3) If regulations so provide, no person is to be so authorised unless he has such qualifications as are specified in the regulations. (4) Schedule 2 makes provision about the powers of authorised officers. (5) The Department may make grants to district councils to defray expenditure incurred by them in exercising their functions under this Order. (6) Grants under paragraph (5) shall be of such amounts, and subject to such conditions, as the Department may, with the approval of the Department of Finance and Personnel, determine. Obstruction of officers 12.—(1) Any person who intentionally obstructs an authorised officer of a district council, acting in the exercise of his functions under this Order, commits an offence. (2) Any person who without reasonable cause fails to give to an authorised officer, acting in the exercise of his functions under this Order, any facilities, assistance or information which the authorised officer reasonably requires of him for the performance of those functions commits an offence. (3) A person commits an offence if, in purported compliance with any requirement of an authorised officer under paragraph (2)—
(b) he either knows that it is false or misleading or is reckless as to whether it is false or misleading.
(4) A person guilty of an offence under this Article is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(b) to be attributable to any neglect on his part, the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.
(b) to be attributable to any neglect on the part of such an officer or member, the officer or member as well as the association is guilty of the offence and liable to be proceeded against and punished accordingly.
(b) Schedule 4 to the Magistrates' Courts (Northern Ireland) Order 1981 (NI 26). (9) A fine imposed on a partnership on its conviction for an offence is to be paid out of the partnership assets. Sale of tobacco, etc. to young persons 14.The Department may by regulations amend—
(b) Article 5(1) and (2) of the Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991 (NI 25) (display of warning statements in retail premises and vending machines), so as to substitute for the age for the time being specified in each of those provisions such other age (not being an age lower than 16 years) as the Department considers appropriate. Regulations 15.—(1) Regulations under this Order may include such incidental, supplementary, consequential, transitory, transitional or saving provisions as the Department considers appropriate. (2) Subject to paragraph (3), regulations under this Order shall be subject to negative resolution. (3) Regulations under—
(b) paragraph 5 or 8 of Schedule 1, shall not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly. 1.A penalty notice must—
(b) give such particulars of the circumstances alleged to constitute it as are necessary for giving reasonable information about it. 2.—(1) A penalty notice must also state—
(b) the discounted amount and the period for its payment, (c) the consequences of not paying the penalty or the discounted amount before the end of the period mentioned in head (a) or (b), (d) the person to whom and the address at which payment may be made, (e) by what method payment may be made, (f) the person to whom and the address at which any representations relating to the notice may be made. (2) The person mentioned in sub-paragraph (1)(d) and (f) must be the district council on whose behalf the authorised officer was acting when he gave the notice.
(b) explain how that right may be exercised. 4.A penalty notice must be in a form specified in regulations. 5.The penalty is such amount as may be specified in regulations. 6.The period for payment of the penalty is the period of 29 days beginning with the day on which the notice is given. 7.—(1) A discounted amount is payable instead of the amount specified in regulations under paragraph 5 if payment is made before the end of the period for payment of the discounted amount. (2) That period is the period of 15 days beginning with the day on which the notice is given, unless the 15th day is not a working day. (3) If the 15th day is not a working day, that period is the period beginning with the day on which the notice is given and ending immediately after the first working day following the 15th day. (4) In this paragraph "working day" means any day which is not a Saturday, Sunday, Christmas Day, Good Friday or a day which is a bank holiday in Northern Ireland under the Banking and Financial Dealings Act 1971 (c.80). 8.The discounted amount is such amount as may be specified in regulations. 9.—(1) Proceedings for the offence in respect of which a penalty notice was given may not be brought before the end of the period for payment of the penalty. (2) Sub-paragraph (1) does not apply if the person to whom the notice was given has asked in accordance with paragraphs 14 and 15 to be tried for the alleged offence. 10.If the penalty is paid in accordance with the penalty notice before the end of the period for payment of the penalty, no proceedings for the offence may be brought and paragraph 14 does not apply. 11.If the discounted amount is paid in accordance with the penalty notice before the end of the period for payment of the discounted amount, no proceedings for the offence may be brought and paragraph 14 does not apply. 12.If proceedings have been brought pursuant to a request under paragraph 14, but then the penalty or discounted amount is paid as mentioned in paragraph 10 or 11 those proceedings may not be continued. 13.In any proceedings, a certificate is evidence of the facts which it states if it—
(b) states that payment of the penalty or discounted amount in pursuance of the notice was or was not received by a date specified in the certificate. 14.If the person to whom a penalty notice has been given asks to be tried for the alleged offence, proceedings may be brought against him.
(b) in the manner specified in the penalty notice. 16.—(1) This paragraph applies if a district council considers that a penalty notice which an authorised officer acting on its behalf has given to a person ought not to have been given.
(b) no proceedings may be brought or continued against that person for the offence in question. (4) The council must consider any representations made by or on behalf of the recipient of a fixed penalty notice and decide in all the circumstances whether to withdraw the notice. 17.—(1) A district council may use its fixed penalty receipts only for the purposes of—
(b) such other functions (if any) as are specified in regulations made by the Department. (2) A council shall supply the Department with such information relating to its use of its fixed penalty receipts as the Department may require.
(ii) if they are not so used before such time after their receipt as may be specified in the regulations; (b) make provision for accounting arrangements in respect of a council's fixed penalty receipts. (4) The provision that may be made under sub-paragraph (3)(a)(ii) includes (in particular) provision for the payment of sums to a person (including the Department) other than the council.
(b) such associations or bodies representative of officers of councils; and (c) such other persons or bodies, as the Department considers appropriate. 1.An authorised officer has the right to do any of the following, on production (if required) of his written authority—
(b) there carry out such inspections and examinations as he considers necessary for that purpose, (c) if he considers it necessary for that purpose, require the production of any substance or product, and inspect it, and take and retain samples of or extracts from it, (d) take possession of any substance or product on the premises, and retain it for as long as he considers necessary for that purpose, (e) require any person to give him such information, or afford him such facilities and assistance, as he considers necessary for that purpose. 2.An authorised officer may, if he considers it necessary for the purpose of the proper exercise of his functions under this Order, arrange for any substance, product, sample or extract mentioned in paragraph 1(c) or (d) to be analysed.
(b) of either or both of the matters mentioned in sub-paragraph (2). (2) The matters are—
(b) that an application for admission, or the giving of such notice, would defeat the object of the entry, or that the premises are unoccupied, or that the occupier is temporarily absent and it might defeat the object of the entry to await his return. (3) The lay magistrate may by warrant signed by him authorise any authorised officer to enter the premises, if need be by force. (This note is not part of the Order) This Order makes provision for the prohibition of smoking in certain premises, places and vehicles and for amending the minimum age of persons to whom tobacco may be sold. Explanatory Memorandum ISBN 0 11 080057 5 -- Back --
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