Smoking, Health and Social Care (Scotland) Act 2005
Encyclopedia
The Smoking, Health and Social Care (Scotland) Act 2005 (asp 13) is an Act passed by the Scottish Parliament
in 2005, after being introduced by Scottish Executive
Health minister Andy Kerr.
The Act establishes that, from 26 March 2006, it is an offence to smoke
in any wholly or substantially enclosed public space in Scotland
, with a small number of exceptions, such as prison
s, care homes and police interview rooms. Private member club
s are not exempted. Hotel
rooms may be designated by the proprietors as smoking rooms, but they are under no obligation to do so, and if they do not, the Act applies to them as any other space.
It passed on 30 June 2005 with an 83 to 15 vote, with only the Scottish Conservative and Unionist Party
opposing, and received Royal Assent
on 5 August 2005.
Since coming into force on the 26 March, the ban 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 the 13 June 2006, after being advised that they 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 butts. Phonecalls 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 have increased since the ban.
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 in June 2006 for services to health care.
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.
UK Legislation
Scottish Parliament
The Scottish Parliament is the devolved national, unicameral legislature of Scotland, located in the Holyrood area of the capital, Edinburgh. The Parliament, informally referred to as "Holyrood", is a democratically elected body comprising 129 members known as Members of the Scottish Parliament...
in 2005, after being introduced by Scottish Executive
Scottish Executive
The Scottish Government is the executive arm of the devolved government of Scotland. It was established in 1999 as the Scottish Executive, from the extant Scottish Office, and the term Scottish Executive remains its legal name under the Scotland Act 1998...
Health minister Andy Kerr.
The Act establishes that, from 26 March 2006, it is an offence to smoke
Tobacco smoking
Tobacco smoking is the practice where tobacco is burned and the resulting smoke is inhaled. The practice may have begun as early as 5000–3000 BCE. Tobacco was introduced to Eurasia in the late 16th century where it followed common trade routes...
in any wholly or substantially enclosed public space in Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
, with a small number of exceptions, such as prison
Prison
A prison is a place in which people are physically confined and, usually, deprived of a range of personal freedoms. Imprisonment or incarceration is a legal penalty that may be imposed by the state for the commission of a crime...
s, care homes and police interview rooms. Private member club
Club
A club is an association of two or more people united by a common interest or goal. A service club, for example, exists for voluntary or charitable activities; there are clubs devoted to hobbies and sports, social activities clubs, political and religious clubs, and so forth.- History...
s are not exempted. Hotel
Hotel
A hotel is an establishment that provides paid lodging on a short-term basis. The provision of basic accommodation, in times past, consisting only of a room with a bed, a cupboard, a small table and a washstand has largely been replaced by rooms with modern facilities, including en-suite bathrooms...
rooms may be designated by the proprietors as smoking rooms, but they are under no obligation to do so, and if they do not, the Act applies to them as any other space.
It passed on 30 June 2005 with an 83 to 15 vote, with only the Scottish Conservative and Unionist Party
Conservative Party (UK)
The Conservative Party, formally the Conservative and Unionist Party, is a centre-right political party in the United Kingdom that adheres to the philosophies of conservatism and British unionism. It is the largest political party in the UK, and is currently the largest single party in the House...
opposing, and received Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
on 5 August 2005.
Since coming into force on the 26 March, the ban 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 the 13 June 2006, after being advised that they 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 butts. Phonecalls 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 have increased since the ban.
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 in June 2006 for services to health care.
Smoking in enclosed public spaces was later banned in England and Wales by the Health Act 2006
Health Act 2006
The Health Act 2006 is an Act of the Parliament of the United Kingdom. It provides for a number of administrative changes in the National Health Service.-Chapter 1 - Smoke-free premises, places and vehicles:...
, and in Northern Ireland by the Smoking (Northern Ireland) Order 2006.
External links
- http://www.clearingtheairscotland.com/ Scottish Executive site about the ban
- Tobacco Information Scotland Portal which provides information on tobacco control in Scotland, includes a guide to Scotland's smoke-free legislation
- ASH Scotland Voluntary organisation which lobbied for smoke-free legislation in Scotland and works to educate the people of Scotland about the dangers of tobacco
UK Legislation