Smoking, Health and Social Care (Scotland) Act 2005

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 established that, from 26 March 2006, it would be an offence to smoke in any wholly or substantially enclosed public space in Scotland, with a small number of exceptions, such as prisons, care homes and police interview rooms. Private member clubs were not exempted. Hotel rooms could be designated by the proprietors as smoking rooms, but they were under no obligation to do so, and if they did not, the Act applied 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 the ban came into force on 26 March 2006, it 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 13 June 2006, after being advised that it 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 ends. Phone calls 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 has 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.

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

Text of the Smoking, Health and Social Care (Scotland) Act 2005 as in force today (including any amendments) within the United Kingdom, from the UK Statute Law Database

United Kingdom legislation

Pre-Parliamentary legislation	List of English statutes Charter of Liberties Magna Carta

Acts of Parliament by states preceding the Kingdom of Great Britain	Acts of the Parliament of England to 1483 1485–1601 1603–1641 Interregnum (1642–1660) 1660–1699 1700–1706 Acts of the Parliament of Scotland Acts of the Parliament of Ireland to 1700 1701–1800

Acts of Parliament of the Kingdom of Great Britain	1707–1719 1720–1739 1740–1759 1760–1779 1780–1800

Acts of Parliament of the United Kingdom of Great Britain and Ireland and the United Kingdom of Great Britain and Northern Ireland	1801–1819 1820–1839 1840–1859 1860–1879 1880–1899 1900–1919 1920–1939 1940–1959 1960–1979 1980–1999 2000 to date Halsbury's Statutes UK Statute Law Database Short titles

Church of England measures	List Church of England Assembly (Powers) Act 1919

Legislation of devolved institutions	Acts of the Scottish Parliament Acts and Measures of the National Assembly for Wales Acts of the Northern Ireland Assembly Acts of the Parliament of Northern Ireland Orders in Council for Northern Ireland

Orders-in-Council	Order in Council

Secondary legislation	United Kingdom Statutory Instruments Scottish Statutory Instruments Act of Sederunt, Act of Adjournal

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Smoking, Health and Social Care (Scotland) Act 2005

See also

External links