Smoking, Health and Social Care (Scotland) Act 2005

The Smoking, Health and Social Care (Scotland) Act 2005 (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 prisons, care homes and police interview rooms. Private member clubs 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. [http://www.clearingtheairscotland.com/latest/index.html/ 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 [http://www.healthscotland.com/ 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.

[http://www.ashscotland.org.uk/ 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.

ee also

* Smoking ban
* List of Acts of the Scottish Parliament

External links

* [http://www.opsi.gov.uk/legislation/scotland/acts2005/20050013.htm Text of Smoking, Health and Social Care (Scotland) Act 2005]
*http://www.clearingtheairscotland.com/ Scottish Executive site about the ban
* [http://www.tobaccoinscotland.org.uk/ Tobacco Information Scotland] Portal which provides information on tobacco control in Scotland, includes a guide to Scotland's smoke-free legislation
* [http://www.ashscotland.org.uk/ 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