Legalize / United Kingdom / Wales / Act of Senedd Cymru

Public Health (Wales) Act 2017

Type Act of Senedd Cymru

Publication 2017-07-03

State In force

Jurisdiction Wales

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

PART 1 — OVERVIEW

Overview

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(1) This Part of the Act is an overview of the main provisions of the Act.

(2) Part 2 makes provision for a national strategy on tackling obesity.

(3) Part 3 relates to tobacco and nicotine products. It—

(a) makes provision restricting smoking in workplaces, public places, outdoor care settings for children, school grounds, hospital grounds and public playgrounds, and confers power on the Welsh Ministers to make regulations restricting smoking in other premises, and in vehicles;

(b) makes provision for there to be a register of retailers of tobacco and nicotine products in Wales;

(c) confers power on the Welsh Ministers to make regulations specifying offences for the purpose of the making of orders in respect of premises in Wales restricting the sale by retail of tobacco or nicotine products;

(d) makes it an offence for a person to hand over tobacco, cigarette papers or a nicotine product to someone aged under 18 who is not accompanied by an adult, where the tobacco (or the cigarette papers or nicotine product) is being delivered or collected under arrangements made in connection with its sale, and is not in a sealed and addressed package.

(4) Part 4 makes provision about licensing the performance in Wales of special procedures (as defined in section 57): see further overview of Part 4 at section 56.

(5) Part 5 makes it an offence for a person in Wales to perform, or to make arrangements to perform, an intimate piercing on a person under the age of 18; and defines the term “intimate piercing” by reference to certain body parts.

(6) Parts 3 to 5 also contain provision about enforcement, including about offences and powers of entry.

(7) Part 6 requires the Welsh Ministers to make regulations requiring public bodies to carry out health impact assessments.

(8) Part 7—

(a) requires each Local Health Board in Wales to prepare and publish an assessment of the need for pharmaceutical services in its area, and to have regard to it in considering applications for inclusion in its pharmaceutical list;

(b) confers power on the Welsh Ministers to make regulations about circumstances in which a Local Health Board may invite applications for inclusion in its pharmaceutical list, and may remove a person from its pharmaceutical list.

(9) Part 8 requires each local authority to prepare and publish a local toilets strategy which assesses the need for public toilets in its area and sets out steps that the authority proposes to take to meet that need.

(10) Part 8 also restates the existing statutory power for a local authority to provide toilets in its area.

(11) Part 9 makes provision about the use of fixed penalty receipts in respect of food hygiene rating offences.

(12) Part 9 also contains general provisions, including about offences committed by bodies corporate, partnerships and unincorporated associations; about powers to make regulations under the Act; and about the coming into force of the provisions of the Act.

PART 2 — OBESITY

National strategy on preventing and reducing obesity: publication and review

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(1) The Welsh Ministers must publish a national strategy on preventing obesity, and reducing obesity levels, in Wales.

(2) The strategy must—

(a) specify objectives the Welsh Ministers consider will, if achieved, contribute towards preventing obesity;

(b) specify objectives the Welsh Ministers consider will, if achieved, contribute towards reducing obesity levels;

(3) The Welsh Ministers must review the strategy—

(a) at the end of the period of three years beginning with the date of first publication of the strategy, and

(b) at the end of each subsequent period of three years.

(4) The Welsh Ministers may revise the strategy at any time.

(5) If the Welsh Ministers revise the strategy, they must publish the revised strategy as soon as it is reasonably practicable to do so.

(6) The Welsh Ministers must consult such persons as they consider appropriate—

(a) before they first publish the strategy, and

(b) subsequently, before each review under subsection (3).

Implementation of national strategy

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(1) The Welsh Ministers must take all reasonable steps to achieve the objectives specified in the most recently published strategy under section 2.

(2) Following each review of the strategy under section 2(3) the Welsh Ministers must publish a progress report.

(3) A progress report is a report on progress made in achieving objectives specified in the strategy.

PART 3 — TOBACCO AND NICOTINE PRODUCTS

CHAPTER 1 — SMOKING

Introduction

Smoking

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In this Chapter, references to smoking are to smoking tobacco or anything which contains tobacco, or to smoking any other substance; and 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.

Offences

Offence of smoking in smoke-free premises or vehicle

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(1) A person commits an offence if the person smokes—

(a) in smoke-free premises;

(b) in a smoke-free vehicle.

(2) For provision about smoke-free premises, see sections 7 to 14.

(3) For provision about smoke-free vehicles, see section 15.

(4) It is a defence for a person charged with an offence under this section to show that the person did not know, and could not reasonably have been expected to know, that the premises or vehicle concerned were smoke-free premises or a smoke-free vehicle.

(5) If a person charged with an offence under this section relies on the defence in subsection (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.

(6) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 1 on the standard scale.

Offence of failing to prevent smoking in smoke-free premises

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(1) A person who controls or is concerned in the management of premises which are smoke-free by virtue of section 7 (workplaces) or 8 (premises that are open to the public) must take reasonable steps to cause a person smoking there to stop smoking.

(2) A person who controls or is concerned in the management of premises within section 9(3) (registered day care premises) that are smoke free by virtue of section 9 must take reasonable steps to cause a person smoking there to stop smoking.

(3) A person registered to act as a child minder under Part 2 of the Children and Families (Wales) Measure 2010 (nawm 1) must take reasonable steps to cause a person smoking in premises within subsection (4) to stop smoking.

(4) Premises are within this subsection if—

(a) they form part of premises that are the usual place of residence of the registered person referred to in subsection (3), and

(b) they are smoke free by virtue of section 9.

(5) Regulations may provide for a duty corresponding to that mentioned in subsection (1) in relation to—

(a) premises which are smoke-free by virtue of section 10, 11 or 12,

(b) premises which are treated as smoke-free by virtue of section 13, or

to be imposed on a person, or description of person, specified in the regulations.

(6) A person who fails to comply with a duty in subsection (1), (2) or (3), or any corresponding duty in regulations under subsection (5), commits an offence.

(7) It is a defence for a person (“D”) charged with an offence under this section to show that D did not know, and could not reasonably have been expected to know, that the person in question was smoking.

(8) If a person charged with an offence under this section relies on the defence in subsection (7), 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.

(9) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Smoke-free premises

Workplaces

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(1) Premises in Wales are smoke-free for the purposes of this Chapter if they are workplaces.

(2) A “workplace” means premises that are—

(a) used as a place of work by more than one person (even if the persons who work there do so at different times, or only intermittently), or

(b) used as a place of work by no more than one person but where members of the public might attend for the purpose of seeking or receiving goods or services from the person working there (even if members of the public are not always present).

(3) If only part of the premises is used as a place of work, the premises are smoke-free by virtue of this section only to that extent.

(4) The premises are smoke-free by virtue of this section only in those areas that are enclosed or substantially enclosed.

(5) The premises are smoke-free by virtue of this section all the time (including when not used as a place of work), except that premises used to any extent as a dwelling, that are smoke-free by virtue of this section, are smoke-free only when used as a place of work.

(6) “Work”, in subsection (2), includes voluntary work.

(7) See section 16 for exemptions.

Premises that are open to the public

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(1) So far as they are not smoke-free by virtue of section 7 (workplaces), premises in Wales are smoke-free for the purposes of this Chapter if they are open to the public.

(2) Premises are open to the public for the purposes of this section if the public or a section of the public has access to them, whether by invitation or not, and whether on payment or not.

(3) If only part of the premises is open to the public, the premises are smoke-free by virtue of this section only to that extent.

(4) The premises are smoke-free by virtue of this section only in those areas that are enclosed or substantially enclosed.

(5) The premises are smoke-free by virtue of this section only when open to the public.

(6) See section 16 for exemptions.

Outdoor care settings for children

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(1) Outdoor care settings in Wales are smoke free for the purposes of this Chapter.

(2) Premises are an outdoor care setting so far as—

(a) they are not enclosed or substantially enclosed, and

(b) they are within subsection (3) or (4).

(3) Premises are within this subsection if—

(a) they are registered under Part 2 of the Children and Families (Wales) Measure 2010 (nawm 1) (the “2010 Measure”) as being premises at which a person is authorised to provide day care for children, or

(b) they form part of premises that are so registered.

(4) Premises are within this section if they form part of premises (the “domestic premises”) that are the usual place of residence of a person registered to act as a child minder under Part 2 of the 2010 Measure.

(5) An outdoor care setting within subsection (3) is smoke free by virtue of this section only when day care for children is being provided—

(a) in the outdoor care setting, or

(b) in premises registered under Part 2 of the 2010 Measure (whether or not enclosed or substantially enclosed) of which the outdoor care setting forms part.

(6) An outdoor care setting within subsection (4) is smoke free by virtue of this section only when—

(a) the child minder is acting as a child minder in the domestic premises (whether or not in a part of them that is enclosed or substantially enclosed) for at least one child, and

(b) that child or, as the case may be, at least one of those children is in the outdoor care setting.

(7) For the purposes of this section, references to providing day care and acting as a child minder have the same meaning as in the 2010 Measure.

(8) Premises are not to be treated as being within subsection (3) or (4) so far as they consist of the grounds of a school (for which see section 10 (school grounds)).

School grounds

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(1) Premises in Wales are smoke-free for the purposes of this Chapter so far as they consist of the grounds of a school.

(2) In the case of premises consisting of grounds that adjoin the school concerned, the premises are smoke-free by virtue of this section only when either or both of—

(a) the grounds, or any part of the grounds, or

(b) the school, or any part of it,

are being used for the purpose of education or childcare.

(3) In the case of premises consisting of grounds that do not adjoin the school concerned, the premises are smoke-free by virtue of this section only when the grounds, or any part of the grounds, are being used for the purpose of education or childcare.

(4) The grounds of a school, for the purposes of this section, are premises that—

(a) are used exclusively or mainly by the school, for purposes that include educational, sporting or recreational purposes, and

(b) are not enclosed or substantially enclosed.

(5) In the case of a school that provides residential accommodation to pupils, the person in charge of the school may designate any area in the grounds as being an area in which smoking is to be permitted, and to that extent the premises are to be treated as not being smoke-free for the purposes of this Chapter.

(6) Regulations may make provision—

(a) specifying conditions to be met before an area may be designated under subsection (5),

(b) requiring the keeping of records of designations, and

(7) Premises used to any extent as a dwelling are not smoke-free by virtue of this section.

Hospital grounds

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(1) Premises in Wales are smoke-free premises for the purposes of this Chapter so far as they consist of hospital grounds.

(2) The premises are smoke-free by virtue of this section at all times.

(3) The grounds of a hospital, for the purposes of this section, are premises that—

(a) adjoin the hospital, and

(b) are used or occupied by it, but

(4) The person in charge of a hospital may designate any area in the grounds as being an area in which smoking is to be permitted, and to that extent the premises are to be treated as not being smoke-free for the purposes of this Chapter.

(5) Regulations may make provision—

(a) specifying conditions to be met before an area may be designated under subsection (4),

(b) requiring the keeping of records of designations, and

(6) Premises consisting of an adult care home or of an adult hospice, or premises used to any extent as a dwelling, are not smoke-free by virtue of this section.

Public playgrounds

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(1) Premises in Wales are smoke-free premises for the purposes of this Chapter so far as they consist of a public playground.

(2) The premises are smoke-free—

(a) if the premises are within clearly marked boundaries, in the whole of the area within those boundaries;

(b) otherwise, only so far as within five metres of any item of playground equipment.

(3) The premises are smoke-free by virtue of this section at all times.

(4) Premises consist of a public playground for the purposes of this section if—

(a) they are designed or adapted for the use, by children, of one or more items of playground equipment,

(b) a local authority or community council, or a person acting by virtue of arrangements made with a local authority or community council, controls them or is to any extent engaged in their management or maintenance, or makes arrangements in respect of their control or management or maintenance,

(c) they are open to the public, for the purpose (or the primary purpose) of the provision of play facilities for children, and

(d) they are not enclosed or substantially enclosed.

Additional smoke-free premises

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(1) Regulations may provide for any place in Wales, or description of place in Wales, that is not smoke-free by virtue of sections 7 to 12 to be treated as smoke-free premises for the purposes of this Chapter.

(2) The place, or places falling within the description, need not be enclosed or substantially enclosed.

(3) The regulations may provide for a place or description of place to be treated as smoke-free premises only if the Welsh Ministers are satisfied that doing so is likely to contribute towards the promotion of the health of the people of Wales.

(4) The regulations may provide for such places, or places falling within the description, to be treated as smoke-free premises only—

(a) in specified circumstances,

(b) at specified times,

(d) in specified areas,

or any combination of these.

(5) The regulations may also provide for exemptions, including the imposition of specified conditions to be satisfied in order for an exemption to apply.

(6) The conditions that may be specified under subsection (5) may include a condition that the person in charge of the place, or place falling within the description, has designated, in accordance with the regulations, any areas in which smoking is to be permitted.

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