Smoking, Health and Social Care (Scotland) Act 2005 (asp 13)

(1) A person who, having the management or control of no-smoking premises, knowingly permits another to smoke there commits an offence. (2) A person accused of an offence under this section is to be regarded as having knowingly permitted another to smoke in no-smoking premises if that person ought to have known that the other person was smoking there. (3) It is a defence for an accused charged with an offence under this section to prove— (a) that the accused (or any employee or agent of the accused) took all reasonable precautions and exercised all due diligence not to commit the offence; or (b) that there were no lawful and reasonably practicable means by which the accused could prevent the other person from smoking in the no-smoking premises. (4) 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. Modifications etc. (not altering text) C1 S. 1 applied (15.5.2006) by Smoking, Health and Social Care (Scotland) Act 2005 and The Prohibition Of Smoking In Certain Premises (Scotland) Regulations 2006 (Consequential Provisions) (Scotland) Order 2006 (S.I. 2006/1115) , arts. 1 , 3 (with art. 4 ) Commencement Information I1 S. 1 in force at 26.3.2006 at 0600 hours by S.S.I. 2005/492 , art. 3(d)

(1) Regulations may make provision requiring every Health Board, in accordance with the regulations, to— (a) prepare a plan for the discharge of their duty under section 2CA(1); (b) keep a plan prepared under paragraph (a) under review; (c) prepare a revised plan; and (d) without prejudice to section 2CA(3), publish a plan so prepared or revised. (2) Regulations under subsection (1) may in particular make provision as to— (a) identification by a Health Board in any such plan prepared by them of— (i) what pharmaceutical care services they consider are necessary in order to discharge their duty under section 2CA(1); (ii) whether as respects their area there is convenient access (as regards location and opening hours) to pharmaceutical care services; and (iii) any under-provision of pharmaceutical care services as respects their area; (b) the period within which a plan is to be prepared and published; (c) consultation which a Health Board must undertake in relation to the preparation of a plan; (d) the duration of a plan; (e) the frequency with which a plan must be reviewed and revised by a Health Board; (f) the availability and accessibility of a plan to persons who are resident in a Health Board's area; and (g) such other matters as the Scottish Ministers consider appropriate. (3) Regulations making provision as to a matter referred to in subsection (2)(a) may provide that the matter is to be identified in accordance with such criteria as may be specified in directions given by the Scottish Ministers. ” . (3) In section 18 (duty of the Scottish Ministers), the words “, and of pharmaceutical services,” are repealed.