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THE SMOKING, HEALTH AND SOCIAL CARE (SCOTLAND) ACT 2005 (PROHIBITION OF SMOKING IN CERTAIN PREMISES) REGULATIONS 2005: DRAFT

Dear Sir/Madam

THE SMOKING, HEALTH AND SOCIAL CARE (SCOTLAND) ACT 2005 (PROHIBITION OF SMOKING IN CERTAIN PREMISES) REGULATIONS 2005: DRAFT

I am writing to invite comments on proposals for regulations under powers contained in The Smoking, Health and Social Care (Scotland) Bill 2005, which is currently before the Scottish Parliament, and the Regulatory Impact Assessment of this legislation. Responses are requested by Thursday 26 May, at the latest, although earlier responses would be helpful.

Background

The issue of smoking in public places was subject to extensive public consultation from June to September last year. Following consideration of the findings of the consultation and other evidence gathered on the health effects of passive smoking and the health and economic impact of regulation on smoking in public places, Ministers introduced the Smoking, Health and Social Care (Scotland) Bill in December 2004. The Bill and its progress through Parliament can be viewed at http://www.scottish.parliament.uk/business/bills/billsInProgress/smokehealthcare.htm

The Bill contains measures to prohibit smoking in certain wholly enclosed public places, and indicates that detailed provisions, including exemptions, will be prescribed through regulations. The First Minister stated that the scope of the ban was intended to be comprehensive, although it was recognised that there would be a need for some very specific exemptions for places where people reside or where there are clearly established humanitarian or practical considerations.

These twin principles of comprehensive scope and limited exemptions continue to underpin Ministers’ approach and have informed the drafting of the regulations, on which your comments are now invited. We have also undertaken a Regulatory Impact Assessment (RIA) to assess the likely impact of the proposed legislation, which is also attached. Your comments are also invited on this.

The regulations, RIA and consultation process

The following documents are attached:

Annex A: Draft regulations
Annex B: This explains the effect of the provisions of the regulations and seeks views on a number of specific issues
Annex C: Regulatory Impact Assessment (RIA)
Annex D: Respondent Information Form (to be completed by all respondents)
Annex E: Scottish Executive Consultation Policy
Annex F: List of consultees

Responding to this consultation

We are inviting written responses to this consultation paper by Thursday 26 May, although early responses would be helpful. Annex B poses questions about specific matters on which we are seeking the views of consultees. This does not, however, preclude consultees from commenting on any other aspects of the proposals, or the RIA (Annex C). We would be grateful if respondents could clearly indicate in their responses the questions or parts of the consultation paper to which they are responding, as this will aid our analysis of the responses received.

Please send your response to :

John.glen@scotland.gsi.gov.uk
or
John Glen
Scottish Exective Health Department
Tobacco Control Division
3 E(R)
St Andrew’s House
Regent Road
EDINBURGH
EH1 3DG

If you wish to access this consultation online, go to www.scotland.gov.uk/smokingregulations

You can telephone Freephone 0800 77 1234 to find out where your nearest public internet access point is, if you prefer to submit your response by e-mail.

Handling your response

We need to know how you wish your response to be handled and, in particular, whether you are happy for your response to be made public. Please complete and return the Respondent Information Form at Annex D as this will ensure that we treat your response appropriately. If you ask for your response not to be published we will regard it as confidential, and we will treat it accordingly.

All respondents should be aware that the Scottish Executive are subject to the provisions of the Freedom of Information (Scotland) Act 2002 and would therefore have to consider any request made to it under the Act for information relating to responses made to this consultation exercise.

Next steps in the process

Where respondents have given permission for their response to be made public, these will be made available to the public in the Scottish Executive Library by Thursday 23 June and on the Scottish Executive consultation web-site by Thursday 30 June. We will check all responses where agreement to publish has been given for any potentially defamatory material before logging them in the library or placing them on the website. Annex E contains additional information about Scottish Executive consultation policy, including about access to consultation responses.

What happens next

Ministers and officials will give careful consideration to all comments before finalising the regulations and laying them before Parliament in due course. Comments will also inform Parliament as it considers and debates the Smoking, Health and Social Care (Scotland) Bill in the next few months. Subject to the outcome of the parliamentary process, the legislation will come into effect in Spring 2006.

Comments and complaints

If you have any comment about how this consultation exercise has been conducted, or if you have any other queries, please contact John Glen at the above address or call 0131 244 5660.

Yours sincerely

SARAH DAVIDSON

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