Part 1: An introduction to 'smokefree' law

Concern over the impact of so-called 'second-hand smoke' on the health of the public has been mounting in recent years. Parts of the United States were the first to respond by banning smoking in public places, followed by the Republic of Ireland, which introduced its own ban in March 2004 - the first in Europe.

Since then other countries have followed, including Scotland in March 2006, Wales and Northern Ireland in April of this year, and now England on 1 July 2007.

This feature looks mainly at the laws applying in England, but where appropriate will also highlight any important anomalies that might exist between different parts of Britain.

There are in fact five sets of smoke free regulations that apply in England. These are the Smoke-free (Premises and Enforcement) Regulations; the Smoke-free (Signs) Regulations; the Smoke-free (Exemptions and Vehicles) Regulations; the Smoke-free (Penalties and Discounted Amounts) Regulations and the Smoke-free (Vehicle Operators and Penalty Notices) Regulations.

The principle behind these regulations is to prohibit smoking in virtually all enclosed public places, workplaces and public and work vehicles. The idea is to protect employees and the public from the harmful effects of second-hand smoke.

Before we examine the main issues - such as what is meant by an enclosed space, what signs need to be displayed, and how the regulations apply to vehicles - it is worth making a few general points.

Firstly, smokefree laws apply to anything that can be smoked! This includes cigarettes, pipes, cigars and herbal cigarettes.

Secondly, penalties are not only imposed on those found smoking in a prohibited space, but also on those failing to prevent smoking in a smokefree place.

Individuals caught smoking face a fixed penalty notice of £50, or a maximum fine of £200 if prosecuted and convicted by a court. Failing to prevent smoking in a smokefree place could lead to a maximum fine of £2500 imposed on whoever manages or controls the smokefree premises or vehicle.

Penalties also apply for failing to display no-smoking signs - £200 imposed on managers of smokefree premises or vehicle, up to a maximum of £1000 if prosecuted in court.

Let's now look at how the regulations apply to premises...