Smoking, Health and Social Care (Scotland) Act 2005
The Act established that, from 26 March 2006, it would be 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 were not exempted. Hotel rooms could be designated by the proprietors as smoking rooms, but they were under no obligation to do so, and if they did not, the Act applied to them as any other space.
Since the ban came into force on 26 March 2006, it has been largely accepted by the vast majority of the Scottish public. 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 13 June 2006, after being advised that it 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 ends. Phone calls to Smokeline (a smoking support line run by NHS Health Scotland) increased before and after the ban and smoking cessation services have reported that their number of clients has increased since the ban.
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.
- http://www.clearingtheairscotland.com/ Scottish Executive site about the ban
- Tobacco Information Scotland Portal which provides information on tobacco control in Scotland, includes a guide to Scotland's smoke-free legislation
- 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
- UK Legislation
- Text of the Smoking, Health and Social Care (Scotland) Act 2005 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk