
1 

(1) These Regulations may be cited as the Smoke-free (Premises, Vehicle Operators and Penalty Notices) (Amendment) Regulations (Northern Ireland) 2021 and shall come into operation on 1st February 2022.
(2) In these Regulations “the 2007 Regulations” means the Smoke-free (Premises, Vehicle Operators and Penalty Notices) Regulations (Northern Ireland) 2007.
2 
The 2007 Regulations are amended in accordance with regulations 3 and 4.
3 
For regulation 3 (failing to prevent smoking in smoke-free vehicles) of the 2007 Regulations, substitute the following—“
3. 

(1) The persons set out in paragraphs (2) and (3) of this regulation are under a duty corresponding to that in Article 9(1) of the Order to cause any person who is smoking in a smoke-free vehicle to stop smoking.
(2) In respect of a vehicle that is smoke-free by virtue of regulation 12(1) of the Smoke-free (Exemptions, Vehicles, Penalties and Discounted Amounts) Regulations (Northern Ireland) 2007—
(a) a driver;
(b) any person with management responsibilities for the vehicle; and
(c) any person on a vehicle who is responsible for order or safety on it.
(3) In respect of a vehicle that is smoke-free by virtue of regulation 12(1A) of the Smoke-free (Exemptions, Vehicles, Penalties and Discounted Amounts) Regulations (Northern Ireland) 2007, the driver.”
4 

(1) In regulation 4(2) of the 2007 Regulations, for “the offence of smoking in a smoke-free place under Article 8 of the Order.” substitute—“
(a) the offence of smoking in a smoke-free place under Article 8 of the Order; and
(b) the offence of failing to prevent smoking in a vehicle under Article 9 of the Order, where the vehicle is smoke-free by virtue of regulation 12(1A) of the Smoke-free (Exemptions, Vehicles, Penalties and Discounted Amounts) Regulations (Northern Ireland) 2007.”
(2) For regulation 4(4) of the 2007 Regulations, substitute the following—“
(4) Nothing in this regulation or in Schedule 1 or 2 to these Regulations, shall prevent a district council or other enforcement authority from—
(a) using a notice in a size or design which differs from a specified form, provided that the content of the notice is not changed from that specified in the form (except as permitted by sub-paragraphs (b) to (d));
(b) including information or illustrations in a notice to assist a person to whom it is given (for example, information or illustrations on how payments can be made);
(c) including information in a notice to assist a district council or other enforcement authority in the performance of its functions under Articles 11(1) or 11(1C) of the Order (Enforcement) (for example, information to assist in its administrative procedures or data processing); or
(d) including coats of arms or logos in a notice.”
(3) In the 2007 Regulations—
(a) substitute the penalty notice form 1 in Schedule 1 with the penalty notice form 1 in Schedule 1 to these Regulations;
(b) substitute the penalty notice form 2 in Schedule 2 with the penalty notice form 2 in Schedule 2 to these Regulations.
Sealed with the Official Seal of the Department of Health on 6th December 2021.
Elizabeth Redmond
A senior officer of the
Department of Health

SCHEDULE 1
Regulation 4(3)(a)
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SCHEDULE 1
Regulation 4(1)
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SCHEDULE 2
Regulation 4(3)(b)
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SCHEDULE 2
Regulation 4(2)
”