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There was submitted a report by the Director of Community Resources relative to the Smoking Prohibition (Children in Motor Vehicles) (Scotland) Act 2016.
The report advised that the Act made it an offence for an adult to smoke within a motor vehicle in a public place whilst someone under the age of 18 was present. The legislation was an extension to the existing prohibition of smoking in public places in terms of the Smoking, Health and Social Care (Scotland) Act 2005. Details of the proposed enforcement approach to be adopted were provided together with details of exceptions to the prohibition and the level of fine applicable should the prohibition be broken.
The report also recommended an amendment to the Council’s Scheme of Delegation to authorise the Council’s Enforcement Officers to enable officers to implement the Smoking Prohibition (Children in Motor Vehicles) (Scotland) Act 2016.
DECIDED:
(a) That the commencement, on 5 December, 2016, of the Smoking Prohibition (Children in Motor Vehicles) (Scotland) Act 2016, be noted;
(b) That the enforcement options available to the Council’s authorised enforcement officers in enforcing the legislation, namely fixed penalty notices, be noted;
(c) That the intention to work with Police Scotland to ensure all fixed penalties were collated and reported as part of the regular Community Safety update reports be noted; and
(d) That an amendment to the Council’s Scheme of Scheme of Delegation, to authorise the Council’s Enforcement Officers to enforce the terms of the Smoking Prohibition (Children in Motor Vehicles) (Scotland) Act 2016, be approved. ND