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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48162
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am currently implementing a Smokefree Workplace policy and

Resolved Question:

I am currently implementing a Smokefree Workplace policy and would like to confirm if I am referring to the correct legislation:
The Health Act 2006 and The Smokefree premises etc Regulations 2007 should this now be Health Act 2009 and Smokefree Regs etc 2015 ?
Also does this apply to Northern Ireland, Scotland and Wales ?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Expert:  Ben Jones replied 1 year ago.
Is this the first time a smoke free environment is being introduced at your workplace? Please can you also tell me where the workplace is exactly? Thank you
Customer: replied 1 year ago.

we are in the west midlands and the premises have always be smokefree with designated out side smoking areas for the very few people who smoke but we have never had an actual policy. With vaping being the smoking we wanted to make sure everyone know keeps its the same but if it was ever to be challenged we can at least refer back to our policy.

Customer: replied 1 year ago.

we are in the west midlands and the premises have always be smokefree with designated out side smoking areas for the very few people who smoke but we have never had an actual policy. With vaping being the new smoking we wanted to make sure everyone know keeps its the same but if it was ever to be challenged we can at least refer back to our policy.

Expert:  Ben Jones replied 1 year ago.
OK, thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
Thanks for your patience. Smoking in enclosed or substantially enclosed public places and workplaces in England is prohibited under section 7 of the Health Act 2006 and the following regulations: The Smoke-free (Premises and Enforcement) Regulations 2006The Smoke-free (Signs) Regulations 2012The Smoke-free (Exemptions and Vehicles) Regulations 2007The Smoke-free (Penalties and Discounted Amounts) Regulations 2007The Smoke-free (Vehicle Operators and Penalty Notices) Regulations 2007 For premises the first one will be the relevant one, so you need to refer to the Smoke-free (Premises and Enforcement) Regulations 2006. These have not changed so it is the HA 2006 and the 2006 Regulations that you must still refer to. In terms of other counties, The Smoke-free Premises etc. (Wales) Regulations 2007 brought the smoking ban into force in Wales. A similar ban came into force in Scotland on 26 March 2006 under Smoking, Health and Social Care (Scotland) Act 2005 and in Northern Ireland under The Smoking (Northern Ireland) Order 2006. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.