Restriction on
Smoking (Workplaces) (Jersey) Regulations 2006
1 Interpretation
In these Regulations, unless the context
otherwise requires –
“1994 Law” means the Nursing Homes (Jersey)
Law 1994;
“ceiling” means a ceiling that is fixed or movable;
“Customs and Immigration premises” includes any place
for the time being occupied by officers of the Impôts;
“designated area” means an area designated in accordance
with Regulation 5(4);
“hospice” means premises that are used for the purpose
of providing palliative care to persons who suffer from an illness or disease
that is active, progressive and advanced in nature and who are no longer
curable by means of the administration of existing or available medical
treatments;
“occupier”, in relation to a workplace (or a part of a
workplace), means –
(a) if
the workplace (or part) is –
(i) premises (other
than premises referred to in sub-paragraph (ii) or (iii)) or a place, the
occupier of those premises or the place,
(ii) licensed
premises, the holder of the licence, or
(iii) premises
registered under the 1948 Law or the 1967 Law, the proprietor of
those premises;
(b) if
the workplace (or part) is a tent, the occupier of the tent;
(c) if
the workplace (or part) is a temporary structure or movable structure, the
occupier of the temporary structure or movable structure;
(d) if
the workplace (or part) is a ship or vessel, the owner or charterer of the ship
or vessel;
(e) if
the workplace is aircraft, the owner or charterer of the aircraft;
(f) if
the workplace (or part) is a vehicle (whether a motor vehicle or otherwise),
the owner of the vehicle; and
(g) if
the workplace is a public service vehicle, the person to whom the public
service vehicle licence has been granted in accordance with Article 9 of
the Motor Traffic (Jersey)
Law 1935 for that public service vehicle;
“police station” means a police station used by the
States of Jersey Police;
“principal Law” means the Restriction on Smoking
(Jersey) Law 1973;
“roof” means a roof that is fixed or movable;
“similar structures”, in relation to a wall or walls of
a workplace (or of a part of a workplace) includes railings, partitions,
windows and doors, gates or other means of access to and egress from the
workplace (or the part).[1]
2 Prohibition
on smoking in certain workplaces
(1) A person shall not
smoke in a workplace if –
(a) the
workplace is covered by a roof or ceiling; and
(b) more
than 50% of the perimeter of the workplace is made up of one or more walls and
similar structures (or either of them).
(2) In a workplace that is
divided into parts and any part of the workplace –
(a) is
covered by a roof or ceiling; and
(b) more
than 50% of the perimeter of the part is made up of one or more walls and
similar structures (or either of them),
a person shall not smoke in that part of the workplace.
3 Exemption
for dwelling
(1) Regulation 2(1)
shall not apply to a workplace to which that paragraph refers if the workplace
is a dwelling.
(2) Where in any workplace
to which Regulation 2(1) refers there is a part of the workplace that
is used as a dwelling, Regulation 2(1) shall not apply to that part of the
workplace.
(3) Regulation 2(2)
shall not apply to a part of a workplace to which that paragraph refers if the
part is a dwelling.
(4) Where in any part of a
workplace to which Regulation 2(2) refers there is another part that is
used as a dwelling, Regulation 2(2) shall not apply to that other part
that is used as a dwelling.
4 Exemption
for workplace of one person in certain circumstances
Regulation 2(1) shall not apply to a workplace to which that
paragraph refers if, at all times –
(a) it is a workplace in which
one person (whether that person is an employee, a self-employed person or a
volunteer) carries out his or her work;
(b) no other person carries
out work in that workplace (whether as an employee, a self-employed person or a
volunteer); and
(c) no member of the public
has access to the workplace.
5 Smoking
in certain workplaces
(1) This paragraph applies
to –
(a) a
cell in the States of Jersey Prison at La Moye;
(b) a
room in a police station or in any Customs and Immigration premises that is
used solely for the purpose of –
(i) detaining
persons, or
(ii) interviewing
persons;
(c) a
bedroom –
(i) in a
workplace that is registered under the 1948 Law if it has been
designated by the occupier of the workplace as a bedroom in which smoking is
permitted, or
(ii) in
a workplace that is not registered under the 1948 Law and in which the
occupier carries on a business that includes the provision, in the workplace,
of sleeping accommodation to the public if the bedroom has been designated by
the occupier as a bedroom in which smoking is permitted; and
(d) a
room that –
(i) is in a
laboratory of which the recognized activities include the conduct of scientific
education in relation to, or research on, smoking,
(ii) is
set apart exclusively for the testing of smoke,
(iii) has
been assigned, by the person having the management or control of the
laboratory, as a room in which smoking is permitted solely for scientific
purposes,
(iv) has a
ventilation system that does not ventilate into any other part of the
laboratory (except any other room that has been assigned under clause (iii)),
and
(v) has a notice on any
entrance to the room in which smoking is permitted stating that smoking is
permitted in the room solely for scientific purposes,
in respect of which Regulation 2 has effect.
(2) In a cell, room or
bedroom to which paragraph (1) applies, Regulation 2 shall not have
effect in respect of a person in the cell, room or bedroom except a person who
works in –
(a) the
workplace in which the part is located; or
(b) the
cell, room or bedroom,
whether as an employee, a self-employed person or a volunteer.
(3) This paragraph applies
to any part of a workplace that is –
(a) a
nursing home within the meaning of the 1994 Law;
(b) a
mental nursing home within the meaning of the 1994 Law;
(c) a
home consisting of a care home service within the meaning of paragraph 4 of Schedule 1 to the Regulation of Care (Jersey)
Law 2014;
(d)
(e) premises,
whether administered by the Minister or otherwise, in which persons are
receiving psychiatric treatment (including premises that provide, in
conjunction with, or subsequent to, that treatment, dwelling accommodation);
and
(f) a
workplace occupied by a charity and used for charitable purposes,
in respect of which Regulation 2 has effect.[2]
(4) In a part of a
workplace to which paragraph (3) applies –
(a) the
occupier may designate an area in that part in which, subject to sub-paragraph (b),
Regulation 2 shall not have effect; and
(b) in an
area that is designated under sub-paragraph (a), Regulation 2 shall
not have effect in respect of a person in that area except a person who works
in the workplace or part in which that area is located, whether as an employee,
a self-employed person or a volunteer.
(5) Where, in a workplace
or a part of a workplace in respect of which Regulation 2 has effect, a
room is provided for use as sleeping accommodation –
(a) for a
person who carries out his or her work in, at or on the workplace; and
(b) solely
for one person,
Regulation 2 shall not have effect in respect of the person
using that room as his or her sleeping accommodation if the room has been
designated by the occupier of the workplace as a room in which smoking is
permitted.
(6) Subject to paragraphs (7)
and (8), where –
(a) in a
theatre or indoor place of public entertainment in respect of which
Regulation 2 has effect, smoking by a person is required in a play or
other production; and
(b) the
smoking is an integral part of the play or production,
Regulation 2 shall not have effect in respect of the person who
is required to smoke and in respect of the stage on, or area in, which the
person’s performance takes place if the smoking occurs solely in the
course of the performance.
(7) Nothing in paragraph (6)
shall be construed as permitting smoking during rehearsals for the performance
concerned.
(8) Where smoking is to
take place in the course of a performance referred to in paragraph (6),
the occupier of the theatre or indoor place of public entertainment shall,
before the commencement of the performance, notify the audience that smoking
will take place on the stage or other area in the course of the performance.
(9) Subject to paragraph (10),
where –
(a) in a
workplace in respect of which Regulation 2 has effect in which recording
for film or television is carried out, smoking by a person is required for a
production that is to be recorded; and
(b) the
smoking is an integral part of the production being recorded in the workplace,
Regulation 2 shall not have effect in respect of the person who
is required to smoke, and in respect of the part of the workplace in which the
film or television recording of the performance is carried out if the smoking
occurs solely when the recording is being carried out.
(10) Nothing in paragraph (9)
shall be construed as permitting smoking during rehearsals for the recording
concerned.
6 Duty
of occupier to limit exposure to smoke
Where, in accordance with Regulation 5, smoking is
permitted –
(a) in an area of a workplace
specified in Regulation 5(1);
(b) in a designated area in
a workplace specified in Regulation 5(3);
(c) in a room specified in
Regulation 5(5);
(d) on a stage or in an
area specified in Regulation 5(6); or
(e) in a part of a
workplace, specified in Regulation 5(9), in which recording is carried
out,
the occupier of the workplace concerned shall take all reasonable
steps to ensure that any person who is in that workplace but is
not –
(i) in the area
referred to in paragraph (a);
(ii) in the designated
area referred to in paragraph (b);
(iii) in the room referred to
in paragraph (c);
(iv) on the stage or in the
area referred to in paragraph (d); or
(v) in the part referred to
in paragraph (e),
is not exposed to any smoke emanating from any area, designated
area, room, stage or, as the case may be, part referred to in paragraph (a),
(b), (c), (d) or, as the case may be, (e).
7 Duty
of occupier, manager and person in charge of workplace
(1) The occupier, manager
and person for the time being in charge of a workplace to which
Regulation 2(1) applies shall take all reasonable steps to ensure
compliance with Regulation 2(1) by any person in the workplace to the
extent that the latter person is required to so comply.
(2) The occupier, manager
and person for the time being in charge of a part of a workplace to which
Regulation 2(2) applies shall take all reasonable steps to ensure
compliance with Regulation 2(2) by any person in that part to the extent
that the latter person is required to so comply.
8 Requirement
to display notices
(1) This Regulation shall
apply to a workplace in respect of which Regulation 2(1) has effect, and
to a part of a workplace in respect of which to which Regulation 2(2) has
effect, that is –
(a) licensed
premises;
(b) premises
registered under the 1948 Law; and
(c) premises
registered under the 1967 Law.
(2) The occupier of a
workplace or part of a workplace to which this Regulation applies shall keep
displayed, at the main entrance to the workplace or part, a notice stating that
smoking is prohibited in that workplace or part.
9 Offences
and penalties
(1) A person who
contravenes –
(a) Regulation 2(1)
or (2); or
(b) Regulation 7(1)
or (2),
shall be guilty of an offence and liable to a fine of level 3 on the
standard scale.[3]
(2) A person who
contravenes Regulation 8(2) shall be guilty of an offence and liable to a
fine of level 3 on the standard scale.
10 Defences
(1) In proceedings for an
offence under Regulation 9 that relate to a contravention of
Regulation 7, it shall be a defence for the defendant to show that the
defendant or another person working in the workplace or part of the workplace
(whether as an employee, self-employed person or volunteer) –
(a) took
all reasonable steps to ensure compliance with Regulation 7; and
(b) could
not reasonably be expected to have known that the person was smoking in the
workplace or part.
(2) In proceedings for an
offence under Regulation 9 that relate to a contravention of
Regulation 7, it shall be a defence for the defendant to show that the
defendant or another person working in the workplace or part of the workplace
(whether as an employee, self-employed person or volunteer) –
(a) took
all reasonable steps to ensure compliance with Regulation 7; and
(b) when
the defendant or that other person working in the workplace or part became
aware that a person was smoking in the workplace or part, the defendant or that
other person working in the workplace or part –
(i) requested the
person who was smoking to stop smoking, and
(ii) informed
the person who was smoking that it is an offence to smoke in the workplace or
the part.
11 Liability of
person smoking to pay for food, beverage or service
Nothing in these Regulations shall be construed as affecting any
liability (whether arising under any enactment, contract or otherwise) of any
person to pay for any food, beverage, service or other thing supplied to or
ordered by that person (whether or not consumed (or partly consumed) or
supplied (or partly supplied)).
12 Extent of
exemption or restriction
Nothing in Regulation 3,
4 or 5 shall be construed as preventing the occupier of the workplace or part
of the workplace to which the provision applies from prohibiting smoking in the
workplace or part to which the exemption or restriction applies.
13 Citation
These Regulations may be cited as the Restriction on Smoking
(Workplaces) (Jersey) Regulations 2006.