Restriction on
Smoking (Workplaces) (Jersey) Regulations 2006
Made 21st November 2006
Coming into force 4
a.m. on 2nd January 2007
THE STATES, in pursuance of Articles 1, 1AA, 1AB, 1C, 1D, 1G and 2 of the
Restriction on Smoking (Jersey) Law 1973[1], have made the following
Regulations –
1 Interpretation
In these Regulations, unless the context
otherwise requires –
“1994 Law” means the
Nursing and Residential Homes (Jersey) Law 1994[2];
“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[3] or the 1967 Law[4], 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[5] 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[6];
“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).
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
residential care home within the meaning of the 1994 Law;
(d) a
hospice;
(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.
(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 4 on the
standard scale.
(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 Definition
of workplace in principal Law amended
In Article A1 of the principal Law, in the definition
“workplace” –
(a) after
paragraph (c), there shall be inserted the following paragraph –
“(ca) aircraft in which a person carries out
his or her work and is required to be for the purpose of carrying out his or
her work;”;
(b) in
paragraph (e), for the words “public transport vehicle” there shall
be substituted the words “public service vehicle”.
14 Definitions
in principal Law amended
In Article A1 of the principal Law –
(a) after
the definition “advertisement”, there shall be inserted the
following definition –
“ ‘aircraft’
means any aeroplane or helicopter that is –
(a) on the ground in Jersey; or
(b) flying to or from Jersey in the airspace
above Jersey and the territorial sea adjacent to Jersey;”;
(b) after
the definition “club”, there shall be inserted the following
definition –
“ ‘dwelling’
means any place (whether it is premises or otherwise) in which a person resides
that is the private residence of that person and includes, in relation to that
place, any –
(a) garden and yard; and
(b) garage and outhouse,
but in the case of a dwelling
that is located within a workplace (or a part of a workplace), does not include
any area, garden, yard, garage or outhouse used in common with the workplace
(or part);”;
(c) after
the definition “public” there shall be inserted the following
definition –
“ ‘public
service vehicle’ means a public service vehicle within the meaning of the
Motor Traffic (Jersey) Law 1935 that is within a class specified in Article
5(1) of that Law;”;
(d) the
definition “public transport vehicle” shall be deleted;
(e) after
the definition “self-employed person” there shall be inserted the
following definition –
“ ‘ship or
vessel’ means –
(a) a Jersey ship within the meaning of Article
2 of the Shipping (Jersey) Law 2002 that is –
(i) within
the territorial sea adjacent to Jersey, or
(ii) in
a harbour, port or other place in Jersey; or
(b) any ship, vessel or boat of any description
that is used in navigation, to which paragraph (a) does not apply, that
is –
(i) wholly
owned by a person ordinarily resident in Jersey or by a company incorporated in
Jersey,
(ii) not
registered under the law of the United Kingdom, any of the other Channel
Islands, the Isle of Man or any other country outside Jersey, and
(iii) within
the territorial sea adjacent to Jersey or in a harbour, port or other place in
Jersey;”;
(f) in
the definition “smoking”, in paragraph (c), after the words
“that is not tobacco”, in both places where they appear, there
shall be inserted the words “nor anything customarily used as
incense”.
15 Revocation
The Restriction on Smoking (Public Transport) (Jersey) Regulations
1982[7] shall be revoked.
16 Citation
and commencement
These Regulations may be cited as the Restriction on Smoking
(Workplaces) (Jersey) Regulations 2006 and shall come into force at 4 a.m.
on 2nd January 2007.
m.n. de la haye
Greffier of the States