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Smoking, Health and Social Care (Scotland) Act [S]

This Act aims to take action to improve the health of Scotland by introducing a comprehensive ban on smoking in public places, continuing the programme of NHS modernisation and improving health and care services, including provision for the introduction of free eye and dental checks. The Act introduces a range of measures to update legislation relating to the listing and disciplinary procedures for family health service practitioners.

Main Provisions of the Act

Part 1 - Provision for a ban on smoking in certain wholly enclosed places

Creating an offence of permitting others to smoke in and on no-smoking premises (section 1)

Creating an offence of smoking in no-smoking premises (section 2)

Creating an offence of failing to display warning notices in no-smoking premises (section 3)

Setting out the powers of enforcement officers to enter no-smoking premises

Creating an offence of failing without reasonable excuse to give one's name and address on request by an authorised officer

Part 2 - Provides for various matters concerning general dental services

Free oral health assessments and dental examinations

Free eye examinations and sight tests

Assistance and support in the provision of general dental services

Part 3 - Series of provisions regarding pharmaceutical care services

Part 4 - Provisions for strengthening the powers of the NHS Tribunal, extending its jurisdiction and giving effect to corresponding provision made in England, Wales or N. Ireland

Part 5 - Provisions for miscellaneous issues

Payments to certain persons infected with hepatitis C

Amendment of the Regulation of Care (Scotland) Act 2001

Registration of child care agencies and housing support services

Amendment of the Adults with Incapacity (Scotland) Act 2000

The ability of Scottish Ministers and health bodies to enter into joint ventures

The Scottish Hospital Endowments Research Trust

Part 6 - makes general provisions

For more information on the provisions in the Bill see the Policy Memorandum and Explanatory Notes.


16/12/04 Bill introduced to Scottish Parliament

Stage 1

17/12/04 Health Committee calls for evidence on general principles of Bill

Committee scrutiny of Bill:

Health Committee take oral evidence on Bill at their meetings on 22/02, 01/03, 08/03, 15/03, 22/03, 12/04, 19/04

Finance Committee 08/02, 01/03, 15/03

Subordinate legilsation Committee 22/03, 12/04

21/04/05 Health Committee publish Stage 1 report on Bill - visit related internal link for more information

28/04/05 Bill passed at Stage 1 - visit related internal link for more information

Stage 2

14/06/05 Bill passed at Stage 2 by Health Committee

Stage 3

30/06/05 Bill passed at Stage 3 by Parliament

Further information

Smoking, Health and Social Care (Scotland) Act
Smoking, Health and Social Care (Scotland) Act (policy memorandum)
Smoking, Health and Social Care (Scotland) Act (explanatory notes)