Public Health Citation, commencement, expiry and interpretation 1 1 These Regulations may be cited as the Prohibition of Smoking Outside Hospital Buildings (Scotland) Regulations 2022 and come into force on 5 September 2022. 2 In these Regulations— “ the Act ” means the Smoking, Health and Social Care (Scotland) Act 2005, “ distance ” means as measured in a straight line on a horizontal plane, “ in clear font ” means using a typeface which does not incorporate italics, scrolls or swirls. 3 Regulation 7 expires at the end of 5 September 2023. No-smoking notices – hospital grounds: manner of display, form and content 2 1 Subject to paragraph (3), this regulation applies to a no-smoking notice which, by virtue of section 4C(1) of the Act (display of warning notices in hospital buildings and on hospital grounds), the Health Board for the area in which a hospital is situated must conspicuously display at every entrance to the hospital grounds. 2 The notice must— a be a minimum size of 1 metre by 1 metre, b display the international “no smoking” symbol consisting of a graphic description of a burning cigarette enclosed in a red circle with a red bar across it, at least 200 millimetres in diameter, c in clear font no smaller than 254 millimetres state— It is an offence to smoke or knowingly permit smoking in the no-smoking area outside a hospital building. No-smoking areas extend up to 15 metres around affected buildings and include all areas under canopies or other overhangs on those buildings. , d in clear font no smaller than 200 millimetres state— If you observe someone smoking in the no-smoking area a complaint may be made to a member of hospital staff. , e be displayed by the Health Board in such a manner that it is protected so far as reasonably practicable from tampering, damage, removal or concealment. 3 This regulation does not apply to land considered to be “hospital grounds” by virtue of regulation 5. No-smoking notices – hospital buildings: manner of display, form and content 3 1 This regulation applies to a no-smoking notice which, by virtue of section 4C(2) of the Act, the person having the management and control of a hospital building must conspicuously display at every entrance to the building. 2 The notice must— a be a minimum size of 297 millimetres by 420 millimetres, b display the international “no smoking” symbol consisting of a graphic description of a burning cigarette enclosed in a red circle with a red bar across it, at least 75 millimetres in diameter, c in clear font no smaller than 200 millimetres state— It is an offence to smoke or knowingly permit smoking in the no-smoking area outside a hospital building. The no-smoking area extends up to 15 metres around this building and includes all areas under any canopy or other overhang. , d in clear font no smaller than 150 millimetres state— If you observe someone smoking in the no-smoking area a complaint may be made to a member of hospital staff , e be displayed by the person having management or control of the building in such a manner that it is protected so far as reasonably practicable from tampering, damage, removal or concealment. No-smoking area outside a hospital building: distance of perimeter 4 1 The specified distance from a hospital building for the purpose of section 4D(1)(b) of the Act (meaning of “ no-smoking area outside a hospital building ” and related expressions) is 15 metres. 2 The distance specified in paragraph (1) is measured from the point where the external surface of the hospital building meets the ground and on the assumption that any door, window, or other means of ingress or egress to the building or vent is closed. 3 Where the hospital building has any awning, canopy, porch or other overhanging structure attached to it, the perimeter includes all of the land lying directly beneath that awning, canopy, porch or other overhanging structure irrespective of whether that area would otherwise fall within that 15 metre perimeter. Land to be considered “hospital grounds” 5 1 Where an entrance to a hospital building opens directly onto a path, any land forming part of that path and any other connected path up to a distance, in any direction, of up to— a 15 metres from the centre point of the entrance, or b if closer, the point where the path adjoins land that is not a path, is to be considered “ hospital grounds ” for the purposes of Part 1 of the Act, irrespective of whether it would otherwise be so considered by virtue of section 4D(3) of the Act. 2 Where land is to be considered hospital grounds by virtue only of paragraph (1), the Health Board for the area in which the hospital building is situated is not required by virtue of section 4C(1) to display a no-smoking notice at the entrance to the part of the hospital grounds determined in accordance with paragraph (1). 3 In this regulation, a “ path ” means a public footway, footpath or cycle track within the meaning given to those terms by section 151 of the Roads (Scotland) Act 1984 . Buildings that are not hospital buildings 6 1 Buildings of the following description are not hospital buildings for the purposes of Part 1 of the Act, that is buildings that are not— a used for the reception and treatment of persons suffering from illness, b a maternity home, c used for the reception and treatment of persons during convalescence or persons requiring medical rehabilitation, d used for providing dental treatment and maintained in connection with a dental school, e a clinic, dispensary or out-patient department maintained in connection with any building falling within sub-paragraphs (a) to (d), f used to provide a corridor, walkway or other link between buildings used for any of the purposes mentioned in sub-paragraphs (a) to (e). 2 In this regulation “ illness ” includes— a mental disorder within the meaning of section 328 (meaning of “ mental disorder ”) of the Mental Health (Care and Treatment) (Scotland) Act 2003 , and b any injury or disability requiring medical or dental treatment or nursing. Land not forming part of a no-smoking area 7 Land that— a is fenced off or otherwise separated by a fixed boundary from the remainder of the hospital grounds, b is only accessible from a hospital building, c is for use by patients only, and d is clearly marked by a sign, notice or other means as a “designated smoking area”, does not form part of a no-smoking area outside a hospital building for the purposes of Part 1 of the Act. Amendment of the Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006 8 1 Regulation 4 (fixed penalty time limits, amounts and payments) of the Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006 is amended as follows. 2 In paragraph (2)— a omit “and” after sub-paragraph (b), b after sub-paragraph (c) insert— d £200 for an offence under section 4A of the Act; e £50 for an offence under section 4B of the Act; and f £200 for an offence under section 4C of the Act. . 3 In paragraph (3)— a omit “and” after sub-paragraph (b), b after sub-paragraph (c) insert— d £150 for an offence under section 4A of the Act; e £30 for an offence under section 4B of the Act; and f £150 for an offence under section 4C of the Act. . MAREE TODD Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 27th April 2022