What provisions exist to ensure that staff and passengers on public transport will be protected by the Smoking, Health and Social Care (Sco…

Transport operators will needto display “no-smoking” notices as required under the Smoking, Health and SocialCare (Scotland) Act 2005 and the Prohibition of Smoking in Certain Premises(Scotland) Regulations 2006. These must state that the vehicle is no-smoking; thatit is an offence to smoke there or knowingly to permit smoking there, and name anindividual to whom a complaint may be made if someone is observed smoking on thebus. This need not necessarily be the driver of the bus.
A defence under the legislationis that the person took all reasonable precautions and exercised all due diligence.In order to establish any “due diligence” defence in relation to their statutoryobligations under the 2005 Act, transport operators would require to show that theyhad instituted systems for ensuring compliance and that they had put in place allnecessary systems or procedures reasonably available to them. In relation thereforeto the offence of permitting others to smoke on public transportation, transportoperators could be required to show, for example, that they have procedures in placeto remove passengers who refuse to stop smoking. They also need to satisfy themselvesthat any complaints made to the named person will be followed up and appropriateaction taken. Complaints may also be made to a national compliance line which willoperate when the legislation comes into effect on 26 March. All complaints willbe followed up by the relevant Environmental Health Department, who will decideon the appropriate level of enforcement action to be taken.