Public Health (Tobacco) Act, 2002

Prohibition or restriction on smoking of tobacco products.

47.—(1) The Minister may, by regulations, prohibit or restrict the smoking of tobacco products in—

(a) an aircraft, train, ship or other vessel, public service vehicle, or a vehicle used for the carriage of members of the public for reward other than a public service vehicle,

(b) all or part of—

(i) a health premises, or

(ii) a hospital that is not a health premises,

(c) all or part of a school or college,

(d) all or part of a building to which the public has access, either as of right or with the permission of the owner or occupier of the building, and which belongs to, or is in the occupation of—

(i) the State,

(ii) a Minister of the Government,

(iii) the Commissioners of Public Works in Ireland, or

(iv) a body established by or under an Act of the Oireachtas,

(e) a cinema, theatre, concert hall or other place normally used for indoor public entertainment,

(f) all or part of a licenced premises, registered club, or place of work, or

(g) all or part of any other premises or place,

generally or of such a class as may be specified in the regulations (hereafter in this Act referred to as a “specified place”).

(2) Regulations under this section may revoke regulations made under section 2 of the Act of 1988 and regulations under the said section 2 shall notwithstanding section 8 continue in operation as if made under this section.

(3) Any person who contravenes a provision of regulations made under this section shall be guilty of an offence.

(4) Where in relation to a specified place there is a contravention of regulations under this section the occupier, manager and any other person for the time being in charge of the place shall each be guilty of an offence.

(5) In proceedings for an offence under this section, it shall be a defence for a person against whom such proceedings are brought to show that he or she made all reasonable efforts to ensure compliance with such provisions of regulations under this section as are alleged to have been contravened.

(6) In this section—

“college” means a university, institute of technology or other establishment at which third level education is provided;

“health premises” means any hospital, sanatorium, home, laboratory, clinic, health care centre or similar premises required for the provision of services under the Health Acts, 1947 to 2001, provided and maintained by a health board under section 38 of the Act of 1970;

“place of work” has the same meaning as it has in the Safety, Health and Welfare at Work Act, 1989 ;

“school” has the same meaning as it has in the Education Act, 1998 .