S.I. No. 39/1990 - Tobacco (Health Promotion and Protection) Regulations, 1990.

S.I. No. 39 of 1990.

TOBACCO (HEALTH PROMOTION AND PROTECTION) REGULATIONS, 1990.

The Minister for Health in exercise of the powers conferred on him by Section 2 of the Tobacco (Health Promotion and Protection) Act, 1988 (No. 24 of 1988) hereby makes the following Regulations:

PART I General

1. These Regulations may be cited as the Tobacco (Health Promotion and Protection) Regulations, 1990.

2. These Regulations shall come into operation on the 1st day of May, 1990.

3. In these Regulations—

"aerodrome" has the meaning assigned to it by Section 2 (1) of the Air Navigation and Transport Act, 1936 (No. 40 of 1936).

"harbour" includes any dock, pier, wharf, jetty, boatslip, offshore terminal, installation or place intended or used for the accommodation, berthing or anchorage or for the shipping, unshipping or transhipping of goods.

"hospital" includes premises in which a majority of the persons being maintained are being treated for acute ailments, or are receiving maternity care, by or under the control of medical or surgical specialists and includes a private hospital.

"nursing home" includes a "home" as defined in Section 1 of the Health (Homes for Incapacitated Persons) Act, 1964 (No. 8 of 1964).

"maternity home" includes a maternity home as defined in Section 1 of the Registration of Maternity Homes Act, 1934 (No. 14 of 1934).

"centre for the mentally handicapped" includes premises or part of a premises in which day services for persons with mental handicap are provided.

"centre for the physically handicapped" includes premises or part of a premises in which day services for persons with physical handicap are provided.

"psychiatric hospital" includes mental institutions within the meaning of the Mental Treatment Acts, 1945 to 1961.

"sports centre" means any premises purpose-built or adapted for the practice or playing of active sports.

4. These Regulations may be enforced by officers of the Minister and by officers of the health boards established under the Health Act, 1970 (No. 1 of 1970 ).

PART II Prohibition on the Consumption of Tobacco Products.

5. A person shall not consume a tobacco product in a designated area described in Part I of the First Schedule to these Regulations.

6. A person shall not consume a tobacco product in a designated facility described in Part II of the First Schedule to those Regulations.

PART III Restrictions on the Consumption of Tobacco Products

7. The consumption of tobacco products shall be prohibited in places within a designated area or a designated facility specified in the Second Schedule to these Regulations which are identified clearly by an appropriate notice.

PART IV Application of these Regulations

8. These Regulations shall not apply to prisons.

FIRST SCHEDULE

PART I

Prohibition on the Consumption of Tobacco Products in Designated Areas

1. The designated areas referred to in Article 5 of these Regulations are as follows:

(i) subject to the provisions in sub-paragraph (ix) and (x), of Paragraph 1 of the Second Schedule to these Regulations, the circulation space which shall include stairways, escalators, lifts, corridors, landings and concourse areas in all buildings, (other than hotels), which belong to, or are in the occupation of,—

— the State, or

— a body, established by or under an Act of the Oireachtas.

(ii) in offices to which the public has access within buildings or premises which belong to, or are in the occupation of—

— the State, or

— a body, established by or under an Act of the Oireachtas.

(iii) in any part of a primary or secondary school (including the school yard), save that smoking may be permitted where specific facilities, other than classrooms or recreation rooms, are provided for staff to smoke,

(iv) subject to the provisions of sub-paragraph (viii) of Paragraph 1 of the Second Schedule to these Regulations, in the buildings of third level educational institutions, save that smoking may be permitted in any licensed premises therein and in specific facilities which are provided for staff or students to smoke,

(v) the kitchens in hotels, restaurants, cafes, snack bars and licensed premises in which food is stored or prepared for human consumption,

(vi) the retail, storage and food preparation areas in supermarkets and grocery stores,

(vii) the waiting rooms in railway stations,

(viii) the waiting rooms in bus stations,

(ix) the indoor spectator and games areas in sports centres,

(x) the auditorium of a cinema,

(xi) the auditorium of a theatre,

(xii) the auditorium of a hall which is purpose built or adapted for the holding of concerts for public entertainment,

(xiii) subject to the provisions of sub-paragraph (viii) of Paragraph 1 of the Second Schedule to these Regulations, in Art Galleries and Museums which belong to the State, other than staff rooms,

(xiv) subject to the provisions of sub-paragraph (viii) of Paragraph 1 of the Second Schedule to these Regulations, in public libraries, other than staff rooms.

PART II

Prohibition on the Consumption of Tobacco Products in Designated Facilities

1. The designated facilities referred to in Article 6 of these Regulations shall consist of the following:

(i) all public service vehicles owned or operated by Bus Éireann and by Bus Átha Cliath,

(ii) privately owned transport vehicles used by the public which have a seating capacity for eight persons or more and which are engaged in the transport of persons for financial reward,

(iii) the Dublin Area Rapid Transport train system operated by Iarnód Éireann.

SECOND SCHEDULE

Restriction on the Consumption of Tobacco Products in Designated Areas and in Designated Facilities

1. The designated areas and the designated facilities referred to in Article 7 of these Regulations are as follows:

(i) health premises,

(ii) hospitals,

(iii) nursing homes,

(iv) maternity homes,

(v) centres for the mentally handicapped,

(vi) centres for the physically handicapped,

(vii) psychiatric hospitals,

(viii) restaurants, canteens, cafes and snack bars,

(ix) the seating area in the concourse area in the Arrivals and in the Departure Areas of Aerodromes,

(x) the seating area in the concourse area in the Arrivals and in the Departure Areas of Harbours,

(xi) subject to the provisions in sub-paragraph (iii) of Paragraph 1 of Part II of the First Schedule to these Regualtions, and of sub-paragraph (viii) of Paragraph 1 of this Schedule, all trains,

(xii) aircraft.

2. In each of the designated areas specified in sub-paragraphs (ix) and (x) of Paragraph 1 of this Schedule, at least one-third of the seating area shall be designated as a "No-Smoking Area".

GIVEN under the Official Seal of the Minister for Health this 23rd day of February, 1990.

RORY O'HANLON,

Minister for Health.

EXPLANATORY NOTE.

The purpose of these Regulations is to give effect to Section 2 of the Tobacco (Health Promotion and Protection) Act, 1988 . The effect of the Regulations is:

—to prohibit and/or restrict the consumption of tobacco products in various public areas and facilities which are described in the Regulations.

The Regulations come into operation on 1st May, 1990.