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Is Your Business Affected?

Use our flowchart to see whether your business needs to take action to comply with the Act.

Do your premises fall into any of the following 4 categories?
(a) to which the public or a section of the public has access (b) which are being used wholly or mainly as a place of work (c) which are being used by and for the purposes of a club or other unincorporated association (d) which are being used wholly or mainly for the provision of education or of health or care services
Yes No
Look at the list of no-smoking premises in Schedule 1 of the smoking regulations – are your premises on that list?
Act does not apply to your premises. Regulations will not apply.
Yes
Are your premises wholly or substantially enclosed?
Yes No
Does an exemption apply under Schedule 2 of the smoking regulations?
Act does not apply to your premises.
No Yes
Your premises are "no-smoking premises" for the purposes of Part 1 of the Act. The smoke-free legislation applies to your premises in full.
Is the exemption for the whole premises (eg, adult hospice) or for a part of the premises (eg, a designated room)?
 
Part
exemption
Whole
exemption
Your premises are generally "no-smoking premises" for the purposes of the Act, except for those parts which are exempt.
Act does not apply to your premises.

Advice on Quitting

Smokeline Scotland
Call 0800 848484
12 noon to 12 midnight, seven days a week.


Smoking, Health and Social Care Act (Scotland) 2005


Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006