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05 July 2007 / Jeremy Nixon
Issue: 7280 / Categories: Features , Employment
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Butts out

How will the new non-smoking legislation affect the workplace? Jeremy Nixon investigates

With effect from 1 July 2007, England came into line with Scotland, Wales and Northern Ireland when smoking in all enclosed public places was banned.

In common with much of the employment law legislation we have seen over recent years, the new provisions in relation to smoking place what was best practice on a statutory footing, since for many years now smoking has been prohibited in most workplaces. A further similarity between the smoking legislation and other recent changes to employment law—particularly the statutory grievance and dismissal procedures—is the fact that the legislation is spread across a number of different statutory provisions, which will certainly keep employment lawyers and human resources (HR) managers on their toes when interpreting them.

THE STATUTORY FRAMEWORK

The new law is found in:
- The Health Act 2006.
- The Smoke-free (Premises and Enforcement) Regulations 2006 (SI 2006/3368).
- The Smoke-free (Exemptions and Vehicles) Regulations 2007 (SI 2007/765).
- The Smoke-free (Penalties and Discounted Amounts) Regulations 2007 (SI 2007/764).
- The Smoke-free (Vehicle Operators and Penalty Notices) Regulations 2007 (SI 2007/760).
- The Smoke-free (Signs)

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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