Health Act 2006

Act of Parliament

Long titleAn Act to make provision for the prohibition of smoking in certain premises, places and vehicles and for amending the minimum age of persons to whom tobacco may be sold; to make provision in relation to the prevention and control of health care associated infections; to make provision in relation to the management and use of controlled drugs; to make provision in relation to the supervision of certain dealings with medicinal products and the running of pharmacy premises, and about orders under the Medicines Act 1968 and orders amending that Act under the Health Act 1999; to make further provision about the National Health Service in England and Wales and about the recovery of National Health Service costs; to make provision for the establishment and functions of the Appointments Commission; to make further provision about the exercise of social care training functions; and for connected purposes.

Citation2006 c. 28

Territorial extentEngland and Wales

Dates

Royal assent19 July 2006

Commencement19 July 2006 (in part)various

Other legislation

AmendsPharmacy Act 1954 Government of Wales Act 1998 Public Audit (Wales) Act 2004

Relates toMedicines Act 1968Health Act 1999

Status: Amended

as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk .

The Health Act 2006 (c. 28) is an act of the Parliament of the United Kingdom. It provides for a number of administrative changes in the National Health Service.

Part 1 – Smoking

Chapter 1 – Smoke-free premises, places and vehicles

The act is best known for having introduced provisions for the creation of a ban on smoking in enclosed public places. This ban focuses on smoking:

In places of work.
In places that the public access to obtain goods and services, including private clubs.
In other places designated by statutory instrument.

The sections of the act allowing a ban extend to England and Wales although the provisions implementing the ban came into effect separately in England and Wales. In England the ban took effect on 1 July 2007. The ban in Wales came into effect on 2 April 2007.

Smoking was banned separately in Northern Ireland and Scotland — in Northern Ireland by the Smoking (Northern Ireland) Order 2006 (SI 2006/2957) which took effect on 30 April 2007, and in Scotland (taking effect 26 March 2006) by the Smoking, Health and Social Care (Scotland) Act 2005.

In 2017, the Supreme Court held that the smoking ban contained in chapter 1 of the act did not bind the Crown, and therefore did not need to be enforced on Crown premises such as prisons.

Chapter 2 – Age of sale for tobacco etc

Section 13 granted the Secretary of State the power to increase the age for purchasing tobacco from 16 to 18.

The Children and Young Persons (Sale of Tobacco etc.) Order 2007 (SI 2007/767) is a statutory instrument issued by the United Kingdom government on 7 March 2007, made possible by this chapter of the Health Act 2006, which raised the minimum age for buying tobacco in England and Wales from 16 to 18, taking effect on 1 October 2007. The introduction of this change was the subject of a major government publicity campaign.

Part 7 – Final provisions

Section 83 – Commencement

The following orders have been made under this section:

(SI 2006/2603 (C.88))
(SI 2006/3125 (C.108))
(SI 2007/1375 (C.57))
(SI 2008/1147 (C.50))
(SI 2008/1972 (C.96))
(SI 2008/2714 (C.119))
(SI 2007/204 (W.18) (C.9))
(SI 2008/3171 (W.284))
(SSI 2007/9 (C.1))

Notes

Bibliography

Halsbury's Statutes

External links

as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.
as originally enacted or made within the United Kingdom, from legislation.gov.uk.
to the Health Act 2006.
as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.