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

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.

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

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