Smoking in Public Places Regulations, 2003

L.N. 244 of 2003

TOBACCO (SMOKING CONTROL) ACT

(CAP. 315)

Smoking in Public Places Regulations, 2003

IN exercise of the powers conferred by article 9 of the Tobacco

(Smoking Control) Act, the Minister of Health has made the following

regulations>-

(1) The title of these regulations is the Smoking in Public

Places Regulations, 2003.

(2) These regulations shall come into force on the 5th

April, 2004.

In these regulations -

Regulation 3(1)

Enclosed public and private establishments

1. Any establishments where services are provided to the public, whether for a

charge or free of charge, including the sale of goods<

2. Hospitals, establishments where health care is given and all other medical

establishments<

3. Establishments where elderly persons are received<

4. Schools and other premises where children or young people are received or

housed<

5. Enclosed establishments where higher education and vocational training are

given<

6. Enclosed establishments used for entertainment, radio and television studios

open to the public, and in any television studio during any debate, discussion or other

programme broadcast locally for public viewing whether live or pre-recorded<

“Act” means the Tobacco (Smoking Control) Act<

“designated smoking area” means an area other than an

enclosed room, that is designated for smoking<

“designated smoking room” means an enclosed room that is

designated for smoking<

“employee” means a person who is employed by an employer<

“employer” means a person who employs one or more persons

and includes the person who is ultimately in charge of any place<

“smoking” includes the carrying of any lit tobacco product<

“work space” means any indoor or other enclosed space which

employees perform the duties of their employment, and includes

any adjacent corridor, lobby, stairwell, elevator, lift, cafeteria,

washroom or other common area frequented by such employees

during the course of their employment.

(1) Smoking is banned to the public in enclosed premises

which form part of the public or private establishment listed in the

Schedule hereto.

(2) There shall be made provision for areas to be clearly

defined as being reserved for smokers in any of the establishments

referred to in sub-regulation (1) hereof.

(3) Notwithstanding the provisions of sub-regulations (1)

and (2) hereof, in the event of conflict between smokers and non-

smokers in any area other than such as are reserved for smokers, a smoker

shall desist from smoking in that area.

(1) An employer or a person acting on his behalf shall ensure Employer’s

responsibility.

that persons refrain from smoking in any work space or public area

which is under the control of the said employer.

(2) An employer shall designate special areas for smoking

and such areas shall be totally separate from areas normally occupied

by non-smokers.

(3) It shall also fall within the responsibility of an employer

to ensure that in such areas as are mentioned in sub-regulation (2) hereof,

the exposure of non-smokers to tobacco smoke is reduced or minimised,

and that employees shall not be required to enter such rooms even if in

the course of their duties.

(1) No person shall smoke in any work space or public place Smoking in work

space

under the control of an employer except in a designated smoking room or public place.

or designated smoking area.

(2) An employer shall clearly inform employees and

members of the public of the prohibition imposed by sub-regulation (1)

hereof and of the location, if any, of designated smoking room and

designated smoking areas which are under the control of the employer

by posting clearly visible signs, as appropriate or as may be prescribed.

The foregoing provisions of these regulations shall not affect Saving.

the operation of any other law, regulation or rule, or penalty ensuing

therefrom, in relation to the further protection of persons from exposure

to tobacco smoke.

Establishments where exhibitions are held<

Establishments and places where sports are practised<

Premises of ports and airports.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press