These Regulations bring into force the provisions of the Smoking Prohibition (Children in Motor Vehicles) (Scotland) Act 2016 (“the Act”) on 5th December 2016. By virtue of section 1 of the Act it is an offence to smoke in a motor vehicle when there is a child in the vehicle.

The Smoking Prohibition (Children in Motor Vehicles) (Scotland) Act 2016 prohibits smoking by an adult in any private vehicle in the presence of a child, while that vehicle is in a public place. There is an exception to the prohibition which takes account of members of the Travelling community and holiday-makers who use their vehicles as permanent or temporary homes. Breach of the prohibition is made a criminal offence. A fixed penalty notice regime is provided as an alternative means of enforcement.

This could apply to company vehicles that are also used for private use of employees.