Tobacco (Health Promotion and Protection) Regulations, 1990

• Jurisdiction: Ireland
• Year: 1990
• Citation: IR SI 39/1990

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
	1. These Regulations may be cited as the Tobacco (Health Promotion and Protection) Regulations, 1990.
	2. These Regulations shall come into operation on the 1st day of 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
1. The designated areas referred to in Article 5 of these Regulations are as follows:
(i) subject to the provisions in sub-paragraph (ix) and (x), of Paragraph 1 of the Second Schedule to these Regulations, the circulation space which shall include stairways, escalators, lifts, corridors, landings and concourse areas in all buildings, (other than hotels), which belong to, or are in the occupation of,—
— the State, or
— a body, established by or under an Act of the Oireachtas.
(ii)...