we all know there is a smoking ban in UK BUT is it legal read on?

Question

as the act of "no smoking" ever been defined in english law if the answer is NO then the actual law becomes unenforceable I await comments and confirmation

as the act of "no smoking" ever been defined in english law if the answer is NO then the actual law becomes unenforceable I await comments and confirmation
JUST TO CLARIFY I MEAN AS THE WORD "SMOKING" BEEN DEFINED what does smoking actually mean in english law as the word been defined and if so what is the exact lawful definition of smoking I know we all no what it means but as it been defined in law. you can have a smoking fire but you cannot have a no smoking fire so does the phrase no smoking have any meaning in law

Answer 1

Stop trying to think of clever ways around the law and accept that you can't smoke your cancer sticks indoors anymore apart from in your own home or car or someone else's home or car with their permission.

Answer 2

The law often relies upon established dictionary definitions for enforcement.
See Chambers, the Oxford D. and many others who, to my mind, adequately define the term.
I think your chance of disputing the law on these grounds are close to zero as 99.9% of witnesses called will confirm the accepted definition of the term.
Also where the general public are aware of the meaning of the term the couurts will enforce the ban.
I gave up in April after 50 years on the weed so have some sympathy with the cause - I can see your point but am afraid that it's a "no hoper"!

Answer 3

I don't think the words 'NO SMOKING' need a definition. It is a widely used phrase of only two words!! How else could you interpret it ??
Regardless of that, the law states that smoking is not permitted in public places and then goes on to define the type ofestablishments it covers. The law does not say 'NO SMOKING' - just the signs around the place to remind everyone of the fact!!!

Answer 4

a challenge of this legislation, though it would make an interesting case would fail on a number of grounds.
Firstly, when it comes to a dispute over a defintion of a term it usually defined in the act. if not, the court would construe the words as parliament would have intended them to be used.
Secondly a challenge to a public health act would more than likely fail as it would not be in the interest of the public at large or the public good to allow smoking in all areas as the prohibition only affects a minority of people.
Thirdly, and most importantly, the courts of the U.K. CANNOT strike down a piece of legislation passed by parliament as it is SUPREME ie. what they says goes and no one can do anything about it.
(still feel good about not having a written constitution?)

Answer 5

The 'NO' in NO SMOKING is a definition of the act. The law which prohibits smoking in pubs/work places etc is the legal description of the definition. The actual enforcement is a smoking ban.

Answer 6

"By 2006, all government departments and the NHS
will (subject to limited exceptions) be smokefree.

We will consult on detailed proposals for regulation with legislation where necessary, so that by the end of 2008, all enclosed public places and workplaces will be smokefree
except those specifically exempted."

Government white paper on health.

That is the law. Simple and plain.

Answer 7

Yes it has.


Introduction


(1)
This Part makes provision for the prohibition of smoking in certain premises, places and vehicles which are smoke-free by virtue of this Part.

(2)
In this Part—

(a)
“smoking” refers to smoking tobacco or anything which contains tobacco, or smoking any other substance; and

(b)
smoking includes being in possession of lit tobacco or of anything lit which contains tobacco, or being in possession of any other lit substance in a form in which it could be smoked

Answer 8

you can smoke out doors just not in public places where others are around you.

Answer 9

When you need to break wind, do you do it in other people's faces?

No?

Then go outside if you want to smoke.

Answer 10

Good question! I don't know the answer but it is a very interesting question. I am waiting for the other replies -