Latest information

June 2007

The following report assess the levels of particles from tobacco smoke in a Cafe, Public House and Restaurant in Jersey, pre and post the introduction of the smoking legislation.
Final Report 30 May 2007
Interim Report 24 March 2006

The following fact sheets have recently been created:

Factsheet 1: General Information
Factsheet 2: Smoking in Vehicles
Factsheet 3: Smoking Shelters
Factsheet 4: Smokefree is Needed
Factsheet 5: 10 Reasons to go Smokefree



At 4.00am on Tuesday 2nd January 2007 the Restriction on Smoking (Workplaces) (Jersey) Regulations 2006 came into force.


On the 21^st November 2006, the States of Jersey debated and approved the draft Restriction on Smoking (Workplaces) Regulations 2006.

During the debate the Minister for Economic Development lodged an amendment to the draft Restriction on Smoking (Workplaces) Regulations 2006.

In the draft regulations, vessels were defined in the following way:

'Ship or vessel means any ship, vessel or boat of any description that is used in navigation and is within the territorial sea adjacent to Jersey and any ship, vessel or boat of any description that is used in navigation and is in a harbour, port or other place in Jersey.'

The amendment changes this so that the regulations will only apply to Jersey vessels - effectively the amendment deletes the definition above and replaces it with:

'(a) Ship or vessel means a Jersey ship within the meaning of the Shipping (Jersey) Law 2002 that is within the territorial sea adjacent to Jersey or in a harbour, port or other place in Jersey or any ship, vessel or boat of any description that is used in navigation, to which paragraph (a) does not apply, that is (1) wholly owned by a person ordinarily resident in Jersey or by a company incorporated in Jersey, (2) not registered under the law of the United Kingdom, any of the Channel Islands, the Isle of Man or any other country outside Jersey, and within the territorial sea adjacent to Jersey or in a harbour, port or other place in Jersey.'

The amendment also removes the reference in Regulation 13 to qualifying foreign ships, which becomes redundant.

The Ministers for Health and Social Services and Economic Development, accepted the amendment on the following basis:

Uniquely amongst workplaces, ships operate in three legal environments at once (that of their own national flag, international maritime conventions and the law of the country they may be visiting). Legislation restricting smoking in ships varies between countries. It is clear from a study of these that each has its difficulties.

Officers from the two departments have worked closely together in order to seek a clear understanding of what the Regulations as drafted would have meant for ships in Jersey waters.

It has been noted that the United Kingdom is about to consult on the way forward on this for ships in UK waters and will then introduce legislation, probably in the summer of 2007, to restrict smoking under its Merchant Shipping Act 1995. The intention is that regardless of where a ship is registered or the nature of its business, the same rules would apply to all ships visiting the UK .

To ensure a consistent approach it has now been agreed that Jersey should amend its legislation with regard to smoking on ships after the UK consultation has concluded. Jersey legislation would then seek to reflect the UK approach, amended to suit our needs if necessary. As is planned in the UK , this would be through amending shipping law. Subsequent amendment will be developed jointly by officers from the Health and Social Services and Economic Development departments to ensure it is effective and enforceable.

It is intended that once the appropriate shipping legislation comes into force, the restrictions on smoking in Jersey ships will be replaced automatically by these new rules, applicable to all ships coming to or leaving Jersey.

Accordingly, the Health and Social Services Minister accepted the amendment lodged by the Economic Development Minister.