Scottish smoking ban

[Mudman]

Can anyone tell me what is being banned?.. I think it's a bit 'sketchy'.

Is it... The smoking of tobbaco (which has been proven to kill as efficiently as cars) that has been banned? Or 'smoke' in general?

I was in a shop that had Incense burners lit. What's the legal side of this?

[Buenchico]

From Section 4(1) of the Smoking, Health and Social Care (Scotland) Act 2005:
"In this Part, "smoke" means smoke tobacco, any substance or mixture which includes it or any other substance or mixture; and a person is to be taken as smoking if the person is holding or otherwise in possession or control of lit tobacco, of any lit substance or mixture which includes tobacco or of any other lit substance or mixture which is in a form or in a receptacle in which it can be smoked."
http://www.opsi.gov.uk/legislation/scotland/acts2005/200 50013.htm

Chris

PS: If you want to know all about the fine details of the legislation, you'll also need to read the accompanying Regulations:
http://www.scotland.gov.uk/Publications/2005/08/02143247 /32478