Since the law came into force in March 2006 councils have been given ring-fenced cash by the Scottish Government to ensure the ban is imposed.

But now councillors have been told the money doesn't have to be used to police the ban on indoor smoking.

That has angered health chiefs across the country – and TheSouthern can reveal that Scottish Borders Council has axed its two enforcement officers and can't say how the £69,000 it gets from Holyrood will be spent.

And we have also learned that since the ban was brought in no-one in the Borders has been fined for breaching it.

The Royal Environmental Health Institute of Scotland (REHIS) represents environmental, community and public health professionals within local government, health services, commerce and industry. They say the threat of fines is one reason why the law has been a success.

And REHIS president Robert Howe has warned that freeing the cash for other uses represents a serious threat to the legislation.

He told us: "The ban on smoking in public places ranks alongside the provision of clean drinking water and basic sanitation as one the most important environmental health developments of the last 200 years.

"Although the continued Scottish Government funding is intended for front-line enforcement, the cash no longer has to be accounted for, and we believe financial pressures will tempt some local authorities to spend the money elsewhere.

"Initial queries by environmental health officers suggest that that is exactly what is happening.

"In some cases, the funding may not even reach environmental health departments, let alone be used specifically in support of smoke-free legislation. I fear that this could be the thin end of the wedge."

And enquires by TheSouthern have discovered that SBC hasn't committed itself to using the cash to enforce the legislation.

A spokeswoman told us: "Following the implementation of the smoking ban, we received £69,000 in ring-fenced funding from the Scottish Government to enforce the ban.

"We employed two dedicated smoking enforcement officers on fixed-term, 18-month contracts, which have just come to an end.

"The money also funded an education programme to ensure Borderers were fully aware of the requirements of the ban.

"This coming financial year, we will still receive £69,000 funding but it is not ring-fenced. The departmental budget has not been finalised so we don't know for certain at this stage how exactly that money will be used."

But the council says it will continue to use its 20 environmental health officers to ensure there are no fly puffers.

Their spokeswoman said: "We will continue to enforce the smoking ban as vigilantly as we have done since its inception.