# The Smoke-free (Exemptions and Vehicles) Regulations 2007, Regulation 5: Other residential accommodation


(1) A designated room that is used as accommodation for persons aged 18 years or over in the premises specified in paragraph (2) is not smoke-free.
(2) The specified premises are—
(a) care homes as defined in section 3 (care homes) of the Care Standards Act 2000;
(b) hospices which as their whole or main purpose provide palliative care for persons resident there who are suffering from progressive disease in its final stages; and
(c) prisons.
(3) In this regulation “designated room” means a bedroom or a room used only for smoking which—
(a) has been designated in writing by the person having charge of the premises in which the room is situated as being a room in which smoking is permitted;
(b) has a ceiling and, except for doors and windows, is completely enclosed on all sides by solid, floor-to-ceiling walls;
(c) does not have a ventilation system that ventilates into any other part of the premises (except any other designated rooms);
(d) is clearly marked as a room in which smoking is permitted; and
(e) except where the room is in a prison, does not have any door that opens onto smoke-free premises which is not mechanically closed immediately after use.

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Source: https://www.legislation.gov.uk/ukdsi/2007/9780110757353/regulation/5 (the official version)
Page: https://openlegislation.uk/draft-smoke-free-exemptions-and-vehicles-regulations-2007/regulation-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

