Explanatory note

These Regulations revoke and replace the Smoke-free Premises etc. (Wales) Regulations 2007^f1.

Chapter 1 of Part 3 of the Public Health (Wales) Act 2017 (“the Act”)^f2 makes provision restricting smoking in workplaces and public places (among other places). “Smoking” is to be read in accordance with section 4 of the Act.

These Regulations exempt certain premises from the requirement to be smoke-free under the Act and set out the circumstances in which vehicles are to be treated as being smoke-free. “Premises” has the meaning given by section 28 of the Act. The Regulations also make provision about displaying signs and provision relating to enforcement.

Regulation 3 defines “enclosed” and “substantially enclosed”. Under the Act, the requirement to be smoke-free is imposed in relation to workplaces and premises open to the public that are enclosed or substantially enclosed.

Regulation 4(1) provides that premises used to any extent as dwellings are not to be treated as being smoke-free unless regulation 4(2) or 4(5) applies (certain dwellings which are used as places of work).

Regulation 5 provides that holiday and temporary accommodation are to be treated as not being smoke-free. This regulation applies to premises that are not dwellings (because any such premises fall within regulation 4). This regulation ceases to have effect 12 months after these Regulations come into force.

Regulations 6 to 9 provide that rooms in adult care homes, adult hospices (regulation 6), research and testing facilities (regulation 7) and mental health units (regulation 8) and bedrooms in hotels, guesthouses, inns, hostels and members’ clubs (regulation 9) which meet certain conditions may be designated as rooms in which smoking is permitted. But a designation of a room in a mental health unit ceases to have effect 18 months after these Regulations come into force and a designation of a bedroom in a hotel, guesthouse, inn, hostel and a members’ club ceases to have effect 12 months after these Regulations come into force. Sections 10 to 12 of the Act provide for hospital grounds, school grounds and public playgrounds to be smoke-free. Regulations 10 and 11 provide the conditions which must be met before an area in the grounds of a school that provides residential accommodation and in hospital grounds may be designated as an area in which smoking is permitted.

Regulation 12 provides that a person who controls or is concerned in the management of smoke-free premises has to take reasonable steps to cause a person smoking there to stop smoking.

Regulation 13 requires signs to be displayed in premises which are workplaces or open to the public and specifies their content.

Regulation 14 requires signs to be displayed in school grounds, hospital grounds and public playgrounds and specifies their content.

Regulation 15 provides that certain vehicles are treated as being smoke-free. Vehicles used wholly or mainly in the course of work by more than one person or to transport members of the public are smoke-free all the time. Other vehicles which are not smoke-free all the time are smoke-free only when a person in the vehicle is receiving goods or services from another person also in the vehicle and when a child is in the vehicle. Regulation 16 provides an exemption from this. In these Regulations, a “child” is a person aged under 18 (see section 28 of the Act).

Regulation 17 provides that a driver, an operator or a person who is concerned in the management of a smoke-free vehicle has a duty to prevent smoking in that vehicle.

Regulation 18 requires signs be displayed in certain smoke-free vehicles and specifies their content.

Regulation 19 designates the chief officer of police for a police area as an enforcement authority in relation to vehicles which are smoke-free by virtue of being used for social, domestic or other private purposes where a child is present. Local authorities are already enforcement authorities under section 18 of the Act in relation to premises, places and vehicles in their areas.

Regulation 20 provides the fixed penalty amounts in respect of certain offences, and regulation 21 provides the discounted penalty amounts in respect of certain offences. Regulation 22 introduces the form of fixed penalty notices the enforcement authorities must use.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Public Health Division, Welsh Government, Cathays Park, Cardiff CF10 3NQ.