{
  "url": "https://openlegislation.uk/smoke-free-premises-and-vehicles-wales-regulations-2020/regulation-8",
  "json_url": "https://openlegislation.uk/smoke-free-premises-and-vehicles-wales-regulations-2020/regulation-8.json",
  "legislation": "wsi/2020/1211",
  "legislation_title": "The Smoke-free Premises and Vehicles (Wales) Regulations 2020",
  "legislation_url": "https://openlegislation.uk/smoke-free-premises-and-vehicles-wales-regulations-2020",
  "path": "regulation/8",
  "kind": "regulation",
  "number": "8",
  "heading": "Mental health units: temporary exemption",
  "text": "(1) A room in premises consisting of a mental health unit that would (but for this regulation) be smoke-free by virtue of section 7 or 8 of the Act is to be treated as not being smoke-free if conditions 1 and 2 are met.\n(2) Condition 1 is that the person in charge of the premises—\n(a) designates the room as one in which patients of the mental health unit who are aged 18 or over (and no other person) are permitted to smoke, and\n(b) keeps a record of all rooms that have been so designated.\n(3) Condition 2 is that the room—\n(a) has a ceiling and, except for doors and windows, is completely enclosed on all sides by solid floor to ceiling walls,\n(b) does not have a ventilation system that ventilates into a smoke-free part of the premises,\n(c) does not have doors which do not mechanically close immediately after use if they open into smoke-free areas, and\n(d) is clearly marked as a room in which smoking is permitted.\n(4) The person in charge of the premises may withdraw a designation at any time.\n(5) In this regulation, “mental health unit” means premises, or part of premises, maintained wholly or mainly for the reception and treatment of persons suffering from a mental disorder as defined in section 1(2) of the Mental Health Act 1983 but does not include an adult care home.\n(6) Paragraphs (1) to (5) cease to have effect at the end of the period of 18 months beginning with the day on which these Regulations come into force.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1983 c. 20. Section 1(2) was amended by the Mental Health Act 2007 (c. 12), Schedule 10, paragraph 2."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/wsi/2020/1211/regulation/8",
    "retrieved_at": "2026-10-28T23:14:27.234186+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}