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Public Health (Wales) Act 2017

Commentary on Sections

Part 3.Tobacco and Nicotine Products

Chapter 1 - Smoking
Section 15 - Smoke-free vehicles

34.This section gives the Welsh Ministers a power to make regulations providing for vehicles to be smoke-free.

35.An equivalent power to make regulations applying to vehicles for the purposes of smoke-free premises under the Health Act 2006 is included at section 5 of that Act. Regulation 4 of the Smoke-free Premises etc. (Wales) Regulations 2007, made in exercise of the power at section 5 of the Health Act 2006, sets out that enclosed vehicles shall be smoke-free if used for transport of members of the public, or as a workplace for more than one person. These regulations stay in place until regulations are made using the powers in this section of this Act.

36.The Welsh Ministers can only designate a vehicle as being smoke-free where they are satisfied that designating that vehicle is likely to contribute towards the promotion of the health of the people of Wales.

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