Public Health (Wales) Act 2017

9 Outdoor care settings for children

(1) Outdoor care settings in Wales are smoke free for the purposes of this Chapter.

(2) Premises are an outdoor care setting so far as—

(a) they are not enclosed or substantially enclosed, and

(b) they are within subsection (3) or (4).

(3) Premises are within this subsection if—

(a) they are registered under Part 2 of the Children and Families (Wales) Measure 2010 (nawm 1) (the “2010 Measure”) as being premises at which a person is authorised to provide day care for children, or

(b) they form part of premises that are so registered.

(4) Premises are within this section if they form part of premises (the “domestic premises”) that are the usual place of residence of a person registered to act as a child minder under Part 2 of the 2010 Measure.

(5) An outdoor care setting within subsection (3) is smoke free by virtue of this section only when day care for children is being provided—

(a) in the outdoor care setting, or

(b) in premises registered under Part 2 of the 2010 Measure (whether or not enclosed or substantially enclosed) of which the outdoor care setting forms part.

(6) An outdoor care setting within subsection (4) is smoke free by virtue of this section only when—

(a) the child minder is acting as a child minder in the domestic premises (whether or not in a part of them that is enclosed or substantially enclosed) for at least one child, and

(b) that child or, as the case may be, at least one of those children is in the outdoor care setting.

(7) For the purposes of this section, references to providing day care and acting as a child minder have the same meaning as in the 2010 Measure.

(8) Premises are not to be treated as being within subsection (3) or (4) so far as they consist of the grounds of a school (for which see section 10 (school grounds)).