2Smoke-free premisesE+W
(1)Premises [F1in England] are smoke-free if they are open to the public.
But unless the premises also fall within subsection (2), they are smoke-free only when open to the public.
(2)Premises [F2in England] are smoke-free if they are used as a place of work—
(a)by more than one person (even if the persons who work there do so at different times, or only intermittently), or
(b)where members of the public might attend for the purpose of seeking or receiving goods or services from the person or persons working there (even if members of the public are not always present).
They are smoke-free all the time.
(3)If only part of the premises is open to the public or (as the case may be) used as a place of work mentioned in subsection (2), the premises are smoke-free only to that extent.
(4)In any case, premises are smoke-free only in those areas which are enclosed or substantially enclosed.
(5)The [F3Secretary of State] may specify in regulations what “enclosed” and “substantially enclosed” mean.
(6)Section 3 provides for some premises, or areas of premises, not to be smoke-free despite this section.
(7)Premises are “open to the public” if the public or a section of the public has access to them, whether by invitation or not, and whether on payment or not.
(8)“Work”, in subsection (2), includes voluntary work.
Textual Amendments
F1Words in s. 2(1) inserted (1.3.2021) by Public Health (Wales) Act 2017 (anaw 2), s. 126(2), Sch. 2 para. 4(a); S.I. 2021/202, art. 2
F2Words in s. 2(2) inserted (1.3.2021) by Public Health (Wales) Act 2017 (anaw 2), s. 126(2), Sch. 2 para. 4(b); S.I. 2021/202, art. 2
F3Words in s. 2(5) substituted (1.3.2021) by Public Health (Wales) Act 2017 (anaw 2), s. 126(2), Sch. 2 para. 4(c); S.I. 2021/202, art. 2
Commencement Information
I1S. 2 in force for certain purposes at Royal Assent, see s. 83
I2S. 2 in force at 2.4.2007 for W. in so far as not already in force by S.I. 2007/204, art. 2(a)
I3S. 2 in force at 1.7.2007 for E. in so far as not already in force by S.I. 2007/1375, art. 2(a)