Other residential accommodation
5.—(1) A designated room that is used as accommodation for persons aged 18 years or over in the premises specified in paragraph (2) is not smoke-free.
(2) The specified premises are—
(a)care homes as defined in section 3 (care homes) of the Care Standards Act 2000(1);
(b)hospices which as their whole or main purpose provide palliative care for persons resident there who are suffering from progressive disease in its final stages; and
(c)prisons.
(3) In this regulation “designated room” means a bedroom or a room used only for smoking which—
(a)has been designated in writing by the person having charge of the premises in which the room is situated as being a room in which smoking is permitted;
(b)has a ceiling and, except for doors and windows, is completely enclosed on all sides by solid, floor-to-ceiling walls;
(c)does not have a ventilation system that ventilates into any other part of the premises (except any other designated rooms);
(d)is clearly marked as a room in which smoking is permitted; and
(e)except where the room is in a prison, does not have any door that opens onto smoke-free premises which is not mechanically closed immediately after use.