Search Legislation

Public Health (Wales) Act 2017

Changes over time for: Section 28

 Help about opening options

Changes to legislation:

Public Health (Wales) Act 2017, Section 28 is up to date with all changes known to be in force on or before 27 January 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Section 28:

  • specified provision(s) amendment to earlier commencing S.I. 2017/949, art. 3 by S.I. 2017/967 art. 2
28Interpretation of this ChapterE+W
This section has no associated Explanatory Notes

(1)In this Chapter—

  • adult care home” (“cartref gofal i oedolion”) means premises at which a care home service within the meaning given by paragraph 1 of Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) is provided to persons aged 18 or over;

  • adult hospice” (“hosbis i oedolion”) means premises wholly or mainly used for the provision of palliative care to persons aged 18 or over, who are suffering from a progressive disease in its final stages, by or behalf of an establishment the primary function of which is the provision of such care;

  • authorised officer” (“swyddog awdurdodedig”) has the meaning given by section 18(5);

  • child” (“plentyn”) means a person aged under 18;

  • childcare” (“gofal plant”) means (subject to subsection (2)) any form of care for a child, other than care provided for a child by a parent, relative or foster parent of the child, and includes—

    (a)

    education for a child, and

    (b)

    any other supervised activity for a child;

  • enforcement authority” (“awdurdod gorfodi”) is to be interpreted in accordance with section 18;

  • hospital” (“ysbyty”) has the meaning given by section 206 of the National Health Service (Wales) Act 2006 (c.42);

  • parent” (“rhiant”) includes any person who has parental responsibility (within the meaning of section 3 of the Children Act 1989 (c.41)) for a child;

  • playground equipment” (“cyfarpar maes chwarae”) includes (for example) a swing, slide, sand-pit, or ramp, but does not include powered equipment (such as equipment powered by electric motor);

  • premises” (“mangre”) includes—

    (a)

    any place;

    (b)

    a moveable structure other than a vehicle;

    (c)

    a stall;

    (d)

    a tent;

    (e)

    an offshore installation within the meaning given in the Mineral Workings (Offshore Installations) Act 1971 (c.61) (see section 12 of that Act);

  • registered pupil” (“disgybl cofrestredig”) has the meaning given by section 434(5) of the Education Act 1996 (c.56);

  • relative” (“perthynas”), in relation to a child, means a step-parent, grandparent, aunt, uncle, brother or sister (including any person who is in that relationship by virtue of a marriage or civil partnership or an enduring family relationship);

  • school” (“ysgol”) has the meaning given by section 4 of the Education Act 1996 (c.56);

  • “smoking” and “smokes” (“ysmygu”) are to be read in accordance with section 4;

  • vehicle” (“cerbyd”) includes a train, tram, vessel, hovercraft and aircraft;

  • Wales” (“Cymru”) has the meaning given by section 158(1) of the Government of Wales Act 2006 (c.32).

(2)References in this Chapter to “childcare” do not include—

(a)education (or any other supervised activity) provided by a school during school hours for a registered pupil, or

(b)any form of health care for a child.

(3)For the purposes of subsection (1) a person is a foster parent in relation to a child if the person—

(a)is a local authority foster parent (within the meaning given by section 197 of the Social Services and Well-being (Wales) Act 2014 (anaw 4)), or

(b)fosters the child privately.

(4)References in this Chapter to a “dwelling” include land enjoyed with premises where the premises themselves constitute a dwelling, unless the land is agricultural land (within the meaning given by section 246 of the Renting Homes (Wales) Act 2016 (anaw 1)) exceeding 0.809 hectares.

(5)References in this Chapter, however expressed, to premises or vehicles which are (or are not) smoke-free (or treated as smoke-free), are to those premises or vehicles so far as they are (or are not) smoke-free (or treated as smoke-free) under or by virtue of this Chapter.

(6)Premises may be smoke-free by virtue of more than one section in this Chapter.

(7)Regulations may specify for the purpose of this Chapter what “enclosed”, “substantially enclosed” and “not enclosed or substantially enclosed” mean.

Commencement Information

I1S. 28 in force at 29.9.2020 for specified purposes by S.I. 2020/1048, art. 2(1)(g)

I2S. 28 in force at 1.3.2021 in so far as not already in force by S.I. 2021/202, art. 2

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.

Original (As Enacted or Made) - English: The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Welsh Government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Welsh Parliament.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources