PART 3TOBACCO AND NICOTINE PRODUCTS

CHAPTER 1SMOKING

General

28Interpretation of this Chapter

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—

    1. a

      education for a child, and

    2. 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—

    1. a

      any place;

    2. b

      a moveable structure other than a vehicle;

    3. c

      a stall;

    4. d

      a tent;

    5. 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.