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5.—(1) The Department may make regulations designating as smoke-free any place or description of place that is not smoke-free under Article 3.
(2) The place, or places falling within the description, need not be enclosed or substantially enclosed.
(3) The Department may designate a place or description of place under this Article only if satisfied that, without the designation, persons present there would be likely to be exposed to smoke.
(4) The regulations may provide for such places, or places falling within the description, to be smoke-free only—
(a)in specified circumstances,
(b)at specified times,
(c)if specified conditions are satisfied,
(d)in specified areas,
or any combination of those.
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