2016 No. 118 (W. 55)
Public Health, Wales

The Smoke-free Premises etc. (Wales) (Amendment) Regulations 2016

Made
Coming into force
The Welsh Ministers, in exercise of the powers conferred by sections 3(1), (2), (6) and 79(3) of the Health Act 20061, make the following Regulations, a draft of which was laid before the National Assembly for Wales in accordance with section 79(4) of that Act2.

Title, commencement and application1.

(1)

The title of these Regulations is the Smoke-free Premises etc. (Wales) (Amendment) Regulations 2016 and they come into force on 4 February 2016.

(2)

These Regulations apply in relation to Wales.

Amendment to the Smoke-free Premises etc. (Wales) Regulations 20072.

(1)

The Smoke-free Premises etc. (Wales) Regulations 20073 are amended as follows.

(2)

After regulation 3 (exemptions for smoke-free premises) insert the following regulation —

“3A.Temporary exemption for prisons

(1)

A designated room that is used as accommodation in a prison for persons aged 18 years or over is not smoke-free.

(2)

For the purposes of this regulation “designated room” means a cell which—

(a)

has been designated in writing by the person in charge of the prison 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); and

(d)

is clearly marked as a room in which smoking is permitted.

(3)

Paragraphs (1) and (2) cease to have effect on 5 April 2017.”.

Mark Drakeford
Minister for Health and Social Services, one of the Welsh Ministers
XPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations, made under Chapter 1 of Part 1 of the Health Act 2006, insert new regulation 3A into the Smoke-free Premises etc. (Wales) Regulations 2007 to exempt until 5 April 2017 designated rooms for adults in prisons in Wales from the smoke-free requirements of section 2 of the Health Act 2006.

Paragraph (2) of new regulation 3A provides that a “designated room” is a cell which has been designated in writing by the person in charge of the prison, is completely enclosed, does not have a ventilation system that ventilates into any other part of the premises, and which is clearly marked as a room in which smoking is permitted.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Tobacco Policy Branch of the Public Health Division, Welsh Government, Cathays Park, Cardiff, CF10 3NQ.