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.