11Hospital grounds
(1)Premises in Wales are smoke-free premises for the purposes of this Chapter so far as they consist of hospital grounds.
(2)The premises are smoke-free by virtue of this section at all times.
(3)The grounds of a hospital, for the purposes of this section, are premises that—
(a)adjoin the hospital, and
(b)are used or occupied by it, but
(c)are not enclosed or substantially enclosed.
(4)The person in charge of a hospital may designate any area in the grounds as being an area in which smoking is to be permitted, and to that extent the premises are to be treated as not being smoke-free for the purposes of this Chapter.
(5)Regulations may make provision—
(a)specifying conditions to be met before an area may be designated under subsection (4),
(b)requiring the keeping of records of designations, and
(c)about the circumstances in which a designation is to cease to have effect.
(6)Premises consisting of an adult care home or of an adult hospice, or premises used to any extent as a dwelling, are not smoke-free by virtue of this section.