Regulations under section 13 that provide for premises used partly as a dwelling to be treated as smoke-free premises for the purposes of this Chapter must comply with the following requirements.
The regulations may only make provision in relation to those areas of such premises that are not enclosed or substantially enclosed.
The regulations may not provide for those areas to be treated as smoke-free premises unless—
they are workplaces (within the meaning of section 7(2)), or
they are open to the public (within the meaning of section 8(2)).
The regulations must provide that—
those areas are to be treated as smoke-free premises only when they are used as a place of work or open to the public, and
if only part of an area is used as a place of work or is open to the public, the area is to be treated as smoke-free only to that extent.