PART 3TOBACCO AND NICOTINE PRODUCTS
CHAPTER 1SMOKING
General
I1I228Interpretation of this Chapter
1
In this Chapter—
“adult care home” (“cartref gofal i oedolion”) means premises at which a care home service within the meaning given by paragraph 1 of Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) is provided to persons aged 18 or over;
“adult hospice” (“hosbis i oedolion”) means premises wholly or mainly used for the provision of palliative care to persons aged 18 or over, who are suffering from a progressive disease in its final stages, by or behalf of an establishment the primary function of which is the provision of such care;
“authorised officer” (“swyddog awdurdodedig”) has the meaning given by section 18(5);
“child” (“plentyn”) means a person aged under 18;
“childcare” (“gofal plant”) means (subject to subsection (2)) any form of care for a child, other than care provided for a child by a parent, relative or foster parent of the child, and includes—
- a
education for a child, and
- b
any other supervised activity for a child;
- a
“enforcement authority” (“awdurdod gorfodi”) is to be interpreted in accordance with section 18;
“hospital” (“ysbyty”) has the meaning given by section 206 of the National Health Service (Wales) Act 2006 (c.42);
“parent” (“rhiant”) includes any person who has parental responsibility (within the meaning of section 3 of the Children Act 1989 (c.41)) for a child;
“playground equipment” (“cyfarpar maes chwarae”) includes (for example) a swing, slide, sand-pit, or ramp, but does not include powered equipment (such as equipment powered by electric motor);
“premises” (“mangre”) includes—
- a
any place;
- b
a moveable structure other than a vehicle;
- c
a stall;
- d
a tent;
- e
an offshore installation within the meaning given in the Mineral Workings (Offshore Installations) Act 1971 (c.61) (see section 12 of that Act);
- a
“registered pupil” (“disgybl cofrestredig”) has the meaning given by section 434(5) of the Education Act 1996 (c.56);
“relative” (“perthynas”), in relation to a child, means a step-parent, grandparent, aunt, uncle, brother or sister (including any person who is in that relationship by virtue of a marriage or civil partnership or an enduring family relationship);
“school” (“ysgol”) has the meaning given by section 4 of the Education Act 1996 (c.56);
“smoking” and “smokes” (“ysmygu”) are to be read in accordance with section 4;
“vehicle” (“cerbyd”) includes a train, tram, vessel, hovercraft and aircraft;
“Wales” (“Cymru”) has the meaning given by section 158(1) of the Government of Wales Act 2006 (c.32).
2
References in this Chapter to “childcare” do not include—
a
education (or any other supervised activity) provided by a school during school hours for a registered pupil, or
b
any form of health care for a child.
3
For the purposes of subsection (1) a person is a foster parent in relation to a child if the person—
a
is a local authority foster parent (within the meaning given by section 197 of the Social Services and Well-being (Wales) Act 2014 (anaw 4)), or
b
fosters the child privately.
4
References in this Chapter to a “dwelling” include land enjoyed with premises where the premises themselves constitute a dwelling, unless the land is agricultural land (within the meaning given by section 246 of the Renting Homes (Wales) Act 2016 (anaw 1)) exceeding 0.809 hectares.
5
References in this Chapter, however expressed, to premises or vehicles which are (or are not) smoke-free (or treated as smoke-free), are to those premises or vehicles so far as they are (or are not) smoke-free (or treated as smoke-free) under or by virtue of this Chapter.
6
Premises may be smoke-free by virtue of more than one section in this Chapter.
7
Regulations may specify for the purpose of this Chapter what “enclosed”, “substantially enclosed” and “not enclosed or substantially enclosed” mean.