PART 3TOBACCO AND NICOTINE PRODUCTS
CHAPTER 1SMOKING
Smoke-free premises
I19Outdoor care settings for children
1
Outdoor care settings in Wales are smoke free for the purposes of this Chapter.
2
Premises are an outdoor care setting so far as—
a
they are not enclosed or substantially enclosed, and
b
they are within subsection (3) or (4).
3
Premises are within this subsection if—
a
they are registered under Part 2 of the Children and Families (Wales) Measure 2010 (nawm 1) (the “2010 Measure”) as being premises at which a person is authorised to provide day care for children, or
b
they form part of premises that are so registered.
4
Premises are within this section if they form part of premises (the “domestic premises”) that are the usual place of residence of a person registered to act as a child minder under Part 2 of the 2010 Measure.
5
An outdoor care setting within subsection (3) is smoke free by virtue of this section only when day care for children is being provided—
a
in the outdoor care setting, or
b
in premises registered under Part 2 of the 2010 Measure (whether or not enclosed or substantially enclosed) of which the outdoor care setting forms part.
6
An outdoor care setting within subsection (4) is smoke free by virtue of this section only when—
a
the child minder is acting as a child minder in the domestic premises (whether or not in a part of them that is enclosed or substantially enclosed) for at least one child, and
b
that child or, as the case may be, at least one of those children is in the outdoor care setting.
7
For the purposes of this section, references to providing day care and acting as a child minder have the same meaning as in the 2010 Measure.
8
Premises are not to be treated as being within subsection (3) or (4) so far as they consist of the grounds of a school (for which see section 10 (school grounds)).