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)).