Grounds of schools that provide residential accommodation to pupils: designated areas
10.—(1) Before an area within paragraph (2) may be designated under section 10(5) of the Act as an area in which smoking is permitted and so treated as not being smoke-free, conditions 1 and 2 must be met.
(2) An area is within this paragraph if it is an area in premises consisting of grounds that adjoin a school that provides residential accommodation to pupils that would (but for this regulation) be smoke-free by virtue of section 10 of the Act.
(3) Condition 1 is that the person in charge of the premises specifies persons or descriptions of persons (“permitted persons”) who may use the area but a child may not be specified.
(4) Condition 2 is that the area—
(a)is no more than 8.25 square metres,
(b)is at least 10 metres away from any other premises that are smoke-free by virtue of the Act (other than the premises within paragraph (2)), and
(c)is clearly marked as an area in which a permitted person may smoke.
(5) The person in charge of the premises must keep a record of all of the areas which have been designated under section 10(5) of the Act and of permitted persons.
(6) The person in charge of the premises may vary or withdraw a designation at any time.