Smoking ban – the exemptions for care homes

Posted on May 1st, by editor in Caring Times. No Comments

*On July 1st, the smoke-free provisions of the Health Act 2006 come into force. PETER GROSE examines the general rules and the exemptions that apply to care homes and hospices.* From July 1st, it will become a criminal offence to smoke or to permit smoking in work places. In fact the new law will apply to virtually all “enclosed” and “substantially enclosed” public places and work places, including vehicles. “Vehicle” is defined in Section 5(5) of the Health Act 2006 to include trains as well as cars, vans, lorries etc but aircraft, most ships and hovercraft are excluded by the Smoke-free (Exemptions and Vehicles) Regulations 2007 (“the Exemptions Regulations”). The general rule is that an enclosed vehicle (and any enclosed part of a vehicle) must be smoke-free if it is used: (a) by members of the public or a section of the public or (b) in the course of paid or voluntary work by more than one person (even if those persons use the vehicle at different times). Note that the care home exemption

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