Wales

Although this term is not defined, a definition is not strictly necessary because the term is not used in the law or regulations. The law’s smoke free measures provide that “premises are smoke free,” rather than prohibiting “second hand smoke.” Therefore, a definition of “second hand smoke” is not necessary for interpretation of the law.

References to smoking are to smoking tobacco or anything which contains tobacco, or to smoking any other substance; and smoking includes being in possession of lit tobacco or of anything lit which contains tobacco, or being in possession of any other lit substance in a form in which it could be smoked.

The definition of “smoking” aligns with the definition provided in the FCTC Art. 8 Guidelines and its scope is more comprehensive than the FCTC Art. 8 Guidelines’ definition because it includes any lit substance that can be smoked, even if it is not derived from tobacco.

Premises are open to the public . . . if the public or a section of the public has access to them, whether by invitation or not, and whether on payment or not.

“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).

The definitions of “premises open to the public” and “premises” (which includes temporary structures), when taken together, align with the definition of “public place” provided in the FCTC Art. 8 Guidelines.

(2) A “workplace” means premises that are—
(a) used as a place of work by more than one person (even if the persons who work there do so at different times, or only intermittently), or
(b) used as a place of work by no more than one person but where members of the public might attend for the purpose of seeking or receiving goods or services from the person working there (even if members of the public are not always present).
…
(6) “Work”, in subsection (2), includes voluntary work.

Although “workplace” is not defined in the definitions section, Sec. 7 of the Act substantively covers what is considered a workplace. These substantive provisions align with the FCTC Art. 8 Guidelines definition of “workplace,” but they could be clarified by explicitly stating that common areas frequented during the course of employment constitute part of the workplace.

Public Health (Wales) Act 2017: “Vehicle” (“cerbyd”) includes a train, tram, vessel, hovercraft and aircraft.

Smoke-free Premises and Vehicles (Wales) Regulations 2020: "Vehicle” (“cerbyd”) does not include—
(a) aircraft, nor
(b) a ship or hovercraft in relation to which regulations could be made under section 85 of the Merchant Shipping Act 1995 including that section as applied by any Order in Council under section 1(1)(h) of the Hovercraft Act 1968.

The law provides a definition of “vehicle” rather than “public transportation.” Substantive provisions provide that a vehicle is smoke free if it is used for transport of members of the public.

However, the definition of “vehicle” provided in the regulations specifically excludes aircraft and watercraft. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should define “public transport” in accordance with the definition provided in the FCTC Art. 8 Guidelines and apply the smoke-free provisions to all public transport.

(1) For the purposes of Chapter 1 of Part 3 of the [Public Health (Wales) Act 2017] —
(a) premises, or parts of premises, are enclosed if—
(i) they have a ceiling or a roof, and
(ii) except for doors, windows and passageways, they are wholly enclosed either permanently or temporarily;
(b) a vehicle, or part of a vehicle, is enclosed if—
(i) it has a roof, and
(ii) except for doors and windows, it is wholly enclosed either permanently or temporarily.

(2) For the purposes of Chapter 1 of Part 3 of the [Public Health Act (Wales) 2017], premises, or parts of premises, are substantially enclosed if—
(a) they have a ceiling or a roof, and
(b) any openings in the walls have a total area which is less than half the area of the walls,
including other structures which serve the purpose of walls and constitute the perimeter of the premises

Regulations provide a definition of “enclosed premises” and “substantially enclosed premises.” The smoking prohibition applies equally to both types of premises. Together, the definitions of “enclosed” and “substantially enclosed” provide less protection than intended by the Art. 8 Guidelines because they allow smoking in areas that are 50% enclosed, whereas the FCTC Art. 8 Guidelines call for a prohibition on smoking in areas with one or more walls and a roof.

To fully align with the FCTC Art. 8 Guidelines, a definition of “indoor” or “enclosed” should be provided in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Technically, a definition of “tobacco products” is not necessary because the law does not prohibit smoking “tobacco products,” but rather prohibits “smoking tobacco or anything which contains tobacco, or smoking any other substance.”