Part 3: Working from home and other exemptions

In general, the laws do not cover private dwellings. However, any enclosed or substantially enclosed part of a premises shared with other premises, such as a communal stairwell in a block of flats, will be required to be smokefree if it is open to the public or is used as a place of work - such as by a cleaner, postman or security guard.

The law does not require self-contained residential accommodation for temporary or holiday use - for example, holiday cottages or caravans - to be smokefree.

One of the big questions for employers is whether or not the smokefree regulations apply to anyone working from home.

Here, the Department of Health makes it clear that any part of a private dwelling used solely for work purposes will be required to be smokefree if it is used by more than one person who does not live at the dwelling, or if members of the public attend to deliver or to receive goods and/or services.

That said the ban does not apply in a private dwelling where work is undertaken solely to:

> Provide personal care for a person living in the dwelling

> Assist with the domestic work of the household in the dwelling

> Maintain the structure or fabric of the dwelling

> Install, maintain or remove any service provided to the dwelling for the benefit of persons living in it.

It is also worth noting that designated hotel rooms may also be exempt from the regulations.

Other exemptions include:

> Care homes, hospices and prisons, which may designate either individual bedrooms or rooms to be used only for smoking for use by persons over 18 years of age.

> Residential mental health units may also designate either individual bedrooms or rooms to be used only for smoking for use by persons over 18 years of age, but this exemption applies only until 1 July 2008.

> Offshore installations may designate rooms to be used only for smoking.

> Specialist tobacconist shops may allow people to sample cigars or small amounts of pipe tobacco within the shop premises. Smoking of any other products, including cigarettes, is prohibited.

> Research and testing facilities may designate certain rooms for smoking only while the rooms are being used for any research or testing activities specified.

Next, we look at vehicles...