“Outdoor care settings for children” are the outdoor areas of those premises which are registered under Part 2 of the Children and Families (Wales) Measure 2010, and are premises which provide day care or childminding for a child or children under the age of 12. These outdoor areas are only required to be smoke-free when the premises is being used for day care or childminding. In the case of a childminder providing care in their home, the outdoor areas of the home are required to be smoke-free if one or more of the children are in the outdoor area. The legislation includes a duty which requires that the manager or childminder responsible for the setting must take reasonable steps to stop smoking there. There is no requirement for ‘No Smoking’ signs to be displayed in outdoor care settings for children. However managers and childminders can display ‘No Smoking’ signs in their outdoor areas if they wish to do so and we have published a template here: https://gov.wales/smoking-ban-no-smoking-sign-premises
For further information on what is required, Welsh Government published guidance here: https://gov.wales/smoke-free-law-guidance-changes-march-2021-html#section-58231.
If there are any questions on the introduction of the legislation or its requirements, please contact the tobacco policy team on [email protected]
You may also be interested in https://www.earlyyears.wales/en/news/smoke-free-law-guidance-changes-march-2021