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'(1) The appropriate national authority may make regulations providing for specified descriptions of premises, or specified areas within specified descriptions of premises, not to be smoke-free despite section 2.
(2) Descriptions of premises which may be specified under subsection (1) include, in particular—
(a) any premises where a person has his home, or is living whether permanently or temporarily (including hotels, care homes, and prisons and other places where a person may be detained),
(b) except as mentioned in subsection (5), any premises in respect of which a club premises certificate (within the meaning of section 60 of the Licensing Act 2003 (c. 17)) has effect.
(3) The power to make regulations under subsection (1) is not exercisable so as to specify any description of premises in respect of which a premises licence under the Licensing Act 2003 (c. 17) authorising the consumption of alcohol on the premises has effect.
(4) But subsection (3) does not prevent the exercise of that power so as to specify any area, within a specified description of premises mentioned in subsection (3), where a person has his home, or is living whether permanently or temporarily.
(5) If both a club premises certificate and a premises licence authorising the consumption of alcohol on the premises have effect in respect of any premises, those premises are to be treated for the purposes of this section as if only the premises licence had effect in respect of them.
(6) The regulations may provide, in relation to any description of premises or areas of premises specified in the regulations, that the premises or areas are not smoke-free—
(a) in specified circumstances,
(b) if specified conditions are satisfied, or
(c) at specified times,
or any combination of those.
(7) The conditions may include conditions requiring the designation in accordance with the regulations, by the person in charge of the premises, of any rooms in which smoking is to be permitted.'.—[Ms Hewitt.]
Brought up, and read the First time.