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Smoking ban: what does this mean for your care service?

24 May 2007

Find out what changes are needed to your service from the new law that will ban smoking in public places like care homes.

The legislation introduced by the Department of Health from 1 July 2007 will affect:

Care homes

Smoking will only be allowed in certain rooms that are clearly marked – such as a bedroom or designated room that can be accessed by all residents.

These rooms will be checked by your local council and must meet the requirements of Regulation 2 of the Smoke-free (Premises and Enforcement) Regulations 2006.

New website and extra guidance

You can find a range of booklets, guidance and posters from the NHS website called SmokeFreeEngland (takes you to another website) 

Key regulations

Read the key regulations for care services available from the Office of Public Sector Information website:

Note – mental health units

Under Regulation 10 of the Smoke-free (Exemptions and Vehicles) Regulations 2007, mental health units are not included in the new law until 1 July 2008.

These units are not care homes - they are medical treatment centres regulated by the Healthcare Commission.

Domiciliary care and nurses agencies

People’s homes do not have to be smoke free when a carer or nurse is providing personal or nursing care.

Staff who don’t smoke may ask to use a smoke free room that has not been used for smoking within the last hour of their visit - and it should be well–ventilated, for example with opened windows.

Read the regulation about smoking in people’s homes on the Office of Public Sector Information website:

Your staff

You will need to find out how to cut down the level of smoke your staff are exposed to and help protect them from second-hand smoke.

Useful links

Find out more

  • Get advice from the SmokefreeEngland website
  • Call the helpline on 0800 169 1697

Get help using PDFs Get help using PDFs

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