Smoking

The different British jurisdictions have different rules on smoking.

England

• Health Act 2006 — Amongst other things, this Act makes provision for the prohibition of smoking in certain premises, places and vehicles. This includes enclosed or substantially enclosed areas of mental health units.
• Smoke-free (Exemptions and Vehicles) Regulations 2007 — Reg 10 allows for a temporary exemption to the Health Act 2006 definition of "smoke free" for a "designated room for the use of patients aged 18 years or over in residential accommodation in a mental health unit". The exemption ran out on 28 July 2008.
• R (G) v Nottinghamshire Healthcare NHS Trust [2008] EWHC 1096 (Admin) — HUMAN RIGHTS — Right to respect for private and family life — Smoking ban — Claimants detainees at high security psychiatric hospital — Regulation providing mental health units temporary exemption from smoking ban — Whether regulation to be read as providing mental health units with permanent exemption — Whether interference with claimants’ Convention rights — Human Rights Act 1998, s 3(1), Sch 1, Pt 1, arts 8, 14 — Smoke-free (Exemption & Vehicles) Regulations 2007 (SI 2007/765), reg 10(3). A provision which had the effect of prohibiting smoking in a high security psychiatric hospital was not incompatible with the human rights of detained mental patients and was not unlawful.§
• Guardian, 'Smokers win right to challenge hospital ban' (6/5/11). Silber J gave permission to seek judicial review of Chadwick Lodge's policy of prohibiting smoking on hospital grounds (indoors or outdoors) or on escorted community leave.

Wales

• Health Act 2006 — Amongst other things, this Act makes provision for the prohibition of smoking in certain premises, places and vehicles. This includes enclosed or substantially enclosed areas of mental health units.
• Smoke-free Premises etc. (Wales) Regulations 2007 — Regulation 3 provides for a permanent exemption to the anti-smoking Health Act 2006, for "designated rooms for use by those aged 18 years or more" in a "mental health unit which provides residential accommodation for patients".

Scotland

• Consultation on making Scottish mental health services "smoke free"
• Scottish Government news release: Towards a smoke-free future - 22/3/10 - New guidance is being prepared to help mental health service providers in Scotland take the next step towards banning smoking.

External links

• BBC: Surrey prisoner seeks tobacco ban damages, 22/3/10
• RCGP and RCPsych: Pharmacy Guidance on Smoking and Mental Health - February 2010
• RCGP and RCPsych: Primary Care Guidance On Smoking and Mental Health - December 2008