- Draft legislation
This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Prohibition of Smoking Outside Hospital Buildings (Scotland) Regulations 2022 No. 152
6.—(1) Buildings of the following description are not hospital buildings for the purposes of Part 1 of the Act, that is buildings that are not—
(a)used for the reception and treatment of persons suffering from illness,
(b)a maternity home,
(c)used for the reception and treatment of persons during convalescence or persons requiring medical rehabilitation,
(d)used for providing dental treatment and maintained in connection with a dental school,
(e)a clinic, dispensary or out-patient department maintained in connection with any building falling within sub-paragraphs (a) to (d),
(f)used to provide a corridor, walkway or other link between buildings used for any of the purposes mentioned in sub-paragraphs (a) to (e).
(2) In this regulation “illness” includes—
(a)mental disorder within the meaning of section 328 (meaning of “mental disorder”) of the Mental Health (Care and Treatment) (Scotland) Act 2003(1), and
(b)any injury or disability requiring medical or dental treatment or nursing.
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