"I do not accept that the purpose of the Act would be wholly frustrated if Chapter 1 of Part 1 did not apply to the Crown. Although it is true that the 2004 White Paper (i) recognised the dangers of both active and passive smoking, (ii) noted a change in public attitude to smoking restrictions over recent years and (iii) expressed the desire to “shift the balance significantly” in favour of smoke-free environments, nevertheless it also stated that whether to ban smoking in certain establishments (including prisons) would need to be the subject of consultation. In other words, it acknowledged that it would not necessarily be appropriate to extend the smoking ban to all premises. Although the general aim of the Act was to shift the balance in favour of smoke-free environments, the Act did not require all premises to be smoke-free. Smoke-free premises are carefully defined. Moreover, there is a wide power in section 3(1) to pass regulations excluding categories of premises from the reach of section 2. The purpose of the Act cannot, therefore, be said to be to apply Chapter 1 of Part 1 to all premises. In these circumstances, it is impossible to hold that, if Chapter 1 of Part 1 were not to apply to the Crown, the purpose of the Act would be wholly frustrated."