THE ruling came from on high. The Smoking, Health and Social Care (Scotland) Act 2005, which comes into force on March 26, does not extend to climbers' bothies.

It means that police and environmental health officers can stick to touring pubs, restaurants and golf clubs to check on compliance, instead of bringing the long legs of the law into play 3000ft up.

The debate was already under way on the Mountaineering Council of Scotland's website after council members detected some ambiguity in the guidance as to how the law would apply to bothies.

The possibility of the mountain shelters being smoke-free zones conjured up a picture of climbers echoing the immortal words of Captain Oates in the Antarctic: "I am just going outside . . . I may be some time, " before trying to light up in the teeth of a howling gale. Ken Christie, who raised the issue on the website, confessed: "In reading the act I'm not sure whether these bothies fall underAppendix B.8/11 and are therefore included or whether they fall under appendix C.1 and are exempt.

However, a Scottish Executive spokesman told The Herald: "A bothy falls into the same category as a self-catering cottage. As such it is exempt from the new act."

Already, though, mixed feelings have emerged among climbers about the possible ban. Stewart Love was clearly looking forward to it: "Most smokers I know that go to huts go outside to smoke anyway, but they are not private houses and can be used by some members of the public, so should be non-smoking."

Another contributor to the website, Kevin, was even more forceful: "It is my opinion that smoking should be banned in all huts and surrounding areas and people who wish to smoke should be made to stand by the side of the road, particularly when it is raining."

Helen said: "Like Stewart, I've never known anyone to smoke inside huts or bothies. I am sure if it has happened and people complain it is refrained from. So, should we waste time debating something that isn't happening?"

Robert McKay countered: "If I'm in an otherwise empty bothy, I'll be having a fag. End of story, who is going to stop me?"

On lower ground, Holyrood officials were under attack yesterday after creating a "designated smoking area" in the parliament's grounds.

A month before the start of the smoking ban approved by MSPs, two bins for cigarette ends have been installed in the courtyard of Holyrood's A-listed Queensberry House block.

Earlier this year, the parliament decided against creating a special smokers' shelter in the same spot at a cost of up to GBP40,000.

At the time, officials said anyone wanting to light up would have to leave the parliament's grounds.