The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020

PART 1 Restrictions on gathering

Restriction on gatherings in private dwellings

1.—(1) No person may, without a reasonable excuse, participate in a gathering in a private dwelling—

(a) indoors, with any other person apart from members of their household or extended household

(b) outdoors, which consists of more than 4 people unless all the persons participating in the gathering are members of the same household or extended household.

(2) In determining, for the purposes of sub-paragraph (1)(b), the number of persons participating in a gathering no account is to be taken of—

(a) any children under the age of 11, or

(b) the carer of a person who is participating in the gathering.

(3) For the purposes of sub-paragraph (1), a person has a reasonable excuse if—

(a) the person is participating in the gathering for a purpose that is reasonably necessary and there is no reasonably practicable alternative, or

(b) one of the circumstances in sub-paragraph (5) applies.

(4) Examples of purposes for which it may be reasonably necessary for a person to participate in a gathering include—

(a) obtaining or providing medical assistance, or accessing veterinary services;

(b) working or providing voluntary or charitable services;

(c) meeting a legal obligation;

(d) providing, receiving or accessing care or assistance, including childcare or relevant personal care within the meaning of paragraph 7(3B) of Schedule 4 to the Safeguarding of Vulnerable Groups Act 2006, where the person receiving the care is a vulnerable person;

(e) in relation to children who do not live in the same household as their parents, or one of their parents, continuing existing arrangements for access to, and contact between, parents and children, and for the purposes of this paragraph, “parent” includes a person who is not a parent of the child, but who has parental responsibility for, or who has care of, the child;

(f) moving home;

(g) undertaking activities in connection with the purchase, sale, letting, or rental of residential property;

(h) accessing or receiving educational services.

(5) The circumstances referred to in sub-paragraph (3)(b) are that the person is—

(a) providing or receiving emergency assistance;

(b) avoiding illness, injury or other risk of harm;

(c) participating in a gathering of no more than 4 people where all the persons in the gathering—

(i) live in the same premises, and

(ii) share toilet, washing, dining or cooking facilities with each other.

(6) This paragraph does not apply to a person who is homeless.

Restriction on gatherings in public places

2.—(1) No person may, without a reasonable excuse, participate in a gathering which—

(a) takes place anywhere other than—

(i) in a private dwelling, or

(ii) in holiday or travel accommodation, and

(b) consists of more than 4 people, not including—

(i) any children under the age of 11, or

(ii) the carer of a person who is participating in the gathering.

(2) But a person may participate in such a gathering which—

(a) takes place indoors or in any part of regulated premises that is outdoors, if all the persons participating in the gathering are members of the same household, or

(b) takes place outdoors other than in regulated premises, if all the persons participating in the gathering are—

(i) members of the same household, or

(ii) members of the same extended household.

(3) No person may, without a reasonable excuse, participate in a gathering which takes place in holiday or travel accommodation unless all the persons participating in the gathering are members of the same household.

(4) For the purposes of sub-paragraphs (1) and (3), a person has a reasonable excuse if—

(a) the person is participating in the gathering for a purpose that is reasonably necessary and there is no reasonably practicable alternative, or

(b) one of the circumstances in sub-paragraph (6) applies.

(5) Examples of purposes for which it may be reasonably necessary for a person to participate in a gathering include—

(a) obtaining or providing medical assistance, or accessing veterinary services;

(b) working or providing voluntary or charitable services;

(c) meeting a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings;

(d) providing, receiving or accessing care or assistance, including childcare or relevant personal care within the meaning of paragraph 7(3B) of Schedule 4 to the Safeguarding of Vulnerable Groups Act 2006, where the person receiving the care is a vulnerable person;

(e) in relation to children who do not live in the same household as their parents, or one of their parents, continuing existing arrangements for access to, and contact between, parents and children, and for the purposes of this paragraph, “parent” includes a person who is not a parent of the child, but who has parental responsibility for, or who has care of, the child;

(f) moving home;

(g) undertaking activities in connection with the purchase, sale, letting, or rental of residential property;

(h) accessing or receiving public services;

(i) accessing or receiving educational services.

(6) The circumstances referred to in sub-paragraph (4)(b) are that the person is—

(a) providing or receiving emergency assistance;

(b) avoiding illness, injury or other risk of harm;

(c) attending a solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony—

(i) as a party to the marriage, civil partnership or alternative wedding,

(ii) if invited to attend, or

(iii) as the carer of a person attending;

(d) attending a funeral—

(i) as a person responsible for arranging the funeral,

(ii) if invited by a person responsible for arranging the funeral, or

(iii) as the carer of a person attending;

(e) participating in a gathering of no more than 15 people at regulated premises, not counting persons under the age of 11 or persons working at the premises, to—

(i) celebrate a solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony that takes place on or after 22 August 2020;

(ii) celebrate the life of a deceased person whose funeral is held on or after 22 August 2020;

(f) attending a place of worship;

(g) an elite athlete and is training or competing;

(h) providing coaching or other support to an elite athlete, or providing support at an elite sporting event;

(i) participating in or facilitating an indoor organised activity at which—

(i) no more than 15 people are in attendance, not counting persons under the age of 11 or persons working, or providing voluntary services, as part of the activity, and

(ii) no alcohol is consumed;

(j) participating in or facilitating an outdoor organised activity at which—

(i) no more than 30 people are in attendance, not counting persons under the age of 11 or persons working, or providing voluntary services, as part of the activity, and

(ii) no alcohol is consumed;

(k) participating in or facilitating an organised activity for the development or well-being of children (including sports, music and other recreational activities such as those provided for children outside of school hours and during school holidays);

(l) attending or facilitating an event authorised by the Welsh Ministers in accordance with paragraph 5.

(7) This paragraph does not apply to a person who is homeless.

Extended households

3.—(1) 2 households may agree to be treated as an extended household.

(2) In addition to the 2 households who may agree to be treated as an extended household under sub-paragraph (1), 1 single adult household may also agree to be treated as part of that extended household.

(3) To agree to be treated as an extended household, all of the adult members of the 2 households must agree.

(4) A household may only agree to be treated as being in 1 extended household.

(5) Where households have agreed to be treated as an extended household under paragraph 3 of Schedule 1 an agreement under this paragraph may be made only between those households.

(6) Where households have agreed to be treated as an extended household under—

(a) paragraph 3 of Schedule 3, or

(b) paragraph 3 of Schedule 4,

those households are to be treated as having agreed to be treated as an extended household under this paragraph.

(7) A household ceases to be treated as being in an extended household if any adult member of the household ceases to agree to be treated as being in the extended household.

(8) If a household ceases to be treated as being in an extended household, the household may not agree to be treated as being in an extended household with any other household.

(9) In this Schedule, references to an extended household are references to an extended household formed under or by virtue of this paragraph.