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

Regulation 4(3)

SCHEDULE 2E+WAlert Level 2 Restrictions

PART 1E+WRestrictions on gathering

Restriction on gatherings in private dwellingsE+W

F11.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Restriction on gatherings in public placesE+W

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

[F2(a)takes place indoors, F3... other than in a private dwelling, and]

(b)consists of more than [F46] people, not including—

(i)any children under the age of 11 [F5, as long as the persons participating in the gathering (including any children under the age of 11) are from no more than 6 households], or

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

[F6(2) But a person may participate in such a gathering if all the persons participating in the gathering are members of the same household.

F7(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

F8(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) For the purposes of sub-paragraphs (1) F11... 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.

[F12(j)visiting a person who is resident in a care home, with the permission of the service provider.]

(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;

[F13(e)participating in [F14a gathering at regulated premises] to—

(i)celebrate a solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony that took place on or after [F151 December 2021];

(ii)celebrate the life of a deceased person whose funeral is held on or after [F161 December 2021];]

(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 [F17a regulated gathering that takes place [F18to any extent] indoors and] at which—

(i)no more than [F1930] people are in attendance, not counting persons under the age of 11 or persons working, or providing voluntary services, [F20at the gathering], and

(ii)no alcohol is consumed;

F21(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F22(k)participating in or facilitating an [F23regulated gathering] F24... for the development or well-being of [F25children] (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.

[F26(8) For the purposes of this paragraph, a gathering in holiday or travel accommodation is to be treated as if it were a gathering in a private dwelling.]

Textual Amendments

F19Word in Sch. 2 para. 2(6)(i)(i) substituted (26.4.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(13)(b)(vii)(bb)

Commencement Information

I1Sch. 2 para. 2 in force at 20.12.2020, see reg. 1(3)

Extended householdsE+W

F273.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

PART 2E+WRestrictions on organising events

Prohibition on organising eventsE+W

4.—[F28[F29(1) No person may, without a reasonable excuse, be involved in organising an event [F30held to any extent indoors.]]

(1A) For the purposes of this paragraph, a person working, or providing voluntary services, in relation to the holding of an event is not to be treated as attending the event.]

[F31(2) Sub-paragraph (1) does not apply to a person involved in organising—

(a)an event held at a private dwelling at which people do not participate in a gathering in contravention of [F32regulation 37(2)];

(b)an event authorised by the Welsh Ministers under paragraph 5;

(c)a solemnisation of a marriage, formation of a civil partnership or an alternative wedding ceremony;

(d)a funeral;

(e)[F33a gathering at regulated premises], to—

(i)celebrate a solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony that took place on or after [F341 December 2021];

(ii)celebrate the life of a deceased person whose funeral is held on or after [F351 December 2021];

(f)a regulated gathering that takes place to any extent indoors and at which—

(i)no more than 30 people are in attendance, F36... and

(ii)no alcohol is consumed;

F37(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h)a regulated gathering F38... 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).

[F39(i)an event that is held at regulated premises, other than at holiday or travel accommodation, and at which—

(i)no more than 6 people are in attendance, or

(ii)all of the people in attendance are members of the same household;

(j)an event that is any of the following, where it is held in premises ordinarily used for that purpose—

(i)the showing of a film,

(ii)an entertainment performance where no more than 200 people are in attendance F40...,

(iii)a market, or

(iv)a religious service;

(k)an elite sporting event at which the only people present are elite athletes and persons working or providing voluntary services for the event;

F41(l). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42(m). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]]

[F43(2A) In determining, for the purposes of sub-paragraph (2), the number of persons in attendance at an event, no account is to be taken of—

(a)any children under the age of 11,

(b)the carer of any person in attendance, or

(c)any person working, or providing voluntary services, at the event.]

(3) For the purposes of sub-paragraph (1)—

(a)a person is not involved in organising an event if the person's only involvement is attending it;

F44(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F45(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F45(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I2Sch. 2 para. 4 in force at 20.12.2020, see reg. 1(3)

Authorised eventsE+W

5.—[F46(1) The Welsh Ministers may give authorisation in writing for an event to be held.]

F47(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) An authorisation may be given under sub-paragraph (1) in relation to a particular event or a particular description of events.

(4) An authorisation under sub-paragraph (1)—

(a)must be given to a person the Welsh Ministers consider is responsible for organising the event, and

(b)may require the event to be held in accordance with any requirements, restrictions or other conditions as may be specified by the Welsh Ministers.

[F48(4A) A requirement, restriction or other condition specified by the Welsh Ministers in an authorisation given under sub-paragraph (1) may modify [F49regulation 16] [F50, 16ZA or 16ZB] (requirement to take all reasonable measures to minimise exposure to coronavirus) for a specified period in so far as it applies to the premises at which the event is held.]

(5) The Welsh Ministers must publish—

(a)an authorisation given under sub-paragraph (1), and

(b)details of any requirements, restrictions or other conditions specified by the Welsh Ministers in relation to an event to be held under the authorisation.

(6) The Welsh Ministers may withdraw an authorisation at any time by giving notice in writing to the person to whom the authorisation was given.

(7) An authorisation may be withdrawn under sub-paragraph (6) only if the Welsh Ministers —

(a)have reasonable grounds to believe that the event will not be held, or is not being held, in accordance with a requirement, restriction or other condition specified by them, or

(b)consider that it is necessary and proportionate to withdraw the authorisation for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection by coronavirus.

Textual Amendments

Commencement Information

I3Sch. 2 para. 5 in force at 20.12.2020, see reg. 1(3)

F51PART 3E+WRestrictions on travelling

Textual Amendments

Restriction on travel to and from Alert Level 2 areaE+W

F516.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 4E+WRestrictions on certain businesses and services

Closure of premises used by certain businesses and servicesE+W

7.—(1) A person responsible for carrying on or providing a business or service listed in paragraph 9 F52... must—

(a)close to members of the public any premises operated as part of the business or service, and

(b)not carry on the business or service at such premises otherwise than in accordance with this regulation.

(2) Sub-paragraph (1) does not prevent—

(a)carrying out maintenance and repairs or other work to ensure premises are suitable for use when sub-paragraph (1) no longer applies to the premises;

(b)the use of premises for any purpose as may be requested or authorised by the Welsh Ministers or a local authority;

(c)the use of premises to broadcast without an audience present at the premises (whether over the internet or as part of a radio or television broadcast) or to rehearse F53... ;

(d)the use of premises for the provision of services or information (including the sale, hire or delivery of goods or services)—

(i)through a website, or otherwise by on-line communication,

(ii)by telephone, including by text message, or

(iii)by post.

(3) Where—

(a)a person responsible for carrying on a business (“business A”) is required by virtue of this paragraph to cease carrying on business A at premises, and

(b)business A forms part of a larger business (“business B”),

the requirement in this paragraph is complied with if the person responsible for carrying on business B ceases to carry on business A at the premises.

Textual Amendments

F53Words in Sch. 2 para. 7(2)(c) omitted (13.3.2021 immediately before the start of the day) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 5) Regulations 2021 (S.I. 2021/307), regs. 1(2), 2(5)(b)

Commencement Information

I4Sch. 2 para. 7 in force at 20.12.2020, see reg. 1(3)

Restrictions on licensed premisesE+W

F548.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Businesses or services whose premises must be closedE+W

9.  Nightclubs, discotheques, dance halls or other venues authorised for the sale or supply of alcohol where live or recorded music is provided for members of the public or members of the venue to dance.

Commencement Information

I5Sch. 2 para. 9 in force at 20.12.2020, see reg. 1(3)

F5510.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F5611.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments