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

[F1CHAPTER 2E+WBusinesses or services whose premises are required to be closed

Textual Amendments

Closure of businesses and servicesE+W

9.—(1) A person responsible for carrying on a business or providing a service which is listed in paragraphs 18 to 35 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 paragraph.

(2) In its application to a business or service listed in paragraphs 27 (funfairs, amusement parks and theme parks), 28 (holiday, leisure activity or events businesses), 29 (museums and galleries), 32 (trampoline parks and centres), F2... 34 (venues for events or conferences (including venues for weddings)) and 35 (visitor attractions), sub-paragraph (1) does not apply to—

(a)a public outdoor area of the premises, or

(b)a public indoor area of the premises where it is necessary for the indoor area to be open—

(i)to allow access to a public outdoors area,

(ii)for health and safety reasons, or

(iii)to ensure that the requirements in Part 4 of these Regulations are complied with in relation to the premises.

(3) 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;

(d)the use of premises for the provision of goods or services (including their sale, hire, collection or delivery) in response to an order or enquiry made—

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

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

(iii)by post;

(e)the use of premises for the provision of information—

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

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

(iii)by post.

[F3(4) Despite sub-paragraph (1), a person responsible for carrying on a business or providing a service listed in paragraph 28 (holiday, leisure activity or events businesses) may open the indoor areas of its premises to the public, but only for the purposes of facilitating [F4a regulated gathering] for the development or well-being of persons who were aged under 18 on 31 August 2020 (including sports, music and other recreational activities such as those provided for children outside of school hours and during school holidays).]

(5) 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

F2Words in Sch. 3 para. 9(2) omitted (3.5.2021 immediately before the start of the day) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 9) Regulations 2021 (S.I. 2021/542), regs. 1(2), 2(5)(b)(i)