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

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Changes over time for: SCHEDULE 3A

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Version Superseded: 26/04/2021

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Point in time view as at 24/04/2021.

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Regulation 4(6A)

[F1SCHEDULE 3AE+WTemporary Alert Level 3 Restrictions

Textual Amendments

PART 1E+WRestriction on gathering

Restriction on gatherings in private dwellingsE+W

1.—(1) No person may, without a reasonable excuse, participate in a gathering in a private dwelling unless all the persons participating in the gathering are members of the same household or extended household.

(2) But a person may participate in such a gathering outdoors if the gathering consists of no more than 6 persons F2....

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

(a)any children under the age of 11 [F3, 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

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

(4) 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 (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;

(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.

(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;

[F4(ba)participating in a gathering for the purposes of obtaining or providing—

(i)medical or health services, including services relating to mental health, and services provided by dentists, opticians, optometrists, audiologists, chiropodists, chiropractors, osteopaths, physiotherapists and acupuncturists;

(ii)a close contact service;]

(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.

F5(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Textual Amendments

Restriction on gatherings in holiday or travel accommodationE+W

2.—(1) No person may, without 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 or extended household.

[F6(1A) But a person may participate in such a gathering outdoors if the gathering consists of no more than 6 persons.

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

(a)any children under the age of 11, as long as the persons participating in the gathering (including any children under the age of 11) are from no more than 6 households;

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

(2) 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 (4) applies.

(3) 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.

(4) The circumstances referred to in sub-paragraph (2)(b) are that the person is—

(a)providing or receiving emergency assistance;

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

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

Textual Amendments

Restriction on gatherings in public placesE+W

3.—(1) No person may, without a reasonable excuse, participate in a gathering which takes place in premises to which neither paragraph 1 nor 2 applies unless all the persons participating in the gathering are members of the same household.

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

(a)all the persons participating in the gathering are members of the same extended household, or

(b)the gathering consists of no more than 6 persons from no more than 2 households.

(3) In determining, for the purposes of sub-paragraph (2)(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.

(4) 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 (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;

(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;

(e)attending a place of worship;

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

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

(h)participating in or facilitating an outdoor organised activity 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).

F7(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Textual Amendments

Extended householdsE+W

4.—(1) A well-being needs household and another household may agree to be treated as an extended household.

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

(3) A household may only agree to be treated as being in 1 extended household at any one time.

(4) Where households have agreed to be treated as an extended household under paragraph 3 of Schedule 4, those households are to be treated as having agreed to be treated as an extended household under this paragraph.

(5) A household ceases to be treated as part of an extended household if any member of the household ceases to agree to be treated as part of the extended household.

(6) Sub-paragraph (7) applies where—

(a)a person who would be, or is, a member of an extended household is a child, and

(b)a person who has parental responsibility for the child (“P”) is a member of the child’s household.

(7) Where this sub-paragraph applies—

(a)the agreement required by sub-paragraph (2) is to be given by P (and not the child), and

(b)a household ceases to be treated as part of an extended household in accordance with sub-paragraph (5) if P ceases to agree to be treated as part of the extended household (whether or not the child also ceases to agree).

(8) If a household ceases to be treated as part of an extended household, the household may not agree to be treated as part of an extended household with any other household unless a period of at least 10 days has expired since any member of the household last participated in a gathering with any member of another household in reliance on being treated as part of an extended household with that household.

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

(10) In this paragraph, “well-being needs household” means—

(a)a single adult household;

(b)a household comprising of 1 or more children and no adults;

(c)a household comprising of—

(i)2 or more adults,

(ii)1 or more children under the age of 1, and

(iii)any number of other children.

PART 2E+WRestrictions on organising events

Prohibition on organising eventsE+W

5.—(1) No person may, without a reasonable excuse, be involved in organising—

(a)an event held wholly or mainly indoors at which more than 15 people are in attendance, or

(b)an event held wholly or mainly outdoors at which more than 30 people are in attendance,

not counting persons under the age of 11 or persons working, or providing voluntary services, at the event.

(2) 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;

(b)a reasonable excuse includes where the person has taken all reasonable measures to ensure that no more than 15 or 30 people are in attendance, as the case may be;

(c)the following are not to be treated as events—

(i)the showing of a film at a drive-in cinema;

(ii)a performance at a drive-in theatre;

(iii)a market;

(iv)a religious service;

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

F8PART 3E+WRestrictions on travelling

Textual Amendments

Restriction on travel to and from Alert Level 3 areaE+W

F86.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 4E+WRestrictions on certain businesses and services

CHAPTER 1E+WBusinesses or services whose premises are required to be closed but to which limited access may be allowed

Closure of food and drink businessesE+W

7.—(1) A person responsible for carrying on a business which is listed in paragraphs 12 to 14 (food and drink businesses) must—

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

(b)not carry on business at such premises otherwise than in accordance with this paragraph.

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

(a)the use of premises for—

(i)the sale of food and drink for consumption off the premises, or

(ii)services providing food or drink to homeless people;

(b)the provision of room service at a hotel or other accommodation (where the hotel or other accommodation continues to operate in accordance with the exceptions allowed by paragraph 8);

(c)a workplace canteen from being open where there is no practical alternative for staff at that workplace to obtain food or drink;

[F9(ca)the use of premises for any purpose as may be requested or authorised by the Welsh Ministers or a local authority;]

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

(3) For the purposes of sub-paragraph (1), an indoor area adjacent to the premises of the business where seating is made available for customers of the business (whether or not by the business) is to be treated as part of the premises of that business.

(4) 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

Closure of holiday or travel accommodation that is not self-containedE+W

8.—(1) A person responsible for carrying on a business which is listed in paragraphs 15 to 18 (holiday or travel accommodation) must—

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

(b)not carry on business at such premises otherwise than in accordance with this paragraph.

(2) But sub-paragraph (1) does not prevent the use of premises for the provision of accommodation—

(a)in a camping site or holiday site, provided that the only shared facilities used by guests at the camping site or holiday site are water points and waste disposal points, or

(b)in separate and self-contained premises.

(3) And 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 provision of accommodation for any persons staying in that accommodation when this paragraph most recently began to apply to the area in which the accommodation is situated and who—

(i)are unable to return to their main residence, or

(ii)are using the accommodation as their main residence;

(d)the use of premises to carry on the business by providing information or other services—

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

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

(iii)by post.

(4) Premises are separate and self-contained for the purposes of this paragraph only if—

(a)they are provided for persons who are members of the same household or extended household, and

(b)none of the following are shared with the members of any other household—

(i)kitchens,

(ii)sleeping areas,

(iii)bathrooms, or

(iv)indoor communal areas.

(5) In this paragraph—

(a)a reception area is not to be treated as a shared facility for the purposes of sub-paragraph (2)(a);

(b)“communal areas” includes any area of the premises that is open to the public, but does not include a reception area or corridors, lifts and staircases used to access other parts of the premises.

(6) 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.

Closure of community centres F10...E+W

9.—(1) A person responsible for premises that are of a kind listed in [F11paragraph 19] must ensure that the premises are closed to members of the public, except for the uses permitted by [F12sub-paragraph (2)].

(2) A community centre may be open—

(a)to provide essential voluntary services, or

(b)[F13for any purpose as may be requested or authorised by] the Welsh Ministers or a local authority.

F14(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Sub-paragraph (1) does not apply to the grounds surrounding—

(a)a community centre;

F15(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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

Closure of businesses and servicesE+W

10.—(1) A person responsible for carrying on a business or providing a service which is listed in paragraphs [F1724 to 44] 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) 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.

(3) Despite sub-paragraph (1), a person responsible for carrying on a business or providing a service—

[F18(a)listed in paragraph 39 or 42 (spas and indoor sports and fitness facilities) may open its premises to the public, but only for the purposes of providing, by appointment, close contact services or services provided by dentists, opticians, optometrists, audiologists, chiropodists, chiropractors, osteopaths, physiotherapists and acupuncturists;]

(b)listed in paragraph 34 (holiday, leisure activity or events businesses) may open its premises to the public, but only for the purposes of facilitating an outdoor organised activity 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).

(4) 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

CHAPTER 3E+WBusinesses and services whose premises are exempt from the requirement to close

Exemption from the requirement to be closedE+W

11.—(1) Despite the preceding provisions of this Part—

(a)premises operated by businesses or services listed in paragraphs [F1951 and 52] may continue to be open;

(b)approved premises may be open to the public to the extent that this is required for the purposes of the solemnisation or a marriage, formation of civil partnership or alternative wedding ceremony at the premises;

[F20(c)premises used as a venue for the solemnisation of a marriage, formation of civil partnership or alternative wedding ceremony, or the celebration of such an event, may open to the public for the purposes of enabling a person to visit the premises, by appointment, with a view to booking the premises for the solemnisation of a marriage, formation of civil partnership or alternative wedding ceremony, or for the celebration of such an event;]

(2) A person responsible for premises authorised for the sale or supply of alcohol for consumption off the premises may not sell or supply alcohol between 10.00 p.m. and 6.00 a.m.

(3) Sub-paragraph (2) does not allow the person responsible for the premises to sell or supply alcohol in contravention of an authorisation granted or given in respect of the premises.

(4) In this paragraph, “approved premises” means premises approved in accordance with Marriages and Civil Partnerships (Approved Premises) Regulations 2005—

(a)as premises on which marriages may be solemnised in pursuance of section 26(1)(bb) of the Marriage Act 1949, or

(b)for the purposes of section 6(3A)(a) of the Civil Partnership Act 2004.

Textual Amendments

CHAPTER 4E+WList of closed premises

Closed premisesE+W
Food and drink businessesE+W

12.  Bars (including bars in members’ clubs).

13.  Public houses.

14.  Cafes, canteens and restaurants (including workplace canteens and dining rooms in members’ clubs).

Holiday or travel accommodationE+W

15.  Camping sites.

16.  Holiday sites.

17.  Hotels and bed and breakfast accommodation;

18.  Other holiday accommodation (including holiday apartments, hostels and boarding houses).

Public services etc.E+W

19.  Community centres.

F2120.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Personal services etc.E+W

F2121.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2122.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2123.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Leisure and social etc.E+W

24.  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.

25.  Sexual entertainment venues (within the meaning given by paragraph 2A of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982).

26.  Cinemas.

27.  Concert halls and theatres.

28.  Casinos.

29.  Bingo halls.

30.  Amusement arcades.

31.  Bowling alleys.

32.  Indoor play centres or areas.

33.  Funfairs, amusement parks and theme parks.

34.  Holiday, leisure activity or events businesses.

35.  Museums and galleries.

36.  Skating rinks.

37.  Trampoline parks and centres.

38.  Indoor skate parks and centres.

39.  Spas.

40.  Venues for events or conferences (including venues for weddings).

41.  Visitor attractions other than—

(a)public outdoor areas of premises on which a scheduled monument (within the meaning given by section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979) is situated;

(b)public outdoor areas of a park or garden registered in the register of parks and gardens of special historic interest in Wales maintained by the Welsh Ministers and published by them from time to time;

(c)public indoor areas of a place referred to in paragraph (a) or (b) where it is necessary for the indoor area to be open—

(i)to allow access to the public outdoors areas,

(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.

Sports and exercise.E+W

42.  Indoor sports or exercise facilities, including indoor fitness studios and gyms.

43.  Swimming pools.

44.  Indoor sports courts, indoor bowling greens and other indoor sports grounds or pitches.

Retail etc.E+W

F2245.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2246.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2247.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Exempt premisesE+W
Public services etc.E+W

F2248.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2249.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2250.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Food and drink businessesE+W

51.  Cafés and canteens at a hospital, care home, school or within accommodation provided for students.

52.  Canteens at a prison or an establishment intended for use for naval, military or air force purposes or for the purposes of the Department of the Secretary of State responsible for defence.

Retail etc.E+W

F2353.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2354.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2355.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2356.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2357.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2358.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2359.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2360.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2361.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2362.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2363.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2364.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2365.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2366.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

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Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

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Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

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Timeline of Changes

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Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

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Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
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