The Health Protection (Coronavirus Restrictions) (No. 3) (Wales) Regulations 2020 (expired)

PART 5 E+W Enforcement

Enforcement officers E+W

21.—(1) For the purposes of regulation 22 and Schedule 2, an “ enforcement officer” means a person designated by a local authority for the purposes of these Regulations.

(2) For the purposes of regulations 23 to 31, an “enforcement officer” means—

(a) a constable,

(b) a police community support officer,

(c) a person designated by—

(i) the Welsh Ministers, or

(ii) a local authority,

for the purposes of these Regulations (but see paragraph (3)), or

(d) a person designated by the Welsh Ministers or a local authority under—

(i) regulation 17(1) of the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020 M1 for the purposes of those Regulations, or

(ii) regulation 10(11)(c) of the Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020 M2 as a relevant person (within the meaning given by that regulation),

(but see paragraph (3)).

(3) A person designated by a local authority may exercise an enforcement officer's functions only in relation to a contravention (or alleged contravention) of a requirement in regulation 11(1), 12(1), 13(1), 14(1), 15(3), 17(2) or Schedule 2.

Commencement Information

I1 Reg. 21 in force at 23.10.2020 at 6.00 p.m., see reg. 1(3)

Marginal Citations

M1 S.I. 2020/725 (W. 162). Amended by S.I. 2020/985 (W. 222).

M2 S.I. 2020/353 (W. 80).

Enforcement of requirement to take preventative measures E+W

22.  Schedules 2 and 3 make provision for and in connection with conferring functions on enforcement officers for the purpose of enforcing regulation 17(2).

Commencement Information

I2 Reg. 22 in force at 23.10.2020 at 6.00 p.m., see reg. 1(3)

Compliance notices E+W

23.—(1) An enforcement officer may give a compliance notice to a person if the officer has reasonable grounds for suspecting that the person is contravening a requirement in regulation 11(1), 12(1), 13(1), 14(1) or 18(5).

(2) A compliance notice may specify measures that the person to whom it is given must take as soon as is reasonably practicable so as to prevent that person from continuing to contravene the requirement.

Commencement Information

I3 Reg. 23 in force at 23.10.2020 at 6.00 p.m., see reg. 1(3)

Powers of removal and dispersal E+W

24.—(1) Where an enforcement officer has reasonable grounds for suspecting that a person (“P”) is contravening regulation 3(1) [F1 or 9A(3)], the officer may—

(a) direct P to return to the place where P is living;

(b) remove P to that place.

(2) Where an enforcement officer has reasonable grounds for suspecting that people are gathered together in contravention of regulation 4(1), the officer may—

(a) direct the gathering to disperse;

(b) direct any person in the gathering to return to the place where they are living;

(c) remove any person in the gathering to the place where they are living.

(3) Where an enforcement officer has reasonable grounds for suspecting that a person (“P”) is contravening regulation 5(1), the officer may direct P to leave Wales.

(4) When exercising the power in paragraph (1), (2) or (3), an enforcement officer may direct a person to follow such instructions as the officer considers necessary.

(5) Where an enforcement officer has reasonable grounds for suspecting that a person (“P”) is contravening, or is about to contravene, regulation 9(1), the officer may—

(a) direct P to follow such instructions as the officer considers necessary in order to stop or prevent the contravention;

(b) remove P from the location or proposed location of the event which the officer suspects is being, or is about to be, organised in contravention of regulation 9(1).

Textual Amendments

F1 Words in reg. 24(1) inserted (7.11.2020 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (Wales) Regulations 2020 (S.I. 2020/1237), regs. 1(2), 3(3)

Commencement Information

I4 Reg. 24 in force at 23.10.2020 at 6.00 p.m., see reg. 1(3)

Enforcement of face covering requirements E+W

25.—(1) Where an enforcement officer has reasonable grounds for suspecting that a person (“P”) is contravening (or is about to contravene) regulation 18(1), the officer may—

(a) direct P not to board the vehicle providing the public transport service in question;

(b) remove P from the vehicle.

(2) Where—

(a) the operator of a public transport service,

(b) an employee of the operator, or

(c) a person authorised by the operator,

has reasonable grounds to suspect that a person (“P”) is about to contravene regulation 18(1), the operator, employee or authorised person may direct P not to board the vehicle providing the public transport service in question.

(3) Where an enforcement officer has reasonable grounds to suspect that a person (“P”) is contravening (or is about to contravene) regulation 19(1), the officer may—

(a) direct P not to enter the premises;

(b) remove P from the premises.

Commencement Information

I5 Reg. 25 in force at 23.10.2020 at 6.00 p.m., see reg. 1(3)

Enforcement: children E+W

26.—(1) Where an enforcement officer has reasonable grounds to suspect that a person (“P”) is contravening regulation 3(1) [F2 or 9A(3)] or is in a gathering in contravention of regulation 4(1) and is a child accompanied by an individual (“I”) who has responsibility for P—

(a) the officer may direct I to take P to the place where P is living, and

(b) I must, so far as reasonably practicable, ensure that P complies with any direction or instruction given by the officer to P.

(2) Where an enforcement officer has reasonable grounds to suspect that a person (“P”) is contravening regulation 5(1) and is a child accompanied by an individual (“I”) who has responsibility for P—

(a) the officer may direct I to take P to a place outside Wales, and

(b) I must, so far as reasonably practicable, ensure that P complies with any direction or instruction given by the officer to P.

(3) Where an enforcement officer has reasonable grounds to suspect that a child is failing to comply with the requirement in regulation 18(1) or 19(1), the officer may direct any individual (“I”) who has responsibility for the child to secure, so far as reasonably practicable, that the child complies with the requirement.

(4) For the purposes of paragraphs (1), (2) and (3), I has responsibility for a child if I—

(a) has custody or charge of the child for the time being, or

(b) has parental responsibility for the child.

Textual Amendments

F2 Words in reg. 26(1) inserted (7.11.2020 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (Wales) Regulations 2020 (S.I. 2020/1237), regs. 1(2), 3(4)

Commencement Information

I6 Reg. 26 in force at 23.10.2020 at 6.00 p.m., see reg. 1(3)

Power of entry E+W

27.—(1) An enforcement officer may enter premises, if the officer—

(a) has reasonable grounds for suspecting that a requirement imposed by these Regulations is being, has been or is about to be contravened on the premises, and

(b) considers it necessary to enter the premises for the purpose of ascertaining whether the requirement is being, has been or is about to be contravened.

(2) An enforcement officer entering premises in accordance with paragraph (1) may take such other persons, equipment and materials onto the premises as appears to the officer to be appropriate.

(3) An enforcement officer entering premises in accordance with paragraph (1)—

(a) if asked by a person on the premises, must show evidence of the officer's identity and outline the purpose for which the power is exercised;

(b) if the premises are unoccupied or the occupier is temporarily absent, must leave the premises as effectively secured against unauthorised entry as when the officer found them.

Commencement Information

I7 Reg. 27 in force at 23.10.2020 at 6.00 p.m., see reg. 1(3)

Enforcement: supplemental provision E+W

28.—(1) An enforcement officer may take other action to facilitate the exercise of a power conferred on the officer by this Part.

(2) An enforcement officer may use reasonable force in the exercise of a power under—

(a) regulation 24(1)(b), (2)(c) or (5)(b),

(b) regulation 25(1)(b) or (3)(b), or

(c) regulation 27(1).

(3) An enforcement officer may only exercise a power under this Part if the officer considers that it is necessary and proportionate to do so.

(4) In this Part references to a requirement include references to a restriction.

Commencement Information

I8 Reg. 28 in force at 23.10.2020 at 6.00 p.m., see reg. 1(3)