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

PART 7 E+W General

Interpretation E+W

33.—(1) In these Regulations—

(a) “burial” includes the interment of a dead person's ashes;

(b) “care home” means premises at which a “care home service” within the meaning given by paragraph 1 of Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016 M1 is provided;

(c) “carer” means a person who provides care for the person assisted where—

(i) the carer is entitled to an assessment under section 24 of the Social Services and Well-being (Wales) Act 2014 M2 ,

(ii) the care is part of the provision of community care services under Part 4 of the Social Services and Well-being (Wales) Act 2014, or

(iii) the care is provided by a care provider registered under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016;

(d) “child” means a person who is aged under 18;

(e) “coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);

(f) “elite athlete” means an individual designated as such for the purposes of these Regulations by the Sports Council for Wales;

(g) “face covering” means a covering of any type which covers a person's nose and mouth;

(h) “local authority” means the council of a county or county borough in Wales;

(i) “Local Health Board” has the meaning given by regulation 17(4)(c);

(j) “parental responsibility” has the same meaning as in the Children Act 1989 M3 ;

(k) a “person responsible for carrying on a business” includes the owner, proprietor, and manager of that business;

(l) “premises” includes any building or structure and any land;

(m) “public transport service” means a service provided for the carriage of passengers by road, railway, tramway, air or water;

(n) “regulated premises” has the meaning given by regulation 17(1);

(o) “specified sporting events” are the following—

(i) Wales v Norway football match, women's UEFA European Championships qualifying on 27 October 2020;

(ii) Wales v Scotland rugby match, women's 6 Nations Tournament on 1 November 2020;

(iii) the UEFA Champions League match involving Swansea City AFC Ladies to be held on 3 or 4 November 2020;

(p) “vehicle” includes an aircraft, a cable car, a train, a tram and a vessel;

(q) “vulnerable person” includes—

(i) any person aged 70 or older;

(ii) any person under 70 who has an underlying health condition;

(iii) any person who is pregnant;

(iv) any child;

(v) any person who is a vulnerable adult within the meaning given by section 60(1) of the Safeguarding Vulnerable Groups Act 2006 M4 .

(2) For the purposes of these Regulations—

(a) there is a gathering when two or more people are in the same place in order to do something together;

(b) premises are indoors if they are enclosed or substantially enclosed within the meaning given by regulation 2 of the Smoke-free Premises etc. (Wales) Regulations 2007 M5 .

(3) If a household comprising of no more than one adult (and any number of children) and another household agree to be treated as a single (extended) household for the purposes of these Regulations, any reference in these Regulations (other than in paragraphs (4) to (6)) to a “household” is to be read as including both households.

(4) To agree to be treated as a single household all of the adults of the two households must agree.

(5) But—

(a) a household may only agree to be treated as a single household with one other household, and

(b) if two households cease to agree to be treated as a single household, neither household may agree to be treated as a single household under paragraph (3) with any other household.

(6) If two households have agreed to be treated as a temporary extended household in accordance with paragraph 2 of Schedule 4A to the Health Protection (Coronavirus Restrictions) (No.2) (Wales) Regulations 2020 M6 they are to be treated as also having agreed to be treated as a single (extended) household for the purposes of these Regulations.

(7) For the purposes of these Regulations, premises are authorised for the sale or supply of alcohol where the premises have been granted or given an authorisation under the Licensing Act 2003, and “authorisation” has the meaning given by section 136(5) of that Act.

Commencement Information

I1 Reg. 33 in force at 23.10.2020 at 6.00 p.m., see reg. 1(3)

Marginal Citations

M1 2016 anaw 2, as amended by S.I. 2017/1326 (W. 299) and S.I. 2018/195 (W. 44).

M2 2014 anaw 4.

M3 1989 c. 41. See Part 1 of the Act, to which there have been various amendments, including by the Human Fertilisation and Embryology Act 2008 (c. 22) and S.I. 2019/1458.

M4 2006 c. 47, as amended by section 65 of the Protection of Freedoms Act 2012 (c. 9).

M5 S.I. 2007/787 (W. 68).

M6 S.I. 2020/725 (W. 162). Paragraph 2 of Schedule 4A was amended by S.I. 2020/1079 (W. 242).

Revocation E+W

34.—(1) The following Regulations are revoked—

(a) the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020;

(b) the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) Regulations 2020 M7 ;

(c) the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 2) Regulations 2020 M8 ;

(d) the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 3) Regulations 2020 M9 ;

(e) the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 4) Regulations 2020 M10 ;

(f) the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 5) Regulations 2020 M11 ;

(g) the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 6) Regulations 2020 M12 ;

(h) the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 7) Regulations 2020 M13 ;

(i) the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 8) (Caerphilly) Regulations 2020 M14 ;

(j) the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 9) Regulations 2020 M15 ;

(k) the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 10) (Rhondda Cynon Taf) Regulations 2020 M16 ;

(l) the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 11) (Blaenau Gwent, Bridgend, Merthyr Tydfil and Newport etc.) Regulations 2020 M17 ;

(m) the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 12) Regulations 2020 M18 ;

(n) the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 13) (Llanelli etc.) Regulations 2020 M19 ;

(o) the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 14) (Cardiff and Swansea) Regulations 2020 M20 ;

(p) the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 15) (Neath Port Talbot, Torfaen and Vale of Glamorgan) Regulations 2020 M21 ;

(q) the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 16) (Conwy, Denbighshire, Flintshire and Wrexham) Regulations 2020 M22 ;

(r) the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 17) Regulations 2020 M23 ;

(s) the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 18) (Bangor) Regulations 2020 M24 ;

(t) the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 19) Regulations 2020 M25 .

(2) Despite the revocation of those Regulations, they continue in force in relation to any offence committed, or any notice given or issued, under the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020 before these Regulations came into force.

Commencement Information

I2 Reg. 34 in force at 23.10.2020 at 6.00 p.m., see reg. 1(3)

Marginal Citations

M7 S.I. 2020/752 (W. 169).

M8 S.I. 2020/803 (W. 176).

M9 S.I. 2020/820 (W. 180).

M10 S.I. 2020/843 (W. 186).

M11 S.I. 2020/867 (W. 189).

M12 S.I. 2020/884 (W. 195).

M13 S.I. 2020/912 (W. 204).

M14 S.I. 2020/961 (W. 215).

M15 S.I. 2020/985 (W. 222).

M16 S.I. 2020/1007 (W. 224).

M17 S.I. 2020/1022 (W. 227).

M18 S.I. 2020/1035 (W.229).

M19 S.I. 2020/1040 (W. 230).

M20 S.I. 2020/1043 (W. 232).

M21 S.I. 2020/1049 (W. 235).

M22 S.I. 2020/1066 (W. 240).

M23 S.I. 2020/1079 (W. 242).

M24 S.I. 2020/1102 (W. 251).

M25 S.I. 2020/1130 (W. 257).

Consequential amendment E+W

35.—(1) In regulation 19(10) of the Health Protection (Coronavirus Restrictions) (Functions of Local Authorities etc.) (Wales) Regulations 2020, after sub-paragraph (b) insert—

“(c) the Health Protection (Coronavirus Restrictions) (No. 3) (Wales) Regulations 2020.”

Commencement Information

I3 Reg. 35 in force at 23.10.2020 at 6.00 p.m., see reg. 1(3)