Point in time view as at 07/05/2022.
There are currently no known outstanding effects for the The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Welsh Statutory Instruments
Public Health, Wales
Approved in Senedd Cymru
Made
at 5.45 p.m. on 18 December 2020
Laid before Senedd Cymru
at 10.00 p.m. on 18 December 2020
Coming into force in accordance with regulation 1(3) and (4
M1The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 45C(1) and (3), 45F(2) and 45P of the Public Health (Control of Disease) Act 1984 .
These Regulations are made in response to the serious and imminent threat to public health which is posed by the incidence and spread of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) in Wales.
The Welsh Ministers consider that restrictions and requirements imposed by these Regulations are proportionate to what they seek to achieve, which is a public health response to that threat.
In accordance with section 45R of that Act the Welsh Ministers are of the opinion that, by reason of urgency, it is necessary to make this instrument without a draft having been laid before, and approved by a resolution of, Senedd Cymru.
Modifications etc. (not altering text)
C1Regulations applied (11.2.2022 at. 4.00 a.m.) by The Health Protection (Coronavirus, International Travel) (Wales) Regulations 2022 (S.I. 2022/126), regs. 1(2), 12(2) (with reg. 19)
Marginal Citations
M11984 c. 22. Sections 45C, 45F and 45P were inserted by section 129 of the Health and Social Care Act 2008 (c. 14). The functions under these sections are conferred on “the appropriate Minister”. Under section 45T(6) of the 1984 Act the appropriate Minister, as respects Wales, is the Welsh Ministers.
1.—(1) The title of these Regulations is the Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020.
(2) These Regulations apply in relation to Wales.
(3) These Regulations, other than Part 6, come into force on [F120 December 2020].
(4) Part 6 comes into force on 23 December 2020.
Textual Amendments
F1Words in reg. 1(3) substituted (19.12.2020 at 11.59 p.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) Regulations 2020 (S.I. 2020/1610), regs. 1(2), 2(2)
Commencement Information
I1Reg. 1 in force at 20.12.2020, see reg. 1(3)
2. The Welsh Ministers must review the need for the restrictions and requirements imposed by these Regulations, and whether those restrictions and requirements are proportionate to what the Welsh Ministers seek to achieve by them—
(a)by 7 January 2021;
(b)at least once in the period from 8 January 2021 to 28 January 2021;
(c)at least once in each subsequent period of 21 days.
Commencement Information
I2Reg. 2 in force at 20.12.2020, see reg. 1(3)
3. These Regulations expire at the end of the day on [F230 May 2022].
Textual Amendments
F2Words in reg. 3 substituted (7.5.2022) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 10) Regulations 2022 (S.I. 2022/512), regs. 1(2), 2
Commencement Information
I3Reg. 3 in force at 20.12.2020, see reg. 1(3)
4.—(1) Schedules 1 to 4 set out restrictions and requirements that may apply in an area in relation to—
(a)gatherings;
(b)organising events;
F3(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)the use of premises of specified businesses or services that are ordinarily open to the public.
(2) The restrictions and requirements set out in Schedule 1 apply in relation to an Alert Level 1 area.
(3) The restrictions and requirements set out in Schedule 2 apply in relation to an Alert Level 2 area.
(4) The restrictions and requirements set out in Schedule 3 apply in relation to an Alert Level 3 area.
(5) The restrictions and requirements set out in Schedule 4 apply in relation to an Alert Level 4 area.
(6) Schedule 5 sets out which one of Schedules 1 to 4 apply to an area by specifying a level for that area.
[F4(6ZA) But Schedule 5 may provide that none of Schedules 1 to 4 apply to an area by specifying that no alert level applies to the area.]
F5(6A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(6B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) In these Regulations—
(a)an “Alert Level 1 area” is an area specified in the table in Schedule 5, where the table indicates it is an Alert Level 1 area;
(b)an “Alert Level 2 area” is an area specified in the table in Schedule 5, where the table indicates it is an Alert Level 2 area;
(c)an “Alert Level 3 area” is an area specified in the table in Schedule 5, where the table indicates it is an Alert Level 3 area;
(d)an “Alert Level 4 area” is an area specified in the table in Schedule 5, where the table indicates it is an Alert Level 4 area.
Textual Amendments
F3Reg. 4(1)(c) omitted (26.4.2021 immediately before the start of the day) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(2)(a)
F4Reg. 4(6ZA) inserted (7.8.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 15) Regulations 2021 (S.I. 2021/925), regs. 1(3), 2(3)
F5Reg. 4(6A) 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(2)
F6Reg. 4(6B) 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(2)
F7Reg. 4(7) omitted (9.1.2021 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (Wales) Regulations 2021 (S.I. 2021/20), regs. 1(2), 8(2)
Commencement Information
I4Reg. 4 in force at 20.12.2020, see reg. 1(3)
Textual Amendments
F8Pt. 3 omitted (28.3.2022) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2022 (S.I. 2022/388), regs. 1(2), 2(2) (with reg. 3)
F85. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F86. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F87. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F89A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F810. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F810A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F810B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F810C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F810D. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F811. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F811A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F811AA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F811B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F812. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F813. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F813A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F814. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F9Pt. 3A omitted (17.5.2021 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 10) Regulations 2021 (S.I. 2021/583), regs. 1(2), 2(3)
F914A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F914B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F10Pt. 4 omitted (except reg 15(1)) (18.4.2022) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 9) Regulations 2022 (S.I. 2022/450), regs. 1(2), 2(3)
15.—(1) For the purposes of these Regulations, the following are “regulated premises”—
(a)premises of businesses or services listed in Schedule 7, to the extent that that the public have or are permitted access to the premises;
(b)a vehicle used to provide a public transport service;
(c)other premises where work is being carried out.
F10(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F11Words in reg. 15 heading omitted (18.4.2022) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 9) Regulations 2022 (S.I. 2022/450), regs. 1(2), 2(4)
Commencement Information
I5Reg. 15 in force at 20.12.2020, see reg. 1(3)
F1016. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1216ZA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F12Reg. 16ZA omitted (28.1.2022 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/83), regs. 1(2), 2(3)
F1316ZB. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F13Reg. 16ZB omitted (28.1.2022 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/83), regs. 1(2), 2(3)
F1516A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F14Words in reg. 16A heading substituted (15.11.2021 at 7.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 19) Regulations 2021 (S.I. 2021/1248), regs. 1(2), 2(a)
F15Reg. 16A omitted (18.2.2022) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 5) Regulations 2022 (S.I. 2022/142), regs. 1(2), 2(6)
F1617. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F16Reg. 17 omitted (7.8.2021 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 15) Regulations 2021 (S.I. 2021/925), regs. 1(3), 2(13)
F1717A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F17Reg. 17A omitted (7.8.2021 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 15) Regulations 2021 (S.I. 2021/925), regs. 1(3), 2(13)
F1018. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F18Pt. 4A omitted (28.3.2022) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2022 (S.I. 2022/388), regs. 1(2), 2(3) (with reg. 3)
F1818A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F19Pt. 4B omitted (28.1.2022 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/83), regs. 1(2), 2(5)
F1918B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2019. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F20Reg. 19 omitted (28.3.2022) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2022 (S.I. 2022/388), regs. 1(2), 2(4) (with reg. 3)
20.—(1) A person (“P”) must wear a face covering in indoor public areas of [F21—
F22(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F22(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F22(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F22(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F22(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F22(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F22(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(h)premises used for the provision of medical, health or dental services, audiology, chiropody, chiropractor, osteopath, optometry, physiotherapy or acupuncture services, or other medical or health services including services relating to mental health;
(i)premises used for the provision of a social care service, including care home services,, secure accommodation services, residential family centre services and adult day care services;
F23(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
(2) But this is not required—
(a)where P is a child under the age of 11;
F24(aa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)where P has a reasonable excuse not to wear a face covering, as to which see paragraph (3).
(3) The circumstances in which P has a reasonable excuse to not wear a face covering include—
(a)where P is unable to put on, wear or remove a face covering because of a physical or mental illness or impairment, or a disability (within the meaning of section 6 of the Equality Act 2010);
(b)where P is undertaking an activity and wearing a face covering during that activity may be considered to be a risk to P's health;
(c)where P has to remove the face covering to communicate with a person who has difficulty communicating (in relation to speech, language or otherwise);
(d)where P has to remove the face covering in order to avoid harm or injury, or the risk of harm or injury, to P or others;
(e)where P is at the premises to avoid injury, or to escape a risk of harm, and does not have a face covering;
(f)where P has to remove the face covering to—
(i)take medication;
(ii)eat or drink, where reasonably necessary;
(g)where P is asked to remove the face covering by an enforcement officer;
F25(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F26(i)in relation to premises described in paragraph (1)(i), where P is resident in the premises.]
[F27(3A) Paragraph (1) does not apply—
(a)when the public do not have access to the premises;
(b)where P is in premises where food or drink is sold, or otherwise provided, for consumption on the premises.]
[F28(4) For the purposes of [F29paragraph (3A)(b)], where—
(a)a business (“business A”) sells, or otherwise provides, food or drink for consumption on the business premises,
(b)business A forms part of a larger business (“business B”), and
(c)business B also carries on its business on the premises, but does not sell, or otherwise provide, food or drink for consumption on those premises,
P is to be treated as being in premises where food or drink is sold, or otherwise provided, for consumption on the premises only where P is in the part of the premises at which business A carries on its business.]
F30(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F32(7) For the purposes of paragraph (1)(i), a “social care service” has the same meaning as a “regulated service” in section 2(1) of the Regulation and Inspection of Social Care (Wales) Act 2016.]
Textual Amendments
F21Reg. 20(1)(a)-(j) substituted for words in reg. 20(1) (28.2.2022) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 6) Regulations 2022 (S.I. 2022/180), regs. 1(2), 2(2)(a)
F22Reg. 20(1)(a)-(g) omitted (28.3.2022) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2022 (S.I. 2022/388), regs. 1(2), 2(5)(a)(i) (with reg. 3)
F23Reg. 20(1)(j) omitted (28.3.2022) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2022 (S.I. 2022/388), regs. 1(2), 2(5)(a)(ii) (with reg. 3)
F24Reg. 20(2)(aa) omitted (28.2.2022) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 6) Regulations 2022 (S.I. 2022/180), regs. 1(2), 2(2)(b)
F25Reg. 20(3)(h) omitted (28.1.2022 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/83), regs. 1(2), 2(6)(b)
F26Reg. 20(3)(i) inserted (28.2.2022) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 6) Regulations 2022 (S.I. 2022/180), regs. 1(2), 2(2)(c)
F27Reg. 20(3A) inserted (28.2.2022) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 6) Regulations 2022 (S.I. 2022/180), regs. 1(2), 2(2)(d)
F28Reg. 20(4) inserted (7.8.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 15) Regulations 2021 (S.I. 2021/925), regs. 1(3), 2(16)(c)
F29Words in reg. 20(4) substituted (28.2.2022) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 6) Regulations 2022 (S.I. 2022/180), regs. 1(2), 2(2)(e)
F30Reg. 20(5) omitted (28.2.2022) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 6) Regulations 2022 (S.I. 2022/180), regs. 1(2), 2(2)(f)
F31Reg. 20(6) omitted (28.3.2022) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2022 (S.I. 2022/388), regs. 1(2), 2(5)(b) (with reg. 3)
F32Reg. 20(7) inserted (28.2.2022) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 6) Regulations 2022 (S.I. 2022/180), regs. 1(2), 2(2)(h)
Commencement Information
I6Reg. 20 in force at 20.12.2020, see reg. 1(3)
F3321. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F33Reg. 21 omitted (28.3.2022) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2022 (S.I. 2022/388), regs. 1(2), 2(6) (with reg. 3)
Textual Amendments
F34Pt. 6 omitted (28.8.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 16) Regulations 2021 (S.I. 2021/970), regs. 1(2), 2(5)
F3422. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3423. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3424. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
25.—F35(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) For the purposes of regulations F36... [F3720, 27 to 29, 31 to 34,] 36 and 47, 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 10(11)(c) of the Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020 M2 as a relevant person (within the meaning given by that regulation),
(ii)regulation 17(1) of the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020 for the purposes of those Regulations,
(iii)regulation 21(2) of the Health Protection (Coronavirus Restrictions) (No. 3) (Wales) Regulations 2020 for the purposes of those Regulations, or
(iv)under regulation 25(2) of the Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020,
(but see paragraph (3)).
(3) A person designated by a local authority may exercise an enforcement officer's functions only—
(a)in relation to a contravention (or alleged contravention) of a requirement in—
F38(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii)paragraph 7(1) F39... of Schedule 1,
(iii)paragraph 7(1) F40... of Schedule 2,
(iv)paragraph 7(1), 8(1) or [F419(1)] of Schedule 3, or
(v)paragraph 7(1), 8(1), 9(1) [F42, 10(1) or 11(3)] of Schedule 4, or
F43(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F35Reg. 25(1) omitted (18.4.2022) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 9) Regulations 2022 (S.I. 2022/450), regs. 1(2), 2(5)(a)
F36Word in reg. 25(2) omitted (17.5.2021 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 10) Regulations 2021 (S.I. 2021/583), regs. 1(2), 2(5)
F37Words in reg. 25(2) substituted (28.3.2022) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2022 (S.I. 2022/388), regs. 1(2), 2(7) (with reg. 3)
F38Reg. 25(3)(a)(i) omitted (18.4.2022) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 9) Regulations 2022 (S.I. 2022/450), regs. 1(2), 2(5)(b)(i)
F39Words in reg. 25(3)(a)(ii) omitted (26.4.2021 immediately before the start of the day) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(4)(a)
F40Words in reg. 25(3)(a)(iii) omitted (26.4.2021 immediately before the start of the day) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(4)(b)
F41Word in reg. 25(3)(a)(iv) 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(4)(c)
F42Words in reg. 25(3)(a)(v) substituted (22.12.2020 at 12.01 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/1623), regs. 1(2), 2(2)
F43Reg. 25(3)(b) omitted (18.4.2022) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 9) Regulations 2022 (S.I. 2022/450), regs. 1(2), 2(5)(b)(ii)
Commencement Information
I7Reg. 25 in force at 20.12.2020, see reg. 1(3)
Marginal Citations
M2S.I. 2020/353 (W. 80).
F4426. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F44Reg. 26 omitted (18.4.2022) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 9) Regulations 2022 (S.I. 2022/450), regs. 1(2), 2(6)
27.—(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—
F45(za). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F46(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)paragraph 7(1) F47... of Schedule 1,
(c)paragraph 7(1) F48... of Schedule 2,
(d)paragraph 7(1), 8(1) or [F499(1)] of Schedule 3, or
(e)paragraph 7(1), 8(1), 9(1) [F50, 10(1) or 11(3)] of Schedule 4.
(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.
Textual Amendments
F45Reg. 27(1)(za) omitted (28.3.2022) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2022 (S.I. 2022/388), regs. 1(2), 2(8) (with reg. 3)
F46Reg. 27(1)(a) omitted (28.3.2022) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2022 (S.I. 2022/388), regs. 1(2), 2(8) (with reg. 3)
F47Words in reg. 27(1)(b) omitted (26.4.2021 immediately before the start of the day) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(5)(a)
F48Words in reg. 27(1)(c) omitted (26.4.2021 immediately before the start of the day) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(5)(b)
F49Word in reg. 27(1)(d) 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(5)(c)
F50Words in reg. 27(1)(e) substituted (22.12.2020 at 12.01 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/1623), regs. 1(2), 2(3)
Commencement Information
I8Reg. 27 in force at 20.12.2020, see reg. 1(3)
28.—(1) Paragraph (2) applies where an enforcement officer has reasonable grounds for suspecting that a person is participating in a gathering in a private dwelling in contravention of—
F51(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F51(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)paragraph 1(1) of Schedule 3, or
(d)paragraph 2(1) of Schedule 4.
(2) The enforcement officer may—
(a)direct the gathering to disperse;
(b)if the officer has reasonable grounds to suspect that the person does not live at the dwelling—
(i)direct the person to leave the dwelling;
(ii)remove the person from the dwelling.
(3) Paragraph (4) applies where an enforcement officer has reasonable grounds for suspecting that a person is participating in a gathering in a place other than a private dwelling in contravention of—
(a)paragraph 2(1) F52... of Schedule 1,
(b)paragraph 2(1) F53... of Schedule 2,
(c)paragraph 2(1) or [F543(1)] of Schedule 3, or
(d)paragraph 2(1) of Schedule 4.
(4) The enforcement officer may—
(a)direct the gathering to disperse;
(b)direct the person to leave the place where the gathering is taking place;
(c)remove the person from that place.
(5) Where an enforcement officer has reasonable grounds for suspecting that a person is away from the place where the person is living in contravention of paragraph 1(1) of Schedule 4, the officer may—
(a)direct the person to return to the place where the person is living;
(b)remove the person to that place.
Textual Amendments
F51Reg. 28(1)(a)(b) omitted (26.12.2021 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 25) Regulations 2021 (S.I. 2021/1485), regs. 1(2), 2(6)(a)
F52Words in reg. 28(3)(a) omitted (26.12.2021 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 25) Regulations 2021 (S.I. 2021/1485), regs. 1(2), 2(6)(b)(i)
F53Words in reg. 28(3)(b) omitted (21.1.2022 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/55), regs. 1(2), 2(3)
F54Word in reg. 28(3)(c) 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(6)
Commencement Information
I9Reg. 28 in force at 20.12.2020, see reg. 1(3)
F5529. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F55Reg. 29 omitted (17.5.2021 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 10) Regulations 2021 (S.I. 2021/583), regs. 1(2), 2(6)
F5630. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F56Reg. 30 omitted (28.3.2022) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2022 (S.I. 2022/388), regs. 1(2), 2(9) (with reg. 3)
F5730A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F57Reg. 30A omitted (18.2.2022) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 5) Regulations 2022 (S.I. 2022/142), regs. 1(2), 2(10)
31.—(1) Paragraph (2) applies where an enforcement officer has reasonable grounds for suspecting that a person (“P”) is—
F58(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)involved in organising an event in contravention of (or which the officer considers likely to be in contravention of) paragraph 4 of Schedule 1, paragraph 4 of Schedule 2, [F59paragraph 5 of Schedule 3] or paragraph 4 of Schedule 4.
(2) The enforcement officer may—
(a)direct P to follow such instructions as the officer considers necessary in order to stop the event;
(b)remove P from the location of the event;
(c)direct any person to leave the event;
(d)remove any person from the event;
(e)where the event has not started—
(i)direct P to follow such instructions as the officer considers necessary in order to stop the event from taking place;
(ii)remove P from the proposed location of the event.
(3) Where an enforcement officer has reasonable grounds for suspecting that a person (“P”) is involved in organising an event authorised under paragraph 5 of Schedule 1, paragraph 5 of Schedule 2 [F60, paragraph 6 of Schedule 3] F61... or paragraph 5 of Schedule 4 which the officer considers is being held in contravention of a requirement, restriction or other condition specified in relation to the authorisation, the officer may—
(a)direct P to follow such instructions as the officer considers necessary in order to secure compliance with the requirement, restriction or other condition;
(b)direct P to follow such instructions as the officer considers necessary in order to stop the event;
(c)remove P from the location of the event;
(d)direct any person to leave the event;
(e)remove any person from the event.
Textual Amendments
F58Reg. 31(1)(a) omitted (28.3.2022) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2022 (S.I. 2022/388), regs. 1(2), 2(10) (with reg. 3)
F59Words in reg. 31(1)(b) 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(7)(a)
F60Words in reg. 31(3) inserted (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(7)(b)
F61Words in reg. 31(3) 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(3)
Commencement Information
I10Reg. 31 in force at 20.12.2020, see reg. 1(3)
32.—F62(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F63(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Where an enforcement officer has reasonable grounds to suspect that a person is contravening (or is about to contravene) regulation 20(1), the officer may—
(a)direct the person not to enter the premises;
(b)remove the person from the premises.
Textual Amendments
F62Reg. 32(1) omitted (28.3.2022) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2022 (S.I. 2022/388), regs. 1(2), 2(11) (with reg. 3)
F63Reg. 32(2) omitted (28.3.2022) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2022 (S.I. 2022/388), regs. 1(2), 2(11) (with reg. 3)
Commencement Information
I11Reg. 32 in force at 20.12.2020, see reg. 1(3)
33.—(1) Where an enforcement officer has reasonable grounds to suspect that a person (“P”) in respect of whom the officer may exercise a power under this Part is a child accompanied by an individual (“I”) who has responsibility for P—
(a)the officer may direct I to take such action in respect of P as the officer considers appropriate, 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) For the purposes of paragraph (1), 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.
Commencement Information
I12Reg. 33 in force at 20.12.2020, see reg. 1(3)
34.—(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.
(4) An enforcement officer may enter premises which are wholly or mainly used as a private dwelling only if the enforcement officer is a constable.
Commencement Information
I13Reg. 34 in force at 20.12.2020, see reg. 1(3)
35.—(1) For the purposes of this regulation, a “road check” means the exercise in a locality of the power conferred by section 163 of the Road Traffic Act 1988 M3 in such a way as to stop, during the period for which the exercise of that power in that locality continues, all vehicles or vehicles selected by any criterion.
(2) A constable may conduct a road check for the purpose of ascertaining whether a vehicle is carrying a person who the constable reasonably believes—
(a)has committed, or
(b)intends to commit,
an offence under these Regulations.
(3) A road check must be authorised by a constable of the rank of superintendent or above.
(4) But a road check may be authorised by a constable below that rank if the constable considers it necessary as a matter of urgency.
(5) A constable may authorise a road check if the constable has reasonable grounds to believe that a person referred to in paragraph (2) is, or is about to be, in the locality in which vehicles would be stopped.
(6) An authorisation must be in writing and must specify—
(a)the locality in which vehicles are to be stopped;
(b)the period, not exceeding 7 days, during which the road check may take place;
(c)whether the road check is to be conducted—
(i)continuously throughout the period, or
(ii)at particular times during the period (in which case the authorisation must specify those times);
(d)the name of the constable giving the authorisation.
(7) Where a road check is authorised under paragraph (4)—
(a)the period specified in paragraph (6)(b) may not exceed 2 days;
(b)the constable giving the authorisation must, as soon as is reasonably practicable after giving it, inform a constable of the rank of superintendent or above that it has been given.
(8) A constable of the rank of superintendent or above may give authorisation in writing for a road check to continue for a further period, not exceeding 7 days, beyond the period for which the road check was initially authorised.
(9) Where a vehicle is stopped in a road check, the person in charge of the vehicle at the time when it is stopped is entitled to obtain a written statement of the purpose of the road check by applying in writing—
(a)to the police force responsible for the locality where the road check is conducted, and
(b)no later than the end of the period of 12 months from the day on which the vehicle was stopped.
36.—(1) An enforcement officer may take other action to facilitate the exercise of a power conferred on the officer by this Part.
(2) Action taken under paragraph (1) may include—
(a)requiring a person to give any information or answer any question the officer considers—
(i)necessary to enable the officer to determine whether to exercise a power conferred on the officer by this Part, or
(ii)is otherwise relevant to the exercise of such a power;
(b)directing a person to follow such instructions as the officer considers necessary.
(3) A constable may use reasonable force in the exercise of a power under—
(a)regulation 28(2)(b)(ii), (4)(c) or (5)(b);
F64(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F65(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)regulation 31(2)(b) (d) or (e)(ii), or (3)(c) or (e);
(e)regulation [F6632(3)(b)];
(f)regulation 34(1).
(4) An enforcement officer may only exercise a power under this Part if the officer considers that it is necessary and proportionate to do so.
(5) In this Part and Part 8 references to a requirement include references to a restriction.
Textual Amendments
F64Reg. 36(3)(b) omitted (28.3.2022) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2022 (S.I. 2022/388), regs. 1(2), 2(12)(a) (with reg. 3)
F65Reg. 36(3)(c) omitted (28.3.2022) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2022 (S.I. 2022/388), regs. 1(2), 2(12)(a) (with reg. 3)
F66Word in reg. 36(3)(e) substituted (28.3.2022) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2022 (S.I. 2022/388), regs. 1(2), 2(12)(b) (with reg. 3)
Commencement Information
I15Reg. 36 in force at 20.12.2020, see reg. 1(3)
37.—(1) A person who contravenes a requirement in—
(a)paragraph [F672(1)] of Schedule 1,
(b)paragraph [F682(1) F69...] or (3) of Schedule 2,
(c)paragraph 1(1) [F702(1) or 3(1)] of Schedule 3, or
(d)paragraph 1(1) or 2(1) of Schedule 4,
commits an offence.
F71(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F67Words in reg. 37(1)(a) substituted (26.12.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 25) Regulations 2021 (S.I. 2021/1485), regs. 1(2), 2(7)(a)(i)
F68Words in reg. 37(1)(b) substituted (26.12.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 25) Regulations 2021 (S.I. 2021/1485), regs. 1(2), 2(7)(a)(ii)
F69Word in reg. 37(1)(b) omitted (21.1.2022 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/55), regs. 1(2), 2(4)(a)
F70Words in reg. 37(1)(c) 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(8)
F71Reg. 37(2) omitted (28.1.2022 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/83), regs. 1(2), 2(8)
Commencement Information
I16Reg. 37 in force at 20.12.2020, see reg. 1(3)
F7238. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F72Reg. 38 omitted (17.5.2021 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 10) Regulations 2021 (S.I. 2021/583), regs. 1(2), 2(7)
39.—(1) A person who contravenes a requirement in—
(a)paragraph 4 of Schedule 1,
(b)paragraph 4 of Schedule 2,
(c)[F73paragraph 5] of Schedule 3, or
(d)paragraph 4 of Schedule 4,
commits an offence.
F74(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F75(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F73Words in reg. 39(1)(c) 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(9)
F74Reg. 39(2) omitted (28.3.2022) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2022 (S.I. 2022/388), regs. 1(2), 2(13) (with reg. 3)
F75Reg. 39(3) omitted (28.3.2022) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2022 (S.I. 2022/388), regs. 1(2), 2(13) (with reg. 3)
Commencement Information
I17Reg. 39 in force at 20.12.2020, see reg. 1(3)
F7640. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F76Reg. 40 omitted (28.3.2022) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2022 (S.I. 2022/388), regs. 1(2), 2(14) (with reg. 3)
F7740A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F77Reg. 40A omitted (18.2.2022) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 5) Regulations 2022 (S.I. 2022/142), regs. 1(2), 2(11)
41. A person who contravenes the requirement in regulation F78... 20(1) commits an offence.
Textual Amendments
F78Words in reg. 41 omitted (28.3.2022) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2022 (S.I. 2022/388), regs. 1(2), 2(15) (with reg. 3)
Commencement Information
I18Reg. 41 in force at 20.12.2020, see reg. 1(3)
42.—(1) A person who, without reasonable excuse, contravenes a requirement in—
(a)[F79paragraph 7(1)] of Schedule 1,
(b)[F80paragraph 7(1)] of Schedule 2,
(c)paragraphs 7(1), 8(1) or [F819(1)] of Schedule 3, or
(d)paragraphs 7(1), 8(1), 9(1) [F82, 10(1) or 11(3)] of Schedule 4,
commits an offence.
F83(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F84(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F84(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F84(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F79Words in reg. 42(1)(a) 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(10)(a)
F80Words in reg. 42(1)(b) 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(10)(b)
F81Word in reg. 42(1)(c) 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(10)(c)
F82Words in reg. 42(1)(d) substituted (22.12.2020 at 12.01 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/1623), regs. 1(2), 2(4)
F83Reg. 42(2) omitted (28.3.2022) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2022 (S.I. 2022/388), regs. 1(2), 2(16) (with reg. 3)
F84Reg. 42(3)-(5) omitted (18.4.2022) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 9) Regulations 2022 (S.I. 2022/450), regs. 1(2), 2(7)
Commencement Information
I19Reg. 42 in force at 20.12.2020, see reg. 1(3)
F8542A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F85Reg. 42A omitted (28.1.2022 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/83), regs. 1(2), 2(9)
43.—(1) A person who obstructs, without reasonable excuse, any person carrying out a function under these Regulations commits an offence.
(2) A person who, without reasonable excuse—
(a)contravenes a direction given—
(i)by an enforcement officer under Part 7, or
F86(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)fails to comply with a compliance notice given by an enforcement officer under regulation 27(1),
commits an offence.
Textual Amendments
F86Reg. 43(2)(a)(ii) omitted (28.3.2022) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2022 (S.I. 2022/388), regs. 1(2), 2(17) (with reg. 3)
Commencement Information
I20Reg. 43 in force at 20.12.2020, see reg. 1(3)
44. An offence under these Regulations is punishable on summary conviction by a fine.
Commencement Information
I21Reg. 44 in force at 20.12.2020, see reg. 1(3)
45. Section 24 of the Police and Criminal Evidence Act 1984 M4 applies in relation to an offence under these Regulations as if the reasons in subsection (5) included—
(a)to maintain public health;
(b)to maintain public order.
Commencement Information
I22Reg. 45 in force at 20.12.2020, see reg. 1(3)
Marginal Citations
M41984 c. 60. Section 24 was substituted by section 110(1) of the Serious Organised Crime and Police Act 2005 (c. 15).
46.—(1) If an offence under these Regulations committed by a body corporate is proved—
(a)to have been committed with the consent or connivance of an officer of the body, or
(b)to be attributable to any neglect on the part of such an officer,
the officer (as well as the body corporate) is guilty of the offence and liable to be prosecuted and proceeded against and punished accordingly.
(2) In paragraph (1), “officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body corporate.
(3) Proceedings for an offence under these Regulations alleged to have been committed by a partnership may be brought in the name of the partnership instead of in the name of any of the partners.
(4) Proceedings for an offence under these Regulations alleged to have been committed by an unincorporated body other than a partnership may be brought in the name of the body instead of in the name of any of its members and, for the purposes of any such proceedings, any rules of court relating to the service of documents have effect as if that body were a body corporate.
(5) Section 33 of the Criminal Justice Act 1925 M5 and Schedule 3 to the Magistrates' Courts Act 1980 M6 apply in proceedings for an offence brought against a partnership or an unincorporated body other than a partnership as they apply in relation to a body corporate.
(6) A fine imposed on a partnership on its conviction for an offence under these Regulations is to be paid out of the partnership assets.
(7) A fine imposed on an unincorporated body other than a partnership on its conviction for an offence under these Regulations is to be paid out of the funds of the body.
47.—(1) An enforcement officer may issue a fixed penalty notice to a person the officer reasonably believes—
(a)has committed an offence under these Regulations, and
(b)is aged 18 or over.
(2) A fixed penalty notice is a notice offering the person to whom it is issued the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty to—
(a)a local authority, or
(b)a person designated by the Welsh Ministers for the purposes of receiving payment under this regulation,
as the notice may specify.
(3) The Welsh Ministers may designate themselves under paragraph (2)(b).
(4) A person designated by the Welsh Ministers for the purposes of receiving payment under—
(a)regulation 13 of the Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020,
(b)regulation 21 of the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020,
(c)regulation 31 of the Health Protection (Coronavirus Restrictions) (No. 3) (Wales) Regulations 2020, or
(d)regulation 37 of the Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020
is to be treated as if designated for the purposes of receiving payment under this regulation.
(5) Where a local authority is specified in the notice it must be the authority (or as the case may be, one of the authorities) in whose area the offence is alleged to have been committed.
(6) Where a person is issued with a notice under this regulation in respect of an offence—
(a)no proceedings may be taken for the offence before the end of the period of 28 days following the date the notice is issued;
(b)the person may not be convicted of the offence if the person pays the fixed penalty before the end of that period.
Commencement Information
I24Reg. 47 in force at 20.12.2020, see reg. 1(3)
48.—(1) Unless regulation [F8750 or 52] applies, the amount of a fixed penalty is—
(a)£60, or
(b)if £30 is paid before the end of the period of 14 days following the date of the notice, £30.
(2) But if the person to whom such a fixed penalty notice is issued has already received a relevant fixed penalty notice—
(a)paragraph (1) does not apply, and
(b)the amount specified as the fixed penalty is—
(i)in the case of the second relevant fixed penalty notice received, £120;
(ii)in the case of the third relevant fixed penalty notice received, £240;
(iii)in the case of the fourth relevant fixed penalty notice received, £480;
(iv)in the case of the fifth relevant fixed penalty notice received, £960;
(v)in the case of the sixth and any subsequent relevant fixed penalty notice received, £1,920.
(3) In paragraph (2), “relevant fixed penalty notice” means—
(a)a fixed penalty notice where the amount of fixed penalty is determined under this regulation;
(b)a fixed penalty notice under—
(i)the Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020,
(ii)the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020 other than a notice to which regulation 21(7A) of those Regulations applies,
(iii)the Health Protection (Coronavirus Restrictions) (No. 3) (Wales) Regulations 2020 other than a notice to which regulation 31(8) of those Regulations applies,
(iv)the Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020 other than a notice to which regulation 39, 40, 41 or 42 of those Regulations applies,
(v)the Health Protection (Coronavirus Restrictions) (Functions of Local Authorities etc.) (Wales) Regulations 2020 M7.
Textual Amendments
F87Words in reg. 48(1) substituted (28.3.2022) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2022 (S.I. 2022/388), regs. 1(2), 2(18) (with reg. 3)
Commencement Information
I25Reg. 48 in force at 20.12.2020, see reg. 1(3)
Marginal Citations
M7S.I. 2020/1011 (W. 225).
F8849. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F88Reg. 49 omitted (28.3.2022) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2022 (S.I. 2022/388), regs. 1(2), 2(19) (with reg. 3)
F8949A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F89Reg. 49A omitted (17.5.2021 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 10) Regulations 2021 (S.I. 2021/583), regs. 1(2), 2(9)
50.—(1) Where a fixed penalty notice is issued in respect of an alleged offence under regulation 39(1), the amount of the fixed penalty is £500.
(2) But if the person to whom a fixed penalty notice is issued in respect of such an alleged offence has already received a relevant fixed penalty notice—
(a)paragraph (1) does not apply, and
(b)the amount of the fixed penalty is—
(i)in the case of the second such fixed penalty notice received, £1,000;
(ii)in the case of the third such fixed penalty notice received, £2,000;
(iii)in the case of the fourth and any subsequent such fixed penalty notice received, £4,000.
(3) In paragraph (2), “relevant fixed penalty notice” means—
(a)a fixed penalty notice where the amount of fixed penalty is determined under this regulation;
(b)a fixed penalty notice under the Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020 to which regulation 40 of those Regulations applies.
Commencement Information
I26Reg. 50 in force at 20.12.2020, see reg. 1(3)
F9051. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F90Reg. 51 omitted (28.3.2022) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2022 (S.I. 2022/388), regs. 1(2), 2(20) (with reg. 3)
52.—(1) This regulation applies to a fixed penalty notice issued in respect of an alleged offence under regulation 42(1) F91... F92... (an “alleged business offence”).
(2) Where a fixed penalty notice is issued in respect of an alleged business offence, the amount of the fixed penalty is £1,000.
(3) But if the person to whom a fixed penalty notice is issued in respect of an alleged business offence has already received a relevant fixed penalty notice—
(a)paragraph (2) does not apply, and
(b)the amount of the fixed penalty is—
(i)in the case of the second such fixed penalty notice received, £2,000;
(ii)in the case of the third such fixed penalty notice received, £4,000;
(iii)in the case of the fourth and any subsequent such fixed penalty notice received, £10,000.
(4) In paragraph (3), “relevant fixed penalty notice” means—
(a)a fixed penalty notice issued in respect of an alleged business offence;
(b)a fixed penalty notice under the Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020 to which regulation 42 of those Regulations applies.
Textual Amendments
F91Word in reg. 52(1) omitted (28.3.2022) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2022 (S.I. 2022/388), regs. 1(2), 2(21) (with reg. 3)
F92Words in reg. 52(1) omitted (18.4.2022) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 9) Regulations 2022 (S.I. 2022/450), regs. 1(2), 2(8)
Commencement Information
I27Reg. 52 in force at 20.12.2020, see reg. 1(3)
53.—(1) A fixed penalty notice must—
(a)give reasonably detailed particulars of the circumstances alleged to constitute the offence;
(b)state the period during which (because of regulation 47(6)(a)) proceedings will not be taken for the offence;
(c)specify the amount of the fixed penalty determined under regulation 48 F93..., F94... 50 F93... or 52 (as the case may be);
(d)state the name and address of the person to whom the fixed penalty may be paid;
(e)specify permissible methods of payment.
(2) Whatever other method may be specified under paragraph (1)(e), payment of a fixed penalty may be made by pre-paying and posting to the person whose name is stated under paragraph (1)(d), at the stated address, a letter containing the amount of the penalty (in cash or otherwise).
(3) Where a letter is sent as mentioned in paragraph (2), payment is regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.
(4) In any proceedings, a certificate—
(a)that purports to be signed by or on behalf of the person with responsibility for the financial affairs of—
(i)the local authority, or
(ii)the person designated under regulation 47(2)(b),
specified in the fixed penalty notice to which the proceedings relate, and
(b)which states that the payment of a fixed penalty was, or was not, received by the date specified in the certificate,
is evidence of the facts stated.
Textual Amendments
F93Words in reg. 53(1)(c) omitted (28.3.2022) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2022 (S.I. 2022/388), regs. 1(2), 2(22) (with reg. 3)
F94Word in reg. 53(1)(c) omitted (17.5.2021 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 10) Regulations 2021 (S.I. 2021/583), regs. 1(2), 2(10)
Commencement Information
I28Reg. 53 in force at 20.12.2020, see reg. 1(3)
54.—(1) Where the same, or largely the same, act or omission by a person may give rise to a reasonable belief that the person has committed more than one offence under these Regulations, a fixed penalty notice may be issued to the person only in respect of one of the alleged offences.
F95(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F95Reg. 54(2) omitted (28.3.2022) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2022 (S.I. 2022/388), regs. 1(2), 2(23) (with reg. 3)
Commencement Information
I29Reg. 54 in force at 20.12.2020, see reg. 1(3)
55.—(1) Relevant information may be used in evidence against the person to whom the information relates in criminal proceedings.
(2) Where the information is used in proceedings other than for an offence under these Regulations or section 5 of the Perjury Act 1911 M8 (false statements made otherwise than on oath)—
(a)no evidence relating to the information may be adduced by or on behalf of the prosecution, and
(b)no question relating to the information may be asked by or on behalf of the prosecution.
(3) Paragraph (2) does not apply if, in the proceedings—
(a)evidence relating to the information is adduced by or on behalf of the person who provided it, or
(b)a question relating to the information is asked by or on behalf of that person.
(4) In this regulation, “relevant information” means—
(a)information which is relevant information for the purposes of regulation 14;
(b)information, or the answer to a question, given in response to a requirement imposed under regulation 36(1);
(c)anything contained in a document or electronic records produced in response to a requirement imposed under paragraph 8(1) of Schedule 8.
Commencement Information
I30Reg. 55 in force at 20.12.2020, see reg. 1(3)
Marginal Citations
M81911 c. 6. Section 5 was amended by section 1(2) of the Criminal Justice Act 1948 (c. 58).
56.—(1) No proceedings for an offence under these Regulations may be brought other than by—
(a)the Director of Public Prosecutions,
(b)any person designated by the Welsh Ministers, or
(c)in relation to proceedings for [F96an offence mentioned in paragraph (1A)], a local authority.
[F97(1A) The offences referred to in paragraph (1)(c) are—
(a)an offence under regulation 42 F98...;
(b)an offence under regulation 43(1) where the person carrying out a function under these Regulations is an enforcement officer designated by a local authority;
(c)an offence under regulation 43(2)(a)(i) or (b) where the enforcement officer giving the direction or compliance notice is a person designated by a local authority.]
(2) A person designated by the Welsh Ministers under—
(a)regulation 14 of the Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020,
(b)regulation 22 of the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020,
(c)regulation 32 of the Health Protection (Coronavirus Restrictions) (No. 3) (Wales) Regulations 2020, or
(d)regulation 46 of the Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020,
is to be treated as if designated under this regulation.
Textual Amendments
F96Words in reg. 56(1)(c) 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(11)(a)
F97Reg. 56(1A) inserted (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(11)(b)
F98Words in reg. 56(1A)(a) omitted (28.3.2022) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2022 (S.I. 2022/388), regs. 1(2), 2(24) (with reg. 3)
Commencement Information
I31Reg. 56 in force at 20.12.2020, see reg. 1(3)
57.—(1) In these Regulations—
(a)“alcohol” has the meaning given by section 191 of the Licensing Act 2003 M9;
(b)“alternative wedding ceremony” means a ceremony—
(i)based on a person's faith or belief or lack of belief, to mark the union of two people, other than a ceremony for the purposes of solemnising a marriage or forming a civil partnership,
(ii)held in regulated premises, and
(iii)organised by a charitable, benevolent or philanthropic institution;
(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 M10,
(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 M11;
(d)“child” means a person who is aged under 18;
[F99(da)“close contact service” means a service which is ordinarily provided by any of the following—
(i)hair salons and barbers;
(ii)nail and beauty salons including tanning and electrolysis services;
(iii)body piercings and tattooing services;]
F100(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F101(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g)“ ” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);
[F102(ga)“COVID-19” is the official designation of the disease which can be caused by coronavirus;]
[F103(h)“elite athlete” means an individual who—
(i)derives a living from competing in a sport,
(ii)is designated as an elite athlete by the Sports Council for Wales for the purposes of—
(aa)these Regulations,
(bb)the Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020,
(cc)the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020,
(dd)the Health Protection (Coronavirus Restrictions) (No. 3) (Wales) Regulations 2020, or
(ee)the Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020,
[F104(iii)is a “domestic elite sportsperson” or an “international elite sportsperson” within the meaning given by—
(aa)paragraph 44(2) of Schedule 4 to the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021;
(bb)paragraph 42(2) of Schedule 4 to the Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Regulations 2021;
(cc)paragraphs 58 and 59 of Schedule 4 to the Health Protection (Coronavirus, International Travel) Regulations (Northern Ireland) 2021;]]
(i)“elite sporting event” means a sporting event at which only elite athletes are competing;
(j)“face covering” means a covering of any type which covers a person's nose and mouth;
(k)“food and drink business” means—
(i)bars (including bars in members' clubs);
(ii)public houses;
(iii)cafes, canteens and restaurants (including workplace canteens and dining rooms in members' clubs);
(l)“holiday site” means any land in Wales on which a mobile home or caravan is stationed for the purposes of human habitation (including any land in Wales used in conjunction with that land), in respect of which the relevant planning permission or the site licence for the land—
(i)is expressed to be granted for holiday use only, or
(ii)requires that there are times of the year when no mobile home or caravan may be stationed on the site for human habitation;
(m)“holiday or travel accommodation” means accommodation in—
(i)camping sites;
(ii)holiday sites;
(iii)hotels and bed and breakfast accommodation;
(iv)other holiday accommodation (including holiday apartments, hostels and boarding houses);
(n)“local authority” means the council of a county or county borough in Wales;
(o)“parental responsibility” has the same meaning as in the Children Act 1989 M12;
(p)a “person responsible for carrying on a business” includes the owner, proprietor, and manager of that business;
(q)“premises” includes any building or structure and any land;
(r)“public transport service” means a service provided to the general public for the carriage of passengers by road, railway, tramway, air or water;
(s)“regulated premises” has the meaning given by regulation 15(1);
F105(t). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(u)“single adult household” means—
(i)a household comprising of 1 adult (and any number of children), or
(ii)a household comprising of—
(aa)1 adult who has caring responsibilities for 1 or more other adults in the household,
(bb)the adult or adults being cared for,
(cc)no other adults, and
(dd)any number of children;
(v)“vehicle” includes an aircraft, a cable car, a train, a tram and a vessel;
(w)“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 M13.
(2) For the purposes of determining whether or not a site is a holiday site in accordance with paragraph (1)(l), any provision of the relevant planning permission or of the site licence which permits the stationing of a mobile home on the land for human habitation all year round is to be ignored if the mobile home is authorised to be occupied by—
(a)the person who is the owner of the site, or
(b)a person employed by that person who does not occupy the mobile home under an agreement to which Part 4 of the Mobile Homes (Wales) Act 2013 M14 applies.
(3) In these Regulations, references to a “private dwelling”—
(a)include a houseboat and any garden, yard, passage, stair, outhouse or other appurtenance of the dwelling;
(b)do not include the following—
(i)holiday or travel accommodation;
(ii)accommodation in a care home service, secure accommodation service or residential family centre service, within the meaning given to those terms by Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016 M15;
(iii)criminal justice accommodation.
(4) 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)an event is an occasion—
(i)which is planned or scheduled for a particular purpose, and
(ii)at which any number of people are in the same place for that purpose, whether or not they are participating in a gathering [F106at the event].
[F107(4A) For the purposes of these Regulations, where an event includes the playing of a team sport, members of a team playing in the event and any person providing coaching or other assistance to the team, are to be treated as if working at the event.]
(5) For the purposes of these Regulations—
(a)premises are indoors if they are enclosed or substantially enclosed within the meaning given by [F108regulation 3 of the Smoke-free Premises and Vehicles (Wales) Regulations 2020];
[F109(aa)a vehicle, or a part of a vehicle, is indoors if it is enclosed within the meaning given by that regulation;]
(b)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.
(6) For the purposes of these Regulations, the premises of a cinema or theatre is a drive-in cinema or theatre if—
(a)the premises are outdoors, and
(b)persons attending the showing of a film or performance at the premises—
(i)may only do so in an enclosed vehicle, and
(ii)may not, in so far as is reasonably practicable, leave the vehicle while at the premises.
(7) For the purposes of these Regulations, [F110a gathering [F111or event] is “regulated”] if—
(a)it is organised by—
(i)a business,
(ii)a public body or a charitable, benevolent, educational or philanthropic institution,
(iii)a club or political organisation, or
(iv)the national governing body of a sport or other activity, and
(b)the person organising it has—
(i)carried out a risk assessment which would satisfy the requirements of regulation 3 of the Management of Health and Safety at Work Regulations 1999 M16, whether or not the person is subject to those Regulations, and
(ii)complied with the requirements of [F112Part 4].
(8) For the purposes of paragraph (7)(b)—
(a)regulation 3 of the Management of Health and Safety at Work Regulations 1999 applies as if the [F113gathering] [F114or event] were an undertaking conducted by the person organising it;
(b)[F115Part 4] of these Regulations applies as if—
(i)the place where the [F113gathering] [F114or event] takes place were regulated premises [F116within the meaning given by regulation 15], and
(ii)the person organising the [F113gathering] [F114or event] were the responsible person in relation to those regulated premises.
[F117(9) For the purposes of these Regulations, a F118... gathering or event is not to be treated as being otherwise than “outdoors” by reason only of—
(a)the provision of indoor facilities for the sale [F119or consumption of food and drink];
(b)the provision of other indoor facilities necessary for the holding of the gathering or event.]
Textual Amendments
F99Reg. 57(1)(da) inserted (12.4.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(12)(a)
F100Reg. 57(1)(e) omitted (18.4.2022) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 9) Regulations 2022 (S.I. 2022/450), regs. 1(2), 2(9)
F101Reg. 57(1)(f) omitted (18.4.2022) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 9) Regulations 2022 (S.I. 2022/450), regs. 1(2), 2(9)
F102Reg. 57(1)(ga) inserted (21.6.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 13) Regulations 2021 (S.I. 2021/722), regs. 1(2), 2(5)(a)
F103Reg. 57(1)(h) substituted (20.2.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/172), regs. 1(2), 2(3)
F104Reg. 57(1)(h)(iii) substituted for reg. 57(1)(h)(iii)(iv)(v) (26.12.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 25) Regulations 2021 (S.I. 2021/1485), regs. 1(2), 2(9)(a)
F105Reg. 57(1)(t) omitted (12.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(12)(b)
F106Words in reg. 57(4)(b)(ii) inserted (17.5.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 10) Regulations 2021 (S.I. 2021/583), regs. 1(2), 2(11)(a)
F107Reg. 57(4A) inserted (26.12.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 25) Regulations 2021 (S.I. 2021/1485), regs. 1(2), 2(9)(b)
F108Words in reg. 57(5)(a) substituted (1.3.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 4) Regulations 2021 (S.I. 2021/210), regs. 1(3), 2(8)
F109Reg. 57(5)(aa) inserted (7.8.2021 at the beginning of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 15) Regulations 2021 (S.I. 2021/925), regs. 1(2), 2(21)
F110Words in reg. 57(7) substituted (17.5.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 10) Regulations 2021 (S.I. 2021/583), regs. 1(2), 2(11)(b)
F111Words in reg. 57(7) inserted (7.6.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 11) Regulations 2021 (S.I. 2021/668), regs. 1(2), 2(5)(a)(i)
F112Words in reg. 57(7)(b)(ii) substituted (7.6.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 11) Regulations 2021 (S.I. 2021/668), regs. 1(2), 2(5)(a)(ii)
F113Word in reg. 57(8) substituted (17.5.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 10) Regulations 2021 (S.I. 2021/583), regs. 1(2), 2(11)(c)
F114Words in reg. 57(8) inserted (7.6.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 11) Regulations 2021 (S.I. 2021/668), regs. 1(2), 2(5)(b)(i)
F115Words in reg. 57(8)(b) substituted (7.6.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 11) Regulations 2021 (S.I. 2021/668), regs. 1(2), 2(5)(b)(ii)(aa)
F116Words in reg. 57(8)(b)(i) substituted (7.6.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 11) Regulations 2021 (S.I. 2021/668), regs. 1(2), 2(5)(b)(ii)(bb)
F117Reg. 57(9) inserted (7.6.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 11) Regulations 2021 (S.I. 2021/668), regs. 1(2), 2(5)(c)
F118Word in reg. 57(9) omitted (9.10.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 18) Regulations 2021 (S.I. 2021/1131), regs. 1(2), 2(5)
F119Words in reg. 57(9)(a) substituted (21.6.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 13) Regulations 2021 (S.I. 2021/722), regs. 1(2), 2(5)(b)
Commencement Information
I32Reg. 57 in force at 20.12.2020, see reg. 1(3)
Marginal Citations
M9Section 191 has been amended by the Policing and Crime Act 2017 (c. 3) and S.I. 2006/2407.
M121989 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.
M13Section 60 was amended by section 65 of the Protection of Freedoms Act 2012 (c. 9).
M142013 anaw 6, as amended by the Housing (Wales) Act 2014 (anaw 7).
M16S.I. 1999/3242. Regulation 3 was amended by S.I. 2005/1541, S.I. 2015/21 and S.I. 2015/1637.
58. The following Regulations are revoked—
(a)the Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020, other than regulation 48;
(b)regulation 4 of the Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (Wales) Regulations 2020 M17;
(c)regulation 6 of the Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (No. 2) (Wales) Regulations 2020 M18.
Commencement Information
I33Reg. 58 in force at 20.12.2020, see reg. 1(3)
Marginal Citations
M17S.I. 2020/1237 (W. 279) as amended by S.I. 2020/1288 (W. 286).
M18S.I. 2020/1288 (W. 286).
59. In regulation 19(10) of the Health Protection (Coronavirus Restrictions) (Functions of Local Authorities etc.) (Wales) Regulations 2020, after sub-paragraph (d) insert—
“(e)the Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020 if regulation 48 of those Regulations applies to the notice.”
Commencement Information
I34Reg. 59 in force at 20.12.2020, see reg. 1(3)
Mark Drakeford
First Minister, one of the Welsh Ministers
Regulation 4(2)
F1201. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F120Sch. 1 para. 1 omitted (26.12.2021 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 25) Regulations 2021 (S.I. 2021/1485), regs. 1(2), 2(10)(a)
2.—[F121(1) No person may, without a reasonable excuse, participate in a gathering which takes place indoors other than in a private dwelling F122... which consists of more than 6 people unless all the persons participating in the gathering are members of the same household.]
F123(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F124(1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) In determining, for the purposes of [F125sub-paragraph (1)], the number of persons participating in a gathering no account is to be taken of—
[F126(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, or]
(b)the carer of a person who is participating in the gathering.
(3) 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 (5) applies.
(4) 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.
(5) The circumstances referred to in sub-paragraph (3)(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 an 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;
[F127(e)participating in an indoor gathering [F128at 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 26 March 2020;
(ii)celebrate the life of a deceased person whose funeral is held on or after 26 March 2020;]
(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;
[F129(i)participating in, attending or facilitating a regulated gathering or event that takes place to any extent indoors F130...;]
F131(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F132(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F133(ka). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(l)attending or facilitating an event authorised by the Welsh Ministers in accordance with paragraph 5.
[F134(5A) 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.]
F135(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F121Sch. 1 para. 2(1) substituted (17.7.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 14) Regulations 2021 (S.I. 2021/862), regs. 1(2), 2(4)(b)(i)
F122Words in Sch. 1 para. 2(1) omitted (26.12.2021 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 25) Regulations 2021 (S.I. 2021/1485), regs. 1(2), 2(10)(b)(i)
F123Sch. 1 para. 2(1A) omitted (26.12.2021 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 25) Regulations 2021 (S.I. 2021/1485), regs. 1(2), 2(10)(b)(ii)
F124Sch. 1 para. 2(1B) omitted (17.7.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 14) Regulations 2021 (S.I. 2021/862), regs. 1(2), 2(4)(b)(iii)
F125Words in Sch. 1 para. 2(2) substituted (26.12.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 25) Regulations 2021 (S.I. 2021/1485), regs. 1(2), 2(10)(b)(iii)
F126Sch. 1 para. 2(2)(a) substituted (17.7.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 14) Regulations 2021 (S.I. 2021/862), regs. 1(2), 2(4)(b)(iv)(bb)
F127Sch. 1 para. 2(5)(e) 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(12)(b)(i)
F128Words in Sch. 1 para. 2(5)(e) substituted (21.6.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 13) Regulations 2021 (S.I. 2021/722), regs. 1(2), 2(6)(a)(i)
F129Sch. 1 para. 2(5)(i) substituted (17.7.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 14) Regulations 2021 (S.I. 2021/862), regs. 1(2), 2(4)(b)(v)(aa)
F130Words in Sch. 1 para. 2(5)(i) omitted (26.12.2021 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 25) Regulations 2021 (S.I. 2021/1485), regs. 1(2), 2(10)(b)(iv)
F131Sch. 1 para. 2(5)(j) omitted (17.7.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 14) Regulations 2021 (S.I. 2021/862), regs. 1(2), 2(4)(b)(v)(bb)
F132Sch. 1 para. 2(5)(k) omitted (17.7.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 14) Regulations 2021 (S.I. 2021/862), regs. 1(2), 2(4)(b)(v)(bb)
F133Sch. 1 para. 2(5)(ka) omitted (26.12.2021 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 25) Regulations 2021 (S.I. 2021/1485), regs. 1(2), 2(10)(b)(v)
F134Sch. 1 para. 2(5A) inserted (26.12.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 25) Regulations 2021 (S.I. 2021/1485), regs. 1(2), 2(10)(b)(vi)
F135Sch. 1 para. 2(6) omitted (17.7.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 14) Regulations 2021 (S.I. 2021/862), regs. 1(2), 2(4)(b)(vi)
Commencement Information
I35Sch. 1 para. 2 in force at 20.12.2020, see reg. 1(3)
F1363. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F136Sch. 1 para. 3 omitted (26.12.2021 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 25) Regulations 2021 (S.I. 2021/1485), regs. 1(2), 2(10)(c)
4.—[F137(1) No person may, without a reasonable excuse, be involved in organising an event unless—
(a)the event is regulated (see regulation 57(7)), [F138and]
F139(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)[F140where the event is held to any extent indoors,] no more than the permitted number of people attend at any time.
(1A) The permitted number of people is—
(a)where every person attending is normally seated during the event, [F1411000];
(b)otherwise, [F142200].
(1B) 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.]
[F143(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 [F144regulation 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)an indoor gathering [F145at regulated premises F146...] to—
(i)celebrate a solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony that took place on or after 26 March 2020;
(ii)celebrate the life of a deceased person whose funeral is held on or after 26 March 2020;
F147(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g)a regulated gatheringF148... 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).
F149(ga). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F150(h)an event that is held to any extent indoors at regulated premises F151... 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 F152...;
[F153(i)an event that is held outdoors at which no more than 50 people are in attendance;]
[F154(ia)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 or where it is held outdoors,
(iii)a market, or
(iv)a religious service;
(ib)an elite sporting event at which the only people present are elite athletes and persons working or providing voluntary services for the event;]
F155(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
F155(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
[F156(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;
(b)a reasonable excuse includes where the person has taken all reasonable measures to ensure that no more than [F157the permitted number of people are present at the event at any time];
F158(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F158(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F137Sch. 1 para. 4(1)-(1B) substituted for Sch. 1 para. 4(1) (7.6.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 11) Regulations 2021 (S.I. 2021/668), regs. 1(2), 2(6)(c)(i)
F138Word in Sch. 1 para. 4(1)(a) inserted (17.7.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 14) Regulations 2021 (S.I. 2021/862), regs. 1(2), 2(4)(c)(i)(aa)
F139Sch. 1 para. 4(1)(b) omitted (17.7.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 14) Regulations 2021 (S.I. 2021/862), regs. 1(2), 2(4)(c)(i)(bb)
F140Words in Sch. 1 para. 4(1)(c) inserted (17.7.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 14) Regulations 2021 (S.I. 2021/862), regs. 1(2), 2(4)(c)(i)(cc)
F141Word in Sch. 1 para. 4(1A)(a) substituted (17.7.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 14) Regulations 2021 (S.I. 2021/862), regs. 1(2), 2(4)(c)(ii)(aa)
F142Word in Sch. 1 para. 4(1A)(b) substituted (17.7.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 14) Regulations 2021 (S.I. 2021/862), regs. 1(2), 2(4)(c)(ii)(bb)
F143Sch. 1 para. 4(2) substituted (7.6.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 11) Regulations 2021 (S.I. 2021/668), regs. 1(2), 2(6)(c)(ii)
F144Words in Sch. 1 para. 4(2)(a) substituted (26.12.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 25) Regulations 2021 (S.I. 2021/1485), regs. 1(2), 2(10)(d)(i)
F145Words in Sch. 1 para. 4(2)(e) substituted (8.6.2021 at 6.00 p.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 12) Regulations 2021 (S.I. 2021/686), regs. 1(2), 2(2)(a)
F146Words in Sch. 1 para. 4(2)(e) omitted (21.6.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 13) Regulations 2021 (S.I. 2021/722), regs. 1(2), 2(6)(c)(i)(aa)
F147Sch. 1 para. 4(2)(f) omitted (17.7.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 14) Regulations 2021 (S.I. 2021/862), regs. 1(2), 2(4)(c)(iii)(aa)
F148Words in Sch. 1 para. 4(2)(g) omitted (26.12.2021 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 25) Regulations 2021 (S.I. 2021/1485), regs. 1(2), 2(10)(d)(ii)
F149Sch. 1 para. 4(2)(ga) omitted (17.7.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 14) Regulations 2021 (S.I. 2021/862), regs. 1(2), 2(4)(c)(iii)(aa)
F150Sch. 1 para. 4(2)(h)-(j) inserted (8.6.2021 at 6.00 p.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 12) Regulations 2021 (S.I. 2021/686), regs. 1(2), 2(2)(c)
F151Words in Sch. 1 para. 4(2)(h) omitted (26.12.2021 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 25) Regulations 2021 (S.I. 2021/1485), regs. 1(2), 2(10)(d)(iii)
F152Words in Sch. 1 para. 4(2)(h)(ii) omitted (21.6.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 13) Regulations 2021 (S.I. 2021/722), regs. 1(2), 2(6)(c)(i)(cc)(ii)
F153Sch. 1 para. 4(2)(i) substituted (26.12.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 25) Regulations 2021 (S.I. 2021/1485), regs. 1(2), 2(10)(d)(iv)
F154Sch. 1 para. 4(2)(ia)(ib) inserted (21.6.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 13) Regulations 2021 (S.I. 2021/722), regs. 1(2), 2(6)(c)(i)(dd)
F155Sch. 1 para. 4(2)(j)(k) omitted (26.12.2021 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 25) Regulations 2021 (S.I. 2021/1485), regs. 1(2), 2(10)(d)(v)
F156Sch. 1 para. 4(2A) inserted (8.6.2021 at 6.00 p.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 12) Regulations 2021 (S.I. 2021/686), regs. 1(2), 2(2)(d)
F157Words in Sch. 1 para. 4(3)(b) substituted (7.6.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 11) Regulations 2021 (S.I. 2021/668), regs. 1(2), 2(6)(c)(iii)
F158Sch. 1 para. 4(3)(c)(d) omitted (21.6.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 13) Regulations 2021 (S.I. 2021/722), regs. 1(2), 2(6)(c)(ii)
Commencement Information
I36Sch. 1 para. 4 in force at 20.12.2020, see reg. 1(3)
5.—[F159(1) The Welsh Ministers may give authorisation in writing for an event to be held.]
F160(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.
[F161(4A) A requirement, restriction or other condition specified by the Welsh Ministers in an authorisation given under sub-paragraph (1) may modify [F162regulation 16] [F163, 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
F159Sch. 1 para. 5(1) substituted (17.5.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 10) Regulations 2021 (S.I. 2021/583), regs. 1(2), 2(12)(d)(i)
F160Sch. 1 para. 5(2) omitted (17.5.2021 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 10) Regulations 2021 (S.I. 2021/583), regs. 1(2), 2(12)(d)(ii)
F161Sch. 1 para. 5(4A) inserted (17.5.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 10) Regulations 2021 (S.I. 2021/583), regs. 1(2), 2(12)(d)(iii)
F162Words in Sch. 1 para. 5(4A) substituted (7.8.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 15) Regulations 2021 (S.I. 2021/925), regs. 1(3), 2(22)
F163Words in Sch. 1 para. 5(4A) inserted (26.12.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 25) Regulations 2021 (S.I. 2021/1485), regs. 1(2), 2(10)(e)
Commencement Information
I37Sch. 1 para. 5 in force at 20.12.2020, see reg. 1(3)
Textual Amendments
F164Sch. 1 Pt. 3 omitted (12.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(13)
F1646. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7.—(1) A person responsible for carrying on or providing a business or service listed in paragraph 9 F165... 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 F166... ;
(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
F165Words in Sch. 1 para. 7(1) omitted (26.12.2021 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 25) Regulations 2021 (S.I. 2021/1485), regs. 1(2), 2(10)(f)
F166Words in Sch. 1 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(4)(b)
Commencement Information
I38Sch. 1 para. 7 in force at 20.12.2020, see reg. 1(3)
F1678. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F167Sch. 1 para. 8 omitted (26.4.2021 immediately before the start of the day) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(12)(f)
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
I39Sch. 1 para. 9 in force at 20.12.2020, see reg. 1(3)
F16810. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Textual Amendments
F168Sch. 1 para. 10 omitted (26.12.2021 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 25) Regulations 2021 (S.I. 2021/1485), regs. 1(2), 2(10)(g)
F16911. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Textual Amendments
Regulation 4(3)
F1701. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F170Sch. 2 para. 1 omitted (26.12.2021 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 25) Regulations 2021 (S.I. 2021/1485), regs. 1(2), 2(11)(a)
2.—(1) No person may, without a reasonable excuse, participate in a gathering which—
[F171(a)takes place indoors, F172... other than in a private dwelling, and]
(b)consists of more than [F1736] people, not including—
(i)any children under the age of 11 [F174, 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.
[F175(2) But a person may participate in such a gathering if all the persons participating in the gathering are members of the same household.
F176(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
F177(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F178(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F179(3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) For the purposes of sub-paragraphs (1) F180... 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.
[F181(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;
[F182(e)participating in [F183a 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 [F1841 December 2021];
(ii)celebrate the life of a deceased person whose funeral is held on or after [F1851 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 [F186a regulated gathering that takes place [F187to any extent] indoors and] at which—
(i)no more than [F18830] people are in attendance, not counting persons under the age of 11 or persons working, or providing voluntary services, [F189at the gathering], and
(ii)no alcohol is consumed;
F190(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F191(k)participating in or facilitating an [F192regulated gathering] F193... for the development or well-being of [F194children] (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.
[F195(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
F171Sch. 2 para. 2(1)(a) substituted (26.12.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 25) Regulations 2021 (S.I. 2021/1485), regs. 1(2), 2(11)(b)(i)
F172Words in Sch. 2 para. 2(1)(a) omitted (21.1.2022 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/55), regs. 1(2), 2(5)(a)(i)
F173Word in Sch. 2 para. 2(1)(b) substituted (17.5.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 10) Regulations 2021 (S.I. 2021/583), regs. 1(2), 2(13)(a)(i)(aa)
F174Words in Sch. 2 para. 2(1)(b)(i) inserted (17.5.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 10) Regulations 2021 (S.I. 2021/583), regs. 1(2), 2(13)(a)(i)(bb)
F175Sch. 2 para. 2(2)(2A) substituted for Sch. 2 para. 2(2) (26.12.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 25) Regulations 2021 (S.I. 2021/1485), regs. 1(2), 2(11)(b)(ii)
F176Sch. 2 para. 2(2A) omitted (21.1.2022 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/55), regs. 1(2), 2(5)(a)(ii)
F177Sch. 2 para. 2(3) omitted (26.12.2021 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 25) Regulations 2021 (S.I. 2021/1485), regs. 1(2), 2(11)(b)(iii)
F178Sch. 2 para. 2(3A) omitted (26.12.2021 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 25) Regulations 2021 (S.I. 2021/1485), regs. 1(2), 2(11)(b)(iv)
F179Sch. 2 para. 2(3B) omitted (26.12.2021 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 25) Regulations 2021 (S.I. 2021/1485), regs. 1(2), 2(11)(b)(v)
F180Word in Sch. 2 para. 2(4) omitted (21.1.2022 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/55), regs. 1(2), 2(5)(a)(iii)
F181Sch. 2 para. 2(5)(j) inserted (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)(vi)
F182Sch. 2 para. 2(6)(e) 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)(aa)
F183Words in Sch. 2 para. 2(6)(e) substituted (26.12.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 25) Regulations 2021 (S.I. 2021/1485), regs. 1(2), 2(11)(b)(vii)(aa)
F184Words in Sch. 2 para. 2(6)(e)(i) substituted (26.12.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 25) Regulations 2021 (S.I. 2021/1485), regs. 1(2), 2(11)(b)(vii)(bb)
F185Words in Sch. 2 para. 2(6)(e)(ii) substituted (26.12.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 25) Regulations 2021 (S.I. 2021/1485), regs. 1(2), 2(11)(b)(vii)(cc)
F186Words in Sch. 2 para. 2(6)(i) substituted (17.5.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 10) Regulations 2021 (S.I. 2021/583), regs. 1(2), 2(13)(a)(iv)(aa)
F187Words in Sch. 2 para. 2(6)(i) substituted (7.6.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 11) Regulations 2021 (S.I. 2021/668), regs. 1(2), 2(7)(a)(i)
F188Word 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)
F189Words in Sch. 2 para. 2(6)(i)(i) substituted (17.5.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 10) Regulations 2021 (S.I. 2021/583), regs. 1(2), 2(13)(a)(iv)(bb)
F190Sch. 2 para. 2(6)(j) omitted (21.1.2022 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/55), regs. 1(2), 2(5)(a)(iv)
F191Sch. 2 para. 2(6)(k) substituted (3.5.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 9) Regulations 2021 (S.I. 2021/542), regs. 1(2), 2(4)(a)
F192Words in Sch. 2 para. 2(6)(k) substituted (17.5.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 10) Regulations 2021 (S.I. 2021/583), regs. 1(2), 2(13)(a)(vi)
F193Words in Sch. 2 para. 2(6)(k) omitted (26.12.2021 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 25) Regulations 2021 (S.I. 2021/1485), regs. 1(2), 2(11)(b)(viii)(aa)
F194Word in Sch. 2 para. 2(6)(k) substituted (26.12.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 25) Regulations 2021 (S.I. 2021/1485), regs. 1(2), 2(11)(b)(viii)(bb)
F195Sch. 2 para. 2(8) inserted (26.12.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 25) Regulations 2021 (S.I. 2021/1485), regs. 1(2), 2(11)(b)(ix)
Commencement Information
I40Sch. 2 para. 2 in force at 20.12.2020, see reg. 1(3)
F1963. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F196Sch. 2 para. 3 omitted (26.12.2021 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 25) Regulations 2021 (S.I. 2021/1485), regs. 1(2), 2(11)(c)
4.—[F197[F198(1) No person may, without a reasonable excuse, be involved in organising an event [F199held 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.]
[F200(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 [F201regulation 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)[F202a 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 [F2031 December 2021];
(ii)celebrate the life of a deceased person whose funeral is held on or after [F2041 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, F205... and
(ii)no alcohol is consumed;
F206(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(h)a regulated gathering F207... 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).
[F208(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 F209...,
(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;
F210(l). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F211(m). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]]
[F212(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;
F213(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F214(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F214(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F197Sch. 2 para. 4(1)(1A) substituted for Sch. 2 para. 4(1) (7.6.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 11) Regulations 2021 (S.I. 2021/668), regs. 1(2), 2(7)(b)(i)
F198Sch. 2 para. 4(1) substituted (26.12.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 25) Regulations 2021 (S.I. 2021/1485), regs. 1(2), 2(11)(d)(i)
F199Words in Sch. 2 para. 4(1) substituted (21.1.2022 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/55), regs. 1(2), 2(5)(b)(i)
F200Sch. 2 para. 4(2) substituted (7.6.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 11) Regulations 2021 (S.I. 2021/668), regs. 1(2), 2(7)(b)(ii)
F201Words in Sch. 2 para. 4(2)(a) substituted (26.12.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 25) Regulations 2021 (S.I. 2021/1485), regs. 1(2), 2(11)(d)(ii)
F202Words in Sch. 2 para. 4(2)(e) substituted (26.12.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 25) Regulations 2021 (S.I. 2021/1485), regs. 1(2), 2(11)(d)(iii)(aa)
F203Words in Sch. 2 para. 4(2)(e)(i) substituted (26.12.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 25) Regulations 2021 (S.I. 2021/1485), regs. 1(2), 2(11)(d)(iii)(bb)
F204Words in Sch. 2 para. 4(2)(e)(ii) substituted (26.12.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 25) Regulations 2021 (S.I. 2021/1485), regs. 1(2), 2(11)(d)(iii)(cc)
F205Words in Sch. 2 para. 4(2)(f)(i) omitted (21.6.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 13) Regulations 2021 (S.I. 2021/722), regs. 1(2), 2(7)(a)(ii)
F206Sch. 2 para. 4(2)(g) omitted (21.1.2022 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/55), regs. 1(2), 2(5)(b)(ii)(aa)
F207Words in Sch. 2 para. 4(2)(h) omitted (26.12.2021 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 25) Regulations 2021 (S.I. 2021/1485), regs. 1(2), 2(11)(d)(v)
F208Sch. 2 para. 4(2)(i)-(m) inserted (21.6.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 13) Regulations 2021 (S.I. 2021/722), regs. 1(2), 2(7)(a)(iv)
F209Words in Sch. 2 para. 4(2)(j)(ii) omitted (21.1.2022 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/55), regs. 1(2), 2(5)(b)(ii)(bb)
F210Sch. 2 para. 4(2)(l) omitted (15.1.2022) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) Regulations 2022 (S.I. 2022/39), regs. 1(2), 2(3)(b)(ii)
F211Sch. 2 para. 4(2)(m) omitted (26.12.2021 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 25) Regulations 2021 (S.I. 2021/1485), regs. 1(2), 2(11)(d)(vii)
F212Sch. 2 para. 4(2A) inserted (21.6.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 13) Regulations 2021 (S.I. 2021/722), regs. 1(2), 2(7)(b)
F213Sch. 2 para. 4(3)(b) omitted (21.1.2022 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/55), regs. 1(2), 2(5)(b)(iii)
F214Sch. 2 para. 4(3)(c)(d) omitted (21.6.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 13) Regulations 2021 (S.I. 2021/722), regs. 1(2), 2(7)(c)
Commencement Information
I41Sch. 2 para. 4 in force at 20.12.2020, see reg. 1(3)
5.—[F215(1) The Welsh Ministers may give authorisation in writing for an event to be held.]
F216(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.
[F217(4A) A requirement, restriction or other condition specified by the Welsh Ministers in an authorisation given under sub-paragraph (1) may modify [F218regulation 16] [F219, 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
F215Sch. 2 para. 5(1) substituted (17.5.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 10) Regulations 2021 (S.I. 2021/583), regs. 1(2), 2(13)(c)(i)
F216Sch. 2 para. 5(2) omitted (17.5.2021 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 10) Regulations 2021 (S.I. 2021/583), regs. 1(2), 2(13)(c)(ii)
F217Sch. 2 para. 5(4A) inserted (17.5.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 10) Regulations 2021 (S.I. 2021/583), regs. 1(2), 2(13)(c)(iii)
F218Words in Sch. 2 para. 5(4A) substituted (7.8.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 15) Regulations 2021 (S.I. 2021/925), regs. 1(3), 2(23)
F219Words in Sch. 2 para. 5(4A) inserted (26.12.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 25) Regulations 2021 (S.I. 2021/1485), regs. 1(2), 2(11)(e)
Commencement Information
I42Sch. 2 para. 5 in force at 20.12.2020, see reg. 1(3)
Textual Amendments
F220Sch. 2 Pt. 3 omitted (12.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(14)
F2206. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7.—(1) A person responsible for carrying on or providing a business or service listed in paragraph 9 F221... 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 F222... ;
(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
F221Words in Sch. 2 para. 7(1) omitted (26.12.2021 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 25) Regulations 2021 (S.I. 2021/1485), regs. 1(2), 2(11)(f)
F222Words 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
I43Sch. 2 para. 7 in force at 20.12.2020, see reg. 1(3)
F2238. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F223Sch. 2 para. 8 omitted (26.4.2021 immediately before the start of the day) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(13)(f)
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
I44Sch. 2 para. 9 in force at 20.12.2020, see reg. 1(3)
F22410. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Textual Amendments
F224Sch. 2 para. 10 omitted (26.12.2021 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 25) Regulations 2021 (S.I. 2021/1485), regs. 1(2), 2(11)(g)
F22511. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Textual Amendments
F225Sch. 2 para. 11 omitted (26.12.2021 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 25) Regulations 2021 (S.I. 2021/1485), regs. 1(2), 2(11)(g)
Regulation 4(4)
Textual Amendments
F226Sch. 3 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(14)
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.
(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, 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)meeting a legal obligation;
(c)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;
(d)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;
(e)moving home;
(f)undertaking activities in connection with the purchase, sale, letting or rental of residential property;
(g)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;
(c)working or providing voluntary or charitable services, or obtaining services from a person working or providing voluntary or charitable services;
(d)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.
(7) This paragraph does not apply to a person who is homeless.
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.
(2) But a person may participate in such a gathering outdoors if the gathering consists of no more than 6 persons.
(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, 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)meeting a legal obligation;
(c)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;
(d)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.
(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)working or providing voluntary or charitable services;
(d)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;
(e)participating in an indoor gathering of no more than 15 people at holiday or travel accommodation, not counting persons under the age of 11 or persons working at the premises, to—
(i)celebrate a solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony that took place on or after 26 March 2020;
(ii)celebrate the life of a deceased person whose funeral is held on or after 26 March 2020,
at which no alcohol is consumed;
(f)participating in an outdoor gathering of no more than 30 people at holiday or travel accommodation, not counting persons under the age of 11 or persons working at the premises, to—
(i)celebrate a solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony that took place on or after 26 March 2020;
(ii)celebrate the life of a deceased person whose funeral is held on or after 26 March 2020;
(g)participating in or facilitating [F227a regulated gathering that takes place [F228to any extent] indoors and] at which—
(i)no more than 15 people are in attendance, not counting persons under the age of 11 or persons working, or providing voluntary services, [F229at the gathering], and
(ii)no alcohol is consumed;
(h)participating in or facilitating [F230a regulated gathering that takes place F231... outdoors and] at which—
(i)no more than 30 people are in attendance, not counting persons under the age of 11 or persons working, or providing voluntary services, [F232at the gathering], and
(ii)no alcohol is consumed;
(i)attending or facilitating an event authorised by the Welsh Ministers in accordance with paragraph 6.
(7) This paragraph does not apply to a person who is homeless.
Textual Amendments
F227Words in Sch. 3 para. 2(6)(g) substituted (17.5.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 10) Regulations 2021 (S.I. 2021/583), regs. 1(2), 2(14)(a)(i)(aa)
F228Words in Sch. 3 para. 2(6)(g) substituted (7.6.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 11) Regulations 2021 (S.I. 2021/668), regs. 1(2), 2(8)(a)(i)
F229Words in Sch. 3 para. 2(6)(g)(i) substituted (17.5.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 10) Regulations 2021 (S.I. 2021/583), regs. 1(2), 2(14)(a)(i)(bb)
F230Words in Sch. 3 para. 2(6)(h) substituted (17.5.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 10) Regulations 2021 (S.I. 2021/583), regs. 1(2), 2(14)(a)(ii)(aa)
F231Words in Sch. 3 para. 2(6)(h) omitted (7.6.2021 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 11) Regulations 2021 (S.I. 2021/668), regs. 1(2), 2(8)(a)(ii)
F232Words in Sch. 3 para. 2(6)(h)(i) substituted (17.5.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 10) Regulations 2021 (S.I. 2021/583), regs. 1(2), 2(14)(a)(ii)(bb)
3.—(1) No person may, without a reasonable excuse, participate in a gathering 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—
(a)outdoors in regulated premises if the gathering consists of no more than 6 persons;
(b)outdoors other than in regulated premises if—
(i)the gathering consists of no more than 6 persons, or
(ii)all the persons participating in the gathering are members of the same extended household.
(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, 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, 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)participating in an indoor gathering of no more than 15 people at regulated premises, not counting persons under the age of 11 or persons working at the premises, to—
(i)celebrate a solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony that took place on or after 26 March 2020;
(ii)celebrate the life of a deceased person whose funeral is held on or after 26 March 2020,
at which no alcohol is consumed;
(f)participating in an outdoor gathering of no more than 30 people at regulated premises, not counting persons under the age of 11 or persons working at the premises, to—
(i)celebrate a solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony that took place on or after 26 March 2020;
(ii)celebrate the life of a deceased person whose funeral is held on or after 26 March 2020;
(g)attending a place of worship;
(h)an elite athlete and is training or competing;
(i)providing coaching or other support to an elite athlete, or providing support at an elite sporting event;
(j)participating in or facilitating [F233a regulated gathering that takes place [F234to any extent] indoors and] at which—
(i)no more than 15 people are in attendance, not counting persons under the age of 11 or persons working, or providing voluntary services, [F235at the gathering], and
(ii)no alcohol is consumed;
(k)participating in or facilitating [F236a regulated gathering that takes place F237... outdoors and] at which—
(i)no more than 30 people are in attendance, not counting persons under the age of 11 or persons working, or providing voluntary services, [F238at the gathering, unless the gathering] is organised for the purposes of protest, or picketing carried out in accordance with the Trade Union and Labour Relations (Consolidation) Act 1992, and
(ii)no alcohol is consumed;
(l)participating in or facilitating [F239a 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);
(m)attending or facilitating an event authorised by the Welsh Ministers in accordance with paragraph 6.
(7) This paragraph does not apply to a person who is homeless.
Textual Amendments
F233Words in Sch. 3 para. 3(6)(j) substituted (17.5.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 10) Regulations 2021 (S.I. 2021/583), regs. 1(2), 2(14)(b)(i)(aa)
F234Words in Sch. 3 para. 3(6)(j) substituted (7.6.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 11) Regulations 2021 (S.I. 2021/668), regs. 1(2), 2(8)(b)(i)
F235Words in Sch. 3 para. 3(6)(j)(i) substituted (17.5.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 10) Regulations 2021 (S.I. 2021/583), regs. 1(2), 2(14)(b)(i)(bb)
F236Words in Sch. 3 para. 3(6)(k) substituted (17.5.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 10) Regulations 2021 (S.I. 2021/583), regs. 1(2), 2(14)(b)(ii)(aa)
F237Words in Sch. 3 para. 3(6)(k) omitted (7.6.2021 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 11) Regulations 2021 (S.I. 2021/668), regs. 1(2), 2(8)(b)(ii)
F238Words in Sch. 3 para. 3(6)(k)(i) substituted (17.5.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 10) Regulations 2021 (S.I. 2021/583), regs. 1(2), 2(14)(b)(ii)(bb)
F239Words in Sch. 3 para. 3(6)(l) substituted (17.5.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 10) Regulations 2021 (S.I. 2021/583), regs. 1(2), 2(14)(b)(ii)(cc)
4.—(1) 2 households may agree to be treated as an extended household.
(2) In addition to the 2 households who may agree to be treated as an extended household under sub-paragraph (1), 1 well-being needs household may also agree to be treated as part of that extended household.
(3) To agree to be treated as an extended household, all members of the households must agree.
(4) A household may only agree to be treated as being in 1 extended household at any one time.
(5) Where a household has agreed to be treated as an extended household with any other households under paragraph 3 of Schedule 1 (“the previous extended household”), it may make an agreement under this paragraph only with those other households, unless a period of at least 10 days has expired since any member of the household last participated in a gathering with a member of those households in reliance on being treated as part of the previous extended household.
(6) Where households have agreed to be treated as an extended household under—
(a)paragraph 3 of Schedule 2,
(b)paragraph 4 of Schedule 3A [F240(despite its revocation by the Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 9) Regulations 2021)], or
(c)paragraph 3 of Schedule 4,
those households are to be treated as having agreed to be treated as an extended household under this paragraph.
(7) 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.
(8) Sub-paragraph (9) 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.
(9) Where this sub-paragraph applies—
(a)the agreement required by sub-paragraph (3) 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 (7) if P ceases to agree to be treated as part of the extended household (whether or not the child also ceases to agree).
(10) 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.
(11) In this Schedule, references to an extended household are references to an extended household formed under or by virtue of this paragraph.
(12) 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.
Textual Amendments
F240Words in Sch. 3 para. 4(6)(b) inserted (3.5.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 9) Regulations 2021 (S.I. 2021/542), regs. 1(2), 2(5)(a)
5.—[F241(1) No person may, without a reasonable excuse, be involved in organising an event unless—
(a)the event is regulated (see regulation 57(7)),
(b)the event is held outdoors, and
(c)no more than 30 people attend at any time.
(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.]
[F242(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 paragraph 1;
(b)an event authorised by the Welsh Ministers under paragraph 6;
(c)a solemnisation of a marriage, formation of a civil partnership or an alternative wedding ceremony;
(d)a funeral;
(e)an indoor gathering of no more than 15 people at regulated premises, or an outdoor gathering of no more than 30 people at such premises, not counting (in either case) persons under the age of 11 or persons working at the premises, to—
(i)celebrate a solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony that took place on or after 26 March 2020;
(ii)celebrate the life of a deceased person whose funeral is held on or after 26 March 2020;
(f)a regulated gathering that takes place to any extent indoors and at which—
(i)no more than 15 people are in attendance, not counting persons under the age of 11 or persons working, or providing voluntary services, at the gathering, and
(ii)no alcohol is consumed;
(g)a regulated gathering that takes place outdoors and at which—
(i)no more than 30 people are in attendance, not counting persons under the age of 11 or persons working, or providing voluntary services, at the gathering, unless the gathering is organised for the purposes of protest, or picketing carried out in accordance with the Trade Union and Labour Relations (Consolidation) Act 1992, and
(ii)no alcohol is consumed;
(h)a regulated gathering, in premises other than holiday or travel accommodation, 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).]
(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;
(b)a reasonable excuse includes where the person has taken all reasonable measures to ensure that no more than [F24330 people are present at the event at any time];
[F244(c)where—
(i)a market, or
(ii)a religious service,
is held in premises ordinarily used for that purpose or outdoors, it is not to be treated as an event;
(d)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)an elite sporting event at which the only people present are elite athletes and persons working or providing voluntary services at the event.]
Textual Amendments
F241Sch. 3 para. 5(1)(1A) substituted for Sch. 3 para. 5(1) (7.6.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 11) Regulations 2021 (S.I. 2021/668), regs. 1(2), 2(8)(c)(i)
F242Sch. 3 para. 5(2) substituted (7.6.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 11) Regulations 2021 (S.I. 2021/668), regs. 1(2), 2(8)(c)(ii)
F243Words in Sch. 3 para. 5(3)(b) substituted (7.6.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 11) Regulations 2021 (S.I. 2021/668), regs. 1(2), 2(8)(c)(iii)
F244Sch. 3 para. 5(3)(c)(d) substituted for Sch. 3 para. 5(3)(c) (17.5.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 10) Regulations 2021 (S.I. 2021/583), regs. 1(2), 2(14)(c)
6.—[F245(1) The Welsh Ministers may give authorisation in writing for an event to be held.]
F246(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.
[F247(4A) A requirement, restriction or other condition specified by the Welsh Ministers in an authorisation given under sub-paragraph (1) may modify [F248regulation 16] (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
F245Sch. 3 para. 6(1) substituted (17.5.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 10) Regulations 2021 (S.I. 2021/583), regs. 1(2), 2(14)(d)(i)
F246Sch. 3 para. 6(2) omitted (17.5.2021 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 10) Regulations 2021 (S.I. 2021/583), regs. 1(2), 2(14)(d)(ii)
F247Sch. 3 para. 6(4A) inserted (17.5.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 10) Regulations 2021 (S.I. 2021/583), regs. 1(2), 2(14)(d)(iii)
F248Words in Sch. 3 para. 6(4A) substituted (7.8.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 15) Regulations 2021 (S.I. 2021/925), regs. 1(3), 2(24)
7.—(1) A person responsible for carrying on a business which is listed in paragraphs 11 to 13 (food and drink businesses) must close to members of the public any part of its premises which is indoors and used for the consumption of food or drink.
(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;
(d)the use of premises for any purpose as may be requested or authorised by the Welsh Ministers or a local authority;
(e)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) Sub-paragraph (1) does not apply to—
(a)cafés and canteens at a hospital, care home, school or within accommodation provided for students;
(b)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.
(4) 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.
(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.
8.—(1) A person responsible for carrying on a business which is listed in paragraphs 14 to 17 (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.
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), F249... 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.
[F250(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 [F251a 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
F249Words 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)
F250Sch. 3 para. 9(4) substituted (3.5.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 9) Regulations 2021 (S.I. 2021/542), regs. 1(2), 2(5)(b)(ii)
F251Words in Sch. 3 para. 9(4) substituted (17.5.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 10) Regulations 2021 (S.I. 2021/583), regs. 1(2), 2(14)(e)
10. Despite the preceding provisions of this Part—
(a)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—
(i)to the extent that this is required for the purposes of the solemnisation of a marriage, formation of civil partnership or alternative wedding ceremony at the premises, or the celebration of such an event at the premises;
(ii)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;
(b)premises used as a venue for the celebration of the life of a deceased person may open to the public to the extent that this is required for such a celebration at the premises.]
Textual Amendments
F252Sch. 3 para. 10 substituted (17.5.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 10) Regulations 2021 (S.I. 2021/583), regs. 1(2), 2(14)(f)
11. Bars (including bars in members’ clubs).E+W
12. Public houses.E+W
13. Cafes, canteens and restaurants (including workplace canteens and dining rooms in members’ clubs).E+W
14. Camping sites.E+W
15. Holiday sites.E+W
16. Hotels and bed and breakfast accommodation.E+W
17. Other holiday accommodation (including holiday apartments, hostels and boarding houses).E+W
18. 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.E+W
19. Sexual entertainment venues (within the meaning given by paragraph 2A of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982).E+W
20. Cinemas, other than drive in cinemas.E+W
21. Concert halls and theatres, other than drive in theatres.E+W
22. Casinos.E+W
23. Bingo halls.E+W
24. Amusement arcades.E+W
25. Bowling alleys.E+W
26. Indoor play centres or areas.E+W
27. Funfairs, amusement parks and theme parks.E+W
28. Holiday, leisure activity or events businesses.E+W
29. Museums and galleries.E+W
30. Ice skating rinks.E+W
31. Trampoline parks and centres.E+W
32. Indoor skate parks and centres.E+W
[F25333. Steam rooms.]E+W
Textual Amendments
F253Sch. 3 para. 33 substituted (3.5.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 9) Regulations 2021 (S.I. 2021/542), regs. 1(2), 2(5)(c)
34. Venues for events or conferences (including venues for weddings).E+W
35. Visitor attractions.]E+W
Regulation 4(6A)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F254Sch. 3A 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(6)
Regulation 4(5)
1.—(1) No person may, without a reasonable excuse, leave the place where they are living or remain away from that place.
(2) For the purposes of sub-paragraph (1), a person has a reasonable excuse if—
(a)the person leaves or remains away from the place where they are living 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 leave or remain away from the place where they are living include—
(a)obtaining supplies from a business or service listed in paragraphs 55 to 66 , including—
(i)food and medical supplies for those in the same household or extended household (including animals in the household or extended household) or for vulnerable persons;
(ii)supplies for the essential upkeep, maintenance and functioning of the household or extended household, or the household of a vulnerable person;
(b)obtaining or providing medical assistance, or accessing veterinary services;
(c)working or providing voluntary or charitable services;
(d)meeting a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings;
(e)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;
(f)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;
(g)moving home;
(h)obtaining money from or depositing money with any business or service listed in paragraph 39(g) of Schedule 7;
(i)viewing a property in connection with the purchase, sale, letting or rental of the property;
(j)undertaking activities in connection with the purchase, sale, letting or rental of residential property;
(k)accessing or receiving public services;
(l)accessing or receiving educational services.
(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;
(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)exercising, either—
(i)alone,
(ii)with other members of the person's household or extended household, F255...
(iii)with the person's carer [F256, or]
[F257(iv)with 1 other person who is not a member of the person’s household or extended household or the person’s carer, and any children under the age of 11 who are members of either person’s household;]
(g)an elite athlete and is training or competing;
(h)providing coaching or other support to an elite athlete, or providing support at—
(i)an elite sporting event, or
(ii)a sporting event taking place outside Wales;
(i)travelling to vote in an election;
(j)travelling to or from, or is present at, a place where a member of their extended household is living.
(5) In sub-paragraph (4)(f)—
(a)exercise must start and finish at the place where the person is living or where a member of the person's extended household is living, or
(b)where, for reasons of physical or mental illness or impairment, or a disability (within the meaning of section 6 of the Equality Act 2010), the person needs to exercise in another place, exercise must take place in an area local to the place where the person is living.
(6) This paragraph does not apply to a person who is homeless.
Textual Amendments
F255Word in Sch. 4 para. 1(4)(f)(ii) omitted (17.5.2021 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 10) Regulations 2021 (S.I. 2021/583), regs. 1(2), 2(15)(a)(i)
F256Word in Sch. 4 para. 1(4)(f)(iii) substituted (17.5.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 10) Regulations 2021 (S.I. 2021/583), regs. 1(2), 2(15)(a)(ii)
F257Sch. 4 para. 1(4)(f)(iv) inserted (17.5.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 10) Regulations 2021 (S.I. 2021/583), regs. 1(2), 2(15)(a)(iii)
Commencement Information
I45Sch. 4 para. 1 in force at 20.12.2020, see reg. 1(3)
2.—(1) No person may, without a reasonable excuse, gather with any other person apart from—
(a)members of their household,
(b)their carer, or
(c)a person they are providing care to.
(2) For the purposes of sub-paragraph (1), a person has a reasonable excuse if—
(a)the person is gathering with other people 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, 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 sub-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)viewing a property in connection with the purchase, sale, letting or rental of the property;
(h)undertaking activities in connection with the purchase, sale, letting or rental of residential property;
(i)accessing or receiving public services;
(j)accessing or receiving educational services;
(k)avoiding illness, injury or other risk of harm.
(4) The circumstances referred to in sub-paragraph (2)(b) are that the person is—
(a)providing or receiving emergency assistance;
(b)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 wedding,
(ii)if invited to attend, or
(iii)as the carer of a person attending;
(c)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;
(d)attending a place of worship;
(e)an elite athlete and is training or competing;
(f)providing coaching or other support to an elite athlete, or providing support at an elite sporting event;
(g)participating in a gathering with members of their extended household at a place where members of the extended household are living;
(h)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;
[F258(i)exercising outdoors, except in a private dwelling, with—
(i)members of the person’s extended household, [F259or]
[F260(ii)1 other person and any children under the age of 11 who are members of either person’s household,]
together with any carer of a person participating who is present.]
(5) This paragraph does not apply to a person who is homeless.
Textual Amendments
F258Sch. 4 para. 2(4)(i) inserted (30.1.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/103), regs. 1(2), 2(6)(b)
F259Word in Sch. 4 para. 2(4)(i)(i) inserted (17.5.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 10) Regulations 2021 (S.I. 2021/583), regs. 1(2), 2(15)(b)(i)
F260Sch. 4 para. 2(4)(i)(ii) inserted (17.5.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 10) Regulations 2021 (S.I. 2021/583), regs. 1(2), 2(15)(b)(ii)
Commencement Information
I46Sch. 4 para. 2 in force at 20.12.2020, see reg. 1(3)
3.—(1) A [F261well-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 [F262members of the households] must agree.
(3) A household may only agree to be treated as being in 1 extended household [F263at any one time].
(4) Where a [F264well-being needs] household has agreed to be treated as an extended household with up to—
(a)3 other households under paragraph 3 of Schedule 1, or
(b)2 other households under—
(i)paragraph 3 of Schedule 2, or
(ii)paragraph 3 of Schedule 3,
[F265(“the previous extended household”),] an agreement under this paragraph may be made only between the [F264well-being needs] household and 1 of those other households [F266unless a period of at least 10 days has expired since any member of the [F264well-being needs] household last participated in a gathering with a member of those households in reliance on being treated as part of the previous extended household].
(5) A household ceases to be treated as [F267part of] an extended household if any F268... member of the household ceases to agree to be treated as [F267part of] the extended household.
[F269(5A) Sub-paragraph (5B) 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.
(5B) 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).]
(6) If a household ceases to be treated as [F270part of] an extended household, the household may not agree to be treated as [F270part of] an extended household with any other household [F271unless 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].
(7) In this Schedule, references to an extended household are references to an extended household formed under or by virtue of this paragraph.
[F272(8) 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.]
Textual Amendments
F261Words in Sch. 4 para. 3(1) substituted (27.2.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 4) Regulations 2021 (S.I. 2021/210), regs. 1(2), 2(9)(a)
F262Words in Sch. 4 para. 3(2) substituted (13.3.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 5) Regulations 2021 (S.I. 2021/307), regs. 1(2), 2(7)(a)(i)
F263Words in Sch. 4 para. 3(3) inserted (30.1.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/103), regs. 1(2), 2(6)(c)(i)
F264Words in Sch. 4 para. 3(4) substituted (27.2.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 4) Regulations 2021 (S.I. 2021/210), regs. 1(2), 2(9)(a)
F265Words in Sch. 4 para. 3(4) inserted (30.1.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/103), regs. 1(2), 2(6)(c)(ii)(aa)
F266Words in Sch. 4 para. 3(4) inserted (30.1.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/103), regs. 1(2), 2(6)(c)(ii)(bb)
F267Words in Sch. 4 para. 3(5) substituted (30.1.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/103), regs. 1(2), 2(6)(c)(iii)
F268Word in Sch. 4 para. 3(5) 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(7)(a)(ii)
F269Sch. 4 para. 3(5A)(5B) inserted (13.3.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 5) Regulations 2021 (S.I. 2021/307), regs. 1(2), 2(7)(a)(iii)
F270Words in Sch. 4 para. 3(6) substituted (30.1.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/103), regs. 1(2), 2(6)(c)(iv)(aa)
F271Words in Sch. 4 para. 3(6) inserted (30.1.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/103), regs. 1(2), 2(6)(c)(iv)(bb)
F272Sch. 4 para. 3(8) inserted (27.2.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 4) Regulations 2021 (S.I. 2021/210), regs. 1(2), 2(9)(b)
Commencement Information
I47Sch. 4 para. 3 in force at 20.12.2020, see reg. 1(3)
4.—[F273(1) No person may, without a reasonable excuse, be involved in organising an event unless—
(a)the event is regulated (see regulation 57(7)),
(b)the event is held outdoors, and
(c)no more than 30 people attend at any time.
(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.]
[F274(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 paragraph 2;
(b)an elite sporting 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.]
(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;
(b)a reasonable excuse includes where the person has taken all reasonable measures to ensure that no more than [F27530 people are present at the event at any time];
[F276(c)where—
(i)a market, or
(ii)a religious service,
is held in premises ordinarily used for that purpose or outdoors, it is not to be treated as an event.]
Textual Amendments
F273Sch. 4 para. 4(1)(1A)substituted for Sch. 4 para. 4(1) (7.6.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 11) Regulations 2021 (S.I. 2021/668), regs. 1(2), 2(9)(a)
F274Sch. 4 para. 4(2) substituted (7.6.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 11) Regulations 2021 (S.I. 2021/668), regs. 1(2), 2(9)(b)
F275Words in Sch. 4 para. 4(3)(b) substituted (7.6.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 11) Regulations 2021 (S.I. 2021/668), regs. 1(2), 2(9)(c)
F276Sch. 4 para. 4(3)(c) substituted (17.5.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 10) Regulations 2021 (S.I. 2021/583), regs. 1(2), 2(15)(c)
Commencement Information
I48Sch. 4 para. 4 in force at 20.12.2020, see reg. 1(3)
5.—(1) The Welsh Ministers may give authorisation in writing for an elite sporting event to be held.
(2) 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.
(3) 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 the event.
(4) The Welsh Ministers may withdraw an authorisation at any time by giving notice in writing to the person to whom the authorisation was given.
(5) An authorisation may be withdrawn under sub-paragraph (4) 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.
Commencement Information
I49Sch. 4 para. 5 in force at 20.12.2020, see reg. 1(3)
Textual Amendments
F277Sch. 4 Pt. 3 omitted (12.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(17)(a)
F2776. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F278Sch. 4 Pt. 3A 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(7)(b)
6A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6D. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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;
(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.
Commencement Information
I50Sch. 4 para. 7 in force at 20.12.2020, see reg. 1(3)
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 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 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.
(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.
Commencement Information
I51Sch. 4 para. 8 in force at 20.12.2020, see reg. 1(3)
9.—(1) A person responsible for premises that are of a kind listed in [F280paragraph 19] must ensure that the premises are closed to members of the public, except for the uses permitted by [F281sub-paragraph (2)].
(2) A community centre may be open—
(a)to provide essential voluntary services, or
(b)to provide public services upon the request of the Welsh Ministers or a local authority.
F282(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F282(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) In this paragraph, “public services” includes the provision of food banks or other support for homeless or vulnerable people, childcare, blood donation sessions or support in an emergency.
Textual Amendments
F279Words in Sch. 4 para. 9 heading omitted (12.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(17)(b)(i)
F280Words in Sch. 4 para. 9(1) substituted (12.4.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(17)(b)(ii)(aa)
F281Words in Sch. 4 para. 9(1) substituted (12.4.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(17)(b)(ii)(bb)
F282Sch. 4 para. 9(3)(4) omitted (12.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(17)(b)(iii)
Commencement Information
I52Sch. 4 para. 9 in force at 20.12.2020, see reg. 1(3)
10.—(1) A person responsible for carrying on a business or providing a service which is listed in paragraphs 21 to 48 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 for such a broadcast;
(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) 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.
Commencement Information
I53Sch. 4 para. 10 in force at 20.12.2020, see reg. 1(3)
11.—(1) Despite the preceding provisions of this Part, premises operated by businesses or services listed in paragraphs 49 to 66 may continue to be open.
(2) And shopping centres, shopping arcades and markets may be open to the public to the extent that this is required for access to a business or service listed in paragraphs 49 to 66.
(3) 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.
(4) Sub-paragraph (3) 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.
Commencement Information
I54Sch. 4 para. 11 in force at 20.12.2020, see reg. 1(3)
Food and drink businesses
12. Bars (including bars in members' clubs).E+W
Commencement Information
I55Sch. 4 para. 12 in force at 20.12.2020, see reg. 1(3)
13. Public houses.E+W
Commencement Information
I56Sch. 4 para. 13 in force at 20.12.2020, see reg. 1(3)
14. Cafes, canteens and restaurants (including workplace canteens and dining rooms in members' clubs).E+W
Holiday or travel accommodation
Commencement Information
I57Sch. 4 para. 14 in force at 20.12.2020, see reg. 1(3)
15. Camping sites.E+W
Commencement Information
I58Sch. 4 para. 15 in force at 20.12.2020, see reg. 1(3)
16. Holiday sites.E+W
Commencement Information
I59Sch. 4 para. 16 in force at 20.12.2020, see reg. 1(3)
17. Hotels and bed and breakfast accommodation;E+W
Commencement Information
I60Sch. 4 para. 17 in force at 20.12.2020, see reg. 1(3)
18. Other holiday accommodation (including holiday apartments, hostels and boarding houses).E+W
Public services etc.
Commencement Information
I61Sch. 4 para. 18 in force at 20.12.2020, see reg. 1(3)
19. Community centres.E+W
Commencement Information
I62Sch. 4 para. 19 in force at 20.12.2020, see reg. 1(3)
F28320. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Textual Amendments
F283Sch. 4 para. 20 omitted (12.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(17)(c)
21. Libraries and archive services.E+W
Personal services etc.
Commencement Information
I63Sch. 4 para. 21 in force at 20.12.2020, see reg. 1(3)
22. Hair salons and barbers.E+W
Commencement Information
I64Sch. 4 para. 22 in force at 20.12.2020, see reg. 1(3)
23. Nail and beauty salons including tanning and electrolysis services.E+W
Commencement Information
I65Sch. 4 para. 23 in force at 20.12.2020, see reg. 1(3)
24. Body piercings and tattooing services.E+W
Leisure and social etc.
Commencement Information
I66Sch. 4 para. 24 in force at 20.12.2020, see reg. 1(3)
25. 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.E+W
Commencement Information
I67Sch. 4 para. 25 in force at 20.12.2020, see reg. 1(3)
26. Sexual entertainment venues (within the meaning given by paragraph 2A of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982).E+W
Commencement Information
I68Sch. 4 para. 26 in force at 20.12.2020, see reg. 1(3)
27. Cinemas.E+W
Commencement Information
I69Sch. 4 para. 27 in force at 20.12.2020, see reg. 1(3)
28. Concert halls and theatres.E+W
Commencement Information
I70Sch. 4 para. 28 in force at 20.12.2020, see reg. 1(3)
29. Casinos.E+W
Commencement Information
I71Sch. 4 para. 29 in force at 20.12.2020, see reg. 1(3)
30. Bingo halls.E+W
Commencement Information
I72Sch. 4 para. 30 in force at 20.12.2020, see reg. 1(3)
31. Amusement arcades.E+W
Commencement Information
I73Sch. 4 para. 31 in force at 20.12.2020, see reg. 1(3)
32. Bowling alleys.E+W
Commencement Information
I74Sch. 4 para. 32 in force at 20.12.2020, see reg. 1(3)
33. Indoor play centres or areas.E+W
Commencement Information
I75Sch. 4 para. 33 in force at 20.12.2020, see reg. 1(3)
34. Funfairs, amusement parks and theme parks.E+W
Commencement Information
I76Sch. 4 para. 34 in force at 20.12.2020, see reg. 1(3)
35. Holiday, leisure activity or events businesses.E+W
Commencement Information
I77Sch. 4 para. 35 in force at 20.12.2020, see reg. 1(3)
36. Museums and galleries.E+W
Commencement Information
I78Sch. 4 para. 36 in force at 20.12.2020, see reg. 1(3)
37. [F284Ice skating] rinks.
Textual Amendments
F284Words in Sch. 4 para. 37 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(16)
Commencement Information
I79Sch. 4 para. 37 in force at 20.12.2020, see reg. 1(3)
38. Trampoline parks and centres.E+W
Commencement Information
I80Sch. 4 para. 38 in force at 20.12.2020, see reg. 1(3)
39. Enclosed or indoor skate parks and centres.E+W
Commencement Information
I81Sch. 4 para. 39 in force at 20.12.2020, see reg. 1(3)
40. Spas.E+W
Commencement Information
I82Sch. 4 para. 40 in force at 20.12.2020, see reg. 1(3)
41. Venues for events or conferences (including venues for weddings).E+W
Commencement Information
I83Sch. 4 para. 41 in force at 20.12.2020, see reg. 1(3)
42. Visitor attractions.E+W
Sports and exercise.
Commencement Information
I84Sch. 4 para. 42 in force at 20.12.2020, see reg. 1(3)
43. Sports or exercise facilities, including indoor fitness studios and gyms.E+W
Commencement Information
I85Sch. 4 para. 43 in force at 20.12.2020, see reg. 1(3)
44. Swimming pools.E+W
Commencement Information
I86Sch. 4 para. 44 in force at 20.12.2020, see reg. 1(3)
45. Sports courts, bowling greens, golf courses and enclosed sports grounds or pitches (whether outdoors or indoors).E+W
Retail etc.
Commencement Information
I87Sch. 4 para. 45 in force at 20.12.2020, see reg. 1(3)
46. Any business offering goods or services for sale or hire in retail premises.E+W
Commencement Information
I88Sch. 4 para. 46 in force at 20.12.2020, see reg. 1(3)
47. Shopping centres and shopping arcades.E+W
Commencement Information
I89Sch. 4 para. 47 in force at 20.12.2020, see reg. 1(3)
48. Estate or letting agents [F285and developer sales offices].E+W
Textual Amendments
F285Words in Sch. 4 para. 48 substituted (9.1.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (Wales) Regulations 2021 (S.I. 2021/20), regs. 1(2), 8(7)
Commencement Information
I90Sch. 4 para. 48 in force at 20.12.2020, see reg. 1(3)
Public services etc.
49. Dental services, opticians, audiology services, chiropody, chiropractors, osteopaths, physiotherapy services, acupuncture services and other medical or health services, including services relating to mental health.E+W
Commencement Information
I91Sch. 4 para. 49 in force at 20.12.2020, see reg. 1(3)
50. Hospital libraries and libraries at educational establishments.E+W
Commencement Information
I92Sch. 4 para. 50 in force at 20.12.2020, see reg. 1(3)
51. Funeral directors.E+W
Commencement Information
I93Sch. 4 para. 51 in force at 20.12.2020, see reg. 1(3)
52. Veterinary surgeons.E+W
Food and drink businesses
Commencement Information
I94Sch. 4 para. 52 in force at 20.12.2020, see reg. 1(3)
53. Cafés and canteens at a hospital, care home, school or within accommodation provided for students.E+W
Commencement Information
I95Sch. 4 para. 53 in force at 20.12.2020, see reg. 1(3)
54. 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.E+W
Retail etc.
Commencement Information
I96Sch. 4 para. 54 in force at 20.12.2020, see reg. 1(3)
55. Businesses offering the following goods for sale or hire in a shop—E+W
(a)food or drink for consumption off the premises (including food for pets and other domestic animals);
(b)products essential for the storage, preparation or consumption of food or drink;
(c)products for the essential upkeep, maintenance or functioning of the home or a workplace;
(d)pharmaceutical products, health and personal care products, baby products (including clothing), toiletries and cosmetics;
(e)newspapers and magazines;
(f)bicycles and products essential for the use and maintenance of bicycles,
but only for the purposes of selling or hiring those goods.
Commencement Information
I97Sch. 4 para. 55 in force at 20.12.2020, see reg. 1(3)
56. Food markets, convenience stores, corner shops, pet shops, off licences and petrol stations.E+W
Commencement Information
I98Sch. 4 para. 56 in force at 20.12.2020, see reg. 1(3)
57. Supermarkets and other shops that sell multiple types of goods but only for the purposes of—E+W
(a)selling the goods listed in paragraph 55;
(b)selling goods of a type ordinarily sold by any of the businesses listed in paragraph 56;
(c)selling other goods—
(i)where it is not reasonably practicable to separate or demarcate those areas of a shop that ordinarily displays such goods from those areas that display the goods mentioned in paragraphs (a) and (b);
(ii)on an exceptional basis where the goods are required in an emergency or on compassionate grounds.
Commencement Information
I99Sch. 4 para. 57 in force at 20.12.2020, see reg. 1(3)
58. Shops offering maintenance or repair services for telecommunications or information technology devices.E+W
Commencement Information
I100Sch. 4 para. 58 in force at 20.12.2020, see reg. 1(3)
59. Building supplies and hardware stores.E+W
Commencement Information
I101Sch. 4 para. 59 in force at 20.12.2020, see reg. 1(3)
60. Banks, building societies and other financial services providers.E+W
Commencement Information
I102Sch. 4 para. 60 in force at 20.12.2020, see reg. 1(3)
61. Post offices.E+W
Commencement Information
I103Sch. 4 para. 61 in force at 20.12.2020, see reg. 1(3)
62. Car repair and MOT services.E+W
Commencement Information
I104Sch. 4 para. 62 in force at 20.12.2020, see reg. 1(3)
[F28662A. Automatic car washes.]E+W
Textual Amendments
F286Sch. 4 para. 62A inserted (30.1.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/103), regs. 1(2), 2(6)(d)
63. Livestock markets or auctions.E+W
Commencement Information
I105Sch. 4 para. 63 in force at 20.12.2020, see reg. 1(3)
64. Laundrettes and dry cleaners.E+W
Commencement Information
I106Sch. 4 para. 64 in force at 20.12.2020, see reg. 1(3)
65. Taxi or vehicle hire businesses.E+W
Commencement Information
I107Sch. 4 para. 65 in force at 20.12.2020, see reg. 1(3)
66. Agricultural or aquacultural supplies shops.E+W
Commencement Information
I108Sch. 4 para. 66 in force at 20.12.2020, see reg. 1(3)
Regulation 4(8)
Textual Amendments
F287Sch. 5 heading substituted (27.2.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 4) Regulations 2021 (S.I. 2021/210), regs. 1(2), 2(10)
F288Words in Sch. 5 heading 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(7)(a)
1. This is the table referred to in regulation 4(8)—E+W
Column 1 | Column 2 | Column 3 |
---|---|---|
Area | Alert Level of Area | |
1 | The whole of Wales | [F289No alert level] |
Textual Amendments
F289Words in Sch. 5 para. 1 substituted (28.1.2022 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/83), regs. 1(2), 2(10)
Commencement Information
I109Sch. 5 para. 1 in force at 20.12.2020, see reg. 1(3)
F2902. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F290Sch. 5 para. 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(7)(b)
Regulations 14A and 14B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F291Sch. 5A omitted (17.5.2021 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 10) Regulations 2021 (S.I. 2021/583), regs. 1(2), 2(17)
Regulation 4(7)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F292Sch. 6 omitted (9.1.2021 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (Wales) Regulations 2021 (S.I. 2021/20), regs. 1(2), 8(8)
Regulation 15
Food and drink businesses
Commencement Information
I110Sch. 7 para. wrapper3n2 in force at 20.12.2020, see reg. 1(3)
1. Bars (including bars in members' clubs).E+W
Commencement Information
I111Sch. 7 para. 1 in force at 20.12.2020, see reg. 1(3)
2. Public houses.E+W
Commencement Information
I112Sch. 7 para. 2 in force at 20.12.2020, see reg. 1(3)
3. Cafes, canteens and restaurants (including workplace canteens and dining rooms in members' clubs).E+W
Holiday and travel accommodation
Commencement Information
I113Sch. 7 para. 3 in force at 20.12.2020, see reg. 1(3)
4. Camping sites.E+W
Commencement Information
I114Sch. 7 para. 4 in force at 20.12.2020, see reg. 1(3)
5. Holiday sites.E+W
Commencement Information
I115Sch. 7 para. 5 in force at 20.12.2020, see reg. 1(3)
6. Hotels and bed and breakfast accommodation.E+W
Commencement Information
I116Sch. 7 para. 6 in force at 20.12.2020, see reg. 1(3)
7. Other holiday accommodation (including holiday apartments, hostels and boarding houses).E+W
Public services etc.
Commencement Information
I117Sch. 7 para. 7 in force at 20.12.2020, see reg. 1(3)
8. Medical or health services.E+W
Commencement Information
I118Sch. 7 para. 8 in force at 20.12.2020, see reg. 1(3)
9. Recycling and waste centres.E+W
Commencement Information
I119Sch. 7 para. 9 in force at 20.12.2020, see reg. 1(3)
10. Community centres.E+W
Commencement Information
I120Sch. 7 para. 10 in force at 20.12.2020, see reg. 1(3)
11. Libraries and archive services.E+W
Commencement Information
I121Sch. 7 para. 11 in force at 20.12.2020, see reg. 1(3)
12. Places of worship.E+W
Commencement Information
I122Sch. 7 para. 12 in force at 20.12.2020, see reg. 1(3)
13. Funeral directors.E+W
Commencement Information
I123Sch. 7 para. 13 in force at 20.12.2020, see reg. 1(3)
14. Crematoriums.E+W
Commencement Information
I124Sch. 7 para. 14 in force at 20.12.2020, see reg. 1(3)
15. Veterinary surgeons.E+W
Personal services etc.
Commencement Information
I125Sch. 7 para. 15 in force at 20.12.2020, see reg. 1(3)
16. Hair salons and barbers.E+W
Commencement Information
I126Sch. 7 para. 16 in force at 20.12.2020, see reg. 1(3)
17. Nail and beauty salons including tanning and electrolysis services.E+W
Commencement Information
I127Sch. 7 para. 17 in force at 20.12.2020, see reg. 1(3)
18. Body piercings and tattooing services.E+W
Leisure and social etc.
Commencement Information
I128Sch. 7 para. 18 in force at 20.12.2020, see reg. 1(3)
19. Cinemas.E+W
Commencement Information
I129Sch. 7 para. 19 in force at 20.12.2020, see reg. 1(3)
20. Concert halls and theatres.E+W
Commencement Information
I130Sch. 7 para. 20 in force at 20.12.2020, see reg. 1(3)
21. Casinos.E+W
Commencement Information
I131Sch. 7 para. 21 in force at 20.12.2020, see reg. 1(3)
22. Bingo halls.E+W
Commencement Information
I132Sch. 7 para. 22 in force at 20.12.2020, see reg. 1(3)
23. Amusement arcades.E+W
Commencement Information
I133Sch. 7 para. 23 in force at 20.12.2020, see reg. 1(3)
24. Bowling alleys.E+W
Commencement Information
I134Sch. 7 para. 24 in force at 20.12.2020, see reg. 1(3)
25. Indoor play centres or areas.E+W
Commencement Information
I135Sch. 7 para. 25 in force at 20.12.2020, see reg. 1(3)
26. Playgrounds.E+W
Commencement Information
I136Sch. 7 para. 26 in force at 20.12.2020, see reg. 1(3)
27. Funfairs, amusement parks and theme parks.E+W
Commencement Information
I137Sch. 7 para. 27 in force at 20.12.2020, see reg. 1(3)
28. Holiday, leisure activity or events businesses.E+W
Commencement Information
I138Sch. 7 para. 28 in force at 20.12.2020, see reg. 1(3)
29. Museums and galleries.E+W
Commencement Information
I139Sch. 7 para. 29 in force at 20.12.2020, see reg. 1(3)
30. [F293Ice skating] rinks.
Textual Amendments
F293Words in Sch. 7 para. 30 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(18)
Commencement Information
I140Sch. 7 para. 30 in force at 20.12.2020, see reg. 1(3)
31. Trampoline parks and centres.E+W
Commencement Information
I141Sch. 7 para. 31 in force at 20.12.2020, see reg. 1(3)
32. Indoor skate parks and centres.E+W
Commencement Information
I142Sch. 7 para. 32 in force at 20.12.2020, see reg. 1(3)
33. Spas.E+W
Commencement Information
I143Sch. 7 para. 33 in force at 20.12.2020, see reg. 1(3)
34. Venues for events or conferences (including venues for weddings).E+W
Commencement Information
I144Sch. 7 para. 34 in force at 20.12.2020, see reg. 1(3)
35. Visitor attractions.E+W
Sports and exercise
Commencement Information
I145Sch. 7 para. 35 in force at 20.12.2020, see reg. 1(3)
36. Sports or exercise facilities, including indoor fitness studios and gyms.E+W
Commencement Information
I146Sch. 7 para. 36 in force at 20.12.2020, see reg. 1(3)
37. Swimming pools.E+W
Commencement Information
I147Sch. 7 para. 37 in force at 20.12.2020, see reg. 1(3)
38. Sports courts, bowling greens, golf courses and enclosed sports grounds or pitches (whether outdoors or indoors).E+W
Retail etc.
Commencement Information
I148Sch. 7 para. 38 in force at 20.12.2020, see reg. 1(3)
39. Any business offering goods or services for sale or hire in retail premises, including—E+W
(a)auction houses;
(b)car dealerships;
(c)markets;
(d)betting shops;
(e)garden centres and plant nurseries;
(f)pharmacies (including non-dispensing pharmacies) and chemists;
(g)banks, building societies and other financial services providers;
(h)post offices;
(i)car repair and MOT services;
(j)livestock markets or auctions;
(k)laundrettes and dry cleaners;
(l)petrol stations;
(m)taxi or vehicle hire businesses.
Commencement Information
I149Sch. 7 para. 39 in force at 20.12.2020, see reg. 1(3)
40. Shopping centres and shopping arcades.E+W
Commencement Information
I150Sch. 7 para. 40 in force at 20.12.2020, see reg. 1(3)
41. Storage and distribution facilities, including delivery drop off points.E+W
Commencement Information
I151Sch. 7 para. 41 in force at 20.12.2020, see reg. 1(3)
42. Estate or letting agents, developer sales offices and show homes.E+W
Commencement Information
I152Sch. 7 para. 42 in force at 20.12.2020, see reg. 1(3)
Regulation 26
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F294Sch. 8 omitted (18.4.2022) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 9) Regulations 2022 (S.I. 2022/450), regs. 1(2), 2(10)
Regulation 26
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F295Sch. 9 omitted (18.4.2022) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 9) Regulations 2022 (S.I. 2022/450), regs. 1(2), 2(10)
(This note is not part of the Regulations)
Part 2A of the Public Health (Control of Disease) Act 1984 enables the Welsh Ministers, by regulations, to make provision for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection or contamination in Wales.
These Regulations are made in response to the serious and imminent threat to public health which is posed by the incidence and spread of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) in Wales. The Regulations impose requirements and restrictions on individuals, businesses and others.
There are 9 Parts to the Regulations.
Part 1 provides that these Regulations come into force on 21 December 2020 (other than Part 6 which comes into force on 23 December 2020) and expire at the end of the day on 31 March 2021. It also provides that the Regulations must be reviewed regularly to ensure that the restrictions and requirements imposed remain proportionate.
Part 2 imposes restrictions on people gathering, on people travelling and on the use of premises of specified businesses or services that are ordinarily open to the public. Part 2 puts 4 different levels of restrictions in place that can apply depending on the circumstances. Which level applies is based on what the Welsh Ministers consider to be the appropriate and proportionate response to the incidence and spread of coronavirus.
Schedule 1 sets out the lowest level – Alert Level 1 – restrictions; Schedule 2 sets out Alert Level 2 restrictions; Schedule 3 sets out Alert Level 3 restrictions and Schedule 4 the highest level – Alert Level 4 – restrictions (under which there are strict limitations on people gathering and travelling, and most premises are required to close). Schedule 5 sets out which alert level applies to an area. At the time of making the Regulations the same alert level applies across the whole of Wales, but the Regulations can be amended to apply different alert levels on a regional or local basis (as well as amending the alert level for the whole of Wales).
A number of the restrictions refer to the concept of an “extended household”. This enables more than one household to agree to come together for the purposes of the rules by forming a larger, extended, household. In addition there are separate provisions that allow a single adult household (a person who lives alone or only with a child or adult they care for) to agree to come together for these purposes with another household. These arrangements are exclusive and must be agreed to by all of the adults in each household that forms an extended household.
A summary of the restrictions that apply at each alert level is provided below. All restrictions are subject to exceptions listed in the Regulations.
When Alert Level 1 restrictions apply to an area:
gatherings indoors in people's homes are allowed only between up to 6 people, or more if all present are members of the same household or an extended household consisting of up to 3 households and a single adult household;
gatherings indoors (away from people's homes) are limited to 6 people (not including children under 11) or the members of 1 household if higher;
gatherings outdoors (including in people's gardens) are limited to 30 people (not including children under 11) or the members of 1 household or an extended household if higher;
different rules apply to gathering for activities that are formally organised, allowing more people (up to 50 indoors and up to 100 outdoors) to come together;
as an exception to the general prohibition on organising events, events involving up to 50 people in attendance at any one time indoors, or 100 people outdoors, are allowed;
larger scale events may also be allowed but only with the consent of the Welsh Ministers;
travelling is allowed within a Leve1 1 area and to and from another Level 1 area or any Level 2 areas, but travelling from a Level 1 area to any area of Wales which is at Level 3 or 4, or to any areas of high incidence of coronavirus elsewhere in the UK, is not allowed;
similarly travelling from a Level 3 or 4 area, or from any areas of high incidence of coronavirus elsewhere in the UK, to a Level 1 area is not allowed;
nearly all business premises that are ordinarily open to the public may continue to be open but premises licensed to sell alcohol may not do so after 10.00 p.m. and must close no later than 10.20 p.m.
When Alert Level 2 restrictions apply to an area:
gatherings indoors in people's homes are allowed only between members of an extended household consisting of up to 2 households and a single adult household;
gatherings indoors (away from people's homes) are limited to 4 people (not including children under 11) or the members of 1 household if higher;
gatherings outdoors (including in people's gardens) are limited to 4 people (not including children under 11) or the members of 1 household or an extended household if higher;
different rules apply to gathering for activities that are formally organised, allowing more people (up to 15 indoors and up to 30 outdoors) to come together;
as an exception to the general prohibition on organising events, events involving up to 15 people in attendance at any one time indoors, or 30 people outdoors, are allowed;
larger scale events may also be allowed but only with the consent of the Welsh Ministers;
travelling is allowed within a Leve1 2 area and to and from another Level 2 area or any Level 1 areas, but travelling from a Level 2 area to any area of Wales which is at Level 3 or 4, or to any areas of high incidence of coronavirus elsewhere in the UK, is not allowed;
similarly travelling from a Level 3 or 4 area, or from any areas of high incidence of coronavirus elsewhere in the UK, to a Level 2 area is not allowed;
nearly all business premises that are ordinarily open to the public may continue to be open but premises licensed to sell alcohol may only serve alcohol with meals and may not serve alcohol after 10.00 p.m. (closing no later than 10.20 p.m.).
When Alert Level 3 restrictions apply to an area:
gatherings in people's homes (indoors and outdoors) are allowed only between members of an extended household consisting of up to 2 households and a single adult household;
gatherings indoors (away from people's homes), or outdoors in regulated premises, are limited to 4 people (not including children under 11) or the members of 1 household if higher;
gatherings outdoors (away from people's homes or regulated premises) are limited to 4 people (not including children under 11) or the members of 1 household or an extended household if higher;
different rules apply to gathering for activities that are formally organised, allowing more people (up to 15 indoors and up to 30 outdoors) to come together;
as an exception to the general prohibition on organising events, events involving up to 15 people in attendance at any one time indoors, or 30 people outdoors, are allowed;
travelling is allowed within a Leve1 3 area but travelling from a Level 3 area to any other area of Wales, or to any areas of high incidence of coronavirus elsewhere in the UK, is not allowed;
similarly travelling from a Level 1, 2 or 4 area, or from any areas of high incidence of coronavirus elsewhere in the UK, to a Level 3 area is not allowed;
most premises that are ordinarily open to the public may continue to be open but premises used for entertainment or hospitality must either be closed or may open until 6.00 p.m. only – and premises licensed to sell alcohol may not sell alcohol for consumption on the premises.
When Alert Level 4 restrictions apply to an area:
there is an overarching requirement to stay at home if you live in the area and not to travel to the area if you live outside;
most premises ordinarily open to the public are required to be closed.
The ability to come together for events and formally organised activities, and for premises to be open to the public, is subject to the need to take all “reasonable measures” to minimise the spread of, and exposure to, the coronavirus (see Part 5).
The restrictions on events are closely associated with the restrictions on gathering as people attending an event may also be gathering with others. An event is widely defined (in regulation 57(4)) as any occasion planned or scheduled for a particular purpose at which people are at the same place for that purpose (regardless of whether they are also gathering).
As an exception to this system, Schedule 6 makes specific provision modifying the restrictions relating to extended households (and travelling to meet members of an extended household) for the period between 23 and 27 December 2020 (with an additional day allowed before and after this period in the case of persons travelling from and to Northern Ireland).
Parts 3 to 6 impose further restrictions and requirements which generally apply in all circumstances.
Part 3 imposes requirements on people who have tested positive for coronavirus and their close contacts. Regulations 6 and 7 provide that adults and children who have tested positive for coronavirus must not leave the place they are living for 10 days (except in the circumstances provided for by regulation 10). Regulations 8 and 9 provide that people who have had “close contact” with someone who has tested positive for coronavirus must not leave the place they are living for 10 days (except in the circumstances provided for by regulation 10). The 10 day period of isolation begins either the day after a person tests positive, the day after the day which a person reports as the day they first experience symptoms or the day after a person has close contact. Regulation 11 provides an exception to the requirement to isolate if people test negative regularly in accordance with a formal scheme of testing. Regulation 12 relates to obligations of adults in respect of children required to isolate, regulation 13 enables notices given under this Part by contact tracers to be withdrawn and regulation 14 makes provision about the use of information held by contact tracers.
Part 4 makes provision for the purpose of minimising risk of exposure to coronavirus in premises open to the public and in workplaces. Regulation 16 applies to “regulated premises” and requires: (1) all reasonable measures to be taken to ensure that a distance of 2 metres is maintained between persons on the premises; (2) all other reasonable measures to be taken, for example to limit close face to face interaction and maintain hygiene; and (3) information to be provided to those entering or working at premises about how to minimise risk of exposure to coronavirus. It also specifies that not carrying out an activity, closing part of premises, allowing staff to isolate and collecting contact information from those on the premises may be reasonable measures.
Part 5 provides that face coverings must be worn on public transport, including taxis, and in certain indoor places, subject to listed exemptions and exceptions.
Part 6 provides for circumstances in which schools may be required to be open when they may otherwise be closed to allow children of critical workers or children who are vulnerable to attend.
Part 7 relates to the enforcement of the restrictions and requirements. Regulation 25 makes provision about those who can take enforcement action, regulation 26 makes further provision (in Schedules 8 and 9) about enforcing the need to take preventative measures under regulation 16, regulation 27 relates to compliance notices, and regulation 28 to powers of removal and dispersal. Regulations 29 to 32 relate specifically to enforcing the requirements in relation to travelling, isolation, events, and wearing a face covering; and regulation 33 relates to the requirements' application to children. Regulation 34 contains a power to enter premises, regulation 35 relates to police powers to conduct road checks and regulation 36 makes supplemental provision about the exercise of powers by enforcement powers.
Part 8 makes provision about offences and penalties. Regulations 37 to 43 in Chapter 1 provide that a person who, without a reasonable excuse, contravenes the restrictions or requirements referred to commits an offence. An offence is punishable by an unlimited fine (regulation 44). Chapter 2 allows for offences to be punished by way of fixed penalty notices and makes provision about how they are applied and Chapter 3 relates to proceedings for offences under the Regulations.
Part 9 contains defined terms (regulation 57), revokes previous Regulations and makes a consequential amendment.
The Welsh Ministers' Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has not been prepared as to the likely cost and benefit of complying with these Regulations.
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Yr Offeryn Cyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’. Dim ond yn Saesneg y mae’r fersiwn ddiwygiedig ar gael ar hyn o bryd.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed) - Saesneg: Mae'r wreiddiol Saesneg fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed)-Cymraeg:Y fersiwn Gymraeg wreiddiol o’r ddeddfwriaeth fel yr oedd yn sefyll pan gafodd ei deddfu neu ei gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search. A point in time version is only available in English.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: 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.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys