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

PART 1E+WIntroduction, review and expiry

Title, application and coming into forceE+W

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

Commencement Information

I1Reg. 1 in force at 20.12.2020, see reg. 1(3)

ReviewE+W

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)

ExpiryE+W

3.  These Regulations expire at the end of the day on [F218 April 2022].

Textual Amendments

Commencement Information

I3Reg. 3 in force at 20.12.2020, see reg. 1(3)

PART 2E+WLevels of restrictions on gathering, travelling, and on use of premises of businesses and services

Levels of restrictionsE+W

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

Commencement Information

I4Reg. 4 in force at 20.12.2020, see reg. 1(3)

F8PART 3E+WRequirement to isolate etc.

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Textual Amendments

F9PART 3AE+WTravel restrictions etc.

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Textual Amendments

PART 4E+WTaking preventative measures in regulated premises

Regulated premises and responsible personsE+W

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.

(2) In this Part, “responsible person”, in relation to regulated premises, means—

(a)in relation to premises referred to in paragraph (1)(a) and (b), the person responsible for the premises,

(b)in relation to premises referred to in paragraph (1)(c), the person responsible for the work being carried out on the premises.

Commencement Information

I5Reg. 15 in force at 20.12.2020, see reg. 1(3)

[F10Requirement to take all reasonable measures to minimise the risk of exposure to coronavirusE+W

16.—(1) For the purposes of minimising the risk of exposure to coronavirus at regulated premises, or the spread of coronavirus by those who have been at regulated premises, the responsible person must take the following steps—

Step 1

Undertake a specific assessment of the risk of exposure to coronavirus at the premises, and in doing so consult persons working on the premises or representatives of those persons.

Step 2

Provide information to those entering or working at the premises about how to minimise the risk of exposure to coronavirus [F11, including information to those working at the premises about the risk of exposure to coronavirus identified under the assessment undertaken under Step 1, and the measures to be taken under Step 3 F12... to minimise the risk].

[F13Step 3

F14...]

F15...

Take reasonable measures to mitigate the risk of exposure to coronavirus that arises where persons gather [F16on the premises], such as—

(a)seeking to prevent the following persons from being present at the premises—

(i)any person who [F17is required to not leave or be outside of the place where the person is living by virtue of regulation 6(2) or 7(2)],

(ii)any person who [F18is required to not leave or be outside of the place where the person is living by virtue of regulation 8(2)],

(iii)any person experiencing symptoms associated with COVID-19;

(b)ensuring that persons gathering at the premises gather outdoors where this is practicable;

(c)limiting close [F19physical] interaction between persons on the premises [F20, in particular face-to-face interaction], for example by—

(i)changing the layout of premises including the location of furniture and workstations;

(ii)controlling the use of entrances, passageways, stairs and lifts;

(iii)controlling the use of shared facilities such as toilets and kitchens;

(iv)otherwise controlling the use of, or access to, any other part of the premises;

(v)installing barriers or screens;

(d)limiting the duration of time for which persons may be present on the premises;

(e)seeking to ensure that the premises are well ventilated;

(f)maintaining good hygiene on the premises;

(g)providing or requiring use of personal protective equipment.

F21(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Measures that may be taken under paragraph (1) include—

(a)not carrying out certain activities;

(b)closing a part of the premises;

F23(ba). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)allowing and enabling a person who ordinarily works at the premises to isolate due to testing positive for coronavirus or having had close contact with somebody who has tested positive, for a period—

(i)recommended in guidance published by the Welsh Ministers;

(ii)specified in a notification given to the person by a contact tracer;

(d)collecting contact information from each person at the premises and retaining it for 21 days for the purpose of providing it to any of the following, upon their request—

(i)the Welsh Ministers;

(ii)a contact tracer;

(e)taking reasonable measures to ensure that such contact information is correct.

(4) An assessment under Step 1—

(a)must satisfy the requirements of regulation 3 of the Management of Health and Safety at Work Regulations 1999 (the “1999 Regulations”), and

(b)must be undertaken—

(i)whether or not the responsible person has already undertaken an assessment under that regulation, and

(ii)whether or not that regulation applies to the responsible person.

F24(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) For the purposes of paragraph (4)—

(a)regulation 3 of the 1999 Regulations is to be read as if the words “by or under the relevant statutory provisions”, in both places it occurs, were substituted by the words “by [F25regulation 16] of the Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020”, and

(b)if regulation 3 of the 1999 Regulations would not, but for paragraph (4)(b)(ii), apply to a responsible person—

(i)that regulation is to be treated as applying to the person as if the person were an employer, and

(ii)persons working at the premises are, for the purposes of that regulation as it applies by virtue of paragraph (4)(b)(ii), treated as being employed by the responsible person.

F26(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

Specific measures applicable to licensed premisesE+W

F2716ZA.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Specific measures applicable to retail premisesE+W

F2816ZB.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Specific measures applicable to [F29specified hospitality and entertainment venues and premises] at which specified events are heldE+W

F3016A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Specific measures applicable to licensed premisesE+W

F3117.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Specific measures applicable to retail premisesE+W

F3217A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Guidance about taking reasonable measuresE+W

18.—(1) A person required to take reasonable measures under regulation 16(1) F33... F34... must have regard to guidance issued by the Welsh Ministers about those measures.

(2) The Welsh Ministers—

(a)may revise guidance issued under paragraph (1), and

(b)must publish the guidance (and any revisions).

(3) Guidance under this regulation may incorporate (by reference or transposition) guidance, codes of practice or other documents published by another person (for example, a trade association, body representing members of an industry or a trade union).

(4) Guidance issued by the Welsh Ministers under—

(a)paragraph (1) of regulation 20 of the Health Protection (Coronavirus Restrictions) (No. 3) (Wales) Regulations 2020 M1, or

(b)paragraph (1) of regulation 24 of the Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020 M2,

is to be treated as if it were guidance issued under paragraph (1) of this regulation.

Textual Amendments

Commencement Information

I6Reg. 18 in force at 20.12.2020, see reg. 1(3)

Marginal Citations

M2S.I. 2020/1219 (W. 276), as amended by S.I. 2020/1237 (W. 279), S.I. 2020/1288 (W. 286), S.I. 2020/1409 (W. 311), S.I. 2020/1477 (W. 316) and S.I. 2020/1522 (W. 326).

F35PART 4AE+WTaking preventative measures when election campaigning

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Textual Amendments

F36PART 4BE+WRequirement to work from home where practicable

Textual Amendments

Requirement to work from home where practicableE+W

F3618B.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 5E+WFace coverings

Requirement to wear face covering on public transportE+W

F3719.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Requirement to wear face covering in certain indoor public placesE+W

20.—(1) A person (“P”) must wear a face covering in indoor public areas of [F38—

F39(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39(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;

F40(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(2) But this is not required—

(a)where P is a child under the age of 11;

F41(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;

F42(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F43(i)in relation to premises described in paragraph (1)(i), where P is resident in the premises.]

[F44(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.]

[F45(4) For the purposes of [F46paragraph (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.]

F47(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F48(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F49(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

Commencement Information

I7Reg. 20 in force at 20.12.2020, see reg. 1(3)

Guidance about requirements to wear face coveringsE+W

F5021.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F51PART 6E+WProvision of education in school

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Textual Amendments

PART 7E+WEnforcement

Enforcement officersE+W

25.—(1) For the purposes of regulation 26 and Schedule 8, an “enforcement officer” means a person designated by a local authority —

(a)for the purposes of these Regulations,

(b)under regulation 17(A1) of the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020 M3,

(c)under regulation 21(1) of the Health Protection (Coronavirus Restrictions) (No. 3) (Wales) Regulations 2020, or

(d)under regulation 25(1) of the Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020.

(2) For the purposes of regulations F52... [F5320, 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 M4 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—

(i)regulation 16(1) F54... F55...,

(ii)paragraph 7(1) F56... of Schedule 1,

(iii)paragraph 7(1) F57... of Schedule 2,

(iv)paragraph 7(1), 8(1) or [F589(1)] of Schedule 3, or

(v)paragraph 7(1), 8(1), 9(1) [F59, 10(1) or 11(3)] of Schedule 4, or

(b)under and by virtue of Schedule 8.

Textual Amendments

F56Words 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)

F57Words 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)

F58Word 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)

Commencement Information

I8Reg. 25 in force at 20.12.2020, see reg. 1(3)

Marginal Citations

M3S.I. 2020/725 (W. 162).

Enforcement of requirement to take preventative measuresE+W

26.  Schedules 8 and 9 make provision for and in connection with conferring functions on enforcement officers for the purpose of enforcing [F60regulation 16] F61... F62....

Textual Amendments

Commencement Information

I9Reg. 26 in force at 20.12.2020, see reg. 1(3)

Compliance noticesE+W

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—

F63(za). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F64(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)paragraph 7(1) F65... of Schedule 1,

(c)paragraph 7(1) F66... of Schedule 2,

(d)paragraph 7(1), 8(1) or [F679(1)] of Schedule 3, or

(e)paragraph 7(1), 8(1), 9(1) [F68, 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

F65Words 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)

F66Words 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)

F67Word 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)

Commencement Information

I10Reg. 27 in force at 20.12.2020, see reg. 1(3)

Powers of removal and dispersal: gatherings and being away from homeE+W

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—

F69(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F69(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) F70... of Schedule 1,

(b)paragraph 2(1) F71... of Schedule 2,

(c)paragraph 2(1) or [F723(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

F72Word 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

I11Reg. 28 in force at 20.12.2020, see reg. 1(3)

Powers relating to travel restrictionsE+W

F7329.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Powers relating to contravention of isolation requirementE+W

F7430.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Powers relating to offence of possessing false or misleading evidence relating to vaccination or coronavirus test resultsE+W

F7530A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Powers relating to eventsE+W

31.—(1) Paragraph (2) applies where an enforcement officer has reasonable grounds for suspecting that a person (“P”) is—

F76(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, [F77paragraph 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 [F78, paragraph 6 of Schedule 3] F79... 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

F77Words 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)

F79Words 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

I12Reg. 31 in force at 20.12.2020, see reg. 1(3)

Enforcement of face covering requirementsE+W

32.—F80(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F81(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

Commencement Information

I13Reg. 32 in force at 20.12.2020, see reg. 1(3)

Enforcement: childrenE+W

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

I14Reg. 33 in force at 20.12.2020, see reg. 1(3)

Power of entryE+W

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

I15Reg. 34 in force at 20.12.2020, see reg. 1(3)

Power of police to conduct road checksE+W

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 M5 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.

Commencement Information

I16Reg. 35 in force at 20.12.2020, see reg. 1(3)

Marginal Citations

Enforcement: supplemental provisionE+W

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);

F82(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F83(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)regulation 31(2)(b) (d) or (e)(ii), or (3)(c) or (e);

(e)regulation [F8432(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

Commencement Information

I17Reg. 36 in force at 20.12.2020, see reg. 1(3)

PART 8E+WOffences and penalties

CHAPTER 1E+WOffences

Offences relating to gatherings and being away from homeE+W

37.—(1) A person who contravenes a requirement in—

(a)paragraph [F852(1)] of Schedule 1,

(b)paragraph [F862(1) F87...] or (3) of Schedule 2,

(c)paragraph 1(1) [F882(1) or 3(1)] of Schedule 3, or

(d)paragraph 1(1) or 2(1) of Schedule 4,

commits an offence.

F89(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F88Words 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)

Commencement Information

I18Reg. 37 in force at 20.12.2020, see reg. 1(3)

Travel restriction offencesE+W

F9038.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Offences relating to organising eventsE+W

39.—(1) A person who contravenes a requirement in—

(a)paragraph 4 of Schedule 1,

(b)paragraph 4 of Schedule 2,

(c)[F91paragraph 5] of Schedule 3, or

(d)paragraph 4 of Schedule 4,

commits an offence.

F92(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F93(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F91Words 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)

Commencement Information

I19Reg. 39 in force at 20.12.2020, see reg. 1(3)

Offences relating to isolation requirements and contact tracingE+W

F9440.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Offence of possessing false or misleading evidence relating to vaccination or coronavirus test resultsE+W

F9540A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Offence of failing to wear a face coveringE+W

41.  A person who contravenes the requirement in regulation F96... 20(1) commits an offence.

Textual Amendments

Commencement Information

I20Reg. 41 in force at 20.12.2020, see reg. 1(3)

Offences relating to businesses and servicesE+W

42.—(1) A person who, without reasonable excuse, contravenes a requirement in—

(a)[F97paragraph 7(1)] of Schedule 1,

(b)[F98paragraph 7(1)] of Schedule 2,

(c)paragraphs 7(1), 8(1) or [F999(1)] of Schedule 3, or

(d)paragraphs 7(1), 8(1), 9(1) [F100, 10(1) or 11(3)] of Schedule 4,

commits an offence.

F101(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) A person who, without reasonable excuse, fails to take the measures specified in a premises improvement notice issued under paragraph 1(1) of Schedule 8 within the time limit specified in the notice commits an offence.

(4) A person who, without reasonable excuse, contravenes paragraph 3(1) of Schedule 8 commits an offence.

(5) A person who—

(a)contravenes paragraph 3(2) of Schedule 8, or

(b)without reasonable excuse, removes, obscures or damages a notice or sign required to be displayed under paragraph 7(2)(a) of that Schedule,

commits an offence.

Textual Amendments

F97Words 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)

F98Words 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)

F99Word 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)

Commencement Information

I21Reg. 42 in force at 20.12.2020, see reg. 1(3)

Offence of failing to work from home where reasonably practicable to do soE+W

F10242A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Obstruction and contravention of directions and compliance noticesE+W

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

F103(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)fails to comply with a compliance notice given by an enforcement officer under regulation 27(1),

commits an offence.

Textual Amendments

Commencement Information

I22Reg. 43 in force at 20.12.2020, see reg. 1(3)

PenaltyE+W

44.  An offence under these Regulations is punishable on summary conviction by a fine.

Commencement Information

I23Reg. 44 in force at 20.12.2020, see reg. 1(3)

Arrest without warrantE+W

45.  Section 24 of the Police and Criminal Evidence Act 1984 M6 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

I24Reg. 45 in force at 20.12.2020, see reg. 1(3)

Marginal Citations

M61984 c. 60. Section 24 was substituted by section 110(1) of the Serious Organised Crime and Police Act 2005 (c. 15).

Offences committed by bodies corporate etc.E+W

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 M7 and Schedule 3 to the Magistrates' Courts Act 1980 M8 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.

Commencement Information

I25Reg. 46 in force at 20.12.2020, see reg. 1(3)

Marginal Citations

CHAPTER 2E+WFixed penalties

Fixed penalty noticesE+W

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

I26Reg. 47 in force at 20.12.2020, see reg. 1(3)

Amount of fixed penalty: generalE+W

48.—(1) Unless regulation [F10450 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 M9.

Textual Amendments

Commencement Information

I27Reg. 48 in force at 20.12.2020, see reg. 1(3)

Marginal Citations

Amount of fixed penalty: participating in a large gathering at a private dwellingE+W

F10549.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Amount of fixed penalty: international travel requirementsE+W

F10649A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Amount of fixed penalty: organising an eventE+W

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

I28Reg. 50 in force at 20.12.2020, see reg. 1(3)

Amount of fixed penalty: organising an unlicensed music eventE+W

F10751.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Amount of fixed penalty: business-related offencesE+W

52.—(1) This regulation applies to a fixed penalty notice issued in respect of an alleged offence under regulation 42(1) F108..., (3) or (4) (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

Commencement Information

I29Reg. 52 in force at 20.12.2020, see reg. 1(3)

Fixed penalties: form and procedureE+W

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 F109..., F110... 50 F109... 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

Commencement Information

I30Reg. 53 in force at 20.12.2020, see reg. 1(3)

Fixed penalty notices: prohibition of double jeopardyE+W

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.

F111(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I31Reg. 54 in force at 20.12.2020, see reg. 1(3)

CHAPTER 3E+WProceedings

Self-incriminationE+W

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 M10 (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

I32Reg. 55 in force at 20.12.2020, see reg. 1(3)

Marginal Citations

M101911 c. 6. Section 5 was amended by section 1(2) of the Criminal Justice Act 1948 (c. 58).

ProsecutionsE+W

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 [F112an offence mentioned in paragraph (1A)], a local authority.

[F113(1A) The offences referred to in paragraph (1)(c) are—

(a)an offence under regulation 42 F114...;

(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

F112Words 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)

Commencement Information

I33Reg. 56 in force at 20.12.2020, see reg. 1(3)

PART 9E+WGeneral

InterpretationE+W

57.—(1) In these Regulations—

(a)“alcohol” has the meaning given by section 191 of the Licensing Act 2003 M11;

(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 M12,

(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 M13;

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

[F115(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;]

(e)“contact information”, in relation to a person, means the person's name and information sufficient to enable the person to be contacted, (including a telephone number, and, in relation to a person at regulated premises, the date and time at which the person was at the premises);

(f)“contact tracer” means—

(i)a person employed or engaged for the purposes of the health service (within the meaning of section 206 of the National Health Service (Wales) Act 2006 M14 or section 108 of the National Health Service (Scotland) Act 1978 M15);

(ii)a person employed or engaged by a local authority,

designated for the purposes of Part 3 by a Local Health Board, Public Health Wales National Health Service Trust M16 or a local authority;

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

[F116(ga)“COVID-19” is the official designation of the disease which can be caused by coronavirus;]

[F117(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,

[F118(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 M17;

(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);

F119(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 M18.

(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 M19 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 M20;

(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 [F120at the event].

[F121(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 [F122regulation 3 of the Smoke-free Premises and Vehicles (Wales) Regulations 2020];

[F123(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, [F124a gathering [F125or 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 M21, whether or not the person is subject to those Regulations, and

(ii)complied with the requirements of [F126Part 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 [F127gathering] [F128or event] were an undertaking conducted by the person organising it;

(b)[F129Part 4] of these Regulations applies as if—

(i)the place where the [F127gathering] [F128or event] takes place were regulated premises [F130within the meaning given by regulation 15], and

(ii)the person organising the [F127gathering] [F128or event] were the responsible person in relation to those regulated premises.

[F131(9) For the purposes of these Regulations, a F132... 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 [F133or consumption of food and drink];

(b)the provision of other indoor facilities necessary for the holding of the gathering or event.]

Textual Amendments

Commencement Information

I34Reg. 57 in force at 20.12.2020, see reg. 1(3)

Marginal Citations

M11Section 191 has been amended by the Policing and Crime Act 2017 (c. 3) and S.I. 2006/2407.

M16Established by S.I. 2009/2058 (W. 177).

M171989 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.

M18Section 60 was amended by section 65 of the Protection of Freedoms Act 2012 (c. 9).

M21S.I. 1999/3242. Regulation 3 was amended by S.I. 2005/1541, S.I. 2015/21 and S.I. 2015/1637.

RevocationE+W

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 M22;

(c)regulation 6 of the Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (No. 2) (Wales) Regulations 2020 M23.

Commencement Information

I35Reg. 58 in force at 20.12.2020, see reg. 1(3)

Marginal Citations

M22S.I. 2020/1237 (W. 279) as amended by S.I. 2020/1288 (W. 286).

Consequential amendmentE+W

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

I36Reg. 59 in force at 20.12.2020, see reg. 1(3)

Mark Drakeford

First Minister, one of the Welsh Ministers