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

PART 4 E+W Taking preventative measures in regulated premises

Regulated premises and responsible persons E+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

I1 Reg. 15 in force at 20.12.2020, see reg. 1(3)

[F1 Requirement to take all reasonable measures to minimise the risk of exposure to coronavirus E+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 [F2 , 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 F3 ... to minimise the risk].

Step 3

F4 ...

Take reasonable measures to mitigate the risk of exposure to coronavirus that arises where persons gather [F5 on the premises], such as—

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

(i) any person who has tested positive for coronavirus in the previous 10 days,

(ii) any person who [F6 is 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 [F7 physical] interaction between persons on the premises [F8 , 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.

F9 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(a) not carrying out certain activities;

(b) closing a part of the premises;

(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.

(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 [F10 regulation 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.

F11 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F1 Reg. 16 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(2)

F2 Words in reg. 16(1) 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(2)(a)

F3 Words in reg. 16(1) 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(12)(a)(ii)

F4 Words in reg. 16(1) 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(12)(a)(i)

F5 Words in reg. 16(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(2)(c)(i)

F6 Words in reg. 16(1) substituted (28.8.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 16) Regulations 2021 (S.I. 2021/970), regs. 1(2), 2(2)

F7 Word in reg. 16(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(2)(c)(ii)(aa)

F8 Words in reg. 16(1) 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(2)(c)(ii)(bb)

F9 Reg. 16(2) 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(12)(b)

F10 Words in reg. 16(5)(a) 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(12)(c)

F11 Reg. 16(6) 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(12)(d)

Specific measures applicable to licensed premises E+W

F12 17.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12 Reg. 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)

Specific measures applicable to retail premises E+W

F13 17A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13 Reg. 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)

Guidance about taking reasonable measures E+W

18.—(1) A person required to take reasonable measures under regulation 16(1) F14 ... 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

F14 Words in reg. 18(1) 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(14)

Commencement Information

I2 Reg. 18 in force at 20.12.2020, see reg. 1(3)

Marginal Citations

M1 S.I. 2020/1149 (W. 261).

M2 S.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).