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

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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

I1Reg. 15 in force at 20.12.2020, see reg. 1(3)

[F1Requirement 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 [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 [F5on 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 [F6is 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 [F7physical] 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 [F10regulation 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

[F12Specific measures applicable to [F13specified hospitality and entertainment venues and premises] at which specified events are heldE+W

16A.—(1) Where regulation 16(1) applies to a person responsible for premises described in paragraph (2), the reasonable measures to be taken by the responsible person under Step 3 of that regulation must include measures to ensure that a person aged 18 or over is only permitted to be present on the premises if the person possesses evidence—

(a)complying with the requirements in paragraph (6), that the person has completed a course of doses of an authorised vaccine,

(b)that the person has participated in, or is participating in, a clinical trial, within the meaning of regulation 2(1) of the Medicines for Human Use (Clinical Trials) Regulations 2004, of a vaccine for vaccination against coronavirus carried out in the United Kingdom in accordance with the requirements of those Regulations,

(c)of a negative result from a qualifying test taken by the person no more than 48 hours before the person enters the premises, or

(d)of a positive result from a polymerase chain reaction test taken by the person no more than 180 days and no less than 10 days before the person enters the premises.

(2) The premises referred to in paragraph (1) are—

(a)premises that meet all of the following conditions—

(i)the premises are authorised for the sale or supply of alcohol,

(ii)the premises provide live or recorded music for members of the public or members of the venue to dance, including nightclubs, discotheques and dance halls, and

(iii)the premises are open at any time between midnight and 5.00 a.m. (however where this condition is met, the requirement in paragraph (1) applies to the premises at any time they are open, subject to paragraph (3)(a) or (e));

(b)premises at which an event is taking place and more than 10,000 people are in attendance at any time;

(c)premises at which an event is taking place to any extent indoors, where—

(i)more than 500 people are in attendance at any time, and

(ii)not all the persons attending the event are normally seated during the event;

(d)premises at which an event is taking place outdoors, where—

(i)more than 4,000 people are in attendance at any time, and

(ii)not all the persons attending the event are normally seated during the event.

[F14(e)a cinema, other than a drive-in cinema;

(f)a concert hall or theatre, other than a drive-in theatre.]

(3) But paragraph (1) does not apply to premises—

(a)of a kind described in paragraph (2)(a) at any time when music is not being provided for members of the public or members of the venue to dance;

(b)at which an event is held outdoors, where—

(i)a person is not required to obtain a ticket or pay a fee in order to gain entry to the event, and

(ii)there are two or more points of entry for persons attending the event;

(c)at which a protest, or picketing carried out in accordance with the Trade Union and Labour Relations (Consolidation) Act 1992, is being held;

(d)at which a mass participation sporting event is being held outdoors, such as a marathon, cycling race or triathlon;

(e)used for the celebration of—

(i)a solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony, or

(ii)the life of a deceased person,

at any time when they are used for any of those purposes.

(4) In paragraph (1) the reference to a person aged 18 or over does not include a person working or providing voluntary services at the premises.

(5) For the purposes of paragraph (2)(b) to (d), a person working, or providing voluntary services at the event, is not to be treated as being in attendance at the event.

(5A) For the purposes of paragraph (2)(c), a person participating in a religious service in premises ordinarily used as a place of worship is to be treated as being normally seated.

(6) For the purposes of paragraph (1)(a), the evidence that a person has completed a course of doses of an authorised vaccine must—

(a)show that—

F15(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)the day on which the person enters the premises is more than 14 days after the day on which the person completed that course of doses;

(b)in relation to a course of doses of vaccines administered in the United Kingdom, be provided to the person by or on behalf of the Government of the United Kingdom, the Scottish Ministers, the Welsh Ministers or a Northern Ireland department (including by means of letter, text message, e-mail, the NHS COVID Pass website or the NHS smartphone app developed and operated by the Secretary of State);

(c)in relation to a course of doses of vaccines administered [F16otherwise than in the United Kingdom], be the EU digital COVID certificate, [F17a certificate of COVID-19 records issued by an approved third country or territory,] the Centers for Disease Control and Prevention vaccination card, [F18a North American Certificate] or a vaccine certificate relating to the person.

(7) For the purposes of paragraph (1)(d), where a person has isolated for a period of less than 10 days calculated in accordance with regulation 6(5) or 7(5), the reference to “10 days” is to be treated as a reference to the number of days for which the person was required to isolate.

[F19(8) For the purposes of this regulation, where a person has received a course of doses that consists of one dose of an authorised vaccine under the United Kingdom vaccine roll-out overseas and one dose of an authorised vaccine otherwise than under the United Kingdom vaccine roll-out overseas, the person is deemed to have completed a course of doses of a vaccine under the United Kingdom vaccine roll-out overseas.]

(9) For the purposes of this regulation—

(a)a test is a qualifying test if it is capable of detecting the presence of coronavirus, and is—

(i)a polymerase chain reaction test provided or administered under the National Health Service Act 2006, the National Health Service (Wales) Act 2006, the National Health Service (Scotland) Act 1978, or the Health and Personal Social Services (Northern Ireland) Order 1972, or

(ii)a lateral flow test, the results of which may be submitted through the NHS public reporting system

[F20(b) a person has completed a course of doses if—]

(i)the person has received the complete course of doses specified—

( aa)in the summary of product characteristics approved as part of the marketing authorisation for the authorised vaccine, or

( bb)in the instructions for usage approved as part of the authorisation by the licensing authority on a temporary basis under regulation 174 of the Human Medicines Regulations 2012 for the authorised vaccine F21...

(ii)the person has received a dose of one authorised vaccine and a dose of a different authorised vaccine [F22, or]

[F23(iii)the person has received at least two doses of any vaccine referred to in paragraph (iv) of the definition of authorised vaccine in paragraph (10)(a)];

(c)in relation to a course of doses administered under the United Kingdom vaccine roll-out overseas, a person has completed the course of doses if—

(i)the person has received the complete course of doses of the vaccine as specified in the manufacturer’s guidance for that vaccine, or

(ii)the person has received a dose of one vaccine and a dose of a different vaccine.

(10) In this regulation—

(a)“authorised vaccine” means a medicinal product for vaccination against coronavirus F24...—

(i)in relation to doses received in the United Kingdom [F25, authorised]—

(aa)for supply in the United Kingdom in accordance with a marketing authorisation, or

(bb)by the licensing authority on a temporary basis under regulation 174 of the Human Medicines Regulations 2012;

(ii)in relation to doses received in a relevant country listed in the first column of the table in paragraph (11), [F26authorised] for supply in that country following evaluation by the relevant regulator for the country;

[F27(iii)in relation to doses received in any other country or territory (including a relevant country listed in paragraph (12)), which would be authorised as provided for in paragraph (i)(aa) or (bb) if the doses were received in the United Kingdom;

(iv)in relation to doses received in any country in the world, those vaccines which are—

(aa)listed in lines 10, 11 or 13 of the Guidance Document “Status of COVID-19 Vaccines within WHO EUL/PQ evaluation process” published by the World Health Organisation on 11 November 2021, and

(bb)authorised or certified in a regulated country listed in paragraph (12);]

[F28(aa)“EU Digital COVID Certificate” means a certificate of COVID-19 records issued by an EEA state, a member State of the European Free Trade Association, Andorra, Monaco, San Marino or the Vatican City State;]

(b)“the licensing authority” has the meaning given in regulation 6(2) of the Human Medicines Regulations 2012;

(c)“marketing authorisation” means—

(i)in relation to a vaccine authorised for supply in the United Kingdom or in a member State, has the meaning given in regulation 8(1) of the Human Medicines Regulations 2012;

(ii)in relation to a vaccine authorised for supply in a relevant country listed in the first column of the table in paragraph (11) other than a member State, means a marketing authorisation granted by the relevant regulator for the country;

[F29(ca)“North American Certificate” means—

(i)Excelsior Pass Plus (New York);

(ii)Digital COVID-19 Vaccine Record (California);

(iii)WA Verify (Washington state);]

(d)“relevant country” means a country listed in the first column of the table in paragraph (11) or a country or territory listed in paragraph (12);

(e)“relevant regulator” in relation to a relevant country, means the regulator identified in the corresponding row of the second column of the table in paragraph (11), and a reference to a regulator in that table is a reference to the regulatory authority of that name designated as a Stringent Regulatory Authority by the World Health Organization pursuant to the operation of the COVAX Facility;

(f)“United Kingdom vaccine roll-out overseas” means the administration of vaccine against coronavirus to—

(i)Crown servants (within the meaning given in section 12(1)(a) to (e) of the Official Secrets Act 1989), government contractors (within the meaning given in section 12(2) of the Official Secrets Act 1989) or other personnel posted or based overseas and their dependants under the scheme known as the Foreign, Commonwealth and Development Office staff COVID-19 vaccination programme,

(ii)residents of the British overseas territories, the Channel Islands and the Isle of Man, as part of a programme agreed in the overseas territory with the United Kingdom government, or

(iii)military or civilian personnel, government contractors and their dependants at a military posting overseas, including the British overseas territories, the Channel Islands and the Isle of Man, under the vaccination scheme provided or approved by the UK Defence Medical Services.

(g)“vaccine certificate” means a certificate in English, French or Spanish issued by the competent health authority of Australia, Canada or a relevant country listed in paragraph (12) which contains—

(i)the person’s full name;

(ii)the person’s date of birth;

(iii)the name and manufacturer of the vaccine that the person has received;

(iv)the date that the person received each does of the vaccine;

(v)details of either the identity of the issuer of the certificate or the country of vaccination, or both.

(11) The table referred to in the definitions of “relevant country” and “relevant regulator” follows—

Relevant countryRelevant regulator
a member StateEuropean Medicines Agency
AndorraEuropean Medicines Agency
Australia The Therapeutic Goods Administration
Canada Health Canada
IcelandEuropean Medicines Agency
LiechtensteinEuropean Medicines Agency
MonacoEuropean Medicines Agency
NorwayEuropean Medicines Agency
San MarinoEuropean Medicines Agency
SwitzerlandSwissmedic
the United States of AmericaUnited States Food and Drug Administration
Vatican City StateEuropean Medicines Agency

(12) The countries and territories referred to in the definition of “relevant country” are—

  • Albania

  • [F30Angola]

  • [F30Anguilla]

  • Antigua and Barbuda

  • [F30Argentina]

  • [F30Armenia]

  • [F30Azerbaijan]

  • The Bahamas

  • Bahrain

  • Bangladesh

  • Barbados

  • [F31Belarus]

  • [F30Belize]

  • [F30Bermuda]

  • [F31Bolivia]

  • Bosnia and Herzegovina

  • [F30Botswana]

  • Brazil

  • [F30British Antarctic Territory]

  • [F30British Indian Ocean Territory]

  • [F30British Virgin Islands]

  • Brunei

  • [F30Cambodia]

  • [F30Cayman Islands]

  • Chile

  • Colombia

  • [F30Costa Rica]

  • [F31Democratic Republic of the Congo]

  • [F30Djibouti]

  • Dominica

  • [F31Dominican Republic]

  • [F31Ecuador]

  • Egypt

  • [F30Eswatini]

  • [F30Falkland Islands]

  • Georgia

  • Ghana

  • [F30Gibraltar]

  • Grenada

  • [F30Guernsey]

  • [F30Guyana]

  • [F30Honduras]

  • Hong Kong

  • India

  • Indonesia

  • [F30Isle of Man]

  • Israel

  • Jamaica

  • Japan

  • [F30Jersey]

  • Jordan

  • Kenya

  • Kosovo

  • Kuwait

  • [F31Laos]

  • [F30Lebanon]

  • [F30Lesotho]

  • [F31Libya]

  • [F30Madagascar]

  • [F31Malawi]

  • Malaysia

  • Maldives

  • [F30Mauritius]

  • Moldova

  • [F30Mongolia]

  • Montenegro

  • [F30Montserrat]

  • Morocco

  • [F31Mozambique]

  • Namibia

  • [F30Nepal]

  • New Zealand

  • Nigeria

  • North Macedonia

  • [F30Occupied Palestinian Territories ]

  • Oman

  • Pakistan

  • [F30Panama]

  • [F30Peru]

  • The Philippines

  • [F30Pitcairn, Henderson, Ducie and Oeno Islands]

  • Qatar

  • [F30Rwanda]

  • [F30Saint Helena, Ascension and Tristan da Cunha]

  • [F31Samoa]

  • Saudi Arabia

  • [F31Senegal]

  • Serbia

  • [F30Seychelles]

  • [F30Sierra Leone]

  • Singapore

  • South Africa

  • [F30South Georgia and the South Sandwich Islands]

  • South Korea

  • [F30The Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus]

  • [F30Sri Lanka]

  • St Kitts and Nevis

  • St Lucia

  • St Vincent and the Grenadines

  • [F30Suriname]

  • Taiwan

  • [F30Tanzania]

  • Thailand

  • [F30Trinidad and Tobago]

  • [F30Tunisia]

  • Turkey

  • [F30Turks and Caicos Islands]

  • [F30Uganda]

  • Ukraine

  • United Arab Emirates

  • [F30Uruguay]

  • [F31Vanuatu]

  • Vietnam]

  • [F31Zambia]

  • [F31Zimbabwe]

[F32(13) The following countries and territories are approved third countries or territories for the purposes of this regulation—

  • Albania

  • Armenia

  • Faroe Islands

  • Israel

  • Morocco

  • North Macedonia

  • Panama

  • Turkey

  • Ukraine.]

Textual Amendments

Specific measures applicable to licensed premisesE+W

F3317.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Specific measures applicable to retail premisesE+W

F3417A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Guidance about taking reasonable measuresE+W

18.—(1) A person required to take reasonable measures under regulation 16(1) [F35or 16A(1)] F36... 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

I2Reg. 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).

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