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

CHAPTER 1E+WOffences

Offences relating to gatherings and being away from homeE+W

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

(a)paragraph [F12(1)] of Schedule 1,

(b)paragraph [F22(1) F3...] or (3) of Schedule 2,

(c)paragraph 1(1) [F42(1) or 3(1)] of Schedule 3, or

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

commits an offence.

F5(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Words 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

I1Reg. 37 in force at 20.12.2020, see reg. 1(3)

Travel restriction offencesE+W

F638.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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)[F7paragraph 5] of Schedule 3, or

(d)paragraph 4 of Schedule 4,

commits an offence.

F8(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7Words 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

I2Reg. 39 in force at 20.12.2020, see reg. 1(3)

Offences relating to isolation requirements and contact tracingE+W

F1040.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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

F1140A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Offence of failing to wear a face coveringE+W

41.  A person who contravenes the requirement in regulation F12... 20(1) commits an offence.

Textual Amendments

Commencement Information

I3Reg. 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)[F13paragraph 7(1)] of Schedule 1,

(b)[F14paragraph 7(1)] of Schedule 2,

(c)paragraphs 7(1), 8(1) or [F159(1)] of Schedule 3, or

(d)paragraphs 7(1), 8(1), 9(1) [F16, 10(1) or 11(3)] of Schedule 4,

commits an offence.

F17(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

F13Words 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)

F14Words 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)

F15Word 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

I4Reg. 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

F1842A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F19(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

I5Reg. 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

I6Reg. 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 M1 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

I7Reg. 45 in force at 20.12.2020, see reg. 1(3)

Marginal Citations

M11984 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 M2 and Schedule 3 to the Magistrates' Courts Act 1980 M3 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

I8Reg. 46 in force at 20.12.2020, see reg. 1(3)

Marginal Citations