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

Regulation 4(3)

SCHEDULE 2E+WAlert Level 2 Restrictions

PART 1E+WRestrictions on gathering

Restriction on gatherings in private dwellingsE+W

1.—[F1(1) No person may, without a reasonable excuse, participate in a gathering in a private dwelling unless all the persons participating in the gathering are members of the same household or extended household.]

[F2(1A) But a person may participate in such a gathering outdoors if the gathering consists of no more than 6 persons.]

(2) In determining, for the purposes of [F3sub-paragraph (1A)], the number of persons participating in a gathering no account is to be taken of—

(a)any children under the age of 11 [F4, as long as the persons participating in the gathering (including any children under the age of 11) are from no more than 6 households], or

(b)the carer of a person who is participating in the gathering.

(3) For the purposes of sub-paragraph (1), a person has a reasonable excuse if—

(a)the person is participating in the gathering for a purpose that is reasonably necessary and there is no reasonably practicable alternative, or

(b)one of the circumstances in sub-paragraph (5) applies.

(4) Examples of purposes for which it may be reasonably necessary for a person to participate in a gathering include—

(a)obtaining or providing medical assistance, or accessing veterinary services;

F5(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)meeting a legal obligation;

(d)providing, receiving or accessing care or assistance, including childcare or relevant personal care within the meaning of paragraph 7(3B) of Schedule 4 to the Safeguarding of Vulnerable Groups Act 2006, where the person receiving the care is a vulnerable person;

(e)in relation to children who do not live in the same household as their parents, or one of their parents, continuing existing arrangements for access to, and contact between, parents and children, and for the purposes of this paragraph, “parent” includes a person who is not a parent of the child, but who has parental responsibility for, or who has care of, the child;

(f)moving home;

(g)undertaking activities in connection with the purchase, sale, letting, or rental of residential property;

(h)accessing or receiving educational services.

(5) The circumstances referred to in sub-paragraph (3)(b) are that the person is—

(a)providing or receiving emergency assistance;

(b)avoiding illness, injury or other risk of harm;

[F6(ba)working or providing voluntary or charitable services, or is receiving services from a person working or providing voluntary or charitable services;]

(c)participating in a gathering of no more than 4 people where all the persons in the gathering—

(i)live in the same premises, and

(ii)share toilet, washing, dining or cooking facilities with each other.

(6) This paragraph does not apply to a person who is homeless.

Textual Amendments

Commencement Information

I1Sch. 2 para. 1 in force at 20.12.2020, see reg. 1(3)

Restriction on gatherings in public placesE+W

2.—(1) No person may, without a reasonable excuse, participate in a gathering which—

(a)takes place anywhere other than—

(i)in a private dwelling, or

(ii)in holiday or travel accommodation, and

(b)consists of more than [F76] people, not including—

(i)any children under the age of 11 [F8, as long as the persons participating in the gathering (including any children under the age of 11) are from no more than 6 households], or

(ii)the carer of a person who is participating in the gathering.

(2) But a person may participate in such a gathering which—

(a)takes place indoors [F9or outdoors in regulated premises] F10... , if all the persons participating in the gathering are members of the same household, or

F11(aa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F12(b)takes place outdoors other than in regulated premises if all the persons participating in the gathering are members of the same household or extended household.]

(3) No person may, without a reasonable excuse, participate in a gathering which takes place in holiday or travel accommodation unless all the persons participating in the gathering are members of the same household [F13or extended household].

[F14(3A) But a person may participate in such a gathering outdoors if the gathering consists of no more than 6 persons.

(3B) In determining, for the purposes of [F15sub-paragraph (3A)], the number of persons participating in a gathering no account is to be taken of—

(a)any children under the age of 11, as long as the persons participating in the gathering (including any children under the age of 11) are from no more than 6 households, or

(b)the carer of a person who is participating in the gathering.]

(4) For the purposes of sub-paragraphs (1) and (3), a person has a reasonable excuse if—

(a)the person is participating in the gathering for a purpose that is reasonably necessary and there is no reasonably practicable alternative, or

(b)one of the circumstances in sub-paragraph (6) applies.

(5) Examples of purposes for which it may be reasonably necessary for a person to participate in a gathering include—

(a)obtaining or providing medical assistance, or accessing veterinary services;

(b)working or providing voluntary or charitable services;

(c)meeting a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings;

(d)providing, receiving or accessing care or assistance, including childcare or relevant personal care within the meaning of paragraph 7(3B) of Schedule 4 to the Safeguarding of Vulnerable Groups Act 2006, where the person receiving the care is a vulnerable person;

(e)in relation to children who do not live in the same household as their parents, or one of their parents, continuing existing arrangements for access to, and contact between, parents and children, and for the purposes of this paragraph, “parent” includes a person who is not a parent of the child, but who has parental responsibility for, or who has care of, the child;

(f)moving home;

(g)undertaking activities in connection with the purchase, sale, letting, or rental of residential property;

(h)accessing or receiving public services;

(i)accessing or receiving educational services.

[F16(j)visiting a person who is resident in a care home, with the permission of the service provider.]

(6) The circumstances referred to in sub-paragraph (4)(b) are that the person is—

(a)providing or receiving emergency assistance;

(b)avoiding illness, injury or other risk of harm;

(c)attending a solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony—

(i)as a party to the marriage, civil partnership or alternative wedding,

(ii)if invited to attend, or

(iii)as the carer of a person attending;

(d)attending a funeral—

(i)as a person responsible for arranging the funeral,

(ii)if invited by a person responsible for arranging the funeral, or

(iii)as the carer of a person attending;

[F17(e)participating in an indoor gathering of no more than 30 people at regulated premises, or an outdoor gathering of no more than 50 people at such premises, not counting (in either case) persons under the age of 11 or persons working at the premises, to—

(i)celebrate a solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony that took place on or after 26 March 2020;

(ii)celebrate the life of a deceased person whose funeral is held on or after 26 March 2020;]

(f)attending a place of worship;

(g)an elite athlete and is training or competing;

(h)providing coaching or other support to an elite athlete, or providing support at an elite sporting event;

(i)participating in or facilitating [F18a regulated gathering that takes place [F19to any extent] indoors and] at which—

(i)no more than [F2030] people are in attendance, not counting persons under the age of 11 or persons working, or providing voluntary services, [F21at the gathering], and

(ii)no alcohol is consumed;

(j)participating in or facilitating [F22a regulated gathering that takes place F23... outdoors and] at which—

[F24(i)no more than 50 people are in attendance, not counting persons under the age of 11 or persons working, or providing voluntary services, [F25at the gathering, unless the gathering] is organised for the purposes of protest, or picketing carried out in accordance with the Trade Union and Labour Relations (Consolidation) Act 1992, and]

(ii)no alcohol is consumed;

[F26(k)participating in or facilitating an [F27regulated gathering], in premises other than holiday or travel accommodation, for the development or well-being of persons who were aged under 18 on 31 August 2020 (including sports, music and other recreational activities such as those provided for children outside of school hours and during school holidays);]

(l)attending or facilitating an event authorised by the Welsh Ministers in accordance with paragraph 5.

(7) This paragraph does not apply to a person who is homeless.

Textual Amendments

F10Words in Sch. 2 para. 2(2)(a) omitted (26.4.2021 immediately before the start of the day) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(13)(b)(i)

F13Words in Sch. 2 para. 2(3) inserted (26.4.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(13)(b)(iv)

F20Word in Sch. 2 para. 2(6)(i)(i) substituted (26.4.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(13)(b)(vii)(bb)

Commencement Information

I2Sch. 2 para. 2 in force at 20.12.2020, see reg. 1(3)

Extended householdsE+W

3.—(1) 2 households may agree to be treated as an extended household.

(2) In addition to the 2 households who may agree to be treated as an extended household under sub-paragraph (1), 1 [F28well-being needs] household may also agree to be treated as part of that extended household.

(3) To agree to be treated as an extended household, all [F29members of the households] must agree.

(4) A household may only agree to be treated as being in 1 extended household [F30at any one time].

[F31(5) Where a household has agreed to be treated as an extended household with other households under paragraph 3 of Schedule 1 (“the previous extended household”), it may make an agreement under this paragraph only with those other households, unless a period of at least 10 days has expired since any member of the household last participated in a gathering with a member of those households in reliance on being treated as part of the previous extended household.]

(6) Where households have agreed to be treated as an extended household under—

(a)paragraph 3 of Schedule 3, or

[F32(aa)paragraph 4 of Schedule 3A [F33(despite its revocation by the Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 9) Regulations 2021)],]

(b)paragraph 3 of Schedule 4,

those households are to be treated as having agreed to be treated as an extended household under this paragraph.

(7) A household ceases to be treated as [F34part of] an extended household if any F35... member of the household ceases to agree to be treated as [F34part of] the extended household.

[F36(7A) Sub-paragraph (7B) applies where—

(a)a person who would be, or is, a member of an extended household is a child, and

(b)a person who has parental responsibility for the child (“P”) is a member of the child’s household.

(7B) Where this sub-paragraph applies—

(a)the agreement required by sub-paragraph (3) is to be given by P (and not the child), and

(b)a household ceases to be treated as part of an extended household in accordance with sub-paragraph (7) if P ceases to agree to be treated as part of the extended household (whether or not the child also ceases to agree).]

(8) If a household ceases to be treated as [F37part of] an extended household, the household may not agree to be treated as [F37part of] an extended household with any other household [F38unless a period of at least 10 days has expired since any member of the household last participated in a gathering with any member of another household in reliance on being treated as part of an extended household with that household].

(9) In this Schedule, references to an extended household are references to an extended household formed under or by virtue of this paragraph.

[F39(10) In this paragraph, “well-being needs household” means—

(a)a single adult household;

(b)a household comprising of 1 or more children and no adults.]

Textual Amendments

F28Words in Sch. 2 para. 3(2) substituted (13.3.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 5) Regulations 2021 (S.I. 2021/307), regs. 1(2), 2(5)(a)(i)

F29Words in Sch. 2 para. 3(3) substituted (13.3.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 5) Regulations 2021 (S.I. 2021/307), regs. 1(2), 2(5)(a)(ii)

F35Word in Sch. 2 para. 3(7) omitted (13.3.2021 immediately before the start of the day) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 5) Regulations 2021 (S.I. 2021/307), regs. 1(2), 2(5)(a)(iii)

Commencement Information

I3Sch. 2 para. 3 in force at 20.12.2020, see reg. 1(3)

PART 2E+WRestrictions on organising events

Prohibition on organising eventsE+W

4.—[F40(1) No person may, without a reasonable excuse, be involved in organising an event unless—

(a)the event is regulated (see regulation 57(7)),

(b)the event is held outdoors, and

(c)no more than 50 people attend at any time.

(1A) For the purposes of this paragraph, a person working, or providing voluntary services, in relation to the holding of an event is not to be treated as attending the event.]

[F41(2) Sub-paragraph (1) does not apply to a person involved in organising—

(a)an event held at a private dwelling at which people do not participate in a gathering in contravention of paragraph 1;

(b)an event authorised by the Welsh Ministers under paragraph 5;

(c)a solemnisation of a marriage, formation of a civil partnership or an alternative wedding ceremony;

(d)a funeral;

(e)an indoor gathering of no more than 30 people at regulated premises, or an outdoor gathering of no more than 50 people at such premises, not counting (in either case) persons under the age of 11 or persons working at the premises, to—

(i)celebrate a solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony that took place on or after 26 March 2020;

(ii)celebrate the life of a deceased person whose funeral is held on or after 26 March 2020;

(f)a regulated gathering that takes place to any extent indoors and at which—

(i)no more than 30 people are in attendance, not counting persons under the age of 11 or persons working, or providing voluntary services, at the gathering, and

(ii)no alcohol is consumed;

(g)a regulated gathering that takes place outdoors and at which—

(i)no more than 50 people are in attendance, not counting persons under the age of 11 or persons working, or providing voluntary services, at the gathering, unless the gathering is organised for the purposes of protest, or picketing carried out in accordance with the Trade Union and Labour Relations (Consolidation) Act 1992, and

(ii)no alcohol is consumed;

(h)a regulated gathering, in premises other than holiday or travel accommodation, for the development or well-being of children (including sports, music and other recreational activities such as those provided for children outside of school hours and during school holidays).]

(3) For the purposes of sub-paragraph (1)—

(a)a person is not involved in organising an event if the person's only involvement is attending it;

(b)a reasonable excuse includes where the person has taken all reasonable measures to ensure that no more than [F4250 people are present at the event at any time];

[F43(c)where—

(i)the showing of a film,

(ii)a theatrical performance,

(iii)a market, or

(iv)a religious service,

is held in premises ordinarily used for that purpose or outdoors, it is not to be treated as an event;

(d)an elite sporting event at which the only people present are elite athletes and persons working or providing voluntary services at the event is not to be treated as an event.]

Textual Amendments

F43Sch. 2 para. 4(3)(c)(d) substituted for Sch. 2 para. 4(3)(c) (17.5.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 10) Regulations 2021 (S.I. 2021/583), regs. 1(2), 2(13)(b)

Commencement Information

I4Sch. 2 para. 4 in force at 20.12.2020, see reg. 1(3)

Authorised eventsE+W

5.—[F44(1) The Welsh Ministers may give authorisation in writing for an event to be held.]

F45(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) An authorisation may be given under sub-paragraph (1) in relation to a particular event or a particular description of events.

(4) An authorisation under sub-paragraph (1)—

(a)must be given to a person the Welsh Ministers consider is responsible for organising the event, and

(b)may require the event to be held in accordance with any requirements, restrictions or other conditions as may be specified by the Welsh Ministers.

[F46(4A) A requirement, restriction or other condition specified by the Welsh Ministers in an authorisation given under sub-paragraph (1) may modify regulations 16, 17 and 17A (requirement to take all reasonable measures to minimise exposure to coronavirus) for a specified period in so far as it applies to the premises at which the event is held.]

(5) The Welsh Ministers must publish—

(a)an authorisation given under sub-paragraph (1), and

(b)details of any requirements, restrictions or other conditions specified by the Welsh Ministers in relation to an event to be held under the authorisation.

(6) The Welsh Ministers may withdraw an authorisation at any time by giving notice in writing to the person to whom the authorisation was given.

(7) An authorisation may be withdrawn under sub-paragraph (6) only if the Welsh Ministers —

(a)have reasonable grounds to believe that the event will not be held, or is not being held, in accordance with a requirement, restriction or other condition specified by them, or

(b)consider that it is necessary and proportionate to withdraw the authorisation for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection by coronavirus.

Textual Amendments

Commencement Information

I5Sch. 2 para. 5 in force at 20.12.2020, see reg. 1(3)

F47PART 3E+WRestrictions on travelling

Textual Amendments

Restriction on travel to and from Alert Level 2 areaE+W

F476.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 4E+WRestrictions on certain businesses and services

Closure of premises used by certain businesses and servicesE+W

7.—(1) A person responsible for carrying on or providing a business or service listed in paragraph 9 or 10 must—

(a)close to members of the public any premises operated as part of the business or service, and

(b)not carry on the business or service at such premises otherwise than in accordance with this regulation.

(2) Sub-paragraph (1) does not prevent—

(a)carrying out maintenance and repairs or other work to ensure premises are suitable for use when sub-paragraph (1) no longer applies to the premises;

(b)the use of premises for any purpose as may be requested or authorised by the Welsh Ministers or a local authority;

(c)the use of premises to broadcast without an audience present at the premises (whether over the internet or as part of a radio or television broadcast) or to rehearse F48... ;

(d)the use of premises for the provision of services or information (including the sale, hire or delivery of goods or services)—

(i)through a website, or otherwise by on-line communication,

(ii)by telephone, including by text message, or

(iii)by post.

(3) Where—

(a)a person responsible for carrying on a business (“business A”) is required by virtue of this paragraph to cease carrying on business A at premises, and

(b)business A forms part of a larger business (“business B”),

the requirement in this paragraph is complied with if the person responsible for carrying on business B ceases to carry on business A at the premises.

Textual Amendments

F48Words in Sch. 2 para. 7(2)(c) omitted (13.3.2021 immediately before the start of the day) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 5) Regulations 2021 (S.I. 2021/307), regs. 1(2), 2(5)(b)

Commencement Information

I6Sch. 2 para. 7 in force at 20.12.2020, see reg. 1(3)

Restrictions on licensed premisesE+W

F498.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Businesses or services whose premises must be closedE+W

9.  Nightclubs, discotheques, dance halls or other venues authorised for the sale or supply of alcohol where live or recorded music is provided for members of the public or members of the venue to dance.

Commencement Information

I7Sch. 2 para. 9 in force at 20.12.2020, see reg. 1(3)

10.  Sexual entertainment venues (within the meaning given by paragraph 2A of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982).E+W

Commencement Information

I8Sch. 2 para. 10 in force at 20.12.2020, see reg. 1(3)

[F5011.  Ice skating rinks.]E+W

Textual Amendments