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

Regulation 4(4)

SCHEDULE 3 E+W Alert Level 3 Restrictions

PART 1 E+W Restrictions on gathering

Restriction on gatherings in private dwellings E+W

1.—(1) No person may, without a reasonable excuse, participate in a gathering in a private dwelling with any other person apart from members of their household or extended household.

(2) 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 (4) applies.

(3) 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;

(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.

(4) The circumstances referred to in sub-paragraph (2)(b) are that the person is—

(a) providing or receiving emergency assistance;

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

(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.

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

Commencement Information

I1 Sch. 3 para. 1 in force at 20.12.2020, see reg. 1(3)

Restriction on gatherings in public places E+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 4 people, not including—

(i) any children under the age of 11, 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 or in any part of regulated premises that is outdoors, if all the persons participating in the gathering are members of the same household, or

(b) takes place outdoors other than in regulated premises, if all the persons participating in the gathering are—

(i) members of the same household, or

(ii) members of the same 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.

(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.

(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;

(e) participating in a gathering of no more than 15 people at regulated premises, not counting 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 takes place on or after 22 August 2020;

(ii) celebrate the life of a deceased person whose funeral is held on or after 22 August 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 an indoor organised activity at which—

(i) no more than 15 people are in attendance, not counting persons under the age of 11 or persons working, or providing voluntary services, as part of the activity, and

(ii) no alcohol is consumed;

(j) participating in or facilitating an outdoor organised activity 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, as part of the activity, and

(ii) no alcohol is consumed;

(k) participating in or facilitating an organised activity 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).

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

Commencement Information

I2 Sch. 3 para. 2 in force at 20.12.2020, see reg. 1(3)

Extended households E+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 [F1 well-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 [F2 members of the households] must agree.

(4) A household may only agree to be treated as being in 1 extended household [F3 at any one time].

[F4 (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 2, or

(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 [F5 part of] an extended household if any F6 ... member of the household ceases to agree to be treated as [F5 part of] the extended household.

[F7 (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 [F8 part of] an extended household, the household may not agree to be treated as [F8 part of] an extended household with any other household [F9 unless 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.

[F10 (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

F1 Words in Sch. 3 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(6)(a)(i)

F2 Words in Sch. 3 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(6)(a)(ii)

F3 Words in Sch. 3 para. 3(4) inserted (30.1.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/103), regs. 1(2), 2(5)(a)

F4 Sch. 3 para. 3(5) substituted (30.1.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/103), regs. 1(2), 2(5)(b)

F5 Words in Sch. 3 para. 3(7) substituted (30.1.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/103), regs. 1(2), 2(5)(c)

F6 Word in Sch. 3 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(6)(a)(iii)

F7 Sch. 3 para. 3(7A)(7B) inserted (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(6)(a)(iv)

F8 Words in Sch. 3 para. 3(8) substituted (30.1.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/103), regs. 1(2), 2(5)(d)(i)

F9 Words in Sch. 3 para. 3(8) inserted (30.1.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/103), regs. 1(2), 2(5)(d)(ii)

F10 Sch. 3 para. 3(10) inserted (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(6)(a)(v)

Commencement Information

I3 Sch. 3 para. 3 in force at 20.12.2020, see reg. 1(3)

PART 2 E+W Restrictions on organising events

Prohibition on organising events E+W

4.—(1) No person may, without a reasonable excuse, be involved in organising—

(a) an event held wholly or mainly indoors at which more than 15 people are in attendance, or

(b) an event held wholly or mainly outdoors at which more than 30 people are in attendance,

not counting persons under the age of 11 or persons working, or providing voluntary services, at the event.

(2) Sub-paragraph (1) does not apply to a person involved in organising an elite sporting event authorised by the Welsh Ministers under paragraph 5.

(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 15 or 30 people are in attendance, as the case may be;

(c) the following are not to be treated as events—

(i) the showing of a film at a drive-in cinema;

(ii) a performance at a drive-in theatre;

(iii) a market;

(iv) a religious service;

[F11 (v) an elite sporting event at which the only people present are elite athletes and persons working or providing voluntary services at the event.]

Textual Amendments

F11 Sch. 3 para. 4(3)(c)(v) inserted (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(6)(b)

Commencement Information

I4 Sch. 3 para. 4 in force at 20.12.2020, see reg. 1(3)

Authorised elite sporting events E+W

F12 5.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12 Sch. 3 para. 5 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(6)(c)

PART 3 E+W Restrictions on travelling

Restriction on travel to and from Alert Level 3 area E+W

6.—(1) No person living in—

(a) a restricted UK area, or

(b) another area of Wales,

may enter or remain in an Alert Level 3 area without a reasonable excuse.

(2) No person living in an Alert Level 3 area may, without a reasonable excuse, leave the area for the purposes of entering or remaining in—

(a) a restricted UK area, or

(b) another area of Wales.

(3) For the purposes of sub-paragraphs (1) and (2), a person has a reasonable excuse if—

(a) the person enters or leaves the area for a purpose that is reasonably necessary and there is no reasonably practicable alternative;

(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 enter or leave the area 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 participating 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;

(j) obtaining—

(i) food and medical supplies for those in the same household (including animals in the household) or for vulnerable persons;

(ii) supplies for the essential upkeep, maintenance and functioning of the household, or the household of a vulnerable person;

(k) obtaining money from or depositing money with any business or service listed in paragraph 39(g) of Schedule 7;

(l) participating in or facilitating an organised activity 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).

(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;

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

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

(e) an elite athlete F13 ... and is travelling for the purposes of training or competition;

(f) providing coaching or other support to an elite athlete, or providing support at–

(i) an elite sporting event, or

(ii) a sporting event taking place outside Wales;

(g) travelling to vote in an election;

(h) travelling on a journey which—

(i) in relation to the restriction in sub-paragraph (1), begins and ends outside the area, or

(ii) in relation to the restriction in sub-paragraph (2), ends in an area which the person is not prohibited from entering or remaining in under that sub-paragraph,

provided that the person takes all reasonably practicable measures to minimise any stops during the journey;

(i) travelling to participate in a gathering with the person's extended household in accordance with any restrictions on gatherings applicable where the gathering takes place.

Textual Amendments

F13 Words in Sch. 3 para. 6(5)(e) omitted (20.1.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) Regulations 2021 (S.I. 2021/57), regs. 1(2), 2(10)

Commencement Information

I5 Sch. 3 para. 6 in force at 20.12.2020, see reg. 1(3)

PART 4 E+W Restrictions on certain businesses and services

CHAPTER 1 E+W Businesses or services whose premises are required to be closed

Closure of businesses and services E+W

7.—(1) A person responsible for carrying on a business or providing a service which is listed in paragraphs 11 to 26 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 F14 ... ;

(d) the use of premises for the provision of goods or services (including their sale, hire, collection or delivery) in response to an order or enquiry made—

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

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

(iii) by post;

(e) the use of premises for the provision of information—

(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

F14 Words in Sch. 3 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(6)(d)

Commencement Information

I6 Sch. 3 para. 7 in force at 20.12.2020, see reg. 1(3)

CHAPTER 2 E+W Restrictions on food and drink businesses and licensed premises

Restrictions on food and drink businesses E+W

8.—(1) A person responsible for carrying on a food and drink business—

(a) may not open its premises to customers before 6.00 a.m. each day;

(b) must close the premises to customers at or before 6.00 p.m. each day.

(2) The person responsible for carrying on a food and drink business or any other business or service whose premises are authorised for the sale or supply of alcohol may not—

(a) sell or supply alcohol for consumption on its premises;

(b) permit the consumption of alcohol on the premises.

(3) For the purposes of this paragraph, an area adjacent to the premises of the business where seating is made available for customers of the business (whether or not by the business) is to be treated as part of the premises of that business.

(4) Where—

(a) a person responsible for carrying on a food and drink business (“business A”) is subject to a requirement or restriction under this paragraph, and

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

the requirement or restriction is complied with if the person responsible for carrying on business B complies with the requirement or restriction.

Commencement Information

I7 Sch. 3 para. 8 in force at 20.12.2020, see reg. 1(3)

Restrictions on food and drink businesses: exceptions E+W

9.—(1) Paragraph 8(1) does not apply to—

(a) premises located in—

(i) a sea port;

(ii) an airport;

(iii) an educational establishment;

(iv) a hospital or care home;

(b) workplace canteens, where there is no practical alternative for people at that workplace to obtain food or drink between 6.00 p.m. and 6.00 a.m.;

(c) premises used for the provision of food or drink to homeless people.

(2) Paragraph 8(1) does not prevent premises being used to sell or supply food or drink for consumption off the premises.

(3) If—

(a) the celebration of a marriage, formation of a civil partnership or alternative wedding is being held on premises to which paragraph 8 applies, and

(b) the celebration was booked more than a week before this paragraph most recently began to apply to the area in which the premises are located,

the premises may, despite paragraph 8(1)(b), remain open until 10.00 p.m. for the purposes of holding the celebration.

(4) Sub-paragraphs (5) and (6) apply where premises of a food and drink business (“the restricted premises”) form part of the premises of holiday or travel accommodation.

(5) Paragraph 8(1) does not—

(a) require the restricted premises to be closed to the residents of the holiday or travel accommodation;

(b) prevent the sale of food or drink to residents—

(i) as part of room service, or

(ii) between 6.00 a.m. and 10.00 p.m. in any part of the premises of the holiday or travel accommodation.

(6) Neither paragraph 8(1) nor (2)—

(a) prevents residents from consuming food or drink (including alcohol) at any time in their private room;

(b) prevents the sale of alcohol to residents as part of room service (but see paragraph 10).

Commencement Information

I8 Sch. 3 para. 9 in force at 20.12.2020, see reg. 1(3)

Restrictions on licensed premises E+W

10.—(1) A person responsible for premises which are authorised for the sale or supply of alcohol may not sell or supply alcohol between 10.00 p.m. and 6.00 a.m.

(2) Sub-paragraph (1) does not allow alcohol to be sold or supplied in contravention of an authorisation granted or given in respect of the premises.

Commencement Information

I9 Sch. 3 para. 10 in force at 20.12.2020, see reg. 1(3)

CHAPTER 3 E+W List of closed premises

Businesses or services whose premises must be closed E+W

11.  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

I10 Sch. 3 para. 11 in force at 20.12.2020, see reg. 1(3)

12.  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

I11 Sch. 3 para. 12 in force at 20.12.2020, see reg. 1(3)

13.  Cinemas, other than drive in cinemas. E+W

Commencement Information

I12 Sch. 3 para. 13 in force at 20.12.2020, see reg. 1(3)

14.  Concert halls and theatres, other than drive-in theatres. E+W

Commencement Information

I13 Sch. 3 para. 14 in force at 20.12.2020, see reg. 1(3)

15.  Casinos. E+W

Commencement Information

I14 Sch. 3 para. 15 in force at 20.12.2020, see reg. 1(3)

16.  Bingo halls. E+W

Commencement Information

I15 Sch. 3 para. 16 in force at 20.12.2020, see reg. 1(3)

17.  Amusement arcades. E+W

Commencement Information

I16 Sch. 3 para. 17 in force at 20.12.2020, see reg. 1(3)

18.  Bowling alleys. E+W

Commencement Information

I17 Sch. 3 para. 18 in force at 20.12.2020, see reg. 1(3)

19.  Indoor play centres or areas. E+W

Commencement Information

I18 Sch. 3 para. 19 in force at 20.12.2020, see reg. 1(3)

20.  Funfairs, amusement parks and theme parks. E+W

Commencement Information

I19 Sch. 3 para. 20 in force at 20.12.2020, see reg. 1(3)

21.  Museums and galleries. E+W

Commencement Information

I20 Sch. 3 para. 21 in force at 20.12.2020, see reg. 1(3)

22.  Skating rinks. E+W

Commencement Information

I21 Sch. 3 para. 22 in force at 20.12.2020, see reg. 1(3)

23.  Trampoline parks and centres. E+W

Commencement Information

I22 Sch. 3 para. 23 in force at 20.12.2020, see reg. 1(3)

24.  Indoor skate parks and centres E+W

Commencement Information

I23 Sch. 3 para. 24 in force at 20.12.2020, see reg. 1(3)

25.  Spas. E+W

Commencement Information

I24 Sch. 3 para. 25 in force at 20.12.2020, see reg. 1(3)

26.  Visitor attractions. E+W

Commencement Information

I25 Sch. 3 para. 26 in force at 20.12.2020, see reg. 1(3)