Point in time view as at 11/10/2021.
There are currently no known outstanding effects for the The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020.
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Regulation 4(2)
1.—[F1(1) No person may, without a reasonable excuse, participate in a gathering indoors in a private dwelling which consists of more than 6 people unless—
(a)all the persons participating in the gathering are members of the same household or extended household, or
(b)where all the persons participating in the gathering are not members of the same household or extended household, all the persons participating in the gathering are members of no more than 2 households.]
F2(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) In determining, for the purposes of sub-paragraph [F3(1)], 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 [F56] 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;
F6(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.
[F7(c)working or providing voluntary or charitable services, or is receiving services from a person working or providing voluntary or charitable services;]
F8(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) This paragraph does not apply to a person who is homeless.
Textual Amendments
F1Sch. 1 para. 1(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(4)(a)(i)
F2Sch. 1 para. 1(1A) omitted (17.7.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 14) Regulations 2021 (S.I. 2021/862), regs. 1(2), 2(4)(a)(ii)
F3Word in Sch. 1 para. 1(2) 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(4)(a)(iii)(aa)
F4Words in Sch. 1 para. 1(2)(a) inserted (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(12)(a)
F5Word in Sch. 1 para. 1(2)(a) 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(4)(a)(iii)(bb)
F6Sch. 1 para. 1(4)(b) 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(12)(a)(i)
F7Sch. 1 para. 1(5)(c) 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(12)(a)(ii)
F8Sch. 1 para. 1(5)(d) omitted (17.7.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 14) Regulations 2021 (S.I. 2021/862), regs. 1(2), 2(4)(a)(iv)
Commencement Information
I1Sch. 1 para. 1 in force at 20.12.2020, see reg. 1(3)
2.—[F9(1) No person may, without a reasonable excuse, participate in a gathering which takes place indoors other than in a private dwelling or in holiday or travel accommodation which consists of more than 6 people unless all the persons participating in the gathering are members of the same household.]
[F10(1A) No person may, without a reasonable excuse, participate in a gathering which takes place indoors in holiday or travel accommodation which consists of more than 6 people unless—
(a)all the persons participating in the gathering are members of the same household or extended household, or
(b)where all the persons participating in the gathering are not members of the same household or extended household, all the persons participating in the gathering are members of no more than 2 households.]
F11(1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) In determining, for the purposes of [F12sub-paragraphs (1) and [F13(1A)]], the number of persons participating in a gathering no account is to be taken of—
[F14(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.
(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;
(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.
(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 solemnisation of a marriage, formation of a civil partnership or an 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;
[F15(e)participating in an indoor gathering [F16at regulated 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;
[F17(i)participating in, attending or facilitating a regulated gathering or event that takes place to any extent indoors other than at holiday or travel accommodation;]
F18(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F19(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F20(ka)participating in or facilitating a regulated gathering of [F21no more than 30 children] in holiday or travel accommodation, where the gathering relates to—
[F22(i)a regulated gathering 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);]
(ii)a gathering in which the children are participating for the purpose described in sub-paragraph (4)(i);]
(l)attending or facilitating an event authorised by the Welsh Ministers in accordance with paragraph 5.
F23(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F9Sch. 1 para. 2(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(4)(b)(i)
F10Sch. 1 para. 2(1A) substituted (17.7.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 14) Regulations 2021 (S.I. 2021/862), regs. 1(2), 2(4)(b)(ii)
F11Sch. 1 para. 2(1B) omitted (17.7.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 14) Regulations 2021 (S.I. 2021/862), regs. 1(2), 2(4)(b)(iii)
F12Words in Sch. 1 para. 2(2) substituted (7.6.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 11) Regulations 2021 (S.I. 2021/668), regs. 1(2), 2(6)(b)(iii)(aa)
F13Word in Sch. 1 para. 2(2) 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(4)(b)(iv)(aa)
F14Sch. 1 para. 2(2)(a) 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(4)(b)(iv)(bb)
F15Sch. 1 para. 2(5)(e) 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(12)(b)(i)
F16Words in Sch. 1 para. 2(5)(e) 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(6)(a)(i)
F17Sch. 1 para. 2(5)(i) 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(4)(b)(v)(aa)
F18Sch. 1 para. 2(5)(j) omitted (17.7.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 14) Regulations 2021 (S.I. 2021/862), regs. 1(2), 2(4)(b)(v)(bb)
F19Sch. 1 para. 2(5)(k) omitted (17.7.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 14) Regulations 2021 (S.I. 2021/862), regs. 1(2), 2(4)(b)(v)(bb)
F20Sch. 1 para. 2(5)(ka) inserted (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(6)(a)(ii)
F21Words in Sch. 1 para. 2(5)(ka) 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(4)(b)(v)(cc)(i)
F22Sch. 1 para. 2(5)(ka)(i) 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(4)(b)(v)(cc)(ii)
F23Sch. 1 para. 2(6) omitted (17.7.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 14) Regulations 2021 (S.I. 2021/862), regs. 1(2), 2(4)(b)(vi)
Commencement Information
I2Sch. 1 para. 2 in force at 20.12.2020, see reg. 1(3)
3.—(1) Up to 3 households may agree to be treated as an extended household.
(2) In addition to the up to 3 households who may agree to be treated as an extended household under sub-paragraph (1), 1 [F24well-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 F25... members of the households must agree.
(4) A household may only agree to be treated as being in 1 extended household [F26at any one time].
(5) Where households have agreed to be treated as an extended household under—
(a)paragraph 3 of Schedule 2,
(b)paragraph 3 of Schedule 3, or
[F27(ba)paragraph 4 of Schedule 3A [F28(despite its revocation by the Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 9) Regulations 2021)],]
(c)paragraph 3 of Schedule 4,
those households are to be treated as having agreed to be treated as an extended household under this paragraph.
(6) A household ceases to be treated as [F29part of] an extended household if any F30... member of the household ceases to agree to be treated as [F29part of] the extended household.
[F31(6A) Sub-paragraph (6B) 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.
(6B) 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 (6) if P ceases to agree to be treated as part of the extended household (whether or not the child also ceases to agree).]
(7) If a household ceases to be treated as [F32part of] an extended household, the household may not agree to be treated as [F32part of] an extended household with any other household [F33unless 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].
(8) In this Schedule, references to an extended household are references to an extended household formed under or by virtue of this paragraph.
[F34(9) 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
F24Words in Sch. 1 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(4)(a)(i)
F25Words in Sch. 1 para. 3(3) 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(4)(a)(ii)
F26Words in Sch. 1 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(3)(a)
F27Sch. 1 para. 3(5)(ba) 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(12)(c)
F28Words in Sch. 1 para. 3(5)(ba) inserted (3.5.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 9) Regulations 2021 (S.I. 2021/542), regs. 1(2), 2(3)
F29Words in Sch. 1 para. 3(6) 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(3)(b)
F30Word in Sch. 1 para. 3(6) 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(4)(a)(iii)
F31Sch. 1 para. 3(6A)(6B) 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(4)(a)(iv)
F32Words in Sch. 1 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(3)(c)(i)
F33Words in Sch. 1 para. 3(7) 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(3)(c)(ii)
F34Sch. 1 para. 3(9) 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(4)(a)(v)
Commencement Information
I3Sch. 1 para. 3 in force at 20.12.2020, see reg. 1(3)
4.—[F35(1) No person may, without a reasonable excuse, be involved in organising an event unless—
(a)the event is regulated (see regulation 57(7)), [F36and]
F37(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)[F38where the event is held to any extent indoors,] no more than the permitted number of people attend at any time.
(1A) The permitted number of people is—
(a)where every person attending is normally seated during the event, [F391000];
(b)otherwise, [F40200].
(1B) 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 [F42at regulated premises F43...] 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;
F44(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g)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).
F45(ga). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F46(h)an event that is held to any extent indoors at regulated premises [F47(other than at holiday or travel accommodation)] and at which—
(i)no more than 6 people are in attendance, or
(ii)all of the people in attendance are members of the same household F48...;
(i)an event that is held outdoors at regulated premises (other than at holiday or travel accommodation) and at which—
(i)no more than 30 people are in attendance, or
(ii)all of the people in attendance are members of the same household;
[F49(ia)an event that is any of the following, where it is held in premises ordinarily used for that purpose—
(i)the showing of a film,
(ii)an entertainment performance where no more than 200 people are in attendance or where it is held outdoors,
(iii)a market, or
(iv)a religious service;
(ib)an elite sporting event at which the only people present are elite athletes and persons working or providing voluntary services for the event;]
(j)an event that is held outdoors at premises that are not regulated premises or outdoors at holiday or travel accommodation and at which—
(i)no more than 30 people are in attendance, or
(ii)all of the people in attendance are members of the same household or extended household.]
[F50(k)an event that is held to any extent indoors at holiday or travel accommodation and at which [F51—
(i)no more than 6 people are in attendance,
(ii)all of the people in attendance are members of the same household or extended household, or
(iii)where all the people in attendance are not members of the same household or extended household, all of the people in attendance are members of no more than 2 households.]]]
[F52(2A) In determining, for the purposes of sub-paragraph (2), the number of persons in attendance at an event, no account is to be taken of—
(a)any children under the age of 11,
(b)the carer of any person in attendance, or
(c)any person working, or providing voluntary services, at the event.]
(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 [F53the permitted number of people are present at the event at any time];
F54(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F54(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F35Sch. 1 para. 4(1)-(1B) substituted for Sch. 1 para. 4(1) (7.6.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 11) Regulations 2021 (S.I. 2021/668), regs. 1(2), 2(6)(c)(i)
F36Word in Sch. 1 para. 4(1)(a) 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(4)(c)(i)(aa)
F37Sch. 1 para. 4(1)(b) omitted (17.7.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 14) Regulations 2021 (S.I. 2021/862), regs. 1(2), 2(4)(c)(i)(bb)
F38Words in Sch. 1 para. 4(1)(c) 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(4)(c)(i)(cc)
F39Word in Sch. 1 para. 4(1A)(a) 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(4)(c)(ii)(aa)
F40Word in Sch. 1 para. 4(1A)(b) 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(4)(c)(ii)(bb)
F41Sch. 1 para. 4(2) substituted (7.6.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 11) Regulations 2021 (S.I. 2021/668), regs. 1(2), 2(6)(c)(ii)
F42Words in Sch. 1 para. 4(2)(e) substituted (8.6.2021 at 6.00 p.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 12) Regulations 2021 (S.I. 2021/686), regs. 1(2), 2(2)(a)
F43Words in Sch. 1 para. 4(2)(e) omitted (21.6.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 13) Regulations 2021 (S.I. 2021/722), regs. 1(2), 2(6)(c)(i)(aa)
F44Sch. 1 para. 4(2)(f) omitted (17.7.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 14) Regulations 2021 (S.I. 2021/862), regs. 1(2), 2(4)(c)(iii)(aa)
F45Sch. 1 para. 4(2)(ga) omitted (17.7.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 14) Regulations 2021 (S.I. 2021/862), regs. 1(2), 2(4)(c)(iii)(aa)
F46Sch. 1 para. 4(2)(h)-(j) inserted (8.6.2021 at 6.00 p.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 12) Regulations 2021 (S.I. 2021/686), regs. 1(2), 2(2)(c)
F47Words in Sch. 1 para. 4(2)(h) inserted (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(6)(c)(i)(cc)(i)
F48Words in Sch. 1 para. 4(2)(h)(ii) omitted (21.6.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 13) Regulations 2021 (S.I. 2021/722), regs. 1(2), 2(6)(c)(i)(cc)(ii)
F49Sch. 1 para. 4(2)(ia)(ib) inserted (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(6)(c)(i)(dd)
F50Sch. 1 para. 4(2)(k) inserted (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(6)(c)(i)(ee)
F51Sch. 1 para. 4(2)(k)(i)-(iii) substituted for words in Sch. 1 para. 4(2)(k) (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(4)(c)(iii)(bb)
F52Sch. 1 para. 4(2A) inserted (8.6.2021 at 6.00 p.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 12) Regulations 2021 (S.I. 2021/686), regs. 1(2), 2(2)(d)
F53Words in Sch. 1 para. 4(3)(b) substituted (7.6.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 11) Regulations 2021 (S.I. 2021/668), regs. 1(2), 2(6)(c)(iii)
F54Sch. 1 para. 4(3)(c)(d) omitted (21.6.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 13) Regulations 2021 (S.I. 2021/722), regs. 1(2), 2(6)(c)(ii)
Commencement Information
I4Sch. 1 para. 4 in force at 20.12.2020, see reg. 1(3)
5.—[F55(1) The Welsh Ministers may give authorisation in writing for an event to be held.]
F56(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.
[F57(4A) A requirement, restriction or other condition specified by the Welsh Ministers in an authorisation given under sub-paragraph (1) may modify [F58regulation 16] (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
F55Sch. 1 para. 5(1) substituted (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(12)(d)(i)
F56Sch. 1 para. 5(2) omitted (17.5.2021 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 10) Regulations 2021 (S.I. 2021/583), regs. 1(2), 2(12)(d)(ii)
F57Sch. 1 para. 5(4A) inserted (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(12)(d)(iii)
F58Words in Sch. 1 para. 5(4A) 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(22)
Commencement Information
I5Sch. 1 para. 5 in force at 20.12.2020, see reg. 1(3)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F59Sch. 1 Pt. 3 omitted (12.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(13)
7.—(1) A person responsible for carrying on or providing a business or service listed in paragraph 9 [F60or 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 F61... ;
(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
F60Words in Sch. 1 para. 7(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(4)(d)
F61Words in Sch. 1 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(4)(b)
Commencement Information
I6Sch. 1 para. 7 in force at 20.12.2020, see reg. 1(3)
F628. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F62Sch. 1 para. 8 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(12)(f)
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. 1 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 M1).E+W
Commencement Information
I8Sch. 1 para. 10 in force at 20.12.2020, see reg. 1(3)
Marginal Citations
M11982 c. 30. Paragraph 2A of Schedule 3 was inserted by section 27(3) of the Policing and Crime Act 2009 (c. 26).
F6311. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Textual Amendments
Regulation 4(3)
1.—[F64(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.]
[F65(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 [F66sub-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 [F67, 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;
F68(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;
[F69(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
F64Sch. 2 para. 1(1) 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)(a)(i)
F65Sch. 2 para. 1(1A) 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)(a)(ii)
F66Words in Sch. 2 para. 1(2) 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)(a)(iii)(aa)
F67Words in Sch. 2 para. 1(2)(a) 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)(a)(iii)(bb)
F68Sch. 2 para. 1(4)(b) 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)(a)(iv)
F69Sch. 2 para. 1(5)(ba) 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)(a)(v)
Commencement Information
I9Sch. 2 para. 1 in force at 20.12.2020, see reg. 1(3)
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 [F706] people, not including—
(i)any children under the age of 11 [F71, 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 [F72or outdoors in regulated premises] F73... , if all the persons participating in the gathering are members of the same household, or
F74(aa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F75(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 [F76or extended household].
[F77(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 [F78sub-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.
[F79(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;
[F80(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 [F81a regulated gathering that takes place [F82to any extent] indoors and] at which—
(i)no more than [F8330] people are in attendance, not counting persons under the age of 11 or persons working, or providing voluntary services, [F84at the gathering], and
(ii)no alcohol is consumed;
(j)participating in or facilitating [F85a regulated gathering that takes place F86... outdoors and] at which—
[F87(i)no more than 50 people are in attendance, not counting persons under the age of 11 or persons working, or providing voluntary services, [F88at 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;
[F89(k)participating in or facilitating an [F90regulated 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
F70Word in Sch. 2 para. 2(1)(b) substituted (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)(a)(i)(aa)
F71Words in Sch. 2 para. 2(1)(b)(i) inserted (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)(a)(i)(bb)
F72Words in Sch. 2 para. 2(2)(a) inserted (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)(a)(ii)(aa)
F73Words 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)
F74Sch. 2 para. 2(2)(aa) omitted (17.5.2021 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 10) Regulations 2021 (S.I. 2021/583), regs. 1(2), 2(13)(a)(ii)(bb)
F75Sch. 2 para. 2(2)(b) substituted (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)(a)(ii)(cc)
F76Words 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)
F77Sch. 2 para. 2(3A)(3B) 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)(v)
F78Words in Sch. 2 para. 2(3B) substituted (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)(a)(iii)
F79Sch. 2 para. 2(5)(j) 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)(vi)
F80Sch. 2 para. 2(6)(e) 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)(aa)
F81Words in Sch. 2 para. 2(6)(i) substituted (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)(a)(iv)(aa)
F82Words in Sch. 2 para. 2(6)(i) substituted (7.6.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 11) Regulations 2021 (S.I. 2021/668), regs. 1(2), 2(7)(a)(i)
F83Word 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)
F84Words in Sch. 2 para. 2(6)(i)(i) substituted (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)(a)(iv)(bb)
F85Words in Sch. 2 para. 2(6)(j) substituted (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)(a)(v)(aa)
F86Words in Sch. 2 para. 2(6)(j) omitted (7.6.2021 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 11) Regulations 2021 (S.I. 2021/668), regs. 1(2), 2(7)(a)(ii)
F87Sch. 2 para. 2(6)(j)(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)(cc)
F88Words in Sch. 2 para. 2(6)(j)(i) substituted (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)(a)(v)(bb)
F89Sch. 2 para. 2(6)(k) substituted (3.5.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 9) Regulations 2021 (S.I. 2021/542), regs. 1(2), 2(4)(a)
F90Words in Sch. 2 para. 2(6)(k) substituted (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)(a)(vi)
Commencement Information
I10Sch. 2 para. 2 in force at 20.12.2020, see reg. 1(3)
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 [F91well-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 [F92members of the households] must agree.
(4) A household may only agree to be treated as being in 1 extended household [F93at any one time].
[F94(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
[F95(aa)paragraph 4 of Schedule 3A [F96(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 [F97part of] an extended household if any F98... member of the household ceases to agree to be treated as [F97part of] the extended household.
[F99(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 [F100part of] an extended household, the household may not agree to be treated as [F100part of] an extended household with any other household [F101unless 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.
[F102(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
F91Words 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)
F92Words 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)
F93Words in Sch. 2 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(4)(a)
F94Sch. 2 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(4)(b)
F95Sch. 2 para. 3(6)(aa) 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)(c)
F96Words in Sch. 2 para. 3(6)(aa) inserted (3.5.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 9) Regulations 2021 (S.I. 2021/542), regs. 1(2), 2(4)(b)
F97Words in Sch. 2 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(4)(c)
F98Word 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)
F99Sch. 2 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(5)(a)(iv)
F100Words in Sch. 2 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(4)(d)(i)
F101Words in Sch. 2 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(4)(d)(ii)
F102Sch. 2 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(5)(a)(v)
Commencement Information
I11Sch. 2 para. 3 in force at 20.12.2020, see reg. 1(3)
4.—[F103(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.]
[F104(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 [F105at regulated premises where no more than 30 people are in attendance, or an outdoor gathering at regulated premises where no more than 50 people are in attendance], 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, F106... 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, F107... 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).
[F108(i)an event that is held at regulated premises, other than at holiday or travel accommodation, and at which—
(i)no more than 6 people are in attendance, or
(ii)all of the people in attendance are members of the same household;
(j)an event that is any of the following, where it is held in premises ordinarily used for that purpose—
(i)the showing of a film,
(ii)an entertainment performance where no more than 200 people are in attendance or where it is held outdoors,
(iii)a market, or
(iv)a religious service;
(k)an elite sporting event at which the only people present are elite athletes and persons working or providing voluntary services for the event;
(l)an event that is held outdoors at premises that are not regulated premises or outdoors at holiday or travel accommodation and at which—
(i)no more than 6 people are in attendance, or
(ii)all of the people in attendance are members of the same household or extended household;
(m)an event that is held to any extent indoors at holiday or travel accommodation and at which all of the people in attendance are members of the same household or extended household.]]
[F109(2A) In determining, for the purposes of sub-paragraph (2), the number of persons in attendance at an event, no account is to be taken of—
(a)any children under the age of 11,
(b)the carer of any person in attendance, or
(c)any person working, or providing voluntary services, at the event.]
(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 [F11050 people are present at the event at any time];
F111(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F111(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F103Sch. 2 para. 4(1)(1A) substituted for Sch. 2 para. 4(1) (7.6.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 11) Regulations 2021 (S.I. 2021/668), regs. 1(2), 2(7)(b)(i)
F104Sch. 2 para. 4(2) substituted (7.6.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 11) Regulations 2021 (S.I. 2021/668), regs. 1(2), 2(7)(b)(ii)
F105Words in Sch. 2 para. 4(2)(e) 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(7)(a)(i)
F106Words in Sch. 2 para. 4(2)(f)(i) omitted (21.6.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 13) Regulations 2021 (S.I. 2021/722), regs. 1(2), 2(7)(a)(ii)
F107Words in Sch. 2 para. 4(2)(g)(i) omitted (21.6.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 13) Regulations 2021 (S.I. 2021/722), regs. 1(2), 2(7)(a)(iii)
F108Sch. 2 para. 4(2)(i)-(m) inserted (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(7)(a)(iv)
F109Sch. 2 para. 4(2A) inserted (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(7)(b)
F110Words in Sch. 2 para. 4(3)(b) substituted (7.6.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 11) Regulations 2021 (S.I. 2021/668), regs. 1(2), 2(7)(b)(iii)
F111Sch. 2 para. 4(3)(c)(d) omitted (21.6.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 13) Regulations 2021 (S.I. 2021/722), regs. 1(2), 2(7)(c)
Commencement Information
I12Sch. 2 para. 4 in force at 20.12.2020, see reg. 1(3)
5.—[F112(1) The Welsh Ministers may give authorisation in writing for an event to be held.]
F113(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.
[F114(4A) A requirement, restriction or other condition specified by the Welsh Ministers in an authorisation given under sub-paragraph (1) may modify [F115regulation 16] (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
F112Sch. 2 para. 5(1) substituted (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)(c)(i)
F113Sch. 2 para. 5(2) omitted (17.5.2021 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 10) Regulations 2021 (S.I. 2021/583), regs. 1(2), 2(13)(c)(ii)
F114Sch. 2 para. 5(4A) inserted (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)(c)(iii)
F115Words in Sch. 2 para. 5(4A) 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(23)
Commencement Information
I13Sch. 2 para. 5 in force at 20.12.2020, see reg. 1(3)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F116Sch. 2 Pt. 3 omitted (12.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(14)
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 F117... ;
(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
F117Words 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
I14Sch. 2 para. 7 in force at 20.12.2020, see reg. 1(3)
F1188. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F118Sch. 2 para. 8 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)(f)
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
I15Sch. 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
I16Sch. 2 para. 10 in force at 20.12.2020, see reg. 1(3)
[F11911. Ice skating rinks.]E+W
Textual Amendments
F119Sch. 2 para. 11 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)(g)
Regulation 4(4)
Textual Amendments
F120Sch. 3 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(14)
1.—(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.
(2) But a person may participate in such a gathering outdoors if the gathering consists of no more than 6 persons.
(3) In determining, for the purposes of sub-paragraph (2), 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-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 (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)meeting a legal obligation;
(c)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;
(d)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;
(e)moving home;
(f)undertaking activities in connection with the purchase, sale, letting or rental of residential property;
(g)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)working or providing voluntary or charitable services, or obtaining services from a person working or providing voluntary or charitable services;
(d)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.
(7) This paragraph does not apply to a person who is homeless.
2.—(1) No person may, without 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 or extended household.
(2) But a person may participate in such a gathering outdoors if the gathering consists of no more than 6 persons.
(3) In determining, for the purposes of sub-paragraph (2), 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-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 (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)meeting a legal obligation;
(c)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;
(d)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.
(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)working or providing voluntary or charitable services;
(d)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;
(e)participating in an indoor gathering of no more than 15 people at holiday or travel accommodation, 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 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,
at which no alcohol is consumed;
(f)participating in an outdoor gathering of no more than 30 people at holiday or travel accommodation, 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 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;
(g)participating in or facilitating [F121a regulated gathering that takes place [F122to any extent] indoors and] 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, [F123at the gathering], and
(ii)no alcohol is consumed;
(h)participating in or facilitating [F124a regulated gathering that takes place F125... outdoors 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, [F126at the gathering], and
(ii)no alcohol is consumed;
(i)attending or facilitating an event authorised by the Welsh Ministers in accordance with paragraph 6.
(7) This paragraph does not apply to a person who is homeless.
Textual Amendments
F121Words in Sch. 3 para. 2(6)(g) substituted (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(14)(a)(i)(aa)
F122Words in Sch. 3 para. 2(6)(g) substituted (7.6.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 11) Regulations 2021 (S.I. 2021/668), regs. 1(2), 2(8)(a)(i)
F123Words in Sch. 3 para. 2(6)(g)(i) substituted (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(14)(a)(i)(bb)
F124Words in Sch. 3 para. 2(6)(h) substituted (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(14)(a)(ii)(aa)
F125Words in Sch. 3 para. 2(6)(h) omitted (7.6.2021 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 11) Regulations 2021 (S.I. 2021/668), regs. 1(2), 2(8)(a)(ii)
F126Words in Sch. 3 para. 2(6)(h)(i) substituted (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(14)(a)(ii)(bb)
3.—(1) No person may, without a reasonable excuse, participate in a gathering in premises to which neither paragraph 1 nor 2 applies unless all the persons participating in the gathering are members of the same household.
(2) But a person may participate in such a gathering—
(a)outdoors in regulated premises if the gathering consists of no more than 6 persons;
(b)outdoors other than in regulated premises if—
(i)the gathering consists of no more than 6 persons, or
(ii)all the persons participating in the gathering are members of the same extended household.
(3) In determining, for the purposes of sub-paragraph (2), 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-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 (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;
(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;
(e)participating in an indoor 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 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,
at which no alcohol is consumed;
(f)participating in an outdoor gathering of no more than 30 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 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;
(g)attending a place of worship;
(h)an elite athlete and is training or competing;
(i)providing coaching or other support to an elite athlete, or providing support at an elite sporting event;
(j)participating in or facilitating [F127a regulated gathering that takes place [F128to any extent] indoors and] 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, [F129at the gathering], and
(ii)no alcohol is consumed;
(k)participating in or facilitating [F130a regulated gathering that takes place F131... outdoors 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, [F132at 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;
(l)participating in or facilitating [F133a regulated gathering] 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);
(m)attending or facilitating an event authorised by the Welsh Ministers in accordance with paragraph 6.
(7) This paragraph does not apply to a person who is homeless.
Textual Amendments
F127Words in Sch. 3 para. 3(6)(j) substituted (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(14)(b)(i)(aa)
F128Words in Sch. 3 para. 3(6)(j) substituted (7.6.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 11) Regulations 2021 (S.I. 2021/668), regs. 1(2), 2(8)(b)(i)
F129Words in Sch. 3 para. 3(6)(j)(i) substituted (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(14)(b)(i)(bb)
F130Words in Sch. 3 para. 3(6)(k) substituted (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(14)(b)(ii)(aa)
F131Words in Sch. 3 para. 3(6)(k) omitted (7.6.2021 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 11) Regulations 2021 (S.I. 2021/668), regs. 1(2), 2(8)(b)(ii)
F132Words in Sch. 3 para. 3(6)(k)(i) substituted (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(14)(b)(ii)(bb)
F133Words in Sch. 3 para. 3(6)(l) substituted (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(14)(b)(ii)(cc)
4.—(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 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 members of the households must agree.
(4) A household may only agree to be treated as being in 1 extended household at any one time.
(5) Where a household has agreed to be treated as an extended household with any 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,
(b)paragraph 4 of Schedule 3A [F134(despite its revocation by the Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 9) Regulations 2021)], or
(c)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 part of an extended household if any member of the household ceases to agree to be treated as part of the extended household.
(8) Sub-paragraph (9) 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.
(9) 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).
(10) If a household ceases to be treated as part of an extended household, the household may not agree to be treated as part of an extended household with any other household 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.
(11) In this Schedule, references to an extended household are references to an extended household formed under or by virtue of this paragraph.
(12) 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
F134Words in Sch. 3 para. 4(6)(b) inserted (3.5.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 9) Regulations 2021 (S.I. 2021/542), regs. 1(2), 2(5)(a)
5.—[F135(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 30 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.]
[F136(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 6;
(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 15 people at regulated premises, or an outdoor gathering of no more than 30 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 15 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 30 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 [F13730 people are present at the event at any time];
[F138(c)where—
(i)a market, or
(ii)a religious service,
is held in premises ordinarily used for that purpose or outdoors, it is not to be treated as an event;
(d)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)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
F135Sch. 3 para. 5(1)(1A) substituted for Sch. 3 para. 5(1) (7.6.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 11) Regulations 2021 (S.I. 2021/668), regs. 1(2), 2(8)(c)(i)
F136Sch. 3 para. 5(2) substituted (7.6.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 11) Regulations 2021 (S.I. 2021/668), regs. 1(2), 2(8)(c)(ii)
F137Words in Sch. 3 para. 5(3)(b) substituted (7.6.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 11) Regulations 2021 (S.I. 2021/668), regs. 1(2), 2(8)(c)(iii)
F138Sch. 3 para. 5(3)(c)(d) substituted for Sch. 3 para. 5(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(14)(c)
6.—[F139(1) The Welsh Ministers may give authorisation in writing for an event to be held.]
F140(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.
[F141(4A) A requirement, restriction or other condition specified by the Welsh Ministers in an authorisation given under sub-paragraph (1) may modify [F142regulation 16] (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
F139Sch. 3 para. 6(1) substituted (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(14)(d)(i)
F140Sch. 3 para. 6(2) omitted (17.5.2021 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 10) Regulations 2021 (S.I. 2021/583), regs. 1(2), 2(14)(d)(ii)
F141Sch. 3 para. 6(4A) inserted (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(14)(d)(iii)
F142Words in Sch. 3 para. 6(4A) 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(24)
7.—(1) A person responsible for carrying on a business which is listed in paragraphs 11 to 13 (food and drink businesses) must close to members of the public any part of its premises which is indoors and used for the consumption of food or drink.
(2) Sub-paragraph (1) does not prevent—
(a)the use of premises for—
(i)the sale of food and drink for consumption off the premises, or
(ii)services providing food or drink to homeless people;
(b)the provision of room service at a hotel or other accommodation (where the hotel or other accommodation continues to operate in accordance with the exceptions allowed by paragraph 8);
(c)a workplace canteen from being open where there is no practical alternative for staff at that workplace to obtain food or drink;
(d)the use of premises for any purpose as may be requested or authorised by the Welsh Ministers or a local authority;
(e)the carrying out of maintenance and repairs or other work to ensure premises are suitable for use when sub-paragraph (1) no longer applies to the premises.
(3) Sub-paragraph (1) does not apply to—
(a)cafés and canteens at a hospital, care home, school or within accommodation provided for students;
(b)canteens at a prison or an establishment intended for use for naval, military or air force purposes or for the purposes of the Department of the Secretary of State responsible for defence.
(4) For the purposes of sub-paragraph (1), an indoor 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.
(5) 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.
8.—(1) A person responsible for carrying on a business which is listed in paragraphs 14 to 17 (holiday or travel accommodation) must—
(a)close to members of the public any premises operated as part of the business, and
(b)not carry on business at such premises otherwise than in accordance with this paragraph.
(2) But sub-paragraph (1) does not prevent the use of premises for the provision of accommodation—
(a)in a camping site or holiday site, provided that the only shared facilities used by guests at the camping site or holiday site are water points and waste disposal points, or
(b)in separate and self-contained premises.
(3) And 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 provision of accommodation for any persons staying in that accommodation when this paragraph most recently began to apply to the area in which the accommodation is situated and who—
(i)are unable to return to their main residence, or
(ii)are using the accommodation as their main residence;
(d)the use of premises to carry on the business by providing information or other services—
(i)through a website, or otherwise by on-line communication,
(ii)by telephone, including enquiries by text message, or
(iii)by post.
(4) Premises are separate and self-contained for the purposes of this paragraph only if—
(a)they are provided for persons who are members of the same household or extended household, and
(b)none of the following are shared with the members of any other household—
(i)kitchens,
(ii)sleeping areas,
(iii)bathrooms, or
(iv)indoor communal areas.
(5) In this paragraph—
(a)a reception area is not to be treated as a shared facility for the purposes of sub-paragraph (2)(a);
(b)“communal areas” includes any area of the premises that is open to the public, but does not include a reception area or corridors, lifts and staircases used to access other parts of the premises.
(6) 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.
9.—(1) A person responsible for carrying on a business or providing a service which is listed in paragraphs 18 to 35 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 paragraph.
(2) In its application to a business or service listed in paragraphs 27 (funfairs, amusement parks and theme parks), 28 (holiday, leisure activity or events businesses), 29 (museums and galleries), 32 (trampoline parks and centres), F143... 34 (venues for events or conferences (including venues for weddings)) and 35 (visitor attractions), sub-paragraph (1) does not apply to—
(a)a public outdoor area of the premises, or
(b)a public indoor area of the premises where it is necessary for the indoor area to be open—
(i)to allow access to a public outdoors area,
(ii)for health and safety reasons, or
(iii)to ensure that the requirements in Part 4 of these Regulations are complied with in relation to the premises.
(3) 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;
(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.
[F144(4) Despite sub-paragraph (1), a person responsible for carrying on a business or providing a service listed in paragraph 28 (holiday, leisure activity or events businesses) may open the indoor areas of its premises to the public, but only for the purposes of facilitating [F145a regulated gathering] 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).]
(5) 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
F143Words in Sch. 3 para. 9(2) omitted (3.5.2021 immediately before the start of the day) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 9) Regulations 2021 (S.I. 2021/542), regs. 1(2), 2(5)(b)(i)
F144Sch. 3 para. 9(4) substituted (3.5.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 9) Regulations 2021 (S.I. 2021/542), regs. 1(2), 2(5)(b)(ii)
F145Words in Sch. 3 para. 9(4) substituted (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(14)(e)
10. Despite the preceding provisions of this Part—
(a)premises used as a venue for the solemnisation of a marriage, formation of civil partnership or alternative wedding ceremony, or the celebration of such an event, may open to the public—
(i)to the extent that this is required for the purposes of the solemnisation of a marriage, formation of civil partnership or alternative wedding ceremony at the premises, or the celebration of such an event at the premises;
(ii)for the purposes of enabling a person to visit the premises, by appointment, with a view to booking the premises for the solemnisation of a marriage, formation of civil partnership or alternative wedding ceremony, or for the celebration of such an event;
(b)premises used as a venue for the celebration of the life of a deceased person may open to the public to the extent that this is required for such a celebration at the premises.]
Textual Amendments
F146Sch. 3 para. 10 substituted (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(14)(f)
11. Bars (including bars in members’ clubs).E+W
12. Public houses.E+W
13. Cafes, canteens and restaurants (including workplace canteens and dining rooms in members’ clubs).E+W
14. Camping sites.E+W
15. Holiday sites.E+W
16. Hotels and bed and breakfast accommodation.E+W
17. Other holiday accommodation (including holiday apartments, hostels and boarding houses).E+W
18. 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.E+W
19. Sexual entertainment venues (within the meaning given by paragraph 2A of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982).E+W
20. Cinemas, other than drive in cinemas.E+W
21. Concert halls and theatres, other than drive in theatres.E+W
22. Casinos.E+W
23. Bingo halls.E+W
24. Amusement arcades.E+W
25. Bowling alleys.E+W
26. Indoor play centres or areas.E+W
27. Funfairs, amusement parks and theme parks.E+W
28. Holiday, leisure activity or events businesses.E+W
29. Museums and galleries.E+W
30. Ice skating rinks.E+W
31. Trampoline parks and centres.E+W
32. Indoor skate parks and centres.E+W
[F14733. Steam rooms.]E+W
Textual Amendments
F147Sch. 3 para. 33 substituted (3.5.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 9) Regulations 2021 (S.I. 2021/542), regs. 1(2), 2(5)(c)
34. Venues for events or conferences (including venues for weddings).E+W
35. Visitor attractions.]E+W
Regulation 4(6A)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F148Sch. 3A omitted (3.5.2021 immediately before the start of the day) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 9) Regulations 2021 (S.I. 2021/542), regs. 1(2), 2(6)
Regulation 4(5)
1.—(1) No person may, without a reasonable excuse, leave the place where they are living or remain away from that place.
(2) For the purposes of sub-paragraph (1), a person has a reasonable excuse if—
(a)the person leaves or remains away from the place where they are living 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 leave or remain away from the place where they are living include—
(a)obtaining supplies from a business or service listed in paragraphs 55 to 66 , including—
(i)food and medical supplies for those in the same household or extended household (including animals in the household or extended household) or for vulnerable persons;
(ii)supplies for the essential upkeep, maintenance and functioning of the household or extended household, or the household of a vulnerable person;
(b)obtaining or providing medical assistance, or accessing veterinary services;
(c)working or providing voluntary or charitable services;
(d)meeting a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings;
(e)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;
(f)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;
(g)moving home;
(h)obtaining money from or depositing money with any business or service listed in paragraph 39(g) of Schedule 7;
(i)viewing a property in connection with the purchase, sale, letting or rental of the property;
(j)undertaking activities in connection with the purchase, sale, letting or rental of residential property;
(k)accessing or receiving public services;
(l)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)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)attending a place of worship;
(f)exercising, either—
(i)alone,
(ii)with other members of the person's household or extended household, F149...
(iii)with the person's carer [F150, or]
[F151(iv)with 1 other person who is not a member of the person’s household or extended household or the person’s carer, and any children under the age of 11 who are members of either person’s household;]
(g)an elite athlete and is training or competing;
(h)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;
(i)travelling to vote in an election;
(j)travelling to or from, or is present at, a place where a member of their extended household is living.
(5) In sub-paragraph (4)(f)—
(a)exercise must start and finish at the place where the person is living or where a member of the person's extended household is living, or
(b)where, for reasons of physical or mental illness or impairment, or a disability (within the meaning of section 6 of the Equality Act 2010), the person needs to exercise in another place, exercise must take place in an area local to the place where the person is living.
(6) This paragraph does not apply to a person who is homeless.
Textual Amendments
F149Word in Sch. 4 para. 1(4)(f)(ii) omitted (17.5.2021 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 10) Regulations 2021 (S.I. 2021/583), regs. 1(2), 2(15)(a)(i)
F150Word in Sch. 4 para. 1(4)(f)(iii) substituted (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(15)(a)(ii)
F151Sch. 4 para. 1(4)(f)(iv) inserted (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(15)(a)(iii)
Commencement Information
I17Sch. 4 para. 1 in force at 20.12.2020, see reg. 1(3)
2.—(1) No person may, without a reasonable excuse, gather with any other person apart from—
(a)members of their household,
(b)their carer, or
(c)a person they are providing care to.
(2) For the purposes of sub-paragraph (1), a person has a reasonable excuse if—
(a)the person is gathering with other people 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, 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 sub-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)viewing a property in connection with the purchase, sale, letting or rental of the property;
(h)undertaking activities in connection with the purchase, sale, letting or rental of residential property;
(i)accessing or receiving public services;
(j)accessing or receiving educational services;
(k)avoiding illness, injury or other risk of harm.
(4) The circumstances referred to in sub-paragraph (2)(b) are that the person is—
(a)providing or receiving emergency assistance;
(b)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 wedding,
(ii)if invited to attend, or
(iii)as the carer of a person attending;
(c)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;
(d)attending a place of worship;
(e)an elite athlete and is training or competing;
(f)providing coaching or other support to an elite athlete, or providing support at an elite sporting event;
(g)participating in a gathering with members of their extended household at a place where members of the extended household are living;
(h)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;
[F152(i)exercising outdoors, except in a private dwelling, with—
(i)members of the person’s extended household, [F153or]
[F154(ii)1 other person and any children under the age of 11 who are members of either person’s household,]
together with any carer of a person participating who is present.]
(5) This paragraph does not apply to a person who is homeless.
Textual Amendments
F152Sch. 4 para. 2(4)(i) 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(6)(b)
F153Word in Sch. 4 para. 2(4)(i)(i) inserted (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(15)(b)(i)
F154Sch. 4 para. 2(4)(i)(ii) inserted (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(15)(b)(ii)
Commencement Information
I18Sch. 4 para. 2 in force at 20.12.2020, see reg. 1(3)
3.—(1) A [F155well-being needs] household and another household may agree to be treated as an extended household.
(2) To agree to be treated as an extended household, all [F156members of the households] must agree.
(3) A household may only agree to be treated as being in 1 extended household [F157at any one time].
(4) Where a [F158well-being needs] household has agreed to be treated as an extended household with up to—
(a)3 other households under paragraph 3 of Schedule 1, or
(b)2 other households under—
(i)paragraph 3 of Schedule 2, or
(ii)paragraph 3 of Schedule 3,
[F159(“the previous extended household”),] an agreement under this paragraph may be made only between the [F158well-being needs] household and 1 of those other households [F160unless a period of at least 10 days has expired since any member of the [F158well-being needs] household last participated in a gathering with a member of those households in reliance on being treated as part of the previous extended household].
(5) A household ceases to be treated as [F161part of] an extended household if any F162... member of the household ceases to agree to be treated as [F161part of] the extended household.
[F163(5A) Sub-paragraph (5B) 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.
(5B) Where this sub-paragraph applies—
(a)the agreement required by sub-paragraph (2) 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 (5) if P ceases to agree to be treated as part of the extended household (whether or not the child also ceases to agree).]
(6) If a household ceases to be treated as [F164part of] an extended household, the household may not agree to be treated as [F164part of] an extended household with any other household [F165unless 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].
(7) In this Schedule, references to an extended household are references to an extended household formed under or by virtue of this paragraph.
[F166(8) 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
F155Words in Sch. 4 para. 3(1) substituted (27.2.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 4) Regulations 2021 (S.I. 2021/210), regs. 1(2), 2(9)(a)
F156Words in Sch. 4 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(7)(a)(i)
F157Words in Sch. 4 para. 3(3) 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(6)(c)(i)
F158Words in Sch. 4 para. 3(4) substituted (27.2.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 4) Regulations 2021 (S.I. 2021/210), regs. 1(2), 2(9)(a)
F159Words in Sch. 4 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(6)(c)(ii)(aa)
F160Words in Sch. 4 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(6)(c)(ii)(bb)
F161Words in Sch. 4 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(6)(c)(iii)
F162Word in Sch. 4 para. 3(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(7)(a)(ii)
F163Sch. 4 para. 3(5A)(5B) 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(7)(a)(iii)
F164Words in Sch. 4 para. 3(6) 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(6)(c)(iv)(aa)
F165Words in Sch. 4 para. 3(6) 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(6)(c)(iv)(bb)
F166Sch. 4 para. 3(8) inserted (27.2.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 4) Regulations 2021 (S.I. 2021/210), regs. 1(2), 2(9)(b)
Commencement Information
I19Sch. 4 para. 3 in force at 20.12.2020, see reg. 1(3)
4.—[F167(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 30 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.]
[F168(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 2;
(b)an elite sporting 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.]
(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 [F16930 people are present at the event at any time];
[F170(c)where—
(i)a market, or
(ii)a religious service,
is held in premises ordinarily used for that purpose or outdoors, it is not to be treated as an event.]
Textual Amendments
F167Sch. 4 para. 4(1)(1A)substituted for Sch. 4 para. 4(1) (7.6.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 11) Regulations 2021 (S.I. 2021/668), regs. 1(2), 2(9)(a)
F168Sch. 4 para. 4(2) substituted (7.6.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 11) Regulations 2021 (S.I. 2021/668), regs. 1(2), 2(9)(b)
F169Words in Sch. 4 para. 4(3)(b) substituted (7.6.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 11) Regulations 2021 (S.I. 2021/668), regs. 1(2), 2(9)(c)
F170Sch. 4 para. 4(3)(c) substituted (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(15)(c)
Commencement Information
I20Sch. 4 para. 4 in force at 20.12.2020, see reg. 1(3)
5.—(1) The Welsh Ministers may give authorisation in writing for an elite sporting event to be held.
(2) 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.
(3) 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 the event.
(4) The Welsh Ministers may withdraw an authorisation at any time by giving notice in writing to the person to whom the authorisation was given.
(5) An authorisation may be withdrawn under sub-paragraph (4) 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.
Commencement Information
I21Sch. 4 para. 5 in force at 20.12.2020, see reg. 1(3)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F171Sch. 4 Pt. 3 omitted (12.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(17)(a)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F172Sch. 4 Pt. 3A 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(7)(b)
7.—(1) A person responsible for carrying on a business which is listed in paragraphs 12 to 14 (food and drink businesses) must—
(a)close to members of the public any premises operated as part of the business, and
(b)not carry on business at such premises otherwise than in accordance with this paragraph.
(2) Sub-paragraph (1) does not prevent—
(a)the use of premises for—
(i)the sale of food and drink for consumption off the premises, or
(ii)services providing food or drink to homeless people;
(b)the provision of room service at a hotel or other accommodation (where the hotel or other accommodation continues to operate in accordance with the exceptions allowed by paragraph 8);
(c)a workplace canteen from being open where there is no practical alternative for staff at that workplace to obtain food or drink;
(d)the carrying out of maintenance and repairs or other work to ensure premises are suitable for use when sub-paragraph (1) no longer applies to the premises.
(3) For the purposes of sub-paragraph (1), an indoor 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 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.
Commencement Information
I22Sch. 4 para. 7 in force at 20.12.2020, see reg. 1(3)
8.—(1) A person responsible for carrying on a business which is listed in paragraphs 15 to 18 (holiday or travel accommodation) must—
(a)close to members of the public any premises operated as part of the business, and
(b)not carry on business 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 provision of accommodation for any persons staying in that accommodation when this paragraph most recently began to apply to the area in which the accommodation is situated and who—
(i)are unable to return to their main residence, or
(ii)are using the accommodation as their main residence;
(d)the use of premises to carry on the business by providing information or other services—
(i)through a website, or otherwise by on-line communication,
(ii)by telephone, including enquiries 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.
Commencement Information
I23Sch. 4 para. 8 in force at 20.12.2020, see reg. 1(3)
9.—(1) A person responsible for premises that are of a kind listed in [F174paragraph 19] must ensure that the premises are closed to members of the public, except for the uses permitted by [F175sub-paragraph (2)].
(2) A community centre may be open—
(a)to provide essential voluntary services, or
(b)to provide public services upon the request of the Welsh Ministers or a local authority.
F176(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F176(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) In this paragraph, “public services” includes the provision of food banks or other support for homeless or vulnerable people, childcare, blood donation sessions or support in an emergency.
Textual Amendments
F173Words in Sch. 4 para. 9 heading omitted (12.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(17)(b)(i)
F174Words in Sch. 4 para. 9(1) substituted (12.4.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(17)(b)(ii)(aa)
F175Words in Sch. 4 para. 9(1) substituted (12.4.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(17)(b)(ii)(bb)
F176Sch. 4 para. 9(3)(4) omitted (12.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(17)(b)(iii)
Commencement Information
I24Sch. 4 para. 9 in force at 20.12.2020, see reg. 1(3)
10.—(1) A person responsible for carrying on a business or providing a service which is listed in paragraphs 21 to 48 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 paragraph.
(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 for such a broadcast;
(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.
Commencement Information
I25Sch. 4 para. 10 in force at 20.12.2020, see reg. 1(3)
11.—(1) Despite the preceding provisions of this Part, premises operated by businesses or services listed in paragraphs 49 to 66 may continue to be open.
(2) And shopping centres, shopping arcades and markets may be open to the public to the extent that this is required for access to a business or service listed in paragraphs 49 to 66.
(3) A person responsible for premises authorised for the sale or supply of alcohol for consumption off the premises may not sell or supply alcohol between 10.00 p.m. and 6.00 a.m.
(4) Sub-paragraph (3) does not allow the person responsible for the premises to sell or supply alcohol in contravention of an authorisation granted or given in respect of the premises.
Commencement Information
I26Sch. 4 para. 11 in force at 20.12.2020, see reg. 1(3)
Food and drink businesses
12. Bars (including bars in members' clubs).E+W
Commencement Information
I27Sch. 4 para. 12 in force at 20.12.2020, see reg. 1(3)
13. Public houses.E+W
Commencement Information
I28Sch. 4 para. 13 in force at 20.12.2020, see reg. 1(3)
14. Cafes, canteens and restaurants (including workplace canteens and dining rooms in members' clubs).E+W
Holiday or travel accommodation
Commencement Information
I29Sch. 4 para. 14 in force at 20.12.2020, see reg. 1(3)
15. Camping sites.E+W
Commencement Information
I30Sch. 4 para. 15 in force at 20.12.2020, see reg. 1(3)
16. Holiday sites.E+W
Commencement Information
I31Sch. 4 para. 16 in force at 20.12.2020, see reg. 1(3)
17. Hotels and bed and breakfast accommodation;E+W
Commencement Information
I32Sch. 4 para. 17 in force at 20.12.2020, see reg. 1(3)
18. Other holiday accommodation (including holiday apartments, hostels and boarding houses).E+W
Public services etc.
Commencement Information
I33Sch. 4 para. 18 in force at 20.12.2020, see reg. 1(3)
19. Community centres.E+W
Commencement Information
I34Sch. 4 para. 19 in force at 20.12.2020, see reg. 1(3)
F17720. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Textual Amendments
F177Sch. 4 para. 20 omitted (12.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(17)(c)
21. Libraries and archive services.E+W
Personal services etc.
Commencement Information
I35Sch. 4 para. 21 in force at 20.12.2020, see reg. 1(3)
22. Hair salons and barbers.E+W
Commencement Information
I36Sch. 4 para. 22 in force at 20.12.2020, see reg. 1(3)
23. Nail and beauty salons including tanning and electrolysis services.E+W
Commencement Information
I37Sch. 4 para. 23 in force at 20.12.2020, see reg. 1(3)
24. Body piercings and tattooing services.E+W
Leisure and social etc.
Commencement Information
I38Sch. 4 para. 24 in force at 20.12.2020, see reg. 1(3)
25. 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.E+W
Commencement Information
I39Sch. 4 para. 25 in force at 20.12.2020, see reg. 1(3)
26. 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
I40Sch. 4 para. 26 in force at 20.12.2020, see reg. 1(3)
27. Cinemas.E+W
Commencement Information
I41Sch. 4 para. 27 in force at 20.12.2020, see reg. 1(3)
28. Concert halls and theatres.E+W
Commencement Information
I42Sch. 4 para. 28 in force at 20.12.2020, see reg. 1(3)
29. Casinos.E+W
Commencement Information
I43Sch. 4 para. 29 in force at 20.12.2020, see reg. 1(3)
30. Bingo halls.E+W
Commencement Information
I44Sch. 4 para. 30 in force at 20.12.2020, see reg. 1(3)
31. Amusement arcades.E+W
Commencement Information
I45Sch. 4 para. 31 in force at 20.12.2020, see reg. 1(3)
32. Bowling alleys.E+W
Commencement Information
I46Sch. 4 para. 32 in force at 20.12.2020, see reg. 1(3)
33. Indoor play centres or areas.E+W
Commencement Information
I47Sch. 4 para. 33 in force at 20.12.2020, see reg. 1(3)
34. Funfairs, amusement parks and theme parks.E+W
Commencement Information
I48Sch. 4 para. 34 in force at 20.12.2020, see reg. 1(3)
35. Holiday, leisure activity or events businesses.E+W
Commencement Information
I49Sch. 4 para. 35 in force at 20.12.2020, see reg. 1(3)
36. Museums and galleries.E+W
Commencement Information
I50Sch. 4 para. 36 in force at 20.12.2020, see reg. 1(3)
37. [F178Ice skating] rinks.
Textual Amendments
F178Words in Sch. 4 para. 37 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(16)
Commencement Information
I51Sch. 4 para. 37 in force at 20.12.2020, see reg. 1(3)
38. Trampoline parks and centres.E+W
Commencement Information
I52Sch. 4 para. 38 in force at 20.12.2020, see reg. 1(3)
39. Enclosed or indoor skate parks and centres.E+W
Commencement Information
I53Sch. 4 para. 39 in force at 20.12.2020, see reg. 1(3)
40. Spas.E+W
Commencement Information
I54Sch. 4 para. 40 in force at 20.12.2020, see reg. 1(3)
41. Venues for events or conferences (including venues for weddings).E+W
Commencement Information
I55Sch. 4 para. 41 in force at 20.12.2020, see reg. 1(3)
42. Visitor attractions.E+W
Sports and exercise.
Commencement Information
I56Sch. 4 para. 42 in force at 20.12.2020, see reg. 1(3)
43. Sports or exercise facilities, including indoor fitness studios and gyms.E+W
Commencement Information
I57Sch. 4 para. 43 in force at 20.12.2020, see reg. 1(3)
44. Swimming pools.E+W
Commencement Information
I58Sch. 4 para. 44 in force at 20.12.2020, see reg. 1(3)
45. Sports courts, bowling greens, golf courses and enclosed sports grounds or pitches (whether outdoors or indoors).E+W
Retail etc.
Commencement Information
I59Sch. 4 para. 45 in force at 20.12.2020, see reg. 1(3)
46. Any business offering goods or services for sale or hire in retail premises.E+W
Commencement Information
I60Sch. 4 para. 46 in force at 20.12.2020, see reg. 1(3)
47. Shopping centres and shopping arcades.E+W
Commencement Information
I61Sch. 4 para. 47 in force at 20.12.2020, see reg. 1(3)
48. Estate or letting agents [F179and developer sales offices].E+W
Textual Amendments
F179Words in Sch. 4 para. 48 substituted (9.1.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (Wales) Regulations 2021 (S.I. 2021/20), regs. 1(2), 8(7)
Commencement Information
I62Sch. 4 para. 48 in force at 20.12.2020, see reg. 1(3)
Public services etc.
49. Dental services, opticians, audiology services, chiropody, chiropractors, osteopaths, physiotherapy services, acupuncture services and other medical or health services, including services relating to mental health.E+W
Commencement Information
I63Sch. 4 para. 49 in force at 20.12.2020, see reg. 1(3)
50. Hospital libraries and libraries at educational establishments.E+W
Commencement Information
I64Sch. 4 para. 50 in force at 20.12.2020, see reg. 1(3)
51. Funeral directors.E+W
Commencement Information
I65Sch. 4 para. 51 in force at 20.12.2020, see reg. 1(3)
52. Veterinary surgeons.E+W
Food and drink businesses
Commencement Information
I66Sch. 4 para. 52 in force at 20.12.2020, see reg. 1(3)
53. Cafés and canteens at a hospital, care home, school or within accommodation provided for students.E+W
Commencement Information
I67Sch. 4 para. 53 in force at 20.12.2020, see reg. 1(3)
54. Canteens at a prison or an establishment intended for use for naval, military or air force purposes or for the purposes of the Department of the Secretary of State responsible for defence.E+W
Retail etc.
Commencement Information
I68Sch. 4 para. 54 in force at 20.12.2020, see reg. 1(3)
55. Businesses offering the following goods for sale or hire in a shop—E+W
(a)food or drink for consumption off the premises (including food for pets and other domestic animals);
(b)products essential for the storage, preparation or consumption of food or drink;
(c)products for the essential upkeep, maintenance or functioning of the home or a workplace;
(d)pharmaceutical products, health and personal care products, baby products (including clothing), toiletries and cosmetics;
(e)newspapers and magazines;
(f)bicycles and products essential for the use and maintenance of bicycles,
but only for the purposes of selling or hiring those goods.
Commencement Information
I69Sch. 4 para. 55 in force at 20.12.2020, see reg. 1(3)
56. Food markets, convenience stores, corner shops, pet shops, off licences and petrol stations.E+W
Commencement Information
I70Sch. 4 para. 56 in force at 20.12.2020, see reg. 1(3)
57. Supermarkets and other shops that sell multiple types of goods but only for the purposes of—E+W
(a)selling the goods listed in paragraph 55;
(b)selling goods of a type ordinarily sold by any of the businesses listed in paragraph 56;
(c)selling other goods—
(i)where it is not reasonably practicable to separate or demarcate those areas of a shop that ordinarily displays such goods from those areas that display the goods mentioned in paragraphs (a) and (b);
(ii)on an exceptional basis where the goods are required in an emergency or on compassionate grounds.
Commencement Information
I71Sch. 4 para. 57 in force at 20.12.2020, see reg. 1(3)
58. Shops offering maintenance or repair services for telecommunications or information technology devices.E+W
Commencement Information
I72Sch. 4 para. 58 in force at 20.12.2020, see reg. 1(3)
59. Building supplies and hardware stores.E+W
Commencement Information
I73Sch. 4 para. 59 in force at 20.12.2020, see reg. 1(3)
60. Banks, building societies and other financial services providers.E+W
Commencement Information
I74Sch. 4 para. 60 in force at 20.12.2020, see reg. 1(3)
61. Post offices.E+W
Commencement Information
I75Sch. 4 para. 61 in force at 20.12.2020, see reg. 1(3)
62. Car repair and MOT services.E+W
Commencement Information
I76Sch. 4 para. 62 in force at 20.12.2020, see reg. 1(3)
[F18062A. Automatic car washes.]E+W
Textual Amendments
F180Sch. 4 para. 62A 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(6)(d)
63. Livestock markets or auctions.E+W
Commencement Information
I77Sch. 4 para. 63 in force at 20.12.2020, see reg. 1(3)
64. Laundrettes and dry cleaners.E+W
Commencement Information
I78Sch. 4 para. 64 in force at 20.12.2020, see reg. 1(3)
65. Taxi or vehicle hire businesses.E+W
Commencement Information
I79Sch. 4 para. 65 in force at 20.12.2020, see reg. 1(3)
66. Agricultural or aquacultural supplies shops.E+W
Commencement Information
I80Sch. 4 para. 66 in force at 20.12.2020, see reg. 1(3)
Regulation 4(8)
Textual Amendments
F181Sch. 5 heading substituted (27.2.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 4) Regulations 2021 (S.I. 2021/210), regs. 1(2), 2(10)
F182Words in Sch. 5 heading omitted (3.5.2021 immediately before the start of the day) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 9) Regulations 2021 (S.I. 2021/542), regs. 1(2), 2(7)(a)
1. This is the table referred to in regulation 4(8)—E+W
Column 1 | Column 2 | Column 3 |
---|---|---|
Area | Alert Level of Area | |
1 | The whole of Wales | [F183No alert level] |
Textual Amendments
F183Words in Sch. 5 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(25)
Commencement Information
I81Sch. 5 para. 1 in force at 20.12.2020, see reg. 1(3)
F1842. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F184Sch. 5 para. 2 omitted (3.5.2021 immediately before the start of the day) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 9) Regulations 2021 (S.I. 2021/542), regs. 1(2), 2(7)(b)
Regulations 14A and 14B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F185Sch. 5A omitted (17.5.2021 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 10) Regulations 2021 (S.I. 2021/583), regs. 1(2), 2(17)
Regulation 4(7)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F186Sch. 6 omitted (9.1.2021 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (Wales) Regulations 2021 (S.I. 2021/20), regs. 1(2), 8(8)
Regulation 15
Food and drink businesses
Commencement Information
I82Sch. 7 para. wrapper3n2 in force at 20.12.2020, see reg. 1(3)
1. Bars (including bars in members' clubs).E+W
Commencement Information
I83Sch. 7 para. 1 in force at 20.12.2020, see reg. 1(3)
2. Public houses.E+W
Commencement Information
I84Sch. 7 para. 2 in force at 20.12.2020, see reg. 1(3)
3. Cafes, canteens and restaurants (including workplace canteens and dining rooms in members' clubs).E+W
Holiday and travel accommodation
Commencement Information
I85Sch. 7 para. 3 in force at 20.12.2020, see reg. 1(3)
4. Camping sites.E+W
Commencement Information
I86Sch. 7 para. 4 in force at 20.12.2020, see reg. 1(3)
5. Holiday sites.E+W
Commencement Information
I87Sch. 7 para. 5 in force at 20.12.2020, see reg. 1(3)
6. Hotels and bed and breakfast accommodation.E+W
Commencement Information
I88Sch. 7 para. 6 in force at 20.12.2020, see reg. 1(3)
7. Other holiday accommodation (including holiday apartments, hostels and boarding houses).E+W
Public services etc.
Commencement Information
I89Sch. 7 para. 7 in force at 20.12.2020, see reg. 1(3)
8. Medical or health services.E+W
Commencement Information
I90Sch. 7 para. 8 in force at 20.12.2020, see reg. 1(3)
9. Recycling and waste centres.E+W
Commencement Information
I91Sch. 7 para. 9 in force at 20.12.2020, see reg. 1(3)
10. Community centres.E+W
Commencement Information
I92Sch. 7 para. 10 in force at 20.12.2020, see reg. 1(3)
11. Libraries and archive services.E+W
Commencement Information
I93Sch. 7 para. 11 in force at 20.12.2020, see reg. 1(3)
12. Places of worship.E+W
Commencement Information
I94Sch. 7 para. 12 in force at 20.12.2020, see reg. 1(3)
13. Funeral directors.E+W
Commencement Information
I95Sch. 7 para. 13 in force at 20.12.2020, see reg. 1(3)
14. Crematoriums.E+W
Commencement Information
I96Sch. 7 para. 14 in force at 20.12.2020, see reg. 1(3)
15. Veterinary surgeons.E+W
Personal services etc.
Commencement Information
I97Sch. 7 para. 15 in force at 20.12.2020, see reg. 1(3)
16. Hair salons and barbers.E+W
Commencement Information
I98Sch. 7 para. 16 in force at 20.12.2020, see reg. 1(3)
17. Nail and beauty salons including tanning and electrolysis services.E+W
Commencement Information
I99Sch. 7 para. 17 in force at 20.12.2020, see reg. 1(3)
18. Body piercings and tattooing services.E+W
Leisure and social etc.
Commencement Information
I100Sch. 7 para. 18 in force at 20.12.2020, see reg. 1(3)
19. Cinemas.E+W
Commencement Information
I101Sch. 7 para. 19 in force at 20.12.2020, see reg. 1(3)
20. Concert halls and theatres.E+W
Commencement Information
I102Sch. 7 para. 20 in force at 20.12.2020, see reg. 1(3)
21. Casinos.E+W
Commencement Information
I103Sch. 7 para. 21 in force at 20.12.2020, see reg. 1(3)
22. Bingo halls.E+W
Commencement Information
I104Sch. 7 para. 22 in force at 20.12.2020, see reg. 1(3)
23. Amusement arcades.E+W
Commencement Information
I105Sch. 7 para. 23 in force at 20.12.2020, see reg. 1(3)
24. Bowling alleys.E+W
Commencement Information
I106Sch. 7 para. 24 in force at 20.12.2020, see reg. 1(3)
25. Indoor play centres or areas.E+W
Commencement Information
I107Sch. 7 para. 25 in force at 20.12.2020, see reg. 1(3)
26. Playgrounds.E+W
Commencement Information
I108Sch. 7 para. 26 in force at 20.12.2020, see reg. 1(3)
27. Funfairs, amusement parks and theme parks.E+W
Commencement Information
I109Sch. 7 para. 27 in force at 20.12.2020, see reg. 1(3)
28. Holiday, leisure activity or events businesses.E+W
Commencement Information
I110Sch. 7 para. 28 in force at 20.12.2020, see reg. 1(3)
29. Museums and galleries.E+W
Commencement Information
I111Sch. 7 para. 29 in force at 20.12.2020, see reg. 1(3)
30. [F187Ice skating] rinks.
Textual Amendments
F187Words in Sch. 7 para. 30 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(18)
Commencement Information
I112Sch. 7 para. 30 in force at 20.12.2020, see reg. 1(3)
31. Trampoline parks and centres.E+W
Commencement Information
I113Sch. 7 para. 31 in force at 20.12.2020, see reg. 1(3)
32. Indoor skate parks and centres.E+W
Commencement Information
I114Sch. 7 para. 32 in force at 20.12.2020, see reg. 1(3)
33. Spas.E+W
Commencement Information
I115Sch. 7 para. 33 in force at 20.12.2020, see reg. 1(3)
34. Venues for events or conferences (including venues for weddings).E+W
Commencement Information
I116Sch. 7 para. 34 in force at 20.12.2020, see reg. 1(3)
35. Visitor attractions.E+W
Sports and exercise
Commencement Information
I117Sch. 7 para. 35 in force at 20.12.2020, see reg. 1(3)
36. Sports or exercise facilities, including indoor fitness studios and gyms.E+W
Commencement Information
I118Sch. 7 para. 36 in force at 20.12.2020, see reg. 1(3)
37. Swimming pools.E+W
Commencement Information
I119Sch. 7 para. 37 in force at 20.12.2020, see reg. 1(3)
38. Sports courts, bowling greens, golf courses and enclosed sports grounds or pitches (whether outdoors or indoors).E+W
Retail etc.
Commencement Information
I120Sch. 7 para. 38 in force at 20.12.2020, see reg. 1(3)
39. Any business offering goods or services for sale or hire in retail premises, including—E+W
(a)auction houses;
(b)car dealerships;
(c)markets;
(d)betting shops;
(e)garden centres and plant nurseries;
(f)pharmacies (including non-dispensing pharmacies) and chemists;
(g)banks, building societies and other financial services providers;
(h)post offices;
(i)car repair and MOT services;
(j)livestock markets or auctions;
(k)laundrettes and dry cleaners;
(l)petrol stations;
(m)taxi or vehicle hire businesses.
Commencement Information
I121Sch. 7 para. 39 in force at 20.12.2020, see reg. 1(3)
40. Shopping centres and shopping arcades.E+W
Commencement Information
I122Sch. 7 para. 40 in force at 20.12.2020, see reg. 1(3)
41. Storage and distribution facilities, including delivery drop off points.E+W
Commencement Information
I123Sch. 7 para. 41 in force at 20.12.2020, see reg. 1(3)
42. Estate or letting agents, developer sales offices and show homes.E+W
Commencement Information
I124Sch. 7 para. 42 in force at 20.12.2020, see reg. 1(3)
Regulation 26
1.—(1) An enforcement officer may issue a notice (a “premises improvement notice”) to a responsible person if the officer considers that—
(a)the person is not complying with the obligations imposed on the person by regulation 16 [F188or 16A] F189..., and
(b)the measures specified in the notice are necessary and proportionate in order to ensure that the person complies with those obligations.
(2) A premises improvement notice must—
(a)specify the premises to which it relates;
(b)specify the measures it requires to be taken in order to ensure that the person complies with the obligations imposed by regulation 16 [F190or 16A] F191...;
(c)specify a time limit within which the measures must be taken (which must not be less than 48 hours beginning with the time the notice is issued);
(d)give details of the right of appeal conferred by paragraph 5.
(3) In this Schedule, “responsible person” has the meaning given by regulation 15(2).
Textual Amendments
F188Words in Sch. 8 para. 1(1)(a) inserted (11.10.2021 at 7.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 17) Regulations 2021 (S.I. 2021/1119), regs. 1(2), 2(8)(a)(i)
F189Words in Sch. 8 para. 1(1)(a) 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(26)(a)(i)
F190Words in Sch. 8 para. 1(2)(b) inserted (11.10.2021 at 7.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 17) Regulations 2021 (S.I. 2021/1119), regs. 1(2), 2(8)(a)(ii)
F191Words in Sch. 8 para. 1(2)(b) 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(26)(a)(ii)
Commencement Information
I125Sch. 8 para. 1 in force at 20.12.2020, see reg. 1(3)
2.—(1) If either condition 1 or condition 2 is satisfied, an enforcement officer may issue a notice (a “premises closure notice”) to a responsible person requiring the premises, or part of the premises, to be closed.
(2) Condition 1 is—
(a)a premises improvement notice has been issued to the person,
(b)the enforcement officer considers that the person has failed to take the measures specified in the premises improvement notice within the specified time limit, and
(c)the officer considers that the closure of the premises, or part of the premises, is necessary and proportionate for the purpose of minimising the risk of exposure to coronavirus.
(3) Condition 2 is that the enforcement officer considers that—
(a)the person is not complying with the obligations imposed on the person by regulation 16 [F192or 16A] F193..., and
(b)the closure of the premises, or part of the premises, (without a premises improvement notice having been issued) is necessary and proportionate for the purpose of minimising the risk of exposure to coronavirus.
(4) A premises closure notice must—
(a)contain a description of the premises to be closed,
(b)where a premises improvement notice has been issued, set out the measures that the enforcement officer considers—
(i)have not been taken, and
(ii)must be taken in order to ensure that the responsible person complies with the obligations imposed by regulation 16 [F194or 16A] F195...,
(c)where a premises improvement notice has not been issued, set out the reasons why the enforcement officer considers that the person is not complying with the obligations imposed by regulation 16 [F196or 16A] F197...,
(d)in either case, set out the reasons why the enforcement officer considers that closure of the premises is necessary and proportionate for the purpose of minimising the risk of exposure to coronavirus,
(e)specify the period for which the notice has effect, and
(f)give details of the right of appeal conferred by paragraph 5.
(5) The period specified under sub-paragraph (4)(e) may not be more than 672 hours (28 days) beginning with the time the notice is issued.
(6) A premises closure notice has effect from the time at which it is issued or from a later time specified in the notice.
(7) A premises closure notice may not be issued in relation to premises which form part of critical infrastructure (for example, premises used to generate electricity or supply water) or which are used to provide essential public services.
(8) Where—
(a)an enforcement officer considers that a responsible person has failed to take the measures specified in a premises improvement notice within the specified time limit, and
(b)either—
(i)a fixed penalty notice has been issued, or
(ii)proceedings have been brought for an offence,
in relation to that failure,
the enforcement officer may nevertheless issue a premises closure notice under sub-paragraph (1).
Textual Amendments
F192Words in Sch. 8 para. 2(3)(a) inserted (11.10.2021 at 7.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 17) Regulations 2021 (S.I. 2021/1119), regs. 1(2), 2(8)(b)(i)
F193Words in Sch. 8 para. 2(3)(a) 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(26)(b)(i)
F194Words in Sch. 8 para. 2(4)(b)(ii) inserted (11.10.2021 at 7.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 17) Regulations 2021 (S.I. 2021/1119), regs. 1(2), 2(8)(b)(ii)
F195Words in Sch. 8 para. 2(4)(b)(ii) 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(26)(b)(ii)
F196Words in Sch. 8 para. 2(4)(c) inserted (11.10.2021 at 7.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 17) Regulations 2021 (S.I. 2021/1119), regs. 1(2), 2(8)(b)(iii)
F197Words in Sch. 8 para. 2(4)(c) 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(26)(b)(iii)
Commencement Information
I126Sch. 8 para. 2 in force at 20.12.2020, see reg. 1(3)
3.—(1) As soon as is reasonably practicable after a premises closure notice takes effect, the person to whom it is issued must ensure that—
(a)the premises to which the notice relates are closed, and
(b)no business is carried on or service is provided on, or from, the premises.
(2) No person may enter, or be on, premises closed under sub-paragraph (1) without a reasonable excuse.
(3) For the purposes of sub-paragraph (2), the circumstances in which a person has a reasonable excuse include where—
(a)the person lives on the premises;
(b)the person is carrying out essential maintenance or repairs;
(c)the person is doing things necessary to ensure that regulation 16 [F198or 16A] F199... can be complied with when the premises are allowed to be open;
(d)the person is an enforcement officer or a person assisting an enforcement officer;
(e)it is necessary for the person to be on the premises to avoid injury or illness or escape a risk of harm.
Textual Amendments
F198Words in Sch. 8 para. 3(3)(c) inserted (11.10.2021 at 7.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 17) Regulations 2021 (S.I. 2021/1119), regs. 1(2), 2(8)(c)
F199Words in Sch. 8 para. 3(3)(c) 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(26)(c)
Commencement Information
I127Sch. 8 para. 3 in force at 20.12.2020, see reg. 1(3)
4.—(1) An enforcement officer may issue a notice terminating a premises improvement notice or a premises closure notice if satisfied that—
(a)the measures specified in the premises improvement notice (if one was issued) have been taken, or
(b)other measures have been taken to ensure that regulation 16 [F200or 16A] F201... can be complied with at the premises in question.
(2) A premises improvement notice or premises closure notice ceases to have effect at the time notice of the termination is issued.
Textual Amendments
F200Words in Sch. 8 para. 4(1)(b) inserted (11.10.2021 at 7.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 17) Regulations 2021 (S.I. 2021/1119), regs. 1(2), 2(8)(d)
F201Words in Sch. 8 para. 4(1)(b) 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(26)(d)
Commencement Information
I128Sch. 8 para. 4 in force at 20.12.2020, see reg. 1(3)
5.—(1) A person to whom a premises improvement notice or premises closure notice is issued may appeal to a magistrates' court against the notice.
(2) An appeal must be made—
(a)by way of complaint for an order, and in accordance with the Magistrates' Courts Act 1980, and
(b)within 7 days after the day the notice is issued.
(3) But a magistrates' court may allow an appeal to be made after the expiry of the period mentioned in sub-paragraph (2)(b) if satisfied that there is a good reason for the failure to appeal before the expiry of that period (and for any delay in applying for permission to appeal out of time).
(4) A magistrates' court may suspend the effect of a premises improvement notice or premises closure notice pending the determination of an appeal.
(5) On an appeal against a premises improvement notice or premises closure notice, a magistrates' court may—
(a)confirm the decision to issue the notice;
(b)direct that the notice is to cease to have effect;
(c)modify the notice;
(d)make such other order as the court considers appropriate.
(6) If the magistrates' court directs that a notice is to cease to have effect or modifies a notice, it may order the local authority for the area in which the premises in question are situated to pay compensation for loss suffered as the result of the issue of the notice.
(7) An appeal by either party against the decision of a magistrates' court on an appeal under this section may be brought to the Crown Court.
(8) On an appeal to the Crown Court, the Court may—
(a)confirm, vary or reverse the decision of the magistrates court;
(b)remit the case to the magistrates' court to dispose of in accordance with directions given by the Crown Court.
Commencement Information
I129Sch. 8 para. 5 in force at 20.12.2020, see reg. 1(3)
6.—(1) A premises improvement notice, premises closure notice or a termination of either of those types of notice is issued to a person by giving a copy of it in writing to that person.
(2) But where the person responsible for the premises to which the notice or termination relates is not on the premises when it is to be issued, the notice is to be treated as having been issued to that person if—
(a)a copy of it is given to any other person on the premises who appears to be responsible for any business or service being carried out on the premises, or
(b)if there is no such person on the premises when the notice is to be issued, a copy of the notice is placed in a conspicuous position on the premises.
Commencement Information
I130Sch. 8 para. 6 in force at 20.12.2020, see reg. 1(3)
7.—(1) This regulation applies where an enforcement officer has issued a premises improvement notice or a premises closure notice.
[F202(2) As soon as reasonably practicable after issuing the notice, the enforcement officer must—
(a)display in a prominent place near every entrance to the premises—
(i)a copy of the notice, or information about where the notice can be found, and
(ii)a sign in the form set out in Schedule 9;
(b)arrange for the notice to be published on the website of the local authority for the area in which the premises are located.]
(3) A F203... sign displayed under sub-paragraph (2)(a) must be at least A4 size.
[F204(4) The following must continue to be displayed or published (as the case may be) in accordance with sub-paragraph (2) for as long as the notice has effect—
(a)the copy of the notice or the information about where the notice can be found;
(b)the sign.]
Textual Amendments
F202Sch. 8 para. 7(2) 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(19)(a)
F203Words in Sch. 8 para. 7(3) 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(19)(b)
F204Sch. 8 para. 7(4) 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(19)(c)
Commencement Information
I131Sch. 8 para. 7 in force at 20.12.2020, see reg. 1(3)
8.—(1) An enforcement officer may, to facilitate the exercise of a power conferred on the officer by this Schedule, require the production of, inspect and take copies of, any documents or electronic records.
(2) A person may not be required under sub-paragraph (1) to provide a document, record or other information in respect of which a claim for legal professional privilege could be maintained in legal proceedings.
Commencement Information
I132Sch. 8 para. 8 in force at 20.12.2020, see reg. 1(3)
Regulation 26
1.—[F205(1) A sign to be displayed under paragraph 7(2)(a)(ii) in conjunction with the issue of a premises improvement notice must be in the form set out below.]E+W
(2) The colours used in the sign must be white, black and amber C0 M60 Y100 K0.
Textual Amendments
F205Sch. 9 para. 1(1) 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(20)(a)
Commencement Information
I133Sch. 9 para. 1 in force at 20.12.2020, see reg. 1(3)
2.—[F206(1) A sign to be displayed under paragraph 7(2)(a)(ii) in conjunction with the issue of a premises closure notice must be in the form set out below.]E+W
(2) The colours used in the sign must be white, black and red C15 M100 Y100 K0.
Textual Amendments
F206Sch. 9 para. 2(1) 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(20)(b)
Commencement Information
I134Sch. 9 para. 2 in force at 20.12.2020, see reg. 1(3)
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