The Health Protection (Coronavirus Restrictions) (Wales) (Amendment) (No. 2) Regulations 2020

Enforcement

5.—(1) Regulation 10 of the principal Regulations is amended as follows.

(2) In paragraph (1)—

(a) omit “reasonably believes that”;

(b) in sub-paragraph (a)—

(i) at the beginning insert “has reasonable grounds for suspecting that”;

(ii) after “4,” insert “5(3C),”;

(c) in sub-paragraph (b), at the beginning insert “considers”.

(3) In paragraph (2), for “considers” substitute “has reasonable grounds for suspecting”.

(4) For paragraph (3) substitute—

“(3) A relevant person may—

(a) when exercising the power in paragraph (2)(a) or (b), direct P to follow such instructions as the relevant person considers necessary;

(b) use reasonable force in the exercise of the power in paragraph (2)(b).”

(5) In paragraph (5), for “purpose of paragraph (4)” substitute “purposes of this regulation”.

(6) In paragraph (7), for “considers” substitute “has reasonable grounds for suspecting”.

(7) For paragraph (8) substitute—

“(8) A relevant person exercising the power in paragraph (7)—

(a) to direct a gathering to disperse, or

(b) to remove a person to the place where they are living,

may use reasonable force, if necessary, in exercise of the power.

(8A) Where a relevant person has reasonable grounds to suspect that a person (“P”) is in a gathering in contravention of regulation 8(5) and is a child accompanied by an individual (“I”) who has responsibility for P—

(a) the relevant person may direct I to take P to the place where P is living, and

(b) I must, so far as reasonably practicable, ensure that P complies with any direction or instruction given by the relevant person to P.

(8B) A relevant person may only exercise a power in paragraph (7) or (8A) if the relevant person considers that it is necessary and proportionate to do so.”

(8) In paragraph (9)—

(a) for “A” substitute “If a relevant person considers it necessary and proportionate for the purposes of preventing, or terminating, a contravention of regulation 9(4), the”;

(b) after “force” insert “, if necessary,”.

(9) In paragraph (12), after “4,” insert “5(3C),”.