Version Superseded: 27/09/2020
Point in time view as at 26/09/2020.
There are currently no known outstanding effects for the The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020 (revoked).
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Regulation 6
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 1 omitted (3.8.2020) by virtue of The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/820), regs. 1, 2(13) (with reg. 3)
Regulation 7
F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Textual Amendments
F2Sch. 2 para. 1 omitted (27.7.2020) by virtue of The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/803), regs. 1(4), 3(13)(a) (with reg. 4)
2. Theatres.E+W
Commencement Information
I1Sch. 2 para. 2 in force at 13.7.2020, see reg. 1(4)
[F33. Venues [F4authorised to be used for the supply of alcohol by a premises licence or club premises certificate (within the meaning given by the Licensing Act 2003] where live or recorded music is provided for members of the public or members of the venue to dance.]E+W
Textual Amendments
F3 Sch. 2 paras. 3, 3A substituted for Sch. 2 para. 3 (3.8.2020) by The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/820), regs. 1, 2(14)(a) (with reg. 3)
F4Words in Sch. 2 para. 3 inserted (10.8.2020) by The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 4) Regulations 2020 (S.I. 2020/843), regs. 1, 2(13)(a) (with reg. 3)
Commencement Information
I2Sch. 2 para. 3 in force at 13.7.2020, see reg. 1(4)
[F33A. Sexual entertainment venues (within the meaning given by paragraph 2A of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982).]E+W
Textual Amendments
F3 Sch. 2 paras. 3, 3A substituted for Sch. 2 para. 3 (3.8.2020) by The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/820), regs. 1, 2(14)(a) (with reg. 3)
F54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Textual Amendments
F5Sch. 2 para. 4 omitted (3.8.2020) by virtue of The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/820), regs. 1, 2(14)(b) (with reg. 3)
5. Concert halls.E+W
Commencement Information
I3Sch. 2 para. 5 in force at 13.7.2020, see reg. 1(4)
F66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Textual Amendments
F6Sch. 2 para. 6 omitted (28.8.2020 at 12.01 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 7) Regulations 2020 (S.I. 2020/912), regs. 1, 2(11) (with reg. 3)
F77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Textual Amendments
F7Sch. 2 para. 7 omitted (27.7.2020) by virtue of The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/803), regs. 1(4), 3(13)(a) (with reg. 4)
F88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Textual Amendments
F8Sch. 2 para. 8 omitted (27.7.2020) by virtue of The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/803), regs. 1(4), 3(13)(a) (with reg. 4)
F99. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Textual Amendments
F9Sch. 2 para. 9 omitted (27.7.2020) by virtue of The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/803), regs. 1(4), 3(13)(a) (with reg. 4)
10. Skating rinks.E+W
Commencement Information
I4Sch. 2 para. 10 in force at 13.7.2020, see reg. 1(4)
F1011. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Textual Amendments
F10Sch. 2 paras. 11-13 omitted (10.8.2020) by virtue of The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 4) Regulations 2020 (S.I. 2020/843), regs. 1, 2(13)(b) (with reg. 3)
Commencement Information
I5Sch. 2 para. 11 in force at 13.7.2020, see reg. 1(4)
F1012. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Textual Amendments
F10Sch. 2 paras. 11-13 omitted (10.8.2020) by virtue of The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 4) Regulations 2020 (S.I. 2020/843), regs. 1, 2(13)(b) (with reg. 3)
Commencement Information
I6Sch. 2 para. 12 in force at 13.7.2020, see reg. 1(4)
F1013. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Textual Amendments
F10Sch. 2 paras. 11-13 omitted (10.8.2020) by virtue of The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 4) Regulations 2020 (S.I. 2020/843), regs. 1, 2(13)(b) (with reg. 3)
Commencement Information
I7Sch. 2 para. 13 in force at 13.7.2020, see reg. 1(4)
F1114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Textual Amendments
F11Sch. 2 para. 14 omitted (27.7.2020) by virtue of The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/803), regs. 1(4), 3(13)(c) (with reg. 4)
F1215. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Textual Amendments
F12Sch. 2 para. 15 omitted (25.7.2020) by virtue of The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/803), regs. 1(3), 2(11) (with reg. 4)
F1316. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Textual Amendments
F13Sch. 2 para. 16 omitted (20.7.2020) by virtue of The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) Regulations 2020 (S.I. 2020/752), regs. 1, 2(3) (with reg. 3)
F1417. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Textual Amendments
F14Sch. 2 para. 17 omitted (20.7.2020) by virtue of The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) Regulations 2020 (S.I. 2020/752), regs. 1, 2(3) (with reg. 3)
F1518. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Textual Amendments
F15Sch. 2 para. 18 omitted (3.8.2020) by virtue of The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/820), regs. 1, 2(14)(d) (with reg. 3)
Regulation 8
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F16Sch. 3 omitted (25.7.2020) by virtue of The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/803), regs. 1(3), 2(12) (with reg. 4)
Regulation 12
1. Any business selling goods or services for sale or hire in a shop.E+W
Commencement Information
I8Sch. 4 para. 1 in force at 13.7.2020, see reg. 1(4)
2. Pharmacies (including non-dispensing pharmacies) and chemists.E+W
Commencement Information
I9Sch. 4 para. 2 in force at 13.7.2020, see reg. 1(4)
3. Petrol stations.E+W
Commencement Information
I10Sch. 4 para. 3 in force at 13.7.2020, see reg. 1(4)
4. Car repair and MOT services.E+W
Commencement Information
I11Sch. 4 para. 4 in force at 13.7.2020, see reg. 1(4)
5. Taxi or vehicle hire businesses.E+W
Commencement Information
I12Sch. 4 para. 5 in force at 13.7.2020, see reg. 1(4)
6. Banks, building societies, credit unions, short term loan providers, savings clubs, cash points and undertakings which by way of business operate currency exchange offices, transmit money (or any representation of money) by any means or cash cheques which are made payable to customers.E+W
Commencement Information
I13Sch. 4 para. 6 in force at 13.7.2020, see reg. 1(4)
7. Post offices.E+W
Commencement Information
I14Sch. 4 para. 7 in force at 13.7.2020, see reg. 1(4)
8. Funeral directors.E+W
Commencement Information
I15Sch. 4 para. 8 in force at 13.7.2020, see reg. 1(4)
9. Laundrettes and dry cleaners.E+W
Commencement Information
I16Sch. 4 para. 9 in force at 13.7.2020, see reg. 1(4)
10. Dental services, opticians, audiology services, chiropody, chiropractors, osteopaths and other medical or health services, including services relating to mental health.E+W
Commencement Information
I17Sch. 4 para. 10 in force at 13.7.2020, see reg. 1(4)
11. Veterinary surgeons and pet shops.E+W
Commencement Information
I18Sch. 4 para. 11 in force at 13.7.2020, see reg. 1(4)
12. Livestock markets or auctions.E+W
Commencement Information
I19Sch. 4 para. 12 in force at 13.7.2020, see reg. 1(4)
13. Storage and distribution facilities, including delivery drop off points.E+W
Commencement Information
I20Sch. 4 para. 13 in force at 13.7.2020, see reg. 1(4)
14. Car parks.E+W
Commencement Information
I21Sch. 4 para. 14 in force at 13.7.2020, see reg. 1(4)
15. Public toilets.E+W
Commencement Information
I22Sch. 4 para. 15 in force at 13.7.2020, see reg. 1(4)
16. Libraries.E+W
Commencement Information
I23Sch. 4 para. 16 in force at 13.7.2020, see reg. 1(4)
17. Estate or letting agents, developer sales offices and show homes.E+W
Commencement Information
I24Sch. 4 para. 17 in force at 13.7.2020, see reg. 1(4)
18. Car dealerships.E+W
Commencement Information
I25Sch. 4 para. 18 in force at 13.7.2020, see reg. 1(4)
19. Outdoor markets.E+W
Commencement Information
I26Sch. 4 para. 19 in force at 13.7.2020, see reg. 1(4)
20. Betting shops.E+W
Commencement Information
I27Sch. 4 para. 20 in force at 13.7.2020, see reg. 1(4)
21. Indoor shopping centres and indoor shopping arcades.E+W
Commencement Information
I28Sch. 4 para. 21 in force at 13.7.2020, see reg. 1(4)
[F1722. Cinemas.]E+W
Textual Amendments
F17Sch. 4 para. 22 substituted (27.7.2020) by The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/803), regs. 1(4), 3(14)(a) (with reg. 4)
Commencement Information
I29Sch. 4 para. 22 in force at 13.7.2020, see reg. 1(4)
23. Hair salons and barbers.E+W
Commencement Information
I30Sch. 4 para. 23 in force at 13.7.2020, see reg. 1(4)
24. Visitor attractions F18....E+W
Textual Amendments
F18Words in Sch. 4 para. 24 omitted (25.7.2020) by virtue of The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/803), regs. 1(3), 2(13)(a) (with reg. 4)
Commencement Information
I31Sch. 4 para. 24 in force at 13.7.2020, see reg. 1(4)
[F1925. Funfairs.E+W
Textual Amendments
F19Sch. 4 paras. 25, 26 inserted (20.7.2020) by The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) Regulations 2020 (S.I. 2020/752), regs. 1, 2(4) (with reg. 3)
26. Playgrounds and outdoor gyms.]E+W
Textual Amendments
F19Sch. 4 paras. 25, 26 inserted (20.7.2020) by The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) Regulations 2020 (S.I. 2020/752), regs. 1, 2(4) (with reg. 3)
[F2027.—(1) Holiday sites.E+W
(2) In this paragraph, a “holiday site” means any land in Wales on which a mobile home or caravan is stationed for the purposes of human habitation (including any land in Wales used in conjunction with that land), in respect of which the relevant planning permission or the site licence for the land—
(a)is expressed to be granted for holiday use only, or
(b)requires that there are times of the year when no mobile home or caravan may be stationed on the site for human habitation.
(3) For the purpose of determining whether or not a site is a holiday site, any provision of the relevant planning permission or of the site licence which permits the stationing of a mobile home on the land for human habitation all year round is to be ignored if the mobile home is authorised to be occupied by—
(a)the person who is the owner of the site, or
(b)a person employed by that person but who does not occupy the mobile home under an agreement to which Part 4 of the Mobile Homes (Wales) Act 2013 applies.
Textual Amendments
F20Sch. 4 paras. 27-30 inserted (25.7.2020) by The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/803), regs. 1(3), 2(13)(b) (with reg. 4)
28. Camping sites.E+W
Textual Amendments
F20Sch. 4 paras. 27-30 inserted (25.7.2020) by The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/803), regs. 1(3), 2(13)(b) (with reg. 4)
29. Hotels and bed and breakfast accommodation.E+W
Textual Amendments
F20Sch. 4 paras. 27-30 inserted (25.7.2020) by The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/803), regs. 1(3), 2(13)(b) (with reg. 4)
30. Other holiday accommodation (including holiday apartments, hostels and boarding houses).]E+W
Textual Amendments
F20Sch. 4 paras. 27-30 inserted (25.7.2020) by The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/803), regs. 1(3), 2(13)(b) (with reg. 4)
[F2131. Massage parlours.E+W
Textual Amendments
F21Sch. 4 paras. 31-35 inserted (27.7.2020) by The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/803), regs. 1(4), 3(14)(b) (with reg. 4)
32. Nail and beauty salons.E+W
Textual Amendments
F21Sch. 4 paras. 31-35 inserted (27.7.2020) by The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/803), regs. 1(4), 3(14)(b) (with reg. 4)
33. Establishments providing tanning services, body piercings, tattooing, electrolysis or acupuncture.E+W
Textual Amendments
F21Sch. 4 paras. 31-35 inserted (27.7.2020) by The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/803), regs. 1(4), 3(14)(b) (with reg. 4)
34. Amusement arcades.E+W
Textual Amendments
F21Sch. 4 paras. 31-35 inserted (27.7.2020) by The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/803), regs. 1(4), 3(14)(b) (with reg. 4)
35. Museums, galleries and archive services.]E+W
Textual Amendments
F21Sch. 4 paras. 31-35 inserted (27.7.2020) by The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/803), regs. 1(4), 3(14)(b) (with reg. 4)
[F2236. Restaurants and cafés (including workplace canteens and dining rooms in members’ clubs).E+W
Textual Amendments
F22Sch. 4 paras. 36-41 inserted (3.8.2020) by The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/820), regs. 1, 2(15) (with reg. 3)
37. Bars (including bars in members’ clubs).E+W
Textual Amendments
F22Sch. 4 paras. 36-41 inserted (3.8.2020) by The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/820), regs. 1, 2(15) (with reg. 3)
38. Public houses.E+W
Textual Amendments
F22Sch. 4 paras. 36-41 inserted (3.8.2020) by The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/820), regs. 1, 2(15) (with reg. 3)
39. Bingo halls.E+W
Textual Amendments
F22Sch. 4 paras. 36-41 inserted (3.8.2020) by The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/820), regs. 1, 2(15) (with reg. 3)
40. Bowling alleys.E+W
Textual Amendments
F22Sch. 4 paras. 36-41 inserted (3.8.2020) by The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/820), regs. 1, 2(15) (with reg. 3)
41. Auction houses.]E+W
Textual Amendments
F22Sch. 4 paras. 36-41 inserted (3.8.2020) by The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/820), regs. 1, 2(15) (with reg. 3)
[F2342. Swimming pools.E+W
Textual Amendments
F23Sch. 4 paras. 42-44 inserted (10.8.2020) by The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 4) Regulations 2020 (S.I. 2020/843), regs. 1, 2(14) (with reg. 3)
43. Indoor fitness studios, gyms, spas and other indoor leisure centres and facilities.E+W
Textual Amendments
F23Sch. 4 paras. 42-44 inserted (10.8.2020) by The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 4) Regulations 2020 (S.I. 2020/843), regs. 1, 2(14) (with reg. 3)
44. Indoor play areas.]E+W
Textual Amendments
F23Sch. 4 paras. 42-44 inserted (10.8.2020) by The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 4) Regulations 2020 (S.I. 2020/843), regs. 1, 2(14) (with reg. 3)
[F2445. Casinos]E+W
Textual Amendments
F24Sch. 4 para. 45 inserted (28.8.2020 at 12.01 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 7) Regulations 2020 (S.I. 2020/912), regs. 1, 2(12) (with reg. 3)
Regulation 14C
Textual Amendments
F25Sch. 4A inserted (8.9.2020 at 6.00 p.m.) by The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 8) (Caerphilly) Regulations 2020 (S.I. 2020/961), regs. 1, 2(7)
Textual Amendments
F26Sch. 4A para. 1 renumbered as Sch. 4A Pt. 1 (17.9.2020 at 6.00 p.m.) by The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 10) (Rhondda Cynon Taf) Regulations 2020 (S.I. 2020/1007), regs. 1, 2(7)(a)
[F271. For the purposes of these Regulations, the following areas are local health protection areas—
(a)Caerphilly County Borough;
(b)Rhondda Cynon Taf County Borough.
[F28(c)Blaenau Gwent County Borough;
(d)Bridgend County Borough;
(e)Merthyr Tydfil County Borough;
(f)the City and County Borough of Newport.]
[F29(g)the area comprising the following electoral divisions in the county of Carmarthenshire—
(i)Bigyn;
(ii)Bynea;
(iii)Dafen;
(iv)Elli;
(v)Felinfoel;
(vi)Glanymor;
(vii)Hendy;
(viii)Hengoed;
(ix)Llangennech;
(x)Lliedi;
(xi)Llwynhendy;
(xii)Tyisha;
(xiii)Swiss Valley.]]]
Textual Amendments
F27Sch. 4A para. 1 substituted (17.9.2020 at 6.00 p.m.) by The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 10) (Rhondda Cynon Taf) Regulations 2020 (S.I. 2020/1007), regs. 1, 2(7)(a)
F28Sch. 4A para. 1(c)-(f) inserted (22.9.2020 at 6.00 p.m.) by The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 11) (Blaenau Gwent, Bridgend, Merthyr Tydfil and Newport etc.) Regulations 2020 (S.I. 2020/1022), regs. 1, 2(4)(a)
F29Sch. 4A para. 1(g) inserted (26.9.2020 at 6.00 p.m.) by The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 13) (Llanelli etc.) Regulations 2020 (S.I. 2020/1040), regs. 1, 2(4)
Textual Amendments
F30Sch. 4A Pt. 2 heading: Sch. 4A paras. 2-6 renumbered as Sch. 4A Pt. 2 (17.9.2020 at 6.00 p.m.) by The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 10) (Rhondda Cynon Taf) Regulations 2020 (S.I. 2020/1007), regs. 1, 2(7)(a)
2.—(1) Despite regulation 2A, no household living in a local health protection area may agree to be treated as an extended household with other households.
(2) Where, before this paragraph came into force, a household living in a local health protection area agreed to be treated as being in an extended household with other households—
(a)that household is not to be treated as being in the extended household, and
(b)the other households continue to be treated as an extended household (provided they are not living in a local health protection area) and regulation 2A applies to those households accordingly.
3.—(1) No person living in a local health protection area may, without a reasonable excuse, leave the area or remain away from the area.
(2) A reasonable excuse includes the need to do the following outside the local health protection area—
(a)obtain—
(i)food and medical supplies for those in the same household (including animals in the household) or for vulnerable persons;
(ii)supplies for the essential upkeep, maintenance and functioning of the household, or the household of a vulnerable person;
(b)obtain money from or deposit money with any business or service listed in paragraph 6 or 7 of Schedule 4;
(c)obtain or provide medical assistance, including accessing any of the services referred to in paragraph 10 of Schedule 4 or accessing veterinary services;
(d)provide or receive care or assistance, including 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)work or provide voluntary or charitable services, where it is not reasonably practicable to do so from home;
(f)where the person is an elite athlete, train and compete;
(g)provide or receive emergency assistance;
(h)attend a solemnization of a marriage or formation of a civil partnership—
(i)as a party to the marriage or civil partnership,
(ii)if invited to attend, or
(iii)as the carer of a person attending;
(i)attend 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;
(j)meet a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings;
(k)access or receive public services;
(l)access or receive childcare or education services;
(m)in relation to children who do not live in the same household as their parents, or one of their parents, continue 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;
(n)move home;
(o)undertake activities in connection with the purchase, sale, letting, or rental of residential property;
(p)avoid injury or illness or escape a risk of harm.
(3) For the purposes of sub-paragraph (1), it is not a reasonable excuse for a person to leave, or remain away from, a local health protection area to do anything if it would be reasonably practicable for the person to do that thing within the area.
(4) Sub-paragraph (1) does not apply to a person who is homeless.
4.—(1) No person may, without reasonable excuse, enter a local health protection area or remain in it.
(2) A reasonable excuse includes the need to do the following in the local health protection area—
(a)obtain—
(i)food and medical supplies for those in the same household (including animals in the household) or for vulnerable persons;
(ii)supplies for the essential upkeep, maintenance and functioning of the household, or the household of a vulnerable person;
(b)obtain money from or deposit money with any business or service listed in paragraph 6 or 7 of Schedule 4;
(c)obtain or provide medical assistance, including accessing any of the services referred to in paragraph 10 of Schedule 4 or accessing veterinary services;
(d)provide or receive care or assistance, including 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)work or provide voluntary or charitable services [F31where it is not reasonably practicable to carry out the work or provide the service from a place outside the area];
(f)where the person is an elite athlete, train and compete;
(g)provide or receive emergency assistance;
(h)attend a solemnization of a marriage or formation of a civil partnership—
(i)as a party to the marriage or civil partnership,
(ii)if invited to attend, or
(iii)as the carer of a person attending;
(i)attend 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;
(j)meet a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings;
(k)access or receive public services;
(l)access or receive childcare or education services;
(m)in relation to children who do not live in the same household as their parents, or one of their parents, continue 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;
(n)move home;
(o)undertake activities in connection with the purchase, sale, letting, or rental of residential property;
(p)avoid injury or illness or escape a risk of harm;
(q)travel to reach a place outside the area.
(3) For the purposes of sub-paragraph (1), it is not a reasonable excuse for a person to enter, or remain in, a local health protection area to do anything if it would be reasonably practicable for the person to do that thing outside the area.
Textual Amendments
F31Words in Sch. 4A para. 4(2)(e) inserted (14.9.2020) by The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 9) Regulations 2020 (S.I. 2020/985), regs. 1, 2(9)(a) (with reg. 3)
5.—(1) No person living in a local health protection area may leave the place where they are living, or remain away from that place, in order to go to work or for work-related purposes.
(2) But sub-paragraph (1) does not apply if it is not reasonably practicable for the person to work from the place where they are living.
(3) No person living in a local health protection area may leave the place where they are living, or remain away from that place, in order to provide voluntary or charitable services.
(4) But sub-paragraph (3) does not apply if it is not reasonably practicable for the person to provide the voluntary or charitable services from the place where they are living.
(5) For the purposes of this paragraph, the place where a person is living includes the premises where they live together with any garden, yard, passage, stair, garage, outhouse or other appurtenance of such premises.
F326. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F32Sch. 4A para. 6 omitted (14.9.2020) by virtue of The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 9) Regulations 2020 (S.I. 2020/985), regs. 1, 2(9)(b) (with reg. 3)
Textual Amendments
F33Sch. 4A Pt. 3 heading and sub-heading omitted (22.9.2020 at 6.00 p.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 11) (Blaenau Gwent, Bridgend, Merthyr Tydfil and Newport etc.) Regulations 2020 (S.I. 2020/1022), regs. 1, 2(4)(b)
F34Sch. 4A Pt. 3 inserted (17.9.2020 at 6.00 p.m.) by The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 10) (Rhondda Cynon Taf) Regulations 2020 (S.I. 2020/1007), regs. 1, 2(7)(b)
F367. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]]
Textual Amendments
F35Sch. 4A para. 7 heading inserted (22.9.2020 at 6.00 p.m.) by The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 11) (Blaenau Gwent, Bridgend, Merthyr Tydfil and Newport etc.) Regulations 2020 (S.I. 2020/1022), regs. 1, 2(4)(c)(i)
F36Sch. 4A para. 7 omitted (24.9.2020 at 6.00 p.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 12) Regulations 2020 (S.I. 2020/1035), regs. 1, 2(7)
Regulation 17A
Textual Amendments
F37Sch. 5 inserted (10.8.2020) by The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 4) Regulations 2020 (S.I. 2020/843), reg. 1, Sch. 1 (with reg. 3)
1.—(1) An enforcement officer may issue a notice (a “premises improvement notice”) to a person responsible for premises referred to in regulation 12(1) if the officer considers that—
(a)the person is not complying with the obligations imposed on the person by regulation 12(2), 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 12(2);
(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.
2.—(1) If either condition 1 or condition 2 is satisfied, an enforcement officer may issue a notice (a “premises closure notice”) to a person responsible for premises referred to in regulation 12(1) 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 12(2), 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 12(2),
(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 12(2),
(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 336 hours (14 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.
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 12(2) 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.
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 12(2) 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.
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 [F38pay 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.
Textual Amendments
F38Words in Sch. 5 para. 5(6) substituted (17.8.2020) by The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 5) Regulations 2020 (S.I. 2020/867), regs. 1, 2(3)(b) (with reg. 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.
7.—(1) This regulation applies where an enforcement officer has issued a premises improvement notice or a premises closure notice.
(2) As soon as reasonably practicable after issuing the notice, the enforcement officer must—
(a)display a copy of the notice, and a sign in the form set out in Schedule 6, in a prominent place near every entrance to the premises;
(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 notice or sign displayed under sub-paragraph (2)(a) must be at least A4 size.
(4) A notice required to be displayed and published under sub-paragraph (2) must continue to be displayed and published, and a sign required to be displayed under that sub-paragraph must continue to be displayed, for as long as the notice has effect.]
Regulation 17A
Textual Amendments
F39Sch. 6 inserted (10.8.2020) by The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 4) Regulations 2020 (S.I. 2020/843), reg. 1, Sch. 2 (with reg. 3)
1.—(1) A sign displayed with a premises improvement notice under paragraph 7(2)(a) of Schedule 5 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
2.—(1) A sign displayed with a premises closure notice under paragraph 7(2)(a) of Schedule 5 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.]
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