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The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020
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Powers of removal and dispersal: gatherings and being away from homeE+W
28.—(1) Paragraph (2) applies where an enforcement officer has reasonable grounds for suspecting that a person is participating in a gathering in a private dwelling in contravention of—
F1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)paragraph 1(1) of Schedule 3, or
(d)paragraph 2(1) of Schedule 4.
(2) The enforcement officer may—
(a)direct the gathering to disperse;
(b)if the officer has reasonable grounds to suspect that the person does not live at the dwelling—
(i)direct the person to leave the dwelling;
(ii)remove the person from the dwelling.
(3) Paragraph (4) applies where an enforcement officer has reasonable grounds for suspecting that a person is participating in a gathering in a place other than a private dwelling in contravention of—
(a)paragraph 2(1) F2... of Schedule 1,
(b)paragraph 2(1) F3... of Schedule 2,
(c)paragraph 2(1) or [F43(1)] of Schedule 3, or
(d)paragraph 2(1) of Schedule 4.
(4) The enforcement officer may—
(a)direct the gathering to disperse;
(b)direct the person to leave the place where the gathering is taking place;
(c)remove the person from that place.
(5) Where an enforcement officer has reasonable grounds for suspecting that a person is away from the place where the person is living in contravention of paragraph 1(1) of Schedule 4, the officer may—
(a)direct the person to return to the place where the person is living;
(b)remove the person to that place.
Textual Amendments
F1Reg. 28(1)(a)(b) omitted (26.12.2021 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 25) Regulations 2021 (S.I. 2021/1485), regs. 1(2), 2(6)(a)
F2Words in reg. 28(3)(a) omitted (26.12.2021 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 25) Regulations 2021 (S.I. 2021/1485), regs. 1(2), 2(6)(b)(i)
F3Words in reg. 28(3)(b) omitted (21.1.2022 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/55), regs. 1(2), 2(3)
F4Word in reg. 28(3)(c) 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(6)
Commencement Information
I1Reg. 28 in force at 20.12.2020, see reg. 1(3)
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