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

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Restriction on gatherings in public placesE+W

2.—[F1(1) No person may, without a reasonable excuse, participate in a gathering which takes place indoors other than in a private dwelling F2... which consists of more than 6 people unless all the persons participating in the gathering are members of the same household.]

F3(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In determining, for the purposes of [F5sub-paragraph (1)], the number of persons participating in a gathering no account is to be taken of—

[F6(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;

[F7(e)participating in an indoor gathering [F8at 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;

[F9(i)participating in, attending or facilitating a regulated gathering or event that takes place to any extent indoors F10...;]

F11(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(ka). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(l)attending or facilitating an event authorised by the Welsh Ministers in accordance with paragraph 5.

[F14(5A) For the purposes of this paragraph, a gathering in holiday or travel accommodation is to be treated as if it were a gathering in a private dwelling.]

F15(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Sch. 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)

F2Words in Sch. 1 para. 2(1) 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(10)(b)(i)

F3Sch. 1 para. 2(1A) 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(10)(b)(ii)

F4Sch. 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)

F5Words in Sch. 1 para. 2(2) substituted (26.12.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 25) Regulations 2021 (S.I. 2021/1485), regs. 1(2), 2(10)(b)(iii)

F6Sch. 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)

F7Sch. 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)

F8Words 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)

F9Sch. 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)

F10Words in Sch. 1 para. 2(5)(i) 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(10)(b)(iv)