Coronavirus Act 2020

Temporary continuity directions: Wales E+W

2 (1) The Welsh Ministers may give a temporary continuity direction that applies to— E+W

(a) one or more named relevant institutions in Wales;

(b) all relevant institutions in Wales (or any part of Wales);

(c) relevant institutions in Wales (or any part of Wales) of a particular description.

(2) A temporary continuity direction is a direction that—

(a) is given—

(i) to the responsible body in relation to a relevant institution, or

(ii) in the case of a relevant institution without a responsible body, to the institution, and

(b) requires that body or institution to take steps specified in the direction in connection with the provision, for a specified period, of—

(i) education, training or childcare,

(ii) services relating to education, training or childcare, or

(iii) ancillary services or facilities.

(3) Before giving a direction under this paragraph, the Welsh Ministers—

(a) must have regard to any advice from the Chief Medical Officer for Wales or one of the Deputy Chief Medical Officers for Wales relating to the incidence or transmission of coronavirus, and

(b) must be satisfied that giving the direction is a necessary and proportionate action for or in connection with the continued provision of anything mentioned in sub-paragraph (2)(b)(i) to (iii) for the specified period for one or more persons.

(4) A temporary continuity direction under this paragraph may—

(a) require the taking of reasonable steps in general terms, or require the taking of particular steps that the Welsh Ministers consider reasonable, in relation to any of the matters mentioned in the following paragraphs;

(b) require a relevant institution to open, to stay open, to re-open, or to open at times when it would not usually be open;

(c) require a relevant institution to provide education, training or childcare, services relating to education, training or childcare or ancillary services or facilities;

(d) require a relevant institution to allow specified persons to attend that institution for the purpose of receiving education, training or childcare, services relating to education, training or childcare or ancillary services or facilities, provided by or on behalf of that institution;

(e) require the alteration of term dates;

(f) require a relevant institution to provide or make arrangements for the provision of transport or other services relating to the provision of education, training or childcare or to ancillary services or facilities;

(g) make different provision for different purposes, or be framed by reference to whatever matters the Welsh Ministers consider appropriate;

(h) make transitional, transitory or saving provision;

(i) make such other provision as the Welsh Ministers consider appropriate in connection with the giving of the direction.

(5) The duty of a responsible body or relevant institution to which a temporary continuity direction is given under this paragraph to comply with the direction is enforceable against the body or (as the case may be) institution by the Welsh Ministers making an application to the High Court or the county court for an injunction.

(6) An application made under sub-paragraph (5) may be made without notice being given to the relevant institution or responsible body.

(7) In this paragraph—

• “ancillary services or facilities” means services or facilities that are arranged or provided for those attending a relevant institution to receive education, training or childcare (including residential accommodation, meals, laundry facilities, medical services, advice, and pastoral support);

• “childcare” means anything which amounts to child minding or day care for children for the purposes of Part 2 of the Children and Families (Wales) Measure 2010 (nawm 1) (see section 19(2) to (4) of that Measure);

• “local authority” means a county council in Wales or a county borough council;

• “registered childcare provider” means a person who provides childcare and is registered under Part 2 of the Children and Families (Wales) Measure 2010, but does not include a childminder who is registered to provide childcare on domestic premises;

• “relevant institution” means—

  (a)

  a registered childcare provider;

  (b)

  a school;

  (c)

  an institution within the further education sector, within the meaning of section 91(3) of the Further and Higher Education Act 1992;

  (d)

  an institution within the higher education sector within the meaning of section 91(5) of that Act;

  (e)

  a provider of education or training within the meaning of section 31(1)(a) or (b) or 32(1)(a) or (b) of the Learning and Skills Act 2000 that—

  (i)

  is not an institution within the meaning of paragraph (c) or (d), and

  (ii)

  is in receipt of funding for provision of that education or training from the Welsh Ministers or a local authority;

  but does not include an employer who is a provider by reason only of the employer providing such education or training to its employees;

  (f)

  a provider of a course of education within the meaning of Schedule 6 to the Education Reform Act 1988 that is not an institution within the meaning of paragraph (c) or (d);

  (g)

  a local authority;

• “responsible body” means—

  (a)

  in relation to a school, the proprietor, within the meaning of section 579(1) of the Education Act 1996;

  (b)

  in relation to an institution within paragraph (c) or (d) of the definition of “relevant institution”, the governing body within the meaning of section 90(1) of the Further and Higher Education Act 1992;

  (c)

  in relation to a provider within paragraph (e) or (f) of that definition, the person with legal responsibility and accountability for the provider;

• “school” has the same meaning as in the Education Act 1996 (see section 4 of that Act);

• “specified” means specified, or falling within a description specified, in a temporary continuity direction under this paragraph.