The Health Protection (Coronavirus Restrictions) (No. 3) (Wales) Regulations 2020

Requirement to take preventative measures on regulated premises to minimise risk

17.—(1) For the purposes of paragraph (2)—

(a) “regulated premises” means—

(i) premises which may be accessed by the public by virtue of regulation 11(2), 12(2), 13(2) or 14(2), (3) or (4)

(ii) premises of a business or service which may continue to be open by virtue of regulation 15;

(iii) a vehicle used to provide a public transport service;

(iv) other premises where work is being carried out, and

(b) the “responsible person” means—

(i) in relation to regulated premises referred to in sub-paragraph (a)(i), (ii) or (iii),the person responsible for the premises,

(ii) in relation to regulated premises of the kind referred to in sub-paragraph (a)(iv), the person responsible for the work being carried out on the premises.

(2) For the purposes of minimising the risk of exposure to coronavirus at regulated premises, or the spread of coronavirus by those who have been at regulated premises, the responsible person must—

(a) take all reasonable measures to ensure—

(i) that a distance of 2 metres is maintained between any persons on the premises (except between two members of the same household, or a carer and the person assisted by the carer);

(ii) where persons are required to wait to enter the premises, that a distance of 2 metres is maintained between them (except between two members of the same household, or a carer and the person assisted by the carer),

(b) take any other reasonable measures for that purpose, for example measures which limit close face to face interaction and maintain hygiene such as—

(i) changing the layout of premises including the location of furniture and workstations;

(ii) controlling use of entrances, passageways, stairs and lifts;

(iii) controlling use of shared facilities such as toilets and kitchens;

(iv) otherwise controlling the use of, or access to, any other part of the premises;

(v) installing barriers or screens;

(vi) providing or requiring use of personal protective equipment, and

(c) provide information to those entering or working at the premises about how to minimise the risk of exposure to coronavirus.

(3) Measures that may be taken under paragraph (2) also include—

(a) not carrying out certain activities;

(b) closing a part of the premises;

(c) allowing and enabling a person who ordinarily works at the premises to isolate for a specified period due to testing positive for coronavirus or having had close contact with somebody who has tested positive, where that person has been asked to do so by—

(i) the Welsh Ministers;

(ii) a public health officer;

(iii) an officer of a Local Health Board;

(iv) a person designated by a local authority for the purposes of contacting persons who may have been exposed to coronavirus;

(d) collecting contact information from each person at the premises or, in relation to persons from the same household, from one of them, and retaining it for 21 days for the purpose of providing it to any of the following, upon their request—

(i) the Welsh Ministers,

(ii) a public health officer,

(iii) a person designated by a local authority to process information for the purposes of contacting persons who may have been exposed to coronavirus.

(4) In this regulation—

(a) “contact information”, in relation to a person at the premises, means the person’s name and information sufficient to enable the person to be contacted, to inform them that they may have been exposed to coronavirus at the premises (including a telephone number and the date and time at which the person was at the premises);

(b) “public health officer” has the same meaning as in paragraph 3(2)(c) of Schedule 21 to the Coronavirus Act 2020(1);

(c) “Local Health Board” has the meaning given by section 11 of the National Health Service (Wales) Act 2006(2).

(1)

2020 c. 7.

(2)

2006 c.42.