The Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020

Regulation 19(1)

SCHEDULE 1 E+W Businesses or services whose premises must be closed

1.  Concert halls. E+W

Commencement Information

I1 Sch. 1 para. 1 in force at 9.11.2020, see reg. 1(3)

2.  Sexual entertainment venues (within the meaning given by paragraph 2A of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 M1 ). E+W

Commencement Information

I2 Sch. 1 para. 2 in force at 9.11.2020, see reg. 1(3)

Marginal Citations

M1 1982 c. 30. Paragraph 2A of Schedule 3 was inserted by section 27(3) of the Policing and Crime Act 2009 (c. 26).

3.  Theatres. E+W

Commencement Information

I3 Sch. 1 para. 3 in force at 9.11.2020, see reg. 1(3)

4.  Venues authorised 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

Commencement Information

I4 Sch. 1 para. 4 in force at 9.11.2020, see reg. 1(3)

[F1 5.   Bingo halls. E+W

Textual Amendments

F1 Sch. 1 paras. 5-12 inserted (4.12.2020 at 6.00 p.m.) by The Health Protection (Coronavirus Restrictions and Functions of Local Authorities) (Amendment) (Wales) Regulations 2020 (S.I. 2020/1409), regs. 1(2), 2(15)

6.   Bowling alleys, amusement arcades and indoor play areas. E+W

Textual Amendments

F1 Sch. 1 paras. 5-12 inserted (4.12.2020 at 6.00 p.m.) by The Health Protection (Coronavirus Restrictions and Functions of Local Authorities) (Amendment) (Wales) Regulations 2020 (S.I. 2020/1409), regs. 1(2), 2(15)

7.   Casinos. E+W

Textual Amendments

F1 Sch. 1 paras. 5-12 inserted (4.12.2020 at 6.00 p.m.) by The Health Protection (Coronavirus Restrictions and Functions of Local Authorities) (Amendment) (Wales) Regulations 2020 (S.I. 2020/1409), regs. 1(2), 2(15)

8.   Cinemas. E+W

Textual Amendments

F1 Sch. 1 paras. 5-12 inserted (4.12.2020 at 6.00 p.m.) by The Health Protection (Coronavirus Restrictions and Functions of Local Authorities) (Amendment) (Wales) Regulations 2020 (S.I. 2020/1409), regs. 1(2), 2(15)

9.   Skating rinks. E+W

Textual Amendments

F1 Sch. 1 paras. 5-12 inserted (4.12.2020 at 6.00 p.m.) by The Health Protection (Coronavirus Restrictions and Functions of Local Authorities) (Amendment) (Wales) Regulations 2020 (S.I. 2020/1409), regs. 1(2), 2(15)

10.   Funfairs, amusement parks and theme parks. E+W

Textual Amendments

F1 Sch. 1 paras. 5-12 inserted (4.12.2020 at 6.00 p.m.) by The Health Protection (Coronavirus Restrictions and Functions of Local Authorities) (Amendment) (Wales) Regulations 2020 (S.I. 2020/1409), regs. 1(2), 2(15)

11.   Museums and galleries. E+W

Textual Amendments

F1 Sch. 1 paras. 5-12 inserted (4.12.2020 at 6.00 p.m.) by The Health Protection (Coronavirus Restrictions and Functions of Local Authorities) (Amendment) (Wales) Regulations 2020 (S.I. 2020/1409), regs. 1(2), 2(15)

12.   Visitor attractions.] E+W

Textual Amendments

F1 Sch. 1 paras. 5-12 inserted (4.12.2020 at 6.00 p.m.) by The Health Protection (Coronavirus Restrictions and Functions of Local Authorities) (Amendment) (Wales) Regulations 2020 (S.I. 2020/1409), regs. 1(2), 2(15)

Regulation 21(1)

SCHEDULE 2 E+W Regulated premises

PART 1 E+W Businesses or services whose premises are regulated premises

1.  Any business selling goods or services for sale or hire in a shop. E+W

Commencement Information

I5 Sch. 2 para. 1 in force at 9.11.2020, see reg. 1(3)

2.  Shopping centres and shopping arcades. E+W

Commencement Information

I6 Sch. 2 para. 2 in force at 9.11.2020, see reg. 1(3)

3.  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

I7 Sch. 2 para. 3 in force at 9.11.2020, see reg. 1(3)

4.  Post offices. E+W

Commencement Information

I8 Sch. 2 para. 4 in force at 9.11.2020, see reg. 1(3)

5.  Bars (including bars in members' clubs). E+W

Commencement Information

I9 Sch. 2 para. 5 in force at 9.11.2020, see reg. 1(3)

6.  Cafes, canteens and restaurants (including workplace canteens and dining rooms in members' clubs). E+W

Commencement Information

I10 Sch. 2 para. 6 in force at 9.11.2020, see reg. 1(3)

7.  Public houses. E+W

Commencement Information

I11 Sch. 2 para. 7 in force at 9.11.2020, see reg. 1(3)

8.  Camping sites. E+W

Commencement Information

I12 Sch. 2 para. 8 in force at 9.11.2020, see reg. 1(3)

9.  Holiday sites. E+W

Commencement Information

I13 Sch. 2 para. 9 in force at 9.11.2020, see reg. 1(3)

10.  Hotels and bed and breakfast accommodation. E+W

Commencement Information

I14 Sch. 2 para. 10 in force at 9.11.2020, see reg. 1(3)

11.  Other holiday accommodation (including holiday apartments, hostels and boarding houses). E+W

Commencement Information

I15 Sch. 2 para. 11 in force at 9.11.2020, see reg. 1(3)

12.  Auction houses. E+W

Commencement Information

I16 Sch. 2 para. 12 in force at 9.11.2020, see reg. 1(3)

F2 13.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F2 Sch. 2 para. 13 omitted (4.12.2020 at 6.00 p.m.) by virtue of The Health Protection (Coronavirus Restrictions and Functions of Local Authorities) (Amendment) (Wales) Regulations 2020 (S.I. 2020/1409), regs. 1(2), 2(16)(a)

F3 14.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F3 Sch. 2 para. 14 omitted (4.12.2020 at 6.00 p.m.) by virtue of The Health Protection (Coronavirus Restrictions and Functions of Local Authorities) (Amendment) (Wales) Regulations 2020 (S.I. 2020/1409), regs. 1(2), 2(16)(a)

15.  Car dealerships. E+W

Commencement Information

I17 Sch. 2 para. 15 in force at 9.11.2020, see reg. 1(3)

16.  Car repair and MOT services. E+W

Commencement Information

I18 Sch. 2 para. 16 in force at 9.11.2020, see reg. 1(3)

F4 17.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F4 Sch. 2 para. 17 omitted (4.12.2020 at 6.00 p.m.) by virtue of The Health Protection (Coronavirus Restrictions and Functions of Local Authorities) (Amendment) (Wales) Regulations 2020 (S.I. 2020/1409), regs. 1(2), 2(16)(a)

F5 18.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F5 Sch. 2 para. 18 omitted (4.12.2020 at 6.00 p.m.) by virtue of The Health Protection (Coronavirus Restrictions and Functions of Local Authorities) (Amendment) (Wales) Regulations 2020 (S.I. 2020/1409), regs. 1(2), 2(16)(a)

19.  Community centres. E+W

Commencement Information

I19 Sch. 2 para. 19 in force at 9.11.2020, see reg. 1(3)

20.  Crematoriums. E+W

Commencement Information

I20 Sch. 2 para. 20 in force at 9.11.2020, see reg. 1(3)

21.  Dental services, opticians, audiology services, chiropody, chiropractors, osteopaths and other medical or health services, including services relating to mental health. E+W

Commencement Information

I21 Sch. 2 para. 21 in force at 9.11.2020, see reg. 1(3)

22.  Establishments providing tanning services, massage services, body piercings, tattooing, electrolysis or acupuncture. E+W

Commencement Information

I22 Sch. 2 para. 22 in force at 9.11.2020, see reg. 1(3)

23.  Estate or letting agents, developer sales offices and show homes. E+W

Commencement Information

I23 Sch. 2 para. 23 in force at 9.11.2020, see reg. 1(3)

24.  Funeral directors. E+W

Commencement Information

I24 Sch. 2 para. 24 in force at 9.11.2020, see reg. 1(3)

F6 25.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F6 Sch. 2 para. 25 omitted (4.12.2020 at 6.00 p.m.) by virtue of The Health Protection (Coronavirus Restrictions and Functions of Local Authorities) (Amendment) (Wales) Regulations 2020 (S.I. 2020/1409), regs. 1(2), 2(16)(a)

26.  Garden centres and plant nurseries. E+W

Commencement Information

I25 Sch. 2 para. 26 in force at 9.11.2020, see reg. 1(3)

27.  Hair salons and barbers. E+W

Commencement Information

I26 Sch. 2 para. 27 in force at 9.11.2020, see reg. 1(3)

28.  Laundrettes and dry cleaners. E+W

Commencement Information

I27 Sch. 2 para. 28 in force at 9.11.2020, see reg. 1(3)

29.  Leisure centres and leisure facilities including indoor fitness studios, gyms and spas. E+W

Commencement Information

I28 Sch. 2 para. 29 in force at 9.11.2020, see reg. 1(3)

30.  Libraries [F7 and archive services]. E+W

Textual Amendments

F7 Words in Sch. 2 para. 30 inserted (4.12.2020 at 6.00 p.m.) by The Health Protection (Coronavirus Restrictions and Functions of Local Authorities) (Amendment) (Wales) Regulations 2020 (S.I. 2020/1409), regs. 1(2), 2(16)(b)

Commencement Information

I29 Sch. 2 para. 30 in force at 9.11.2020, see reg. 1(3)

31.  Livestock markets or auctions. E+W

Commencement Information

I30 Sch. 2 para. 31 in force at 9.11.2020, see reg. 1(3)

32.  Markets. E+W

Commencement Information

I31 Sch. 2 para. 32 in force at 9.11.2020, see reg. 1(3)

F8 33.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F8 Sch. 2 para. 33 omitted (4.12.2020 at 6.00 p.m.) by virtue of The Health Protection (Coronavirus Restrictions and Functions of Local Authorities) (Amendment) (Wales) Regulations 2020 (S.I. 2020/1409), regs. 1(2), 2(16)(a)

34.  Nail and beauty salons. E+W

Commencement Information

I32 Sch. 2 para. 34 in force at 9.11.2020, see reg. 1(3)

35.  Petrol stations. E+W

Commencement Information

I33 Sch. 2 para. 35 in force at 9.11.2020, see reg. 1(3)

36.  Pharmacies (including non-dispensing pharmacies) and chemists. E+W

Commencement Information

I34 Sch. 2 para. 36 in force at 9.11.2020, see reg. 1(3)

37.  Places of worship. E+W

Commencement Information

I35 Sch. 2 para. 37 in force at 9.11.2020, see reg. 1(3)

F9 38.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F9 Sch. 2 para. 38 omitted (4.12.2020 at 6.00 p.m.) by virtue of The Health Protection (Coronavirus Restrictions and Functions of Local Authorities) (Amendment) (Wales) Regulations 2020 (S.I. 2020/1409), regs. 1(2), 2(16)(a)

39.  Sports courts, skate parks, bowling greens, golf courses and enclosed sports grounds or pitches (whether outdoors or indoors). E+W

Commencement Information

I36 Sch. 2 para. 39 in force at 9.11.2020, see reg. 1(3)

40.  Storage and distribution facilities, including delivery drop off points. E+W

Commencement Information

I37 Sch. 2 para. 40 in force at 9.11.2020, see reg. 1(3)

41.  Swimming pools. E+W

Commencement Information

I38 Sch. 2 para. 41 in force at 9.11.2020, see reg. 1(3)

42.  Taxi or vehicle hire businesses. E+W

Commencement Information

I39 Sch. 2 para. 42 in force at 9.11.2020, see reg. 1(3)

43.  Venues for events or conferences (including venues for weddings). E+W

Commencement Information

I40 Sch. 2 para. 43 in force at 9.11.2020, see reg. 1(3)

44.  Veterinary surgeons. E+W

Commencement Information

I41 Sch. 2 para. 44 in force at 9.11.2020, see reg. 1(3)

45.   [F10 Holiday], leisure activity or events businesses.

Textual Amendments

F10 Word in Sch. 2 para. 45 substituted (4.12.2020 at 6.00 p.m.) by The Health Protection (Coronavirus Restrictions and Functions of Local Authorities) (Amendment) (Wales) Regulations 2020 (S.I. 2020/1409), regs. 1(2), 2(16)(c)

Commencement Information

I42 Sch. 2 para. 45 in force at 9.11.2020, see reg. 1(3)

[F11 45A.   A business or service which is listed in Schedule 1 to the extent that the premises are permitted to be— E+W

(a) open by virtue of regulation 19(1A), or

(b) used by virtue of regulation 19(2).]

Textual Amendments

F11 Sch. 2 para. 45A inserted (4.12.2020 at 6.00 p.m.) by The Health Protection (Coronavirus Restrictions and Functions of Local Authorities) (Amendment) (Wales) Regulations 2020 (S.I. 2020/1409), regs. 1(2), 2(16)(d)

PART 2 E+W Interpretation

46.—(1) For the purposes of this Schedule, 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— E+W

(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.

(2) 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 M2 applies.

Commencement Information

I43 Sch. 2 para. 46 in force at 9.11.2020, see reg. 1(3)

Marginal Citations

M2 2013 anaw 6, as amended by the Housing (Wales) Act 2014 (anaw 7).

Regulation 26

SCHEDULE 3 E+W Enforcement of requirement to take preventative measures on regulated premises

Premises improvement notice E+W

1.—(1) An enforcement officer may issue a notice (a “premises improvement notice”) to a responsible person if the officer considers that—

(a) the person is not complying with the obligations imposed on the person by regulation 21(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 21(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.

(3) In this Schedule, “responsible person” has the meaning given by regulation 21(1).

Commencement Information

I44 Sch. 3 para. 1 in force at 9.11.2020, see reg. 1(3)

Premises closure notice E+W

2.—(1) If either condition 1 or condition 2 is satisfied, an enforcement officer may issue a notice (a “premises closure notice”) to a responsible person 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 21(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 21(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 21(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.

[F12 (8) Where—

(a) an enforcement officer considers that a responsible person has failed to take the measures specified in a premises improvement notice within the specified time limit, and

(b) either—

(i) a fixed penalty notice has been issued in respect of an alleged offence under regulation 35(5)(za), or

(ii) proceedings have been brought for such an offence,

in relation to that failure,

the enforcement officer may nevertheless issue a premises closure notice under sub-paragraph (1).]

Textual Amendments

F12 Sch. 3 para. 2(8) inserted (4.12.2020 at 6.00 p.m.) by The Health Protection (Coronavirus Restrictions and Functions of Local Authorities) (Amendment) (Wales) Regulations 2020 (S.I. 2020/1409), regs. 1(2), 2(17)

Commencement Information

I45 Sch. 3 para. 2 in force at 9.11.2020, see reg. 1(3)

Effect of premises closure notice E+W

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 21(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.

Commencement Information

I46 Sch. 3 para. 3 in force at 9.11.2020, see reg. 1(3)

Termination of premises improvement or closure notice E+W

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 21(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.

Commencement Information

I47 Sch. 3 para. 4 in force at 9.11.2020, see reg. 1(3)

Appeals E+W

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 pay 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.

Commencement Information

I48 Sch. 3 para. 5 in force at 9.11.2020, see reg. 1(3)

Issuing premises improvement and closure notices and terminations E+W

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.

Commencement Information

I49 Sch. 3 para. 6 in force at 9.11.2020, see reg. 1(3)

Publicising premises improvement and closure notices E+W

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 4, 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.

Commencement Information

I50 Sch. 3 para. 7 in force at 9.11.2020, see reg. 1(3)

Production of documents etc. E+W

8.—(1) An enforcement officer may, to facilitate the exercise of a power conferred on the officer by this Schedule, require the production of, inspect and take copies of, any documents or electronic records.

(2) A person may not be required under sub-paragraph (1) to provide a document, record or other information in respect of which a claim for legal professional privilege could be maintained in legal proceedings.

Commencement Information

I51 Sch. 3 para. 8 in force at 9.11.2020, see reg. 1(3)

Regulation 26

SCHEDULE 4 E+W Form of sign to accompany premises improvement notice or premises closure notice

Sign to be displayed with premises improvement notice E+W

1.—(1) A sign displayed with a premises improvement notice under paragraph 7(2)(a) of Schedule 3 must be in the form set out below.

(2) The colours used in the sign must be white, black and amber C0 M60 Y100 K0.

Commencement Information

I52 Sch. 4 para. 1 in force at 9.11.2020, see reg. 1(3)

Sign to be displayed with premises closure notice E+W

2.—(1) A sign displayed with a premises closure notice under paragraph 7(2)(a) of Schedule 3 must be in the form set out below.

(2) The colours used in the sign must be white, black and red C15 M100 Y100 K0.

Commencement Information

I53 Sch. 4 para. 2 in force at 9.11.2020, see reg. 1(3)