2020 No. 1609 (W. 335)
The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020
Approved in Senedd Cymru
Made
Laid before Senedd Cymru
Coming into force in accordance with regulation 1(3) and (4
The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 45C(1) and (3), 45F(2) and 45P of the Public Health (Control of Disease) Act 1984 M1.
These Regulations are made in response to the serious and imminent threat to public health which is posed by the incidence and spread of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) in Wales.
The Welsh Ministers consider that restrictions and requirements imposed by these Regulations are proportionate to what they seek to achieve, which is a public health response to that threat.
In accordance with section 45R of that Act the Welsh Ministers are of the opinion that, by reason of urgency, it is necessary to make this instrument without a draft having been laid before, and approved by a resolution of, Senedd Cymru.
PART 1Introduction, review and expiry
Title, application and coming into forceI11
1
The title of these Regulations is the Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020.
2
These Regulations apply in relation to Wales.
3
These Regulations, other than Part 6, come into force on F120 December 2020.
4
Part 6 comes into force on 23 December 2020.
ReviewI22
The Welsh Ministers must review the need for the restrictions and requirements imposed by these Regulations, and whether those restrictions and requirements are proportionate to what the Welsh Ministers seek to achieve by them—
a
by 7 January 2021;
b
at least once in the period from 8 January 2021 to 28 January 2021;
c
at least once in each subsequent period of 21 days.
ExpiryI33
These Regulations expire at the end of the day on F14627 August 2021.
PART 2Levels of restrictions on gathering, travelling, and on use of premises of businesses and services
Levels of restrictionsI44
1
Schedules 1 to 4 set out restrictions and requirements that may apply in an area in relation to—
a
gatherings;
b
organising events;
F86c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
the use of premises of specified businesses or services that are ordinarily open to the public.
2
The restrictions and requirements set out in Schedule 1 apply in relation to an Alert Level 1 area.
3
The restrictions and requirements set out in Schedule 2 apply in relation to an Alert Level 2 area.
4
The restrictions and requirements set out in Schedule 3 apply in relation to an Alert Level 3 area.
5
The restrictions and requirements set out in Schedule 4 apply in relation to an Alert Level 4 area.
6
Schedule 5 sets out which one of Schedules 1 to 4 apply to an area by specifying a level for that area.
F1346A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1356B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F57
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
In these Regulations—
a
an “Alert Level 1 area” is an area specified in the table in Schedule 5, where the table indicates it is an Alert Level 1 area;
b
an “Alert Level 2 area” is an area specified in the table in Schedule 5, where the table indicates it is an Alert Level 2 area;
c
an “Alert Level 3 area” is an area specified in the table in Schedule 5, where the table indicates it is an Alert Level 3 area;
d
an “Alert Level 4 area” is an area specified in the table in Schedule 5, where the table indicates it is an Alert Level 4 area.
PART 3Requirement to isolate etc.
CHAPTER 1Requirement to isolate etc. where person tests positive for coronavirus or has close contact with such person
Interpretation of PartI55
1
In this Part, “close contact” means contact that a contact tracer considers may lead to a risk of infection or contamination with coronavirus, including—
a
having face-to-face contact with a person at a distance of less than 1 metre;
b
spending more than 15 minutes within 2 metres of a person;
c
travelling in a car or other small vehicle with a person or in close proximity to a person on an aeroplane or in the same carriage of a train.
2
In regulations 6 and 8, references to an “adult” (“A”) include references to a child aged 16 or 17.
3
For the purposes of this Part, a person has responsibility for a child if the person has—
a
custody or charge of the child for the time being, or
b
parental responsibility for the child.
4
For the purposes of these Regulations, notification by means of the NHS Covid 19 smartphone app developed and operated by the Secretary of State is not a notification.
Requirement to isolate: adult with coronavirusC2I66
1
This regulation applies where an adult (“A”) is notified by a contact tracer that A has tested positive for coronavirus.
2
A may not leave or be outside the place where A is living before the end of the last day of A's isolation unless regulation 10 or 11 applies.
3
If requested by a contact tracer, A must notify the contact tracer—
a
of the name of each person living at the place A is living, and
b
of the address of that place.
4
The last day of A's isolation is the last day of the period of 10 days beginning with the day after the day of the test which led to the notification referred to in paragraph (1) being given.
5
But where A reports to a contact tracer the day on which symptoms first developed, the last day of A's isolation is the last day of the period of 10 days beginning with the day after the day which A reports as being the day on which the symptoms first developed.
Requirement to isolate: child with coronavirusI7C17
1
This regulation applies where an adult (“A”) is notified by a contact tracer that a child (“C”) for whom A is a responsible adult has tested positive for coronavirus.
2
C may not leave or be outside the place where C is living before the end of the last day of C's isolation unless regulation 10 or 11 applies.
3
If requested by a contact tracer, A must notify the contact tracer—
a
of the name of each person living at the place where C is living, and
b
of the address of that place.
4
The last day of C's isolation is the last day of the period of 10 days beginning with the day after the day of the test which led to the notification referred to in paragraph (1) being given.
5
But in a case where A reports to a contact tracer the day on which C's symptoms first developed, the last day of C's isolation is the last day of the period of 10 days beginning with the day after the day which A reports as being the day on which C's symptoms first developed.
Requirement to isolate after close contact: adultI88
1
This regulation applies where an adult (“A”) is notified by a contact tracer that A has had close contact with a person (“P”) who has tested positive for coronavirus.
2
A may not leave or be outside the place where A is living before the end of the last day of A's isolation unless regulation 10 or 11 applies.
3
If requested by a contact tracer, A must notify the contact tracer of the address of the place where A is living.
4
The last day of A's isolation is the last day of the period of 10 days beginning with the day after the day which a contact tracer records as being the last day on which A had close contact with P before A received the notification referred to in paragraph (1).
5
But where A is living in the same place as P, the last day of A's isolation is—
a
where P, or, where P is a child, a responsible adult (“R”) on P's behalf, reports to a contact tracer the day on which P's symptoms first developed, the last day of the period of 10 days beginning with the day after the day on which P, or R, reports as being the day on which P's symptoms first developed;
b
where no symptoms are reported, the last day of the period of 10 days beginning with the day after the day of the test which led to the notification being given to P, or R, that P had tested positive for coronavirus.
Requirement to isolate after close contact: childI99
1
This regulation applies where an adult (“A”) is notified by a contact tracer that a child (“C”) for whom A is responsible has had close contact with a person (“P”) who has tested positive for coronavirus.
2
C may not leave or be outside the place where C is living before the end of the last day of C's isolation unless regulation 10 or 11 applies.
3
If requested by a contact tracer, A must notify the contact tracer of the address of the place where C is living.
4
The last day of C's isolation is the last day of the period of 10 days beginning with the day after the day which a contact tracer records as being the last day on which C had close contact with P before A received the notification referred to in paragraph (1).
5
But where C is living in the same place as P, the last day of C's isolation is—
a
where P, or, where P is a child, a responsible adult (“R”) on P's behalf, reports to a contact tracer the day on which P's symptoms first developed, the last day of the period of 10 days beginning with the day after the day on which P, or R, reports as being the day on which P's symptoms first developed, or
b
where no symptoms are reported, the last day of the period of 10 days beginning with the day after the day of the test which led to the notification being given to P, or R, that P had tested positive for coronavirus.
Isolation requirements: general exceptionsI1010
1
Paragraph (2) applies where a person is required to not leave or be outside of the place where the person is living by virtue of regulation 6(2), 7(2), 8(2) or 9(2).
2
The person may leave and be outside the place where the person is living for as long as is necessary—
a
to seek medical assistance, where this is required urgently or on the advice of a registered medical practitioner;
b
to access veterinary services where—
i
they are urgently required, and
ii
it is not possible for another person at the place that the person is living to access those services;
c
to fulfil a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings, where it is not possible or practicable to do so without leaving the place where the person is living;
d
to avoid illness, injury or other risk of harm;
e
for compassionate reasons, including to attend the funeral of—
i
a family member;
ii
a close friend;
f
to obtain basic necessities (including for other persons at the place where the person is living or any pets at that place) where it is not possible or practicable—
i
for another person at the place where the person is living to obtain them, or
ii
to obtain them by delivery to that place from a third party;
g
to access public services (including social services or victims' services) where—
i
access to the service is critical to the person's well-being, and
ii
the service cannot be provided if the person remains at the place where the person is living;
h
to move to a different place to live where it becomes impracticable to remain at the place where the person is living;
i
where the person is a child who does not live in the same household as the child's parents, or one of the child's parents, to continue existing arrangements for access to, and contact between, the child and the child's parents, and for the purposes of this sub-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.
3
Regulations 6(2), 7(2), 8(2) and 9(2) do not apply to a person who is homeless.
4
Regulation 6(2) does not apply to a person who—
a
has tested positive for coronavirus in the course of a research study (the “prior test”), and
b
tests positive for coronavirus in the course of the same study within the period of 90 days beginning with the date of the prior test.
Isolation requirements: exception for participants in a testing schemeI1111
1
This regulation applies where—
a
a person (“P”) is required to not leave or be outside of the place where P is living by virtue of regulation 8(2) or 9(2) (“the isolation requirement”), and
b
P agrees to participate in a testing scheme.
2
If P's first test under the testing scheme is negative for coronavirus, the isolation requirement ceases to apply to P from the time P receives the result of the test, subject to paragraphs (3) and (4).
3
If the result of a test taken by P under the testing scheme is positive for coronavirus, the isolation requirement applies to P from the time P receives the result of the test as if it had not ceased to apply by virtue of paragraph (2).
4
Despite paragraph (2) the isolation requirement applies to P on—
a
non-test days;
b
any day on which P is required to take a test under the scheme but fails to do so.
5
If P's last test under the testing scheme is negative for coronavirus, the isolation requirement ceases to apply to P from the earlier of—
a
the time P receives the result of the test, or
b
P's last day of isolation calculated in accordance with regulation 8 or 9 as the case may be.
6
Where P is a child—
a
a person with responsibility for P must agree on P's behalf that P is to participate in a testing scheme;
b
the references in paragraphs (2) and (5)(a) to P receiving the result of a test include references to a person with responsibility for P receiving the result.
7
In this regulation—
a
“testing scheme” means a scheme designated by the Welsh Ministers under which P is required to take a number of tests for coronavirus specified in the scheme, on dates and in a manner so specified;
b
“non-test day” means a day between the day on which P takes the first and last test under the scheme on which P is not required to take a test under the scheme.
Requirement to isolate: specific provision for people who are in Wales on 22 January 2021 and who have been in the Democratic Republic of the Congo or the United Republic of Tanzania in the previous 10 daysF4011A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Requirement to isolate: specific provision for people who are in Wales on 29 January 2021 and who have been in certain countries in the previous 10 daysF4111AA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Isolation requirements: specific exception for people who have been in certain countriesF4211B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Requirement on persons with responsibility for childrenI1212
Where a requirement is imposed under regulation 7(2) F43or 9(2) on a child, a person with responsibility for the child must take all reasonable measures to ensure that the child complies with the requirement.
Withdrawing a notice which requires isolationI1313
1
This regulation applies where a contact tracer—
a
has given a notification under regulation 6(1), 7(1), 8(1) or 9(1) (“the original notification”), but
b
subsequently notifies the recipient of the original notification that it is withdrawn.
2
The original notification is treated as if it had not been given.
CHAPTER 2Information
Power to use and disclose informationI1414
1
A contact tracer may disclose only such relevant information to a person (“the information holder”) as is necessary for the information holder to have—
a
for the purposes of—
i
carrying out a function under these Regulations,
ii
preventing danger to the health of the public as a result of the spread of infection or contamination with coronavirus, or
iii
monitoring the spread of infection or contamination with coronavirus, or
b
for a purpose connected with, or otherwise incidental to, a purpose described in sub-paragraph (a).
2
Relevant information is—
a
where a person is required to isolate in accordance with regulation 6(2), 7(2), 8(2) or 9(2)—
i
the person's contact information and date of birth, or, where the person is a child, the contact details of the adult who is notified that the child is required to isolate and the child's date of birth;
ii
the date the notification was given under regulation 6(1), 7(1), 8(1) or 9(1);
iii
the particular period in respect of which the person is required to not leave or be outside of the place where the person is living calculated in accordance with regulation 6, 7, 8 or 9;
F44aa
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
confirmation a person did not receive a positive coronavirus test and the person's name, contact information and date of birth, or, where the person is a child, the name and contact details of an adult with responsibility for the child in addition to the child's name and date of birth.
3
The information holder may use relevant information disclosed under paragraph (1) only to the extent that it is necessary—
a
for the purposes of—
i
carrying out a function under these Regulations,
ii
preventing danger to the health of the public as a result of the spread of infection or contamination with coronavirus, or
iii
monitoring the spread of infection or contamination with coronavirus, or
b
for a purpose connected with, or otherwise incidental to, a purpose described in sub-paragraph (a).
4
Subject to paragraph (6), the information holder may disclose only such relevant information to another person (the “recipient”) as is necessary for the recipient to have—
a
for the purposes of—
i
carrying out a function of the recipient under these Regulations,
ii
preventing danger to the health of the public as a result of the spread of infection or contamination with coronavirus, or
iii
monitoring the spread of infection or contamination with coronavirus, or
b
for a purpose connected with, or otherwise incidental to, a purpose described in sub-paragraph (a).
5
Subject to paragraph (7), disclosure which is authorised by this regulation does not breach—
a
an obligation of confidence owed by the person making the disclosure, or
b
any other restriction on the disclosure of information (however imposed).
6
This regulation does not limit the circumstances in which information may otherwise be disclosed under any other enactment or rule of law.
7
Nothing in this regulation authorises the use or disclosure of personal data where doing so contravenes the data protection legislation.
8
In this regulation, “data protection legislation” and “personal data” have the same meanings as in section 3 of the Data Protection Act 2018 M2.
F143PART 3ATravel restrictions etc.
Pt. 3A omitted (17.5.2021 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 10) Regulations 2021 (S.I. 2021/583), regs. 1(2), 2(3)
Restriction on international travelF14314A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
International travel declaration formF14314B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART 4Taking preventative measures in regulated premises
Regulated premises and responsible personsI1515
1
For the purposes of these Regulations, the following are “regulated premises”—
a
premises of businesses or services listed in Schedule 7, to the extent that that the public have or are permitted access to the premises;
b
a vehicle used to provide a public transport service;
c
other premises where work is being carried out.
2
In this Part, “responsible person”, in relation to regulated premises, means—
a
in relation to premises referred to in paragraph (1)(a) and (b), the person responsible for the premises,
b
in relation to premises referred to in paragraph (1)(c), the person responsible for the work being carried out on the premises.
F248Requirement to take all reasonable measures to minimise the risk of exposure to coronavirus16
1
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 take the following steps—
Step 1
Undertake a specific assessment of the risk of exposure to coronavirus at the premises, and in doing so consult persons working on the premises or representatives of those persons.
Step 2
Provide information to those entering or working at the premises about how to minimise the risk of exposure to coronavirus.
Step 3
Take all reasonable measures to ensure—
a
that a distance of 2 metres is maintained between any persons on the premises, except between members of a permitted group;
b
where persons are required to wait to enter the premises, that a distance of 2 metres is maintained between them, except between members of a permitted group.
Step 4
Take reasonable measures to mitigate the risk of exposure to coronavirus that arises where persons gather in close proximity, such as—
a
seeking to prevent the following persons from being present at the premises—
i
any person who has tested positive for coronavirus in the previous 10 days,
ii
any person who has had close contact in the previous 10 days with a person who has tested positive for coronavirus,
iii
any person experiencing symptoms associated with COVID-19;
b
ensuring that persons gathering at the premises gather outdoors where this is practicable;
c
limiting close face–to-face interaction between persons on the premises, for example by—
i
changing the layout of premises including the location of furniture and workstations;
ii
controlling the use of entrances, passageways, stairs and lifts;
iii
controlling the 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;
d
limiting the duration of time for which persons may be present on the premises;
e
seeking to ensure that the premises are well ventilated;
f
maintaining good hygiene on the premises;
g
providing or requiring use of personal protective equipment.
2
In determining the extent to which it is reasonable to take a particular measure under Step 3, regard may be had to measures taken under Step 4 to mitigate the risk of exposure to coronavirus that arises when any person is within a distance of 2 metres of another person.
3
Measures that may be taken under paragraph (1) 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 due to testing positive for coronavirus or having had close contact with somebody who has tested positive, for a period—
i
recommended in guidance published by the Welsh Ministers;
ii
specified in a notification given to the person by a contact tracer;
d
collecting contact information from each person at the premises 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 contact tracer;
e
taking reasonable measures to ensure that such contact information is correct.
4
An assessment under Step 1—
a
must satisfy the requirements of regulation 3 of the Management of Health and Safety at Work Regulations 1999 (the “1999 Regulations”), and
b
must be undertaken—
i
whether or not the responsible person has already undertaken an assessment under that regulation, and
ii
whether or not that regulation applies to the responsible person.
5
For the purposes of paragraph (4)—
a
regulation 3 of the 1999 Regulations is to be read as if the words “by or under the relevant statutory provisions”, in both places it occurs, were substituted by the words “by regulations 16, 17 and 17A of the Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020”, and
b
if regulation 3 of the 1999 Regulations would not, but for paragraph (4)(b)(ii), apply to a responsible person—
i
that regulation is to be treated as applying to the person as if the person were an employer, and
ii
persons working at the premises are, for the purposes of that regulation as it applies by virtue of paragraph (4)(b)(ii), treated as being employed by the responsible person.
6
For the purposes of Step 3, “permitted group” means—
a
where the premises are in an Alert Level 1 area or an Alert Level 2 area, a group which—
i
consists of no more than 6 people, not counting any persons under the age of 11 or any carer of a person in the group, or
ii
consists of members of the same household and any carer of a member of the household;
b
where the premises are in an Alert Level 3 area or an Alert Level 4 area, a group which consists of members of the same household and any carer of a member of the household.
Specific measures applicable to licensed premisesI1617
F81
Where regulation 16(1) applies to a person responsible for premises authorised for the sale or supply of alcohol for consumption on the premises, the measures to be taken by the responsible person F249under Step 4 of that regulation include (but are not limited to)—
a
b
requiring customers to be seated in the premises in any place other than at a bar—
i
when ordering food or drink,
ii
when being served with food or drink, and
iii
when consuming food or drink.
3
But where food is provided at the premises on a buffet basis, customers may select food from the buffet and return to where they are seated.
4
Paragraph F9(1) does not apply to—
a
workplace canteens, or
b
premises in an educational establishment.
F1994A
Sub-paragraphs (b)(i) and (ii) of paragraph (1) do not apply in relation to—
a
customers at—
i
cinemas,
ii
sports grounds, or
iii
theatres,
where those customers are normally seated at the premises (other than when ordering food or drink or being served with food or drink) for the showing of a film, a live sporting event or a live theatrical performance, or
b
persons attending a regulated gathering or event that is held outdoors.
4B
For the purpose of paragraph (4A), a “live” sporting event or theatrical performance is one the customer is witnessing other than by means of a broadcast.
5
For the purposes of paragraph (1)—
a
food or drink sold in holiday or travel accommodation as part of room service is not to be treated as being sold for consumption on the premises;
b
food or drink sold for consumption in an area adjacent to the premises where seating is made available for customers is to be treated as being sold for consumption on the premises.
6
Where regulated premises not authorised for the sale or supply of alcohol for consumption on the premises allow customers to consume their own alcohol on the premises, paragraphs (1) to (4) apply to those premises as they apply to premises that are authorised for the sale or supply of alcohol for consumption on the premises.
F10Specific measures applicable to retail premises17A
Where regulation 16(1) applies to a person responsible for retail premises of a business offering goods or services for sale or hire in those premises (including businesses selling food or drink for consumption off the premises), the measures to be taken by the responsible person F250under Step 4 of that regulation must include (but are not limited to)—
a
measures for controlling entry to the premises and limiting the number of customers who are on the premises at any one time;
b
provision of hand sanitisation products or hand washing facilities for use by customers when they enter and exit the premises;
c
measures to sanitise any baskets, trolleys or similar containers provided for use by customers on the premises;
d
in order to remind customers to maintain a distance of 2 metres between each other and to wear a face covering—
i
displaying signs and other visual aids;
ii
making announcements on a regular basis.
Guidance about taking reasonable measuresI1718
1
A person required to take reasonable measures under regulation 16(1) F11, 17(1) or 17A must have regard to guidance issued by the Welsh Ministers about those measures.
2
The Welsh Ministers—
a
may revise guidance issued under paragraph (1), and
b
must publish the guidance (and any revisions).
3
Guidance under this regulation may incorporate (by reference or transposition) guidance, codes of practice or other documents published by another person (for example, a trade association, body representing members of an industry or a trade union).
4
Guidance issued by the Welsh Ministers under—
a
paragraph (1) of regulation 20 of the Health Protection (Coronavirus Restrictions) (No. 3) (Wales) Regulations 2020 M3, or
b
paragraph (1) of regulation 24 of the Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020 M4,
is to be treated as if it were guidance issued under paragraph (1) of this regulation.
F71PART 4ATaking preventative measures when election campaigning
Pt. 4A inserted (12.4.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(4)
Requirement to take all reasonable measures to minimise the risk of exposure to coronavirus when election campaigning18A
1
A person responsible for carrying out or facilitating an activity which involves participating in a gathering for the purposes of persuading or dissuading any person to vote in a particular manner in an election must—
a
take all reasonable measures to minimise the risk of—
i
any person involved in the activity being exposed to coronavirus, and
ii
the spread of coronavirus by any such person, and
b
in taking those measures, have regard to any guidance about them issued by the Welsh Ministers.
2
The measures to be taken under paragraph (1)(a)—
a
must include taking all reasonable measures to ensure that a distance of 2 metres is maintained between any persons participating in the gathering (except between members of the same household or a carer and the person assisted by the carer), and
b
may include taking other measures which limit close face-to-face interaction and maintain hygiene such as—
i
limiting the number of persons participating in the gathering;
ii
wearing face coverings;
iii
limiting the number of persons handling leaflets or other materials.
3
The Welsh Ministers—
a
may revise guidance issued under paragraph (1)(b), and
b
must publish the guidance (and any revisions).
PART 5Face coverings
Requirement to wear face covering on public transportI1819
1
A person (“P”) who is travelling as a passenger on a vehicle used to provide a public transport service must wear a face covering.
2
But this is not required—
a
where an exemption applies under paragraph (3);
b
where P has a reasonable excuse not to wear a face covering, as to which see paragraph (4).
3
An exemption to the requirement to wear a face covering applies—
a
where P is a child under the age of 11;
b
on a vehicle providing a school transport service;
c
on a ferry where—
i
the part of the ferry which is open to passengers is entirely outdoors, or
ii
a distance of at least 2 metres can be maintained between persons on the part of the ferry which is open to passengers;
d
on a cruise ship;
e
where P is allocated a cabin, berth or other similar accommodation on the vehicle, at any time when P is in that accommodation—
i
alone, or
ii
only with members of P's household or a member of the household's carer;
f
where—
i
P is permitted, or ordinarily required, to board and to stay in a vehicle when using the public transport service,
ii
the vehicle is not itself used for the provision of a public transport service, and
iii
P stays in that vehicle;
g
on an aircraft which neither took off from, nor is to land at, a place in Wales;
h
on a vessel which does not dock at a port in Wales.
4
The circumstances in which P has a reasonable excuse to not wear a face covering include—
a
where P is unable to put on, wear or remove a face covering because of a physical or mental illness or impairment, or a disability (within the meaning of section 6 of the Equality Act 2010 M5);
b
where P has to remove the face covering to communicate with a person who has difficulty communicating (in relation to speech, language or otherwise);
c
where P has to remove the face covering in order to avoid harm or injury, or the risk of harm or injury, to P or others;
d
where P is travelling to avoid injury, or to escape a risk of harm, and does not have a face covering;
e
where P has to remove the face covering to—
i
take medication;
ii
eat or drink, if this is allowed on the vehicle and is reasonably necessary (for example due to the length of the journey);
f
where P is asked to remove the face covering by—
i
an enforcement officer, or
ii
the operator of the public transport service, an employee of the operator or a person authorised by the operator.
5
An operator of a public transport service to which paragraph (1) applies must provide information to passengers about the requirement to wear face coverings on their vehicles.
6
For the purposes of this regulation a “school transport service” means any transport service provided solely for the purpose of—
a
carrying a person to and from the school or other place at which the person receives education or training, or
b
otherwise facilitating a person's attendance at a school or other place at which the person receives education or training.
Requirement to wear face covering in certain indoor public placesI1920
1
A person (“P”) must wear a face covering in indoor public areas of premises to which the public have or are permitted access.
2
But this is not required—
a
where P is a child under the age of 11;
b
where P has a reasonable excuse not to wear a face covering, as to which see paragraph (3).
3
The circumstances in which P has a reasonable excuse to not wear a face covering include—
a
where P is unable to put on, wear or remove a face covering because of a physical or mental illness or impairment, or a disability (within the meaning of section 6 of the Equality Act 2010);
b
where P is undertaking an activity and wearing a face covering during that activity may be considered to be a risk to P's health;
c
where P has to remove the face covering to communicate with a person who has difficulty communicating (in relation to speech, language or otherwise);
d
where P has to remove the face covering in order to avoid harm or injury, or the risk of harm or injury, to P or others;
e
where P is at the premises to avoid injury, or to escape a risk of harm, and does not have a face covering;
f
where P has to remove the face covering to—
i
take medication;
ii
eat or drink, where reasonably necessary;
g
where P is asked to remove the face covering by an enforcement officer;
h
where P is seated in premises where food or drink is sold, or otherwise provided, for consumption on the premises.
Guidance about requirements to wear face coveringsI2021
1
An operator of a public transport service to which regulation 19 applies must have regard to guidance issued by the Welsh Ministers about—
a
the requirement to wear a face covering in accordance with paragraphs (1) to (4) of regulation 19 and the enforcement of that requirement under regulation 32;
b
providing information to passengers in accordance with paragraph (5) of regulation 19.
2
The Welsh Ministers—
a
may revise guidance issued under paragraph (1), and
b
must publish the guidance (and any revisions).
3
Guidance under this regulation may incorporate (by reference or transposition) guidance, codes of practice or other documents published by another person (for example, a trade association, body representing members of an industry or a trade union).
4
Guidance issued by the Welsh Ministers under—
a
paragraph (2) of regulation 20 of the Health Protection (Coronavirus Restrictions) (No. 3) (Wales) Regulations 2020, or
b
paragraph (2) of regulation 24 of the Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020,
is to be treated as if it were guidance issued under paragraph (1) of this regulation.
PART 6Provision of education in school
Provision of education in school to certain pupils when school premises are closedI2122
1
Paragraph (3) applies in relation to a relevant pupil if—
a
the premises of the school at which the pupil is registered are closed to that pupil for a period of at least 3 consecutive school days, and
b
the closure is a response to a threat to public health posed by the incidence and spread of coronavirus.
2
For the purposes of paragraph (1), “relevant pupil” means a registered pupil—
a
who the local authority which maintains the school at which the pupil is registered considers is the child of a critical worker, or
b
who the proprietor of the school at which the pupil is registered considers should attend school by reason of the pupil's vulnerability.
3
The proprietor of the school at which the pupil is registered must make arrangements for the pupil to attend the premises of a school for the purpose of the provision of education on the third and each subsequent school day of the period during which the premises of the school at which the pupil is registered are closed.
4
But paragraph (3) does not apply if, on the school day in question—
a
the pupil is required to not leave or be outside of the place where the pupil is living by virtue of regulation 6(2), 7(2), 8(2) F45or 9(2), or
b
the pupil is otherwise isolating having been—
i
notified by means of the NHS Covid 19 smartphone app developed and operated by the Secretary of State, or
ii
advised to do so by the proprietor of the school at which the pupil is registered or by a childcare provider.
5
In determining, for the purposes of paragraph (1)(a), whether the premises of a school are closed to a pupil, the fact that those premises may be open by virtue of paragraph (3) is to be disregarded.
6
In deciding whether a pupil is the child of a critical worker, the local authority must have regard to any guidance published by the Welsh Ministers about identifying children of critical workers.
Failure to comply with regulation 22I2223
Any failure by a proprietor to comply with regulation 22 is enforceable by an application for an injunction by the Welsh Ministers or the local authority which maintains the school to the High Court or County Court, without notice.
Interpretation of this PartI2324
In this Part—
a
“maintained nursery school” has the meaning given by section 22(9) of the School Standards and Framework Act 1998 M6;
b
“maintained school” has the meaning given by section 20(7) of the School Standards and Framework Act 1998;
c
“proprietor” has the meaning given by section 579(1) of the Education Act 1996 M7;
d
“pupil” has the same meaning as in section 3 of the Education Act 1996;
e
“pupil referral unit” has the meaning given by section 19(2) of the Education Act 1996;
f
“registered pupil” has the meaning given by section 434(5) of the Education Act 1996;
g
“school” means a maintained school, a maintained nursery school or a pupil referral unit;
h
“school day” has the meaning given by section 579(1) of the Education Act 1996.
PART 7Enforcement
Enforcement officersI2425
1
For the purposes of regulation 26 and Schedule 8, an “enforcement officer” means a person designated by a local authority —
a
for the purposes of these Regulations,
b
under regulation 17(A1) of the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020 M8,
c
under regulation 21(1) of the Health Protection (Coronavirus Restrictions) (No. 3) (Wales) Regulations 2020, or
d
under regulation 25(1) of the Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020.
2
For the purposes of regulations F75F147... 18A, 19, 20, 27 to 34, 36 and 47, an “enforcement officer” means—
a
a constable,
b
a police community support officer,
c
a person designated by—
i
the Welsh Ministers, or
ii
a local authority,
for the purposes of these Regulations (but see paragraph (3)), or
d
a person designated by the Welsh Ministers or a local authority under—
i
regulation 10(11)(c) of the Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020 M9 as a relevant person (within the meaning given by that regulation),
ii
regulation 17(1) of the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020 for the purposes of those Regulations,
iii
regulation 21(2) of the Health Protection (Coronavirus Restrictions) (No. 3) (Wales) Regulations 2020 for the purposes of those Regulations, or
iv
under regulation 25(2) of the Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020,
(but see paragraph (3)).
3
A person designated by a local authority may exercise an enforcement officer's functions only—
a
in relation to a contravention (or alleged contravention) of a requirement in—
i
regulation 16(1) F12, 17(1) or 17A,
ii
paragraph 7(1) F88... of Schedule 1,
iii
paragraph 7(1) F89... of Schedule 2,
iv
paragraph 7(1), 8(1) or F909(1) of Schedule 3, or
v
paragraph 7(1), 8(1), 9(1) F4, 10(1) or 11(3) of Schedule 4, or
b
under and by virtue of Schedule 8.
Enforcement of requirement to take preventative measuresI2526
Schedules 8 and 9 make provision for and in connection with conferring functions on enforcement officers for the purpose of enforcing regulations 16(1) F13, 17(1) and 17A.
Compliance noticesI2627
1
An enforcement officer may give a compliance notice to a person if the officer has reasonable grounds for suspecting that the person is contravening a requirement in—
F76za
regulation 18A(1),
a
regulation 19(5),
b
paragraph 7(1) F91... of Schedule 1,
c
paragraph 7(1) F92... of Schedule 2,
d
paragraph 7(1), 8(1) or F939(1) of Schedule 3, or
e
paragraph 7(1), 8(1), 9(1) F3, 10(1) or 11(3) of Schedule 4.
2
A compliance notice may specify measures that the person to whom it is given must take as soon as is reasonably practicable so as to prevent that person from continuing to contravene the requirement.
Powers of removal and dispersal: gatherings and being away from homeI2728
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—
a
paragraph 1(1) of Schedule 1,
b
paragraph 1(1) of Schedule 2,
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) F200or (1A) of Schedule 1,
b
paragraph 2(1) or (3) of Schedule 2,
c
paragraph 2(1) or F943(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.
Powers relating to travel restrictionsF14829
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Powers relating to contravention of isolation requirementI2830
Where an enforcement officer has reasonable grounds for suspecting that a person is away from the place where they are living in contravention of regulation 6(2), 7(2), 8(2) F46or 9(2), the officer may—
a
direct the person to return to the place where the person is living;
b
remove the person to that place.
Powers relating to eventsI2931
1
Paragraph (2) applies where an enforcement officer has reasonable grounds for suspecting that a person (“P”) is—
a
committing an offence under regulation 39(2);
b
involved in organising an event in contravention of (or which the officer considers likely to be in contravention of) paragraph 4 of Schedule 1, paragraph 4 of Schedule 2, F95paragraph 5 of Schedule 3 or paragraph 4 of Schedule 4.
2
The enforcement officer may—
a
direct P to follow such instructions as the officer considers necessary in order to stop the event;
b
remove P from the location of the event;
c
direct any person to leave the event;
d
remove any person from the event;
e
where the event has not started—
i
direct P to follow such instructions as the officer considers necessary in order to stop the event from taking place;
ii
remove P from the proposed location of the event.
3
Where an enforcement officer has reasonable grounds for suspecting that a person (“P”) is involved in organising an event authorised under paragraph 5 of Schedule 1, paragraph 5 of Schedule 2 F96, paragraph 6 of Schedule 3F54... or paragraph 5 of Schedule 4 which the officer considers is being held in contravention of a requirement, restriction or other condition specified in relation to the authorisation, the officer may—
a
direct P to follow such instructions as the officer considers necessary in order to secure compliance with the requirement, restriction or other condition;
b
direct P to follow such instructions as the officer considers necessary in order to stop the event;
c
remove P from the location of the event;
d
direct any person to leave the event;
e
remove any person from the event.
Enforcement of face covering requirementsI3032
1
Where an enforcement officer has reasonable grounds for suspecting that a person is contravening (or is about to contravene) regulation 19(1), the officer may—
a
direct the person not to board the vehicle providing the public transport service in question;
b
remove the person from the vehicle.
2
Where—
a
the operator of a public transport service,
b
an employee of the operator, or
c
a person authorised by the operator,
has reasonable grounds to suspect that a person is about to contravene regulation 19(1), the operator, employee or authorised person may direct the person not to board the vehicle providing the public transport service in question.
3
Where an enforcement officer has reasonable grounds to suspect that a person is contravening (or is about to contravene) regulation 20(1), the officer may—
a
direct the person not to enter the premises;
b
remove the person from the premises.
Enforcement: childrenI3133
1
Where an enforcement officer has reasonable grounds to suspect that a person (“P”) in respect of whom the officer may exercise a power under this Part is a child accompanied by an individual (“I”) who has responsibility for P—
a
the officer may direct I to take such action in respect of P as the officer considers appropriate, and
b
I must, so far as reasonably practicable, ensure that P complies with any direction or instruction given by the officer to P.
2
For the purposes of paragraph (1), I has responsibility for a child if I—
a
has custody or charge of the child for the time being, or
b
has parental responsibility for the child.
Power of entryI3234
1
An enforcement officer may enter premises, if the officer—
a
has reasonable grounds for suspecting that a requirement imposed by these Regulations is being, has been or is about to be contravened on the premises, and
b
considers it necessary to enter the premises for the purpose of ascertaining whether the requirement is being, has been or is about to be contravened.
2
An enforcement officer entering premises in accordance with paragraph (1) may take such other persons, equipment and materials onto the premises as appears to the officer to be appropriate.
3
An enforcement officer entering premises in accordance with paragraph (1)—
a
if asked by a person on the premises, must show evidence of the officer's identity and outline the purpose for which the power is exercised;
b
if the premises are unoccupied or the occupier is temporarily absent, must leave the premises as effectively secured against unauthorised entry as when the officer found them.
4
An enforcement officer may enter premises which are wholly or mainly used as a private dwelling only if the enforcement officer is a constable.
Power of police to conduct road checksI3335
1
For the purposes of this regulation, a “road check” means the exercise in a locality of the power conferred by section 163 of the Road Traffic Act 1988 M10 in such a way as to stop, during the period for which the exercise of that power in that locality continues, all vehicles or vehicles selected by any criterion.
2
A constable may conduct a road check for the purpose of ascertaining whether a vehicle is carrying a person who the constable reasonably believes—
a
has committed, or
b
intends to commit,
an offence under these Regulations.
3
A road check must be authorised by a constable of the rank of superintendent or above.
4
But a road check may be authorised by a constable below that rank if the constable considers it necessary as a matter of urgency.
5
A constable may authorise a road check if the constable has reasonable grounds to believe that a person referred to in paragraph (2) is, or is about to be, in the locality in which vehicles would be stopped.
6
An authorisation must be in writing and must specify—
a
the locality in which vehicles are to be stopped;
b
the period, not exceeding 7 days, during which the road check may take place;
c
whether the road check is to be conducted—
i
continuously throughout the period, or
ii
at particular times during the period (in which case the authorisation must specify those times);
d
the name of the constable giving the authorisation.
7
Where a road check is authorised under paragraph (4)—
a
the period specified in paragraph (6)(b) may not exceed 2 days;
b
the constable giving the authorisation must, as soon as is reasonably practicable after giving it, inform a constable of the rank of superintendent or above that it has been given.
8
A constable of the rank of superintendent or above may give authorisation in writing for a road check to continue for a further period, not exceeding 7 days, beyond the period for which the road check was initially authorised.
9
Where a vehicle is stopped in a road check, the person in charge of the vehicle at the time when it is stopped is entitled to obtain a written statement of the purpose of the road check by applying in writing—
a
to the police force responsible for the locality where the road check is conducted, and
b
no later than the end of the period of 12 months from the day on which the vehicle was stopped.
Enforcement: supplemental provisionI3436
1
An enforcement officer may take other action to facilitate the exercise of a power conferred on the officer by this Part.
2
Action taken under paragraph (1) may include—
a
requiring a person to give any information or answer any question the officer considers—
i
necessary to enable the officer to determine whether to exercise a power conferred on the officer by this Part, or
ii
is otherwise relevant to the exercise of such a power;
b
directing a person to follow such instructions as the officer considers necessary.
3
A constable may use reasonable force in the exercise of a power under—
a
regulation 28(2)(b)(ii), (4)(c) or (5)(b);
b
regulation 29(4)(b) or (8)(b);
c
regulation 30(b);
d
regulation 31(2)(b) (d) or (e)(ii), or (3)(c) or (e);
e
regulation 32(1)(b) or (3)(b);
f
regulation 34(1).
4
An enforcement officer may only exercise a power under this Part if the officer considers that it is necessary and proportionate to do so.
5
In this Part and Part 8 references to a requirement include references to a restriction.
PART 8Offences and penalties
CHAPTER 1Offences
Offences relating to gatherings and being away from homeI3537
1
A person who contravenes a requirement in—
a
paragraph 1(1) or 2(1) F201or (1A) of Schedule 1,
b
paragraph 1(1) or 2(1) or (3) of Schedule 2,
c
paragraph 1(1) F972(1) or 3(1) of Schedule 3, or
d
paragraph 1(1) or 2(1) of Schedule 4,
commits an offence.
2
A person who participates in a gathering—
a
which takes place in a private dwelling,
b
which consists of more than 15 people, and
c
at which people are gathered in contravention of—
i
paragraph 1(1) of Schedule 1,
ii
paragraph 1(1) of Schedule 2,
iii
paragraph 1(1) of Schedule 3, or
iv
paragraph 2(1) of Schedule 4,
commits an offence.
Travel restriction offencesF14938
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Offences relating to organising eventsI3639
1
A person who contravenes a requirement in—
a
paragraph 4 of Schedule 1,
b
paragraph 4 of Schedule 2,
c
F98paragraph 5 of Schedule 3, or
d
paragraph 4 of Schedule 4,
commits an offence.
2
A person who, without reasonable excuse, is involved in organising a large unlicensed music event commits an offence.
3
For the purposes of paragraph (2)—
a
“large unlicensed music event” means an event—
i
at which more than 30 people are in attendance,
ii
at which music is played or performed for the purpose, or for purposes which include the purpose, of entertainment, and
iii
where the playing or performance of the music is—
aa
a licensable activity (within the meaning of the Licensing Act 2003 M11), and
bb
not carried on under and in accordance with an authorisation (within the meaning given by section 136(5) of that Act);
b
a person is not involved in organising a large unlicensed music event if the person's only involvement is attending it.
Offences relating to isolation requirements and contact tracingI3740
1
A person who—
a
contravenes a requirement in regulation 6(2), 7(2), 8(2), 9(2) F47... or 12, or
b
without reasonable excuse, contravenes a requirement in regulation 6(3), 7(3), 8(3) F48or 9(3),
commits an offence.
2
It is an offence for a person (“P”) to give false or misleading information to a contact tracer—
a
under regulation 6(3), 7(3), 8(3) F49or 9(3), or
b
about—
i
P's contact information, or
ii
persons with whom P may have had close contact,
where P knows the information is false or misleading, or P is reckless as to whether the information is false or misleading.
3
In paragraph (2), “close contact” has the same meaning as in Part 3.
Offence of failing to wear a face coveringI3841
A person who contravenes the requirement in regulation 19(1) or 20(1) commits an offence.
Offences relating to businesses and servicesI3942
1
A person who, without reasonable excuse, contravenes a requirement in—
a
F99paragraph 7(1) of Schedule 1,
b
F100paragraph 7(1) of Schedule 2,
c
paragraphs 7(1), 8(1) or F1019(1) of Schedule 3, or
d
paragraphs 7(1), 8(1), 9(1) F2, 10(1) or 11(3) of Schedule 4,
commits an offence.
2
An operator of a public transport service who, without reasonable excuse, contravenes the requirement in regulation 19(5) commits an offence.
3
A person who, without reasonable excuse, fails to take the measures specified in a premises improvement notice issued under paragraph 1(1) of Schedule 8 within the time limit specified in the notice commits an offence.
4
A person who, without reasonable excuse, contravenes paragraph 3(1) of Schedule 8 commits an offence.
5
A person who—
a
contravenes paragraph 3(2) of Schedule 8, or
b
without reasonable excuse, removes, obscures or damages a notice or sign required to be displayed under paragraph 7(2)(a) of that Schedule,
commits an offence.
Obstruction and contravention of directions and compliance noticesI4043
1
A person who obstructs, without reasonable excuse, any person carrying out a function under these Regulations commits an offence.
2
A person who, without reasonable excuse—
a
contravenes a direction given—
i
by an enforcement officer under Part 7, or
ii
by the operator of a public transport service, an employee of the operator, or a person authorised by the operator, under regulation 32(2), or
b
fails to comply with a compliance notice given by an enforcement officer under regulation 27(1),
commits an offence.
PenaltyI4144
An offence under these Regulations is punishable on summary conviction by a fine.
Arrest without warrantI4245
Section 24 of the Police and Criminal Evidence Act 1984 M12 applies in relation to an offence under these Regulations as if the reasons in subsection (5) included—
a
to maintain public health;
b
to maintain public order.
Offences committed by bodies corporate etc.I4346
1
If an offence under these Regulations committed by a body corporate is proved—
a
to have been committed with the consent or connivance of an officer of the body, or
b
to be attributable to any neglect on the part of such an officer,
the officer (as well as the body corporate) is guilty of the offence and liable to be prosecuted and proceeded against and punished accordingly.
2
In paragraph (1), “officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body corporate.
3
Proceedings for an offence under these Regulations alleged to have been committed by a partnership may be brought in the name of the partnership instead of in the name of any of the partners.
4
Proceedings for an offence under these Regulations alleged to have been committed by an unincorporated body other than a partnership may be brought in the name of the body instead of in the name of any of its members and, for the purposes of any such proceedings, any rules of court relating to the service of documents have effect as if that body were a body corporate.
5
6
A fine imposed on a partnership on its conviction for an offence under these Regulations is to be paid out of the partnership assets.
7
A fine imposed on an unincorporated body other than a partnership on its conviction for an offence under these Regulations is to be paid out of the funds of the body.
CHAPTER 2Fixed penalties
Fixed penalty noticesI4447
1
An enforcement officer may issue a fixed penalty notice to a person the officer reasonably believes—
a
has committed an offence under these Regulations, and
b
is aged 18 or over.
2
A fixed penalty notice is a notice offering the person to whom it is issued the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty to—
a
a local authority, or
b
a person designated by the Welsh Ministers for the purposes of receiving payment under this regulation,
as the notice may specify.
3
The Welsh Ministers may designate themselves under paragraph (2)(b).
4
A person designated by the Welsh Ministers for the purposes of receiving payment under—
a
regulation 13 of the Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020,
b
regulation 21 of the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020,
c
regulation 31 of the Health Protection (Coronavirus Restrictions) (No. 3) (Wales) Regulations 2020, or
d
regulation 37 of the Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020
is to be treated as if designated for the purposes of receiving payment under this regulation.
5
Where a local authority is specified in the notice it must be the authority (or as the case may be, one of the authorities) in whose area the offence is alleged to have been committed.
6
Where a person is issued with a notice under this regulation in respect of an offence—
a
no proceedings may be taken for the offence before the end of the period of 28 days following the date the notice is issued;
b
the person may not be convicted of the offence if the person pays the fixed penalty before the end of that period.
Amount of fixed penalty: generalI4548
1
Unless regulation 49, F150... 50, 51 or 52 applies, the amount of a fixed penalty is—
a
£60, or
b
if £30 is paid before the end of the period of 14 days following the date of the notice, £30.
2
But if the person to whom such a fixed penalty notice is issued has already received a relevant fixed penalty notice—
a
paragraph (1) does not apply, and
b
the amount specified as the fixed penalty is—
i
in the case of the second relevant fixed penalty notice received, £120;
ii
in the case of the third relevant fixed penalty notice received, £240;
iii
in the case of the fourth relevant fixed penalty notice received, £480;
iv
in the case of the fifth relevant fixed penalty notice received, £960;
v
in the case of the sixth and any subsequent relevant fixed penalty notice received, £1,920.
3
In paragraph (2), “relevant fixed penalty notice” means—
a
a fixed penalty notice where the amount of fixed penalty is determined under this regulation;
b
a fixed penalty notice under—
i
the Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020,
ii
the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020 other than a notice to which regulation 21(7A) of those Regulations applies,
iii
the Health Protection (Coronavirus Restrictions) (No. 3) (Wales) Regulations 2020 other than a notice to which regulation 31(8) of those Regulations applies,
iv
the Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020 other than a notice to which regulation 39, 40, 41 or 42 of those Regulations applies,
v
the Health Protection (Coronavirus Restrictions) (Functions of Local Authorities etc.) (Wales) Regulations 2020 M15.
Amount of fixed penalty: participating in a large gathering at a private dwellingI4649
Where a fixed penalty notice is issued in respect of an alleged offence under regulation 37(2), the amount of the fixed penalty is £60.
Amount of fixed penalty: international travel requirementsF15149A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amount of fixed penalty: organising an eventI4750
1
Where a fixed penalty notice is issued in respect of an alleged offence under regulation 39(1), the amount of the fixed penalty is £500.
2
But if the person to whom a fixed penalty notice is issued in respect of such an alleged offence has already received a relevant fixed penalty notice—
a
paragraph (1) does not apply, and
b
the amount of the fixed penalty is—
i
in the case of the second such fixed penalty notice received, £1,000;
ii
in the case of the third such fixed penalty notice received, £2,000;
iii
in the case of the fourth and any subsequent such fixed penalty notice received, £4,000.
3
In paragraph (2), “relevant fixed penalty notice” means—
a
a fixed penalty notice where the amount of fixed penalty is determined under this regulation;
b
a fixed penalty notice under the Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020 to which regulation 40 of those Regulations applies.
Amount of fixed penalty: organising an unlicensed music eventI4851
Where a fixed penalty notice is issued in respect of an alleged offence under regulation 39(2), the amount of the fixed penalty is £10,000.
Amount of fixed penalty: business-related offencesI4952
1
This regulation applies to a fixed penalty notice issued in respect of an alleged offence under regulation 42(1), (2), (3) or (4) (an “alleged business offence”).
2
Where a fixed penalty notice is issued in respect of an alleged business offence, the amount of the fixed penalty is £1,000.
3
But if the person to whom a fixed penalty notice is issued in respect of an alleged business offence has already received a relevant fixed penalty notice—
a
paragraph (2) does not apply, and
b
the amount of the fixed penalty is—
i
in the case of the second such fixed penalty notice received, £2,000;
ii
in the case of the third such fixed penalty notice received, £4,000;
iii
in the case of the fourth and any subsequent such fixed penalty notice received, £10,000.
4
In paragraph (3), “relevant fixed penalty notice” means—
a
a fixed penalty notice issued in respect of an alleged business offence;
b
a fixed penalty notice under the Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020 to which regulation 42 of those Regulations applies.
Fixed penalties: form and procedureI5053
1
A fixed penalty notice must—
a
give reasonably detailed particulars of the circumstances alleged to constitute the offence;
b
state the period during which (because of regulation 47(6)(a)) proceedings will not be taken for the offence;
c
specify the amount of the fixed penalty determined under regulation 48, 49, F152... 50, 51 or 52 (as the case may be);
d
state the name and address of the person to whom the fixed penalty may be paid;
e
specify permissible methods of payment.
2
Whatever other method may be specified under paragraph (1)(e), payment of a fixed penalty may be made by pre-paying and posting to the person whose name is stated under paragraph (1)(d), at the stated address, a letter containing the amount of the penalty (in cash or otherwise).
3
Where a letter is sent as mentioned in paragraph (2), payment is regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.
4
In any proceedings, a certificate—
a
that purports to be signed by or on behalf of the person with responsibility for the financial affairs of—
i
the local authority, or
ii
the person designated under regulation 47(2)(b),
specified in the fixed penalty notice to which the proceedings relate, and
b
which states that the payment of a fixed penalty was, or was not, received by the date specified in the certificate,
is evidence of the facts stated.
Fixed penalty notices: prohibition of double jeopardyI5154
1
Where the same, or largely the same, act or omission by a person may give rise to a reasonable belief that the person has committed more than one offence under these Regulations, a fixed penalty notice may be issued to the person only in respect of one of the alleged offences.
2
But a fixed penalty notice may be issued in respect of both an alleged offence under regulation 37(1) and under regulation 37(2) where the same, or largely the same, act by a person gives rise to a reasonable belief that the person has committed both offences.
CHAPTER 3Proceedings
Self-incriminationI5255
1
Relevant information may be used in evidence against the person to whom the information relates in criminal proceedings.
2
Where the information is used in proceedings other than for an offence under these Regulations or section 5 of the Perjury Act 1911 M16 (false statements made otherwise than on oath)—
a
no evidence relating to the information may be adduced by or on behalf of the prosecution, and
b
no question relating to the information may be asked by or on behalf of the prosecution.
3
Paragraph (2) does not apply if, in the proceedings—
a
evidence relating to the information is adduced by or on behalf of the person who provided it, or
b
a question relating to the information is asked by or on behalf of that person.
4
In this regulation, “relevant information” means—
a
information which is relevant information for the purposes of regulation 14;
b
information, or the answer to a question, given in response to a requirement imposed under regulation 36(1);
c
anything contained in a document or electronic records produced in response to a requirement imposed under paragraph 8(1) of Schedule 8.
ProsecutionsI5356
1
No proceedings for an offence under these Regulations may be brought other than by—
a
the Director of Public Prosecutions,
b
any person designated by the Welsh Ministers, or
c
in relation to proceedings for F103an offence mentioned in paragraph (1A), a local authority.
F1021A
The offences referred to in paragraph (1)(c) are—
a
an offence under regulation 42 other than an offence under paragraph (2) of that regulation;
b
an offence under regulation 43(1) where the person carrying out a function under these Regulations is an enforcement officer designated by a local authority;
c
an offence under regulation 43(2)(a)(i) or (b) where the enforcement officer giving the direction or compliance notice is a person designated by a local authority.
2
A person designated by the Welsh Ministers under—
a
regulation 14 of the Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020,
b
regulation 22 of the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020,
c
regulation 32 of the Health Protection (Coronavirus Restrictions) (No. 3) (Wales) Regulations 2020, or
d
regulation 46 of the Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020,
is to be treated as if designated under this regulation.
PART 9General
InterpretationI5457
1
In these Regulations—
a
“alcohol” has the meaning given by section 191 of the Licensing Act 2003 M17;
b
“alternative wedding ceremony” means a ceremony—
i
based on a person's faith or belief or lack of belief, to mark the union of two people, other than a ceremony for the purposes of solemnising a marriage or forming a civil partnership,
ii
held in regulated premises, and
iii
organised by a charitable, benevolent or philanthropic institution;
c
“carer” means a person who provides care for the person assisted where—
i
the carer is entitled to an assessment under section 24 of the Social Services and Well-being (Wales) Act 2014 M18,
ii
the care is part of the provision of community care services under Part 4 of the Social Services and Well-being (Wales) Act 2014, or
iii
the care is provided by a care provider registered under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 M19;
d
“child” means a person who is aged under 18;
F77da
“close contact service” means a service which is ordinarily provided by any of the following—
i
hair salons and barbers;
ii
nail and beauty salons including tanning and electrolysis services;
iii
body piercings and tattooing services;
e
“contact information”, in relation to a person, means the person's name and information sufficient to enable the person to be contacted, (including a telephone number, and, in relation to a person at regulated premises, the date and time at which the person was at the premises);
f
“contact tracer” means—
i
ii
a person employed or engaged by a local authority,
designated for the purposes of Part 3 by a Local Health Board, Public Health Wales National Health Service Trust M22 or a local authority;
g
“coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);
F251ga
“COVID-19” is the official designation of the disease which can be caused by coronavirus;
F38h
“elite athlete” means an individual who—
i
derives a living from competing in a sport,
ii
is designated as an elite athlete by the Sports Council for Wales for the purposes of—
aa
these Regulations,
bb
the Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020,
cc
the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020,
dd
the Health Protection (Coronavirus Restrictions) (No. 3) (Wales) Regulations 2020, or
ee
the Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020,
iii
is an “elite sportsperson” within the meaning given by regulation 2(1) of the Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020,
iv
is a “professional sportsperson” within the meaning given by regulation 2(1) of the Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020, or
v
is an “elite athlete” within the meaning given by paragraph 39(2) of Schedule 2 to the Health Protection (Coronavirus, International Travel) Regulations (Northern Ireland) 2020;
i
“elite sporting event” means a sporting event at which only elite athletes are competing;
j
“face covering” means a covering of any type which covers a person's nose and mouth;
k
“food and drink business” means—
i
bars (including bars in members' clubs);
ii
public houses;
iii
cafes, canteens and restaurants (including workplace canteens and dining rooms in members' clubs);
l
“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—
i
is expressed to be granted for holiday use only, or
ii
requires that there are times of the year when no mobile home or caravan may be stationed on the site for human habitation;
m
“holiday or travel accommodation” means accommodation in—
i
camping sites;
ii
holiday sites;
iii
hotels and bed and breakfast accommodation;
iv
other holiday accommodation (including holiday apartments, hostels and boarding houses);
n
“local authority” means the council of a county or county borough in Wales;
o
“parental responsibility” has the same meaning as in the Children Act 1989 M23;
p
a “person responsible for carrying on a business” includes the owner, proprietor, and manager of that business;
q
“premises” includes any building or structure and any land;
r
“public transport service” means a service provided to the general public for the carriage of passengers by road, railway, tramway, air or water;
s
“regulated premises” has the meaning given by regulation 15(1);
F78t
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
u
“single adult household” means—
i
a household comprising of 1 adult (and any number of children), or
ii
a household comprising of—
aa
1 adult who has caring responsibilities for 1 or more other adults in the household,
bb
the adult or adults being cared for,
cc
no other adults, and
dd
any number of children;
v
“vehicle” includes an aircraft, a cable car, a train, a tram and a vessel;
w
“vulnerable person” includes—
i
any person aged 70 or older;
ii
any person under 70 who has an underlying health condition;
iii
any person who is pregnant;
iv
any child;
v
any person who is a vulnerable adult within the meaning given by section 60(1) of the Safeguarding Vulnerable Groups Act 2006 M24.
2
For the purposes of determining whether or not a site is a holiday site in accordance with paragraph (1)(l), 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 who does not occupy the mobile home under an agreement to which Part 4 of the Mobile Homes (Wales) Act 2013 M25 applies.
3
In these Regulations, references to a “private dwelling”—
a
include a houseboat and any garden, yard, passage, stair, outhouse or other appurtenance of the dwelling;
b
do not include the following—
i
holiday or travel accommodation;
ii
accommodation in a care home service, secure accommodation service or residential family centre service, within the meaning given to those terms by Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016 M26;
iii
criminal justice accommodation.
4
For the purposes of these Regulations—
a
there is a gathering when two or more people are in the same place in order to do something together;
b
an event is an occasion—
i
which is planned or scheduled for a particular purpose, and
ii
at which any number of people are in the same place for that purpose, whether or not they are participating in a gathering F154at the event.
5
For the purposes of these Regulations—
a
premises are indoors if they are enclosed or substantially enclosed within the meaning given by F53regulation 3 of the Smoke-free Premises and Vehicles (Wales) Regulations 2020;
b
premises are authorised for the sale or supply of alcohol where the premises have been granted or given an authorisation under the Licensing Act 2003, and “authorisation” has the meaning given by section 136(5) of that Act.
6
For the purposes of these Regulations, the premises of a cinema or theatre is a drive-in cinema or theatre if—
a
the premises are outdoors, and
b
persons attending the showing of a film or performance at the premises—
i
may only do so in an enclosed vehicle, and
ii
may not, in so far as is reasonably practicable, leave the vehicle while at the premises.
7
a
it is organised by—
i
a business,
ii
a public body or a charitable, benevolent, educational or philanthropic institution,
iii
a club or political organisation, or
iv
the national governing body of a sport or other activity, and
F2079
For the purposes of these Regulations, a regulated gathering or event is not to be treated as being otherwise than “outdoors” by reason only of—
a
the provision of indoor facilities for the sale F252or consumption of food and drink;
b
the provision of other indoor facilities necessary for the holding of the gathering or event.
RevocationI5558
The following Regulations are revoked—
a
the Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020, other than regulation 48;
b
regulation 4 of the Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (Wales) Regulations 2020 M28;
c
regulation 6 of the Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (No. 2) (Wales) Regulations 2020 M29.
Consequential amendmentI5659
In regulation 19(10) of the Health Protection (Coronavirus Restrictions) (Functions of Local Authorities etc.) (Wales) Regulations 2020, after sub-paragraph (d) insert—
e
the Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020 if regulation 48 of those Regulations applies to the notice.
SCHEDULE 1Alert Level 1 Restrictions
PART 1Restrictions on gathering
Restriction on gatherings in private dwellingsI571
1
No person may, without a reasonable excuse, participate in a gathering in a private dwelling F208... unless all the persons participating in the gathering are members of the same household or extended household.
F2091A
But a person may participate in such a gathering outdoors if the gathering consists of no more than 30 persons.
2
In determining, for the purposes of sub-paragraph F210(1A), the number of persons participating in a gathering no account is to be taken of—
a
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;
F104b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
meeting a legal obligation;
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 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.
F105c
working or providing voluntary or charitable services, or is receiving services from a person working or providing voluntary or charitable services;
F212d
participating in a gathering of no more than 4 people where all the persons in the gathering—
i
live in the same premises, and
ii
share toilet, washing, dining or cooking facilities with each other.
6
This paragraph does not apply to a person who is homeless.
Restriction on gatherings in public placesI582
1
No person may, without a reasonable excuse, participate in a gathering which takes place other than in a private dwelling F213or in holiday or travel accommodation—
a
indoors, F214... which consists of more than 6 people unless all the persons participating in the gathering are members of the same household;
F215aa
outdoors in regulated premises, which consists of more than 30 people unless all the persons participating in the gathering are members of the same household;
b
outdoors in premises that are not regulated premises, which consists of more than 30 people unless all the persons participating in the gathering are members of the same household or extended household.
F2161A
No person may, without a reasonable excuse, participate in a gathering which takes place in holiday or travel accommodation unless all the persons participating in the gathering are members of the same household or extended household.
1B
But a person may participate in such a gathering outdoors if the gathering consists of no more than 30 persons.
2
In determining, for the purposes of F217sub-paragraphs (1) and (1B), the number of persons participating in a gathering no account is to be taken of—
a
any children under the age of 11 F157, as long as the persons participating in the gathering (including any children under the age of 11) are from no more than—
i
6 households in the case of a gathering indoors F218..., or
ii
30 households, in the case of a gathering outdoors F219..., 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;
F106e
participating in an indoor gathering F255at 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;
i
participating in or facilitating F158a regulated gathering that takes place F220to any extent indoors and at which—
i
ii
no alcohol is consumed;
F222j
participating in, attending or facilitating a regulated gathering or event that takes place outdoors;
k
participating in or facilitating F223a regulated gathering, in premises other than holiday or travel accommodation, for the development or well-being of children (including sports, music and other recreational activities such as those provided for children outside of school hours and during school holidays);
F254ka
participating in or facilitating a regulated gathering of primary school children in holiday or travel accommodation, where the gathering relates to—
i
a regulated gathering described in paragraph (k), or
ii
a gathering in which the children are participating for the purpose described in sub-paragraph (4)(i);
l
attending or facilitating an event authorised by the Welsh Ministers in accordance with paragraph 5.
F2536
For the purposes of this paragraph and paragraph 4—
a
“primary school child” means a child who is in year 6 or below in a school in Wales or would be in year 6 or below if the child attended a school in Wales,
b
“school” has the meaning given by section 4 of the Education Act 1996,
c
“school year” has the same meaning as in section 579(1) of that Act,
d
“year 6” means a year group in which the majority of children will, in the school year, attain the age of 11, and
e
“year group” means a group of children at a school, the majority of whom will, in a particular school year, attain the same age.
Extended householdsI593
1
Up to 3 households may agree to be treated as an extended household.
2
In addition to the up to 3 households who may agree to be treated as an extended household under sub-paragraph (1), 1 F55well-being needs household may also agree to be treated as part of that extended household.
3
To agree to be treated as an extended household, all F56... members of the households must agree.
4
A household may only agree to be treated as being in 1 extended household F21at any one time.
5
Where households have agreed to be treated as an extended household under—
a
paragraph 3 of Schedule 2,
b
paragraph 3 of Schedule 3, or
F107ba
paragraph 4 of Schedule 3A F136(despite its revocation by the Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 9) Regulations 2021),
c
paragraph 3 of Schedule 4,
those households are to be treated as having agreed to be treated as an extended household under this paragraph.
6
F586A
Sub-paragraph (6B) applies where—
a
a person who would be, or is, a member of an extended household is a child, and
b
a person who has parental responsibility for the child (“P”) is a member of the child’s household.
6B
Where this sub-paragraph applies—
a
the agreement required by sub-paragraph (3) is to be given by P (and not the child), and
b
a household ceases to be treated as part of an extended household in accordance with sub-paragraph (6) if P ceases to agree to be treated as part of the extended household (whether or not the child also ceases to agree).
7
If a household ceases to be treated as F23part of an extended household, the household may not agree to be treated as F23part of an extended household with any other household F24unless a period of at least 10 days has expired since any member of the household last participated in a gathering with any member of another household in reliance on being treated as part of an extended household with that household.
8
In this Schedule, references to an extended household are references to an extended household formed under or by virtue of this paragraph.
F599
In this paragraph, “well-being needs household” means—
a
a single adult household;
b
a household comprising of 1 or more children and no adults.
PART 2Restrictions on organising events
Prohibition on organising eventsI604
F2241
No person may, without a reasonable excuse, be involved in organising an event unless—
a
the event is regulated (see regulation 57(7)),
b
the event is held outdoors, and
c
no more than the permitted number of people attend at any time.
1A
The permitted number of people is—
a
where every person attending is normally seated during the event, 10000;
b
otherwise, 4000.
1B
For the purposes of this paragraph, a person working, or providing voluntary services, in relation to the holding of an event is not to be treated as attending the event.
F2252
Sub-paragraph (1) does not apply to a person involved in organising—
a
an event held at a private dwelling at which people do not participate in a gathering in contravention of paragraph 1;
b
an event authorised by the Welsh Ministers under paragraph 5;
c
a solemnisation of a marriage, formation of a civil partnership or an alternative wedding ceremony;
d
a funeral;
e
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
a regulated gathering that takes place to any extent indoors and at which—
i
no more than 30 people are in attendance F245... and
ii
no alcohol is consumed;
g
a regulated gathering, in premises other than holiday or travel accommodation, for the development or well-being of children (including sports, music and other recreational activities such as those provided for children outside of school hours and during school holidays).
F256ga
a regulated gathering of primary school children in holiday or travel accommodation, where the gathering relates to—
i
a regulated gathering described in paragraph (g), or
ii
a gathering in which the children are participating for the purpose of accessing or receiving educational services in accordance with paragraph 2(4)(i);
F246h
an event that is held to any extent indoors at regulated premises F261(other than at holiday or travel accommodation) and at which—
i
no more than 6 people are in attendance, or
ii
all of the people in attendance are members of the same household F262...;
i
an event that is held outdoors at regulated premises (other than at holiday or travel accommodation) and at which—
i
no more than 30 people are in attendance, or
ii
all of the people in attendance are members of the same household;
F257ia
an event that is any of the following, where it is held in premises ordinarily used for that purpose—
i
the showing of a film,
ii
an entertainment performance where no more than 200 people are in attendance or where it is held outdoors,
iii
a market, or
iv
a religious service;
ib
an elite sporting event at which the only people present are elite athletes and persons working or providing voluntary services for the event;
j
an event that is held outdoors at premises that are not regulated premises or outdoors at holiday or travel accommodation and at which—
i
no more than 30 people are in attendance, or
ii
all of the people in attendance are members of the same household or extended household.
F258k
an event that is held to any extent indoors at holiday or travel accommodation and at which all of the people in attendance are members of the same household or extended household.
F2472A
In determining, for the purposes of sub-paragraph (2), the number of persons in attendance at an event, no account is to be taken of—
a
any children under the age of 11,
b
the carer of any person in attendance, or
c
any person working, or providing voluntary services, at the event.
3
For the purposes of sub-paragraph (1)—
a
a person is not involved in organising an event if the person's only involvement is attending it;
b
a reasonable excuse includes where the person has taken all reasonable measures to ensure that no more than F226the permitted number of people are present at the event at any time;
F259c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F259d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Authorised eventsI615
F1611
The Welsh Ministers may give authorisation in writing for an event to be held.
F1622
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
An authorisation may be given under sub-paragraph (1) in relation to a particular event or a particular description of events.
4
An authorisation under sub-paragraph (1)—
a
must be given to a person the Welsh Ministers consider is responsible for organising the event, and
b
may require the event to be held in accordance with any requirements, restrictions or other conditions as may be specified by the Welsh Ministers.
F1604A
A requirement, restriction or other condition specified by the Welsh Ministers in an authorisation given under sub-paragraph (1) may modify regulations 16, 17 and 17A (requirement to take all reasonable measures to minimise exposure to coronavirus) for a specified period in so far as it applies to the premises at which the event is held.
5
The Welsh Ministers must publish—
a
an authorisation given under sub-paragraph (1), and
b
details of any requirements, restrictions or other conditions specified by the Welsh Ministers in relation to an event to be held under the authorisation.
6
The Welsh Ministers may withdraw an authorisation at any time by giving notice in writing to the person to whom the authorisation was given.
7
An authorisation may be withdrawn under sub-paragraph (6) only if the Welsh Ministers —
a
have reasonable grounds to believe that the event will not be held, or is not being held, in accordance with a requirement, restriction or other condition specified by them, or
b
consider that it is necessary and proportionate to withdraw the authorisation for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection by coronavirus.
F72PART 3Restrictions on travelling
Sch. 1 Pt. 3 omitted (12.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(13)
Restriction on travel to and from Alert Level 1 areaF726
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART 4Restrictions on certain businesses and services
Closure of premises used by certain businesses and servicesI627
1
A person responsible for carrying on or providing a business or service listed in paragraph 9 F227, 10 or 11 must—
a
close to members of the public any premises operated as part of the business or service, and
b
not carry on the business or service at such premises otherwise than in accordance with this regulation.
2
Sub-paragraph (1) does not prevent—
a
carrying out maintenance and repairs or other work to ensure premises are suitable for use when sub-paragraph (1) no longer applies to the premises;
b
the use of premises for any purpose as may be requested or authorised by the Welsh Ministers or a local authority;
c
the use of premises to broadcast without an audience present at the premises (whether over the internet or as part of a radio or television broadcast) or to rehearse F60... ;
d
the use of premises for the provision of services or information (including the sale, hire or delivery of goods or services)—
i
through a website, or otherwise by on-line communication,
ii
by telephone, including by text message, or
iii
by post.
3
Where—
a
a person responsible for carrying on a business (“business A”) is required by virtue of this paragraph to cease carrying on business A at premises, and
b
business A forms part of a larger business (“business B”),
the requirement in this paragraph is complied with if the person responsible for carrying on business B ceases to carry on business A at the premises.
Restrictions on licensed premisesF1088
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Businesses or services whose premises must be closedI639
Nightclubs, discotheques, dance halls or other venues authorised for the sale or supply of alcohol where live or recorded music is provided for members of the public or members of the venue to dance.
I6410
Sexual entertainment venues (within the meaning given by paragraph 2A of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 M30).
F19711
Ice skating rinks.
SCHEDULE 2Alert Level 2 Restrictions
PART 1Restrictions on gathering
Restriction on gatherings in private dwellingsI651
F1101
No person may, without a reasonable excuse, participate in a gathering in a private dwelling unless all the persons participating in the gathering are members of the same household or extended household.
F1091A
But a person may participate in such a gathering outdoors if the gathering consists of no more than 6 persons.
2
In determining, for the purposes of F111sub-paragraph (1A), the number of persons participating in a gathering no account is to be taken of—
a
any children under the age of 11 F112, 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;
F113b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
meeting a legal obligation;
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 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;
F114ba
working or providing voluntary or charitable services, or is receiving services from a person working or providing voluntary or charitable services;
c
participating in a gathering of no more than 4 people where all the persons in the gathering—
i
live in the same premises, and
ii
share toilet, washing, dining or cooking facilities with each other.
6
This paragraph does not apply to a person who is homeless.
Restriction on gatherings in public placesI662
1
No person may, without a reasonable excuse, participate in a gathering which—
a
takes place anywhere other than—
i
in a private dwelling, or
ii
in holiday or travel accommodation, and
2
But a person may participate in such a gathering which—
a
F172aa
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F166b
takes place outdoors other than in regulated premises if all the persons participating in the gathering are members of the same household or extended household.
3
No person may, without a reasonable excuse, participate in a gathering which takes place in holiday or travel accommodation unless all the persons participating in the gathering are members of the same household F117or extended household.
F1153A
But a person may participate in such a gathering outdoors if the gathering consists of no more than 6 persons.
3B
In determining, for the purposes of F173sub-paragraph (3A), the number of persons participating in a gathering no account is to be taken of—
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.
4
For the purposes of sub-paragraphs (1) and (3), 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 (6) applies.
5
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.
F118j
visiting a person who is resident in a care home, with the permission of the service provider.
6
The circumstances referred to in sub-paragraph (4)(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 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;
F119e
participating in an indoor gathering of no more than 30 people at regulated premises, or an outdoor gathering of no more than 50 people at such premises, not counting (in either case) persons under the age of 11 or persons working at the 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;
i
participating in or facilitating F167a regulated gathering that takes place F228to any extent indoors and at which—
i
ii
no alcohol is consumed;
j
participating in or facilitating F169a regulated gathering that takes place F229... outdoors and at which—
F121i
no more than 50 people are in attendance, not counting persons under the age of 11 or persons working, or providing voluntary services, F170at the gathering, unless the gathering is organised for the purposes of protest, or picketing carried out in accordance with the Trade Union and Labour Relations (Consolidation) Act 1992, and
ii
no alcohol is consumed;
F137k
participating in or facilitating an F171regulated gathering, in premises other than holiday or travel accommodation, for the development or well-being of persons who were aged under 18 on 31 August 2020 (including sports, music and other recreational activities such as those provided for children outside of school hours and during school holidays);
l
attending or facilitating an event authorised by the Welsh Ministers in accordance with paragraph 5.
7
This paragraph does not apply to a person who is homeless.
Extended householdsI673
1
2 households may agree to be treated as an extended household.
2
In addition to the 2 households who may agree to be treated as an extended household under sub-paragraph (1), 1 F61well-being needs household may also agree to be treated as part of that extended household.
3
To agree to be treated as an extended household, all F62members of the households must agree.
4
A household may only agree to be treated as being in 1 extended household F25at any one time.
F265
Where a household has agreed to be treated as an extended household with other households under paragraph 3 of Schedule 1 (“the previous extended household”), it may make an agreement under this paragraph only with those other households, unless a period of at least 10 days has expired since any member of the household last participated in a gathering with a member of those households in reliance on being treated as part of the previous extended household.
6
Where households have agreed to be treated as an extended household under—
a
paragraph 3 of Schedule 3, or
F122aa
paragraph 4 of Schedule 3A F138(despite its revocation by the Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 9) Regulations 2021),
b
paragraph 3 of Schedule 4,
those households are to be treated as having agreed to be treated as an extended household under this paragraph.
7
F647A
Sub-paragraph (7B) applies where—
a
a person who would be, or is, a member of an extended household is a child, and
b
a person who has parental responsibility for the child (“P”) is a member of the child’s household.
7B
Where this sub-paragraph applies—
a
the agreement required by sub-paragraph (3) is to be given by P (and not the child), and
b
a household ceases to be treated as part of an extended household in accordance with sub-paragraph (7) if P ceases to agree to be treated as part of the extended household (whether or not the child also ceases to agree).
8
If a household ceases to be treated as F28part of an extended household, the household may not agree to be treated as F28part of an extended household with any other household F29unless a period of at least 10 days has expired since any member of the household last participated in a gathering with any member of another household in reliance on being treated as part of an extended household with that household.
9
In this Schedule, references to an extended household are references to an extended household formed under or by virtue of this paragraph.
F6510
In this paragraph, “well-being needs household” means—
a
a single adult household;
b
a household comprising of 1 or more children and no adults.
PART 2Restrictions on organising events
Prohibition on organising eventsI684
F2301
No person may, without a reasonable excuse, be involved in organising an event unless—
a
the event is regulated (see regulation 57(7)),
b
the event is held outdoors, and
c
no more than 50 people attend at any time.
1A
For the purposes of this paragraph, a person working, or providing voluntary services, in relation to the holding of an event is not to be treated as attending the event.
F2312
Sub-paragraph (1) does not apply to a person involved in organising—
a
an event held at a private dwelling at which people do not participate in a gathering in contravention of paragraph 1;
b
an event authorised by the Welsh Ministers under paragraph 5;
c
a solemnisation of a marriage, formation of a civil partnership or an alternative wedding ceremony;
d
a funeral;
e
an indoor gathering F265at regulated premises where no more than 30 people are in attendance, or an outdoor gathering at regulated premises where no more than 50 people are in attendance, 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
a regulated gathering that takes place to any extent indoors and at which—
i
no more than 30 people are in attendance, F266... and
ii
no alcohol is consumed;
g
a regulated gathering that takes place outdoors and at which—
i
no more than 50 people are in attendance, F267... unless the gathering is organised for the purposes of protest, or picketing carried out in accordance with the Trade Union and Labour Relations (Consolidation) Act 1992, and
ii
no alcohol is consumed;
h
a regulated gathering, in premises other than holiday or travel accommodation, for the development or well-being of children (including sports, music and other recreational activities such as those provided for children outside of school hours and during school holidays).
F268i
an event that is held at regulated premises, other than at holiday or travel accommodation, and at which—
i
no more than 6 people are in attendance, or
ii
all of the people in attendance are members of the same household;
j
an event that is any of the following, where it is held in premises ordinarily used for that purpose—
i
the showing of a film,
ii
an entertainment performance where no more than 200 people are in attendance or where it is held outdoors,
iii
a market, or
iv
a religious service;
k
an elite sporting event at which the only people present are elite athletes and persons working or providing voluntary services for the event;
l
an event that is held outdoors at premises that are not regulated premises or outdoors at holiday or travel accommodation and at which—
i
no more than 6 people are in attendance, or
ii
all of the people in attendance are members of the same household or extended household;
m
an event that is held to any extent indoors at holiday or travel accommodation and at which all of the people in attendance are members of the same household or extended household.
F2632A
In determining, for the purposes of sub-paragraph (2), the number of persons in attendance at an event, no account is to be taken of—
a
any children under the age of 11,
b
the carer of any person in attendance, or
c
any person working, or providing voluntary services, at the event.
3
For the purposes of sub-paragraph (1)—
a
a person is not involved in organising an event if the person's only involvement is attending it;
b
a reasonable excuse includes where the person has taken all reasonable measures to ensure that no more than F23250 people are present at the event at any time;
F264c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F264d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Authorised eventsI695
F1751
The Welsh Ministers may give authorisation in writing for an event to be held.
F1762
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
An authorisation may be given under sub-paragraph (1) in relation to a particular event or a particular description of events.
4
An authorisation under sub-paragraph (1)—
a
must be given to a person the Welsh Ministers consider is responsible for organising the event, and
b
may require the event to be held in accordance with any requirements, restrictions or other conditions as may be specified by the Welsh Ministers.
F1744A
A requirement, restriction or other condition specified by the Welsh Ministers in an authorisation given under sub-paragraph (1) may modify regulations 16, 17 and 17A (requirement to take all reasonable measures to minimise exposure to coronavirus) for a specified period in so far as it applies to the premises at which the event is held.
5
The Welsh Ministers must publish—
a
an authorisation given under sub-paragraph (1), and
b
details of any requirements, restrictions or other conditions specified by the Welsh Ministers in relation to an event to be held under the authorisation.
6
The Welsh Ministers may withdraw an authorisation at any time by giving notice in writing to the person to whom the authorisation was given.
7
An authorisation may be withdrawn under sub-paragraph (6) only if the Welsh Ministers —
a
have reasonable grounds to believe that the event will not be held, or is not being held, in accordance with a requirement, restriction or other condition specified by them, or
b
consider that it is necessary and proportionate to withdraw the authorisation for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection by coronavirus.
F73PART 3Restrictions on travelling
Sch. 2 Pt. 3 omitted (12.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(14)
Restriction on travel to and from Alert Level 2 areaF736
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART 4Restrictions on certain businesses and services
Closure of premises used by certain businesses and servicesI707
1
A person responsible for carrying on or providing a business or service listed in paragraph 9 or 10 must—
a
close to members of the public any premises operated as part of the business or service, and
b
not carry on the business or service at such premises otherwise than in accordance with this regulation.
2
Sub-paragraph (1) does not prevent—
a
carrying out maintenance and repairs or other work to ensure premises are suitable for use when sub-paragraph (1) no longer applies to the premises;
b
the use of premises for any purpose as may be requested or authorised by the Welsh Ministers or a local authority;
c
the use of premises to broadcast without an audience present at the premises (whether over the internet or as part of a radio or television broadcast) or to rehearse F66... ;
d
the use of premises for the provision of services or information (including the sale, hire or delivery of goods or services)—
i
through a website, or otherwise by on-line communication,
ii
by telephone, including by text message, or
iii
by post.
3
Where—
a
a person responsible for carrying on a business (“business A”) is required by virtue of this paragraph to cease carrying on business A at premises, and
b
business A forms part of a larger business (“business B”),
the requirement in this paragraph is complied with if the person responsible for carrying on business B ceases to carry on business A at the premises.
Restrictions on licensed premisesF1238
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Businesses or services whose premises must be closedI719
Nightclubs, discotheques, dance halls or other venues authorised for the sale or supply of alcohol where live or recorded music is provided for members of the public or members of the venue to dance.
I7210
Sexual entertainment venues (within the meaning given by paragraph 2A of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982).
F8411
Ice skating rinks.
F85SCHEDULE 3Alert Level 3 Restrictions
Sch. 3 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(14)
PART 1Restrictions on gathering
Restriction on gatherings in private dwellings1
1
No person may, without a reasonable excuse, participate in a gathering in a private dwelling unless all the persons participating in the gathering are members of the same household or extended household.
2
But a person may participate in such a gathering outdoors if the gathering consists of no more than 6 persons.
3
In determining, for the purposes of sub-paragraph (2), the number of persons participating in a gathering no account is to be taken of—
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.
4
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 (6) applies.
5
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
meeting a legal obligation;
c
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;
d
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;
e
moving home;
f
undertaking activities in connection with the purchase, sale, letting or rental of residential property;
g
accessing or receiving educational services.
6
The circumstances referred to in sub-paragraph (4)(b) are that the person is—
a
providing or receiving emergency assistance;
b
avoiding illness, injury or other risk of harm;
c
working or providing voluntary or charitable services, or obtaining services from a person working or providing voluntary or charitable services;
d
participating in a gathering of no more than 4 people where all the persons in the gathering—
i
live in the same premises, and
ii
share toilet, washing, dining or cooking facilities with each other.
7
This paragraph does not apply to a person who is homeless.
Restriction on gatherings in holiday or travel accommodation2
1
No person may, without reasonable excuse, participate in a gathering which takes place in holiday or travel accommodation unless all the persons participating in the gathering are members of the same household or extended household.
2
But a person may participate in such a gathering outdoors if the gathering consists of no more than 6 persons.
3
In determining, for the purposes of sub-paragraph (2), the number of persons participating in a gathering no account is to be taken of—
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.
4
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 (6) applies.
5
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
meeting a legal obligation;
c
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;
d
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.
6
The circumstances referred to in sub-paragraph (4)(b) are that the person is—
a
providing or receiving emergency assistance;
b
avoiding illness, injury or other risk of harm;
c
working or providing voluntary or charitable services;
d
attending a solemnisation of a marriage, formation of a civil partnership or 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;
e
participating in an indoor gathering of no more than 15 people at holiday or travel accommodation, not counting persons under the age of 11 or persons working at the 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,
at which no alcohol is consumed;
f
participating in an outdoor gathering of no more than 30 people at holiday or travel accommodation, not counting persons under the age of 11 or persons working at the 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;
g
participating in or facilitating F177a regulated gathering that takes place F233to any extent indoors and at which—
i
no more than 15 people are in attendance, not counting persons under the age of 11 or persons working, or providing voluntary services, F179at the gathering, and
ii
no alcohol is consumed;
h
participating in or facilitating F178a regulated gathering that takes place F234... outdoors and at which—
i
no more than 30 people are in attendance, not counting persons under the age of 11 or persons working, or providing voluntary services, F180at the gathering, and
ii
no alcohol is consumed;
i
attending or facilitating an event authorised by the Welsh Ministers in accordance with paragraph 6.
7
This paragraph does not apply to a person who is homeless.
Restriction on gatherings in public places3
1
No person may, without a reasonable excuse, participate in a gathering in premises to which neither paragraph 1 nor 2 applies unless all the persons participating in the gathering are members of the same household.
2
But a person may participate in such a gathering—
a
outdoors in regulated premises if the gathering consists of no more than 6 persons;
b
outdoors other than in regulated premises if—
i
the gathering consists of no more than 6 persons, or
ii
all the persons participating in the gathering are members of the same extended household.
3
In determining, for the purposes of sub-paragraph (2), the number of persons participating in a gathering no account is to be taken of—
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.
4
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 (6) applies.
5
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;
j
visiting a person who is resident in a care home, with the permission of the service provider.
6
The circumstances referred to in sub-paragraph (4)(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 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;
e
participating in an indoor gathering of no more than 15 people at regulated premises, not counting persons under the age of 11 or persons working at the 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,
at which no alcohol is consumed;
f
participating in an outdoor gathering of no more than 30 people at regulated premises, not counting persons under the age of 11 or persons working at the 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;
g
attending a place of worship;
h
an elite athlete and is training or competing;
i
providing coaching or other support to an elite athlete, or providing support at an elite sporting event;
j
participating in or facilitating F181a regulated gathering that takes place F235to any extent indoors and at which—
i
no more than 15 people are in attendance, not counting persons under the age of 11 or persons working, or providing voluntary services, F182at the gathering, and
ii
no alcohol is consumed;
k
participating in or facilitating F183a regulated gathering that takes place F236... outdoors and at which—
i
no more than 30 people are in attendance, not counting persons under the age of 11 or persons working, or providing voluntary services, F184at the gathering, unless the gathering is organised for the purposes of protest, or picketing carried out in accordance with the Trade Union and Labour Relations (Consolidation) Act 1992, and
ii
no alcohol is consumed;
l
participating in or facilitating F185a regulated gathering for the development or well-being of persons who were aged under 18 on 31 August 2020 (including sports, music and other recreational activities such as those provided for children outside of school hours and during school holidays);
m
attending or facilitating an event authorised by the Welsh Ministers in accordance with paragraph 6.
7
This paragraph does not apply to a person who is homeless.
Extended households4
1
2 households may agree to be treated as an extended household.
2
In addition to the 2 households who may agree to be treated as an extended household under sub-paragraph (1), 1 well-being needs household may also agree to be treated as part of that extended household.
3
To agree to be treated as an extended household, all members of the households must agree.
4
A household may only agree to be treated as being in 1 extended household at any one time.
5
Where a household has agreed to be treated as an extended household with any other households under paragraph 3 of Schedule 1 (“the previous extended household”), it may make an agreement under this paragraph only with those other households, unless a period of at least 10 days has expired since any member of the household last participated in a gathering with a member of those households in reliance on being treated as part of the previous extended household.
6
Where households have agreed to be treated as an extended household under—
a
paragraph 3 of Schedule 2,
b
paragraph 4 of Schedule 3A F139(despite its revocation by the Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 9) Regulations 2021), or
c
paragraph 3 of Schedule 4,
those households are to be treated as having agreed to be treated as an extended household under this paragraph.
7
A household ceases to be treated as part of an extended household if any member of the household ceases to agree to be treated as part of the extended household.
8
Sub-paragraph (9) applies where—
a
a person who would be, or is, a member of an extended household is a child, and
b
a person who has parental responsibility for the child (“P”) is a member of the child’s household.
9
Where this sub-paragraph applies—
a
the agreement required by sub-paragraph (3) is to be given by P (and not the child), and
b
a household ceases to be treated as part of an extended household in accordance with sub-paragraph (7) if P ceases to agree to be treated as part of the extended household (whether or not the child also ceases to agree).
10
If a household ceases to be treated as part of an extended household, the household may not agree to be treated as part of an extended household with any other household unless a period of at least 10 days has expired since any member of the household last participated in a gathering with any member of another household in reliance on being treated as part of an extended household with that household.
11
In this Schedule, references to an extended household are references to an extended household formed under or by virtue of this paragraph.
12
In this paragraph, “well-being needs household” means—
a
a single adult household;
b
a household comprising of 1 or more children and no adults.
PART 2Restrictions on organising events
Prohibition on organising events5
F2371
No person may, without a reasonable excuse, be involved in organising an event unless—
a
the event is regulated (see regulation 57(7)),
b
the event is held outdoors, and
c
no more than 30 people attend at any time.
1A
For the purposes of this paragraph, a person working, or providing voluntary services, in relation to the holding of an event is not to be treated as attending the event.
F2382
Sub-paragraph (1) does not apply to a person involved in organising—
a
an event held at a private dwelling at which people do not participate in a gathering in contravention of paragraph 1;
b
an event authorised by the Welsh Ministers under paragraph 6;
c
a solemnisation of a marriage, formation of a civil partnership or an alternative wedding ceremony;
d
a funeral;
e
an indoor gathering of no more than 15 people at regulated premises, or an outdoor gathering of no more than 30 people at such premises, not counting (in either case) persons under the age of 11 or persons working at the 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
a regulated gathering that takes place to any extent indoors and at which—
i
no more than 15 people are in attendance, not counting persons under the age of 11 or persons working, or providing voluntary services, at the gathering, and
ii
no alcohol is consumed;
g
a regulated gathering that takes place outdoors and at which—
i
no more than 30 people are in attendance, not counting persons under the age of 11 or persons working, or providing voluntary services, at the gathering, unless the gathering is organised for the purposes of protest, or picketing carried out in accordance with the Trade Union and Labour Relations (Consolidation) Act 1992, and
ii
no alcohol is consumed;
h
a regulated gathering, in premises other than holiday or travel accommodation, for the development or well-being of children (including sports, music and other recreational activities such as those provided for children outside of school hours and during school holidays).
3
For the purposes of sub-paragraph (1)—
a
a person is not involved in organising an event if the person’s only involvement is attending it;
b
a reasonable excuse includes where the person has taken all reasonable measures to ensure that no more than F23930 people are present at the event at any time;
F186c
where—
i
a market, or
ii
a religious service,
is held in premises ordinarily used for that purpose or outdoors, it is not to be treated as an event;
d
the following are not to be treated as events—
i
the showing of a film at a drive-in cinema;
ii
a performance at a drive-in theatre;
iii
an elite sporting event at which the only people present are elite athletes and persons working or providing voluntary services at the event.
Authorised events6
F1881
The Welsh Ministers may give authorisation in writing for an event to be held.
F1892
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
An authorisation may be given under sub-paragraph (1) in relation to a particular event or a particular description of events.
4
An authorisation under sub-paragraph (1)—
a
must be given to a person the Welsh Ministers consider is responsible for organising the event, and
b
may require the event to be held in accordance with any requirements, restrictions or other conditions as may be specified by the Welsh Ministers.
F1874A
A requirement, restriction or other condition specified by the Welsh Ministers in an authorisation given under sub-paragraph (1) may modify regulations 16, 17 and 17A (requirement to take all reasonable measures to minimise exposure to coronavirus) for a specified period in so far as it applies to the premises at which the event is held.
5
The Welsh Ministers must publish—
a
an authorisation given under sub-paragraph (1), and
b
details of any requirements, restrictions or other conditions specified by the Welsh Ministers in relation to an event to be held under the authorisation.
6
The Welsh Ministers may withdraw an authorisation at any time by giving notice in writing to the person to whom the authorisation was given.
7
An authorisation may be withdrawn under sub-paragraph (6) only if the Welsh Ministers —
a
have reasonable grounds to believe that the event will not be held, or is not being held, in accordance with a requirement, restriction or other condition specified by them, or
b
consider that it is necessary and proportionate to withdraw the authorisation for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection by coronavirus.
PART 3Restrictions on certain businesses and services
CHAPTER 1Businesses or services whose premises are required to be closed but to which limited access may be allowed
Closure of indoor premises of food and drink businesses7
1
A person responsible for carrying on a business which is listed in paragraphs 11 to 13 (food and drink businesses) must close to members of the public any part of its premises which is indoors and used for the consumption of food or drink.
2
Sub-paragraph (1) does not prevent—
a
the use of premises for—
i
the sale of food and drink for consumption off the premises, or
ii
services providing food or drink to homeless people;
b
the provision of room service at a hotel or other accommodation (where the hotel or other accommodation continues to operate in accordance with the exceptions allowed by paragraph 8);
c
a workplace canteen from being open where there is no practical alternative for staff at that workplace to obtain food or drink;
d
the use of premises for any purpose as may be requested or authorised by the Welsh Ministers or a local authority;
e
the carrying out of maintenance and repairs or other work to ensure premises are suitable for use when sub-paragraph (1) no longer applies to the premises.
3
Sub-paragraph (1) does not apply to—
a
cafés and canteens at a hospital, care home, school or within accommodation provided for students;
b
canteens at a prison or an establishment intended for use for naval, military or air force purposes or for the purposes of the Department of the Secretary of State responsible for defence.
4
For the purposes of sub-paragraph (1), an indoor area adjacent to the premises of the business where seating is made available for customers of the business (whether or not by the business) is to be treated as part of the premises of that business.
5
Where—
a
a person responsible for carrying on a business (“business A”) is required by virtue of this paragraph to cease carrying on business A at premises, and
b
business A forms part of a larger business (“business B”),
the requirement in this paragraph is complied with if the person responsible for carrying on business B ceases to carry on business A at the premises.
Closure of holiday or travel accommodation that is not self-contained8
1
A person responsible for carrying on a business which is listed in paragraphs 14 to 17 (holiday or travel accommodation) must—
a
close to members of the public any premises operated as part of the business, and
b
not carry on business at such premises otherwise than in accordance with this paragraph.
2
But sub-paragraph (1) does not prevent the use of premises for the provision of accommodation—
a
in a camping site or holiday site, provided that the only shared facilities used by guests at the camping site or holiday site are water points and waste disposal points, or
b
in separate and self-contained premises.
3
And sub-paragraph (1) does not prevent—
a
carrying out maintenance and repairs or other work to ensure premises are suitable for use when sub-paragraph (1) no longer applies to the premises;
b
the use of premises for any purpose as may be requested or authorised by the Welsh Ministers or a local authority;
c
the provision of accommodation for any persons staying in that accommodation when this paragraph most recently began to apply to the area in which the accommodation is situated and who—
i
are unable to return to their main residence, or
ii
are using the accommodation as their main residence;
d
the use of premises to carry on the business by providing information or other services—
i
through a website, or otherwise by on-line communication,
ii
by telephone, including enquiries by text message, or
iii
by post.
4
Premises are separate and self-contained for the purposes of this paragraph only if—
a
they are provided for persons who are members of the same household or extended household, and
b
none of the following are shared with the members of any other household—
i
kitchens,
ii
sleeping areas,
iii
bathrooms, or
iv
indoor communal areas.
5
In this paragraph—
a
a reception area is not to be treated as a shared facility for the purposes of sub-paragraph (2)(a);
b
“communal areas” includes any area of the premises that is open to the public, but does not include a reception area or corridors, lifts and staircases used to access other parts of the premises.
6
Where—
a
a person responsible for carrying on a business (“business A”) is required by virtue of this paragraph to cease carrying on business A at premises, and
b
business A forms part of a larger business (“business B”),
the requirement in this paragraph is complied with if the person responsible for carrying on business B ceases to carry on business A at the premises.
CHAPTER 2Businesses or services whose premises are required to be closed
Closure of businesses and services9
1
A person responsible for carrying on a business or providing a service which is listed in paragraphs 18 to 35 must—
a
close to members of the public any premises operated as part of the business or service, and
b
not carry on the business or service at such premises otherwise than in accordance with this paragraph.
2
In its application to a business or service listed in paragraphs 27 (funfairs, amusement parks and theme parks), 28 (holiday, leisure activity or events businesses), 29 (museums and galleries), 32 (trampoline parks and centres), F140... 34 (venues for events or conferences (including venues for weddings)) and 35 (visitor attractions), sub-paragraph (1) does not apply to—
a
a public outdoor area of the premises, or
b
a public indoor area of the premises where it is necessary for the indoor area to be open—
i
to allow access to a public outdoors area,
ii
for health and safety reasons, or
iii
to ensure that the requirements in Part 4 of these Regulations are complied with in relation to the premises.
3
Sub-paragraph (1) does not prevent—
a
carrying out maintenance and repairs or other work to ensure premises are suitable for use when sub-paragraph (1) no longer applies to the premises;
b
the use of premises for any purpose as may be requested or authorised by the Welsh Ministers or a local authority;
c
the use of premises to broadcast without an audience present at the premises (whether over the internet or as part of a radio or television broadcast) or to rehearse;
d
the use of premises for the provision of goods or services (including their sale, hire, collection or delivery) in response to an order or enquiry made—
i
through a website, or otherwise by on-line communication,
ii
by telephone, including by text message, or
iii
by post;
e
the use of premises for the provision of information—
i
through a website, or otherwise by on-line communication,
ii
by telephone, including by text message, or
iii
by post.
F1414
Despite sub-paragraph (1), a person responsible for carrying on a business or providing a service listed in paragraph 28 (holiday, leisure activity or events businesses) may open the indoor areas of its premises to the public, but only for the purposes of facilitating F190a regulated gathering for the development or well-being of persons who were aged under 18 on 31 August 2020 (including sports, music and other recreational activities such as those provided for children outside of school hours and during school holidays).
5
Where—
a
a person responsible for carrying on a business (“business A”) is required by virtue of this paragraph to cease carrying on business A at premises, and
b
business A forms part of a larger business (“business B”),
the requirement in this paragraph is complied with if the person responsible for carrying on business B ceases to carry on business A at the premises.
CHAPTER 3Businesses and services whose premises are exempt from the requirement to close
F144Exemption from the requirement to be closed: venues for weddings and celebrations of life of deceased10
Despite the preceding provisions of this Part—
a
premises used as a venue for the solemnisation of a marriage, formation of civil partnership or alternative wedding ceremony, or the celebration of such an event, may open to the public—
i
to the extent that this is required for the purposes of the solemnisation of a marriage, formation of civil partnership or alternative wedding ceremony at the premises, or the celebration of such an event at the premises;
ii
for the purposes of enabling a person to visit the premises, by appointment, with a view to booking the premises for the solemnisation of a marriage, formation of civil partnership or alternative wedding ceremony, or for the celebration of such an event;
b
premises used as a venue for the celebration of the life of a deceased person may open to the public to the extent that this is required for such a celebration at the premises.
CHAPTER 4List of closed or partially closed premises
Closed or partially closed premisesFood and drink businesses
11
Bars (including bars in members’ clubs).
12
Public houses.
13
Cafes, canteens and restaurants (including workplace canteens and dining rooms in members’ clubs).
Holiday or travel accommodation
14
Camping sites.
15
Holiday sites.
16
Hotels and bed and breakfast accommodation.
17
Other holiday accommodation (including holiday apartments, hostels and boarding houses).
Leisure and social etc.
18
Nightclubs, discotheques, dance halls or other venues authorised for the sale or supply of alcohol where live or recorded music is provided for members of the public or members of the venue to dance.
19
Sexual entertainment venues (within the meaning given by paragraph 2A of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982).
20
Cinemas, other than drive in cinemas.
21
Concert halls and theatres, other than drive in theatres.
22
Casinos.
23
Bingo halls.
24
Amusement arcades.
25
Bowling alleys.
26
Indoor play centres or areas.
27
Funfairs, amusement parks and theme parks.
28
Holiday, leisure activity or events businesses.
29
Museums and galleries.
30
Ice skating rinks.
31
Trampoline parks and centres.
32
Indoor skate parks and centres.
F13233
Steam rooms.
34
Venues for events or conferences (including venues for weddings).
35
Visitor attractions.
F131SCHEDULE 3ATemporary Alert Level 3 Restrictions
Sch. 3A omitted (3.5.2021 immediately before the start of the day) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 9) Regulations 2021 (S.I. 2021/542), regs. 1(2), 2(6)
F131PART 1Restriction on gathering
Restriction on gatherings in private dwellingsF1311
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Restriction on gatherings in holiday or travel accommodationF1312
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Restriction on gatherings in public placesF1313
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Extended householdsF1314
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F131PART 2Restrictions on organising events
Prohibition on organising eventsF1315
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Authorised eventsF1315A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F131PART 3Restrictions on travelling
Restriction on travel to and from Alert Level 3 areaF1316
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F131PART 4Restrictions on certain businesses and services
F131CHAPTER 1Businesses or services whose premises are required to be closed but to which limited access may be allowed
Closure of indoor premises of food and drink businessesF1317
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Closure of holiday or travel accommodation that is not self-containedF1318
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Closure of community centres ...F1319
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F131CHAPTER 2Businesses or services whose premises are required to be closed
Closure of businesses and servicesF13110
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F131CHAPTER 3Businesses and services whose premises are exempt from the requirement to close
Exemption from the requirement to be closedF13111
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F131CHAPTER 4List of closed premises
F131Closed premises
Food and drink businesses
F13112
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13113
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13114
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Holiday or travel accommodation
F13115
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13116
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13117
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13118
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Public services etc.
F13119
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13120
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Personal services etc.
F13121
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13122
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13123
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Leisure and social etc.
F13124
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13125
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13126
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13127
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13128
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13129
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13130
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13131
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13132
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13133
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13134
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13135
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13136
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13137
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13138
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13139
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13140
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13141
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sports and exercise.
F13142
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13143
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13144
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Retail etc.
F13145
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13146
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13147
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F131Exempt premises
Public services etc.
F13148
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13149
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13150
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Food and drink businesses
F13151
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13152
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Retail etc.
F13153
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13154
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13155
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13156
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13157
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13158
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13159
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13160
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13161
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13162
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13163
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13164
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13165
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13166
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 4Alert Level 4 Restrictions
PART 1Restrictions on movement and gathering with others
Requirement to stay at homeI731
1
No person may, without a reasonable excuse, leave the place where they are living or remain away from that place.
2
For the purposes of sub-paragraph (1), a person has a reasonable excuse if—
a
the person leaves or remains away from the place where they are living for a purpose that is reasonably necessary and there is no reasonably practicable alternative, or
b
one of the circumstances in sub-paragraph (4) applies.
3
Examples of purposes for which it may be reasonably necessary for a person to leave or remain away from the place where they are living include—
a
obtaining supplies from a business or service listed in paragraphs 55 to 66 , including—
i
food and medical supplies for those in the same household or extended household (including animals in the household or extended household) or for vulnerable persons;
ii
supplies for the essential upkeep, maintenance and functioning of the household or extended household, or the household of a vulnerable person;
b
obtaining or providing medical assistance, or accessing veterinary services;
c
working or providing voluntary or charitable services;
d
meeting a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings;
e
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;
f
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;
g
moving home;
h
obtaining money from or depositing money with any business or service listed in paragraph 39(g) of Schedule 7;
i
viewing a property in connection with the purchase, sale, letting or rental of the property;
j
undertaking activities in connection with the purchase, sale, letting or rental of residential property;
k
accessing or receiving public services;
l
accessing or receiving educational services.
4
The circumstances referred to in sub-paragraph (2)(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 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;
e
attending a place of worship;
f
exercising, either—
i
alone,
ii
with other members of the person's household or extended household, F192...
iii
with the person's carer F193, or
F191iv
with 1 other person who is not a member of the person’s household or extended household or the person’s carer, and any children under the age of 11 who are members of either person’s household;
g
an elite athlete and is training or competing;
h
providing coaching or other support to an elite athlete, or providing support at—
i
an elite sporting event, or
ii
a sporting event taking place outside Wales;
i
travelling to vote in an election;
j
travelling to or from, or is present at, a place where a member of their extended household is living.
5
In sub-paragraph (4)(f)—
a
exercise must start and finish at the place where the person is living or where a member of the person's extended household is living, or
b
where, for reasons of physical or mental illness or impairment, or a disability (within the meaning of section 6 of the Equality Act 2010), the person needs to exercise in another place, exercise must take place in an area local to the place where the person is living.
6
This paragraph does not apply to a person who is homeless.
Requirement not to gather with other peopleI742
1
No person may, without a reasonable excuse, gather with any other person apart from—
a
members of their household,
b
their carer, or
c
a person they are providing care to.
2
For the purposes of sub-paragraph (1), a person has a reasonable excuse if—
a
the person is gathering with other people for a purpose that is reasonably necessary and there is no reasonably practicable alternative, or
b
one of the circumstances in sub-paragraph (4) applies.
3
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 sub-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
viewing a property in connection with the purchase, sale, letting or rental of the property;
h
undertaking activities in connection with the purchase, sale, letting or rental of residential property;
i
accessing or receiving public services;
j
accessing or receiving educational services;
k
avoiding illness, injury or other risk of harm.
4
The circumstances referred to in sub-paragraph (2)(b) are that the person is—
a
providing or receiving emergency assistance;
b
attending a solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony—
i
as a party to the marriage, civil partnership or wedding,
ii
if invited to attend, or
iii
as the carer of a person attending;
c
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;
d
attending a place of worship;
e
an elite athlete and is training or competing;
f
providing coaching or other support to an elite athlete, or providing support at an elite sporting event;
g
participating in a gathering with members of their extended household at a place where members of the extended household are living;
h
participating in a gathering of no more than 4 people where all the persons in the gathering—
i
live in the same premises, and
ii
share toilet, washing, dining or cooking facilities with each other;
5
This paragraph does not apply to a person who is homeless.
Extended householdsI753
1
A F51well-being needs household and another household may agree to be treated as an extended household.
2
To agree to be treated as an extended household, all F67members of the households must agree.
3
A household may only agree to be treated as being in 1 extended household F31at any one time.
4
Where a F52well-being needs household has agreed to be treated as an extended household with up to—
a
3 other households under paragraph 3 of Schedule 1, or
b
2 other households under—
i
paragraph 3 of Schedule 2, or
ii
paragraph 3 of Schedule 3,
F32(“the previous extended household”), an agreement under this paragraph may be made only between the F52well-being needs household and 1 of those other households F33unless a period of at least 10 days has expired since any member of the F52well-being needs household last participated in a gathering with a member of those households in reliance on being treated as part of the previous extended household.
5
F695A
Sub-paragraph (5B) applies where—
a
a person who would be, or is, a member of an extended household is a child, and
b
a person who has parental responsibility for the child (“P”) is a member of the child’s household.
5B
Where this sub-paragraph applies—
a
the agreement required by sub-paragraph (2) is to be given by P (and not the child), and
b
a household ceases to be treated as part of an extended household in accordance with sub-paragraph (5) if P ceases to agree to be treated as part of the extended household (whether or not the child also ceases to agree).
6
If a household ceases to be treated as F35part of an extended household, the household may not agree to be treated as F35part of an extended household with any other household F36unless a period of at least 10 days has expired since any member of the household last participated in a gathering with any member of another household in reliance on being treated as part of an extended household with that household.
7
In this Schedule, references to an extended household are references to an extended household formed under or by virtue of this paragraph.
F508
In this paragraph, “well-being needs household” means—
a
a single adult household;
b
a household comprising of 1 or more children and no adults.
PART 2Restrictions on organising events
Prohibition on organising eventsI764
F2401
No person may, without a reasonable excuse, be involved in organising an event unless—
a
the event is regulated (see regulation 57(7)),
b
the event is held outdoors, and
c
no more than 30 people attend at any time.
1A
For the purposes of this paragraph, a person working, or providing voluntary services, in relation to the holding of an event is not to be treated as attending the event.
F2412
Sub-paragraph (1) does not apply to a person involved in organising—
a
an event held at a private dwelling at which people do not participate in a gathering in contravention of paragraph 2;
b
an elite sporting event authorised by the Welsh Ministers under paragraph 5;
c
a solemnisation of a marriage, formation of a civil partnership or an alternative wedding ceremony;
d
a funeral.
3
For the purposes of sub-paragraph (1)—
a
a person is not involved in organising an event if the person's only involvement is attending it;
b
a reasonable excuse includes where the person has taken all reasonable measures to ensure that no more than F24230 people are present at the event at any time;
F196c
where—
i
a market, or
ii
a religious service,
is held in premises ordinarily used for that purpose or outdoors, it is not to be treated as an event.
Authorised elite sporting eventsI775
1
The Welsh Ministers may give authorisation in writing for an elite sporting event to be held.
2
An authorisation under sub-paragraph (1)—
a
must be given to a person the Welsh Ministers consider is responsible for organising the event, and
b
may require the event to be held in accordance with any requirements, restrictions or other conditions as may be specified by the Welsh Ministers.
3
The Welsh Ministers must publish—
a
an authorisation given under sub-paragraph (1), and
b
details of any requirements, restrictions or other conditions specified by the Welsh Ministers in relation to the event.
4
The Welsh Ministers may withdraw an authorisation at any time by giving notice in writing to the person to whom the authorisation was given.
5
An authorisation may be withdrawn under sub-paragraph (4) only if the Welsh Ministers —
a
have reasonable grounds to believe that the event will not be held, or is not being held, in accordance with a requirement, restriction or other condition specified by them, or
b
consider that it is necessary and proportionate to withdraw the authorisation for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection by coronavirus.
F74PART 3Restrictions on travel
Sch. 4 Pt. 3 omitted (12.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(17)(a)
Restriction on travel to Alert Level 4 areaF746
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F70PART 3ARestrictions on attending schools and further education institutions
Sch. 4 Pt. 3A omitted (13.3.2021 immediately before the start of the day) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 5) Regulations 2021 (S.I. 2021/307), regs. 1(2), 2(7)(b)
Restriction on attending school premises6A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Restriction on attending further education premises6B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Enforcement6C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Interpretation of Part 3A6D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART 4Restrictions on certain businesses and services
CHAPTER 1Business and services whose premises must be closed but to which limited access may be allowed
Closure of food and drink businessesI787
1
A person responsible for carrying on a business which is listed in paragraphs 12 to 14 (food and drink businesses) must—
a
close to members of the public any premises operated as part of the business, and
b
not carry on business at such premises otherwise than in accordance with this paragraph.
2
Sub-paragraph (1) does not prevent—
a
the use of premises for—
i
the sale of food and drink for consumption off the premises, or
ii
services providing food or drink to homeless people;
b
the provision of room service at a hotel or other accommodation (where the hotel or other accommodation continues to operate in accordance with the exceptions allowed by paragraph 8);
c
a workplace canteen from being open where there is no practical alternative for staff at that workplace to obtain food or drink;
d
the carrying out of maintenance and repairs or other work to ensure premises are suitable for use when sub-paragraph (1) no longer applies to the premises.
3
For the purposes of sub-paragraph (1), an indoor area adjacent to the premises of the business where seating is made available for customers of the business (whether or not by the business) is to be treated as part of the premises of that business.
4
Where—
a
a person responsible for carrying on a business (“business A”) is required by virtue of this paragraph to cease carrying on business A at premises, and
b
business A forms part of a larger business (“business B”),
the requirement in this paragraph is complied with if the person responsible for carrying on business B ceases to carry on business A at the premises.
Closure of holiday or travel accommodationI798
1
A person responsible for carrying on a business which is listed in paragraphs 15 to 18 (holiday or travel accommodation) must—
a
close to members of the public any premises operated as part of the business, and
b
not carry on business at such premises otherwise than in accordance with this regulation.
2
Sub-paragraph (1) does not prevent—
a
carrying out maintenance and repairs or other work to ensure premises are suitable for use when sub-paragraph (1) no longer applies to the premises;
b
the use of premises for any purpose as may be requested or authorised by the Welsh Ministers or a local authority;
c
the provision of accommodation for any persons staying in that accommodation when this paragraph most recently began to apply to the area in which the accommodation is situated and who—
i
are unable to return to their main residence, or
ii
are using the accommodation as their main residence;
d
the use of premises to carry on the business by providing information or other services—
i
through a website, or otherwise by on-line communication,
ii
by telephone, including enquiries by text message, or
iii
by post.
3
Where—
a
a person responsible for carrying on a business (“business A”) is required by virtue of this paragraph to cease carrying on business A at premises, and
b
business A forms part of a larger business (“business B”),
the requirement in this paragraph is complied with if the person responsible for carrying on business B ceases to carry on business A at the premises.
Closure of community centres F79...I809
1
2
A community centre may be open—
a
to provide essential voluntary services, or
b
to provide public services upon the request of the Welsh Ministers or a local authority.
F823
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F824
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
In this paragraph, “public services” includes the provision of food banks or other support for homeless or vulnerable people, childcare, blood donation sessions or support in an emergency.
CHAPTER 2Businesses or services whose premises are required to be closed
Closure of businesses and servicesI8110
1
A person responsible for carrying on a business or providing a service which is listed in paragraphs 21 to 48 must—
a
close to members of the public any premises operated as part of the business or service, and
b
not carry on the business or service at such premises otherwise than in accordance with this paragraph.
2
Sub-paragraph (1) does not prevent—
a
carrying out maintenance and repairs or other work to ensure premises are suitable for use when sub-paragraph (1) no longer applies to the premises;
b
the use of premises for any purpose as may be requested or authorised by the Welsh Ministers or a local authority;
c
the use of premises to broadcast without an audience present at the premises (whether over the internet or as part of a radio or television broadcast) or to rehearse for such a broadcast;
d
the use of premises for the provision of goods or services (including their sale, hire, collection or delivery) in response to an order or enquiry made—
i
through a website, or otherwise by on-line communication,
ii
by telephone, including by text message, or
iii
by post;
e
the use of premises for the provision of information—
i
through a website, or otherwise by on-line communication,
ii
by telephone, including by text message, or
iii
by post.
3
Where—
a
a person responsible for carrying on a business (“business A”) is required by virtue of this paragraph to cease carrying on business A at premises, and
b
business A forms part of a larger business (“business B”),
the requirement in this paragraph is complied with if the person responsible for carrying on business B ceases to carry on business A at the premises.
CHAPTER 3Business and services whose premises are exempt from the requirement to close
Exemption from the requirement to be closedI8211
1
Despite the preceding provisions of this Part, premises operated by businesses or services listed in paragraphs 49 to 66 may continue to be open.
2
And shopping centres, shopping arcades and markets may be open to the public to the extent that this is required for access to a business or service listed in paragraphs 49 to 66.
3
A person responsible for premises authorised for the sale or supply of alcohol for consumption off the premises may not sell or supply alcohol between 10.00 p.m. and 6.00 a.m.
4
Sub-paragraph (3) does not allow the person responsible for the premises to sell or supply alcohol in contravention of an authorisation granted or given in respect of the premises.
CHAPTER 4List of closed premises
Closed premises
Food and drink businesses
I8312
Bars (including bars in members' clubs).
I8413
Public houses.
I8514
Cafes, canteens and restaurants (including workplace canteens and dining rooms in members' clubs).
Holiday or travel accommodation
I8615
Camping sites.
I8716
Holiday sites.
I8817
Hotels and bed and breakfast accommodation;
I8918
Other holiday accommodation (including holiday apartments, hostels and boarding houses).
Public services etc.
I9019
Community centres.
F8320
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I9121
Libraries and archive services.
Personal services etc.
I9222
Hair salons and barbers.
I9323
Nail and beauty salons including tanning and electrolysis services.
I9424
Body piercings and tattooing services.
Leisure and social etc.
I9525
Nightclubs, discotheques, dance halls or other venues authorised for the sale or supply of alcohol where live or recorded music is provided for members of the public or members of the venue to dance.
I9626
Sexual entertainment venues (within the meaning given by paragraph 2A of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982).
I9727
Cinemas.
I9828
Concert halls and theatres.
I9929
Casinos.
I10030
Bingo halls.
I10131
Amusement arcades.
I10232
Bowling alleys.
I10333
Indoor play centres or areas.
I10434
Funfairs, amusement parks and theme parks.
I10535
Holiday, leisure activity or events businesses.
I10636
Museums and galleries.
I10737
F124Ice skating rinks.
I10838
Trampoline parks and centres.
I10939
Enclosed or indoor skate parks and centres.
I11040
Spas.
I11141
Venues for events or conferences (including venues for weddings).
I11242
Visitor attractions.
Sports and exercise.
I11343
Sports or exercise facilities, including indoor fitness studios and gyms.
I11444
Swimming pools.
I11545
Sports courts, bowling greens, golf courses and enclosed sports grounds or pitches (whether outdoors or indoors).
Retail etc.
I11646
Any business offering goods or services for sale or hire in retail premises.
I11747
Shopping centres and shopping arcades.
I11848
Estate or letting agents F6and developer sales offices.
Exempt premises
Public services etc.
I11949
Dental services, opticians, audiology services, chiropody, chiropractors, osteopaths, physiotherapy services, acupuncture services and other medical or health services, including services relating to mental health.
I12050
Hospital libraries and libraries at educational establishments.
I12151
Funeral directors.
I12252
Veterinary surgeons.
Food and drink businesses
I12353
Cafés and canteens at a hospital, care home, school or within accommodation provided for students.
I12454
Canteens at a prison or an establishment intended for use for naval, military or air force purposes or for the purposes of the Department of the Secretary of State responsible for defence.
Retail etc.
I12555
Businesses offering the following goods for sale or hire in a shop—
a
food or drink for consumption off the premises (including food for pets and other domestic animals);
b
products essential for the storage, preparation or consumption of food or drink;
c
products for the essential upkeep, maintenance or functioning of the home or a workplace;
d
pharmaceutical products, health and personal care products, baby products (including clothing), toiletries and cosmetics;
e
newspapers and magazines;
f
bicycles and products essential for the use and maintenance of bicycles,
but only for the purposes of selling or hiring those goods.
I12656
Food markets, convenience stores, corner shops, pet shops, off licences and petrol stations.
I12757
Supermarkets and other shops that sell multiple types of goods but only for the purposes of—
a
selling the goods listed in paragraph 55;
b
selling goods of a type ordinarily sold by any of the businesses listed in paragraph 56;
c
selling other goods—
i
where it is not reasonably practicable to separate or demarcate those areas of a shop that ordinarily displays such goods from those areas that display the goods mentioned in paragraphs (a) and (b);
ii
on an exceptional basis where the goods are required in an emergency or on compassionate grounds.
I12858
Shops offering maintenance or repair services for telecommunications or information technology devices.
I12959
Building supplies and hardware stores.
I13060
Banks, building societies and other financial services providers.
I13161
Post offices.
I13262
Car repair and MOT services.
F3762A
Automatic car washes.
I13363
Livestock markets or auctions.
I13464
Laundrettes and dry cleaners.
I13565
Taxi or vehicle hire businesses.
I13666
Agricultural or aquacultural supplies shops.
SCHEDULE 5F39Areas F133...
Sch. 5 heading substituted (27.2.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 4) Regulations 2021 (S.I. 2021/210), regs. 1(2), 2(10)
Words in Sch. 5 heading omitted (3.5.2021 immediately before the start of the day) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 9) Regulations 2021 (S.I. 2021/542), regs. 1(2), 2(7)(a)
I1371
This is the table referred to in regulation 4(8)—
Column 1 | Column 2 | Column 3 |
|---|---|---|
Area | Alert Level of Area | |
1 | The whole of Wales | F2431 |
Temporary modificationsF1422
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F145SCHEDULE 5APersons exempt from the restrictions on leaving the United Kingdom, and the requirement to have a travel declaration form
Sch. 5A omitted (17.5.2021 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 10) Regulations 2021 (S.I. 2021/583), regs. 1(2), 2(17)
F1451
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1452
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1453
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1454
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1455
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1456
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1457
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1458
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1459
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14510
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14511
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14512
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14513
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14514
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14515
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14516
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14517
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14518
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7SCHEDULE 6Temporary modifications for Christmas: extended households and travel
Sch. 6 omitted (9.1.2021 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (Wales) Regulations 2021 (S.I. 2021/20), regs. 1(2), 8(8)
Christmas: temporary modifications to restrictions on gatherings in private dwellings and restrictions on travellingF71
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Definition of “Christmas period”F72
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Extended households during Christmas periodF73
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F74
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Transitional provision about extended householdsF75
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 7Regulated premises
I138Food and drink businesses
I1391
Bars (including bars in members' clubs).
I1402
Public houses.
I1413
Cafes, canteens and restaurants (including workplace canteens and dining rooms in members' clubs).
Holiday and travel accommodation
I1424
Camping sites.
I1435
Holiday sites.
I1446
Hotels and bed and breakfast accommodation.
I1457
Other holiday accommodation (including holiday apartments, hostels and boarding houses).
Public services etc.
I1468
Medical or health services.
I1479
Recycling and waste centres.
I14810
Community centres.
I14911
Libraries and archive services.
I15012
Places of worship.
I15113
Funeral directors.
I15214
Crematoriums.
I15315
Veterinary surgeons.
Personal services etc.
I15416
Hair salons and barbers.
I15517
Nail and beauty salons including tanning and electrolysis services.
I15618
Body piercings and tattooing services.
Leisure and social etc.
I15719
Cinemas.
I15820
Concert halls and theatres.
I15921
Casinos.
I16022
Bingo halls.
I16123
Amusement arcades.
I16224
Bowling alleys.
I16325
Indoor play centres or areas.
I16426
Playgrounds.
I16527
Funfairs, amusement parks and theme parks.
I16628
Holiday, leisure activity or events businesses.
I16729
Museums and galleries.
I16830
F125Ice skating rinks.
I16931
Trampoline parks and centres.
I17032
Indoor skate parks and centres.
I17133
Spas.
I17234
Venues for events or conferences (including venues for weddings).
I17335
Visitor attractions.
Sports and exercise
I17436
Sports or exercise facilities, including indoor fitness studios and gyms.
I17537
Swimming pools.
I17638
Sports courts, bowling greens, golf courses and enclosed sports grounds or pitches (whether outdoors or indoors).
Retail etc.
I17739
Any business offering goods or services for sale or hire in retail premises, including—
a
auction houses;
b
car dealerships;
c
markets;
d
betting shops;
e
garden centres and plant nurseries;
f
pharmacies (including non-dispensing pharmacies) and chemists;
g
banks, building societies and other financial services providers;
h
post offices;
i
car repair and MOT services;
j
livestock markets or auctions;
k
laundrettes and dry cleaners;
l
petrol stations;
m
taxi or vehicle hire businesses.
I17840
Shopping centres and shopping arcades.
I17941
Storage and distribution facilities, including delivery drop off points.
I18042
Estate or letting agents, developer sales offices and show homes.
SCHEDULE 8Enforcement of requirement to take preventative measures on regulated premises
Premises improvement noticeI1811
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 16 F14, 17 or 17A, 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 16 F15, 17 or 17A;
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 15(2).
Premises closure noticeI1822
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 16 F16, 17 or 17A, 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 16 F17, 17 or 17A,
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 16 F18, 17 or 17A,
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 672 hours (28 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.
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, or
ii
proceedings have been brought for an offence,
in relation to that failure,
the enforcement officer may nevertheless issue a premises closure notice under sub-paragraph (1).
Effect of premises closure noticeI1833
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 16 and, where relevant, regulation 17 F19or 17A 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.
Termination of premises improvement or closure noticeI1844
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 16 and, where relevant, regulation 17 F20or 17A 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.
AppealsI1855
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.
Issuing premises improvement and closure notices and terminationsI1866
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.
Publicising premises improvement and closure noticesI1877
1
This regulation applies where an enforcement officer has issued a premises improvement notice or a premises closure notice.
F1262
As soon as reasonably practicable after issuing the notice, the enforcement officer must—
a
display in a prominent place near every entrance to the premises—
i
a copy of the notice, or information about where the notice can be found, and
ii
a sign in the form set out in Schedule 9;
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 F127... sign displayed under sub-paragraph (2)(a) must be at least A4 size.
F1284
The following must continue to be displayed or published (as the case may be) in accordance with sub-paragraph (2) for as long as the notice has effect—
a
the copy of the notice or the information about where the notice can be found;
b
the sign.
Production of documents etc.I1888
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.
SCHEDULE 9Form of sign to accompany premises improvement notice or premises closure notice
Sign to be displayed with premises improvement notice
I1891
F1291
A sign to be displayed under paragraph 7(2)(a)(ii) in conjunction with the issue of a premises improvement notice 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.
Sign to be displayed with premises closure notice
I1902
F1301
A sign to be displayed under paragraph 7(2)(a)(ii) in conjunction with the issue of a premises closure notice 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.
1984 c. 22. Sections 45C, 45F and 45P were inserted by section 129 of the Health and Social Care Act 2008 (c. 14). The functions under these sections are conferred on “the appropriate Minister”. Under section 45T(6) of the 1984 Act the appropriate Minister, as respects Wales, is the Welsh Ministers.