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

Changes over time for: Section 16A

Version Superseded: 15/12/2021

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Point in time view as at 11/12/2021. This version of this provision has been superseded.

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[F1Specific measures applicable to [F2specified hospitality and entertainment venues and premises] at which specified events are heldE+W

16A.—(1) Where regulation 16(1) applies to a person responsible for premises described in paragraph (2), the reasonable measures to be taken by the responsible person under Step 3 of that regulation must include measures to ensure that a person aged 18 or over is only permitted to be present on the premises if the person possesses evidence—

(a)complying with the requirements in paragraph (6), that the person has completed a course of doses of an authorised vaccine,

(b)that the person has participated in, or is participating in, a clinical trial, within the meaning of regulation 2(1) of the Medicines for Human Use (Clinical Trials) Regulations 2004, of a vaccine for vaccination against coronavirus carried out in the United Kingdom in accordance with the requirements of those Regulations,

(c)of a negative result from a qualifying test taken by the person no more than 48 hours before the person enters the premises, or

(d)of a positive result from a polymerase chain reaction test taken by the person no more than 180 days and no less than 10 days before the person enters the premises.

(2) The premises referred to in paragraph (1) are—

(a)premises that meet all of the following conditions—

(i)the premises are authorised for the sale or supply of alcohol,

(ii)the premises provide live or recorded music for members of the public or members of the venue to dance, including nightclubs, discotheques and dance halls, and

(iii)the premises are open at any time between midnight and 5.00 a.m. (however where this condition is met, the requirement in paragraph (1) applies to the premises at any time they are open, subject to paragraph (3)(a) or (e));

(b)premises at which an event is taking place and more than 10,000 people are in attendance at any time;

(c)premises at which an event is taking place to any extent indoors, where—

(i)more than 500 people are in attendance at any time, and

(ii)not all the persons attending the event are normally seated during the event;

(d)premises at which an event is taking place outdoors, where—

(i)more than 4,000 people are in attendance at any time, and

(ii)not all the persons attending the event are normally seated during the event.

[F3(e)a cinema, other than a drive-in cinema;

(f)a concert hall or theatre, other than a drive-in theatre.]

(3) But paragraph (1) does not apply to premises—

(a)of a kind described in paragraph (2)(a) at any time when music is not being provided for members of the public or members of the venue to dance;

(b)at which an event is held outdoors, where—

(i)a person is not required to obtain a ticket or pay a fee in order to gain entry to the event, and

(ii)there are two or more points of entry for persons attending the event;

(c)at which a protest, or picketing carried out in accordance with the Trade Union and Labour Relations (Consolidation) Act 1992, is being held;

(d)at which a mass participation sporting event is being held outdoors, such as a marathon, cycling race or triathlon;

(e)used for the celebration of—

(i)a solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony, or

(ii)the life of a deceased person,

at any time when they are used for any of those purposes.

(4) In paragraph (1) the reference to a person aged 18 or over does not include a person working or providing voluntary services at the premises.

(5) For the purposes of paragraph (2)(b) to (d), a person working, or providing voluntary services at the event, is not to be treated as being in attendance at the event.

(5A) For the purposes of paragraph (2)(c), a person participating in a religious service in premises ordinarily used as a place of worship is to be treated as being normally seated.

(6) For the purposes of paragraph (1)(a), the evidence that a person has completed a course of doses of an authorised vaccine must—

(a)show that—

F4(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)the day on which the person enters the premises is more than 14 days after the day on which the person completed that course of doses;

(b)in relation to a course of doses of vaccines administered in the United Kingdom, be provided to the person by or on behalf of the Government of the United Kingdom, the Scottish Ministers, the Welsh Ministers or a Northern Ireland department (including by means of letter, text message, e-mail, the NHS COVID Pass website or the NHS smartphone app developed and operated by the Secretary of State);

(c)in relation to a course of doses of vaccines administered [F5otherwise than in the United Kingdom], be the EU digital COVID certificate, [F6a certificate of COVID-19 records issued by an approved third country or territory,] the Centers for Disease Control and Prevention vaccination card, [F7a North American Certificate] or a vaccine certificate relating to the person.

(7) For the purposes of paragraph (1)(d), where a person has isolated for a period of less than 10 days calculated in accordance with regulation 6(5) or 7(5), the reference to “10 days” is to be treated as a reference to the number of days for which the person was required to isolate.

[F8(8) For the purposes of this regulation, where a person has received a course of doses that consists of one dose of an authorised vaccine under the United Kingdom vaccine roll-out overseas and one dose of an authorised vaccine otherwise than under the United Kingdom vaccine roll-out overseas, the person is deemed to have completed a course of doses of a vaccine under the United Kingdom vaccine roll-out overseas.]

(9) For the purposes of this regulation—

(a)a test is a qualifying test if it is capable of detecting the presence of coronavirus, and is—

(i)a polymerase chain reaction test provided or administered under the National Health Service Act 2006, the National Health Service (Wales) Act 2006, the National Health Service (Scotland) Act 1978, or the Health and Personal Social Services (Northern Ireland) Order 1972, or

(ii)a lateral flow test, the results of which may be submitted through the NHS public reporting system

[F9(b) a person has completed a course of doses if—]

(i)the person has received the complete course of doses specified—

( aa)in the summary of product characteristics approved as part of the marketing authorisation for the authorised vaccine, or

( bb)in the instructions for usage approved as part of the authorisation by the licensing authority on a temporary basis under regulation 174 of the Human Medicines Regulations 2012 for the authorised vaccine F10...

(ii)the person has received a dose of one authorised vaccine and a dose of a different authorised vaccine [F11, or]

[F12(iii)the person has received at least two doses of any vaccine referred to in paragraph (iv) of the definition of authorised vaccine in paragraph (10)(a)];

(c)in relation to a course of doses administered under the United Kingdom vaccine roll-out overseas, a person has completed the course of doses if—

(i)the person has received the complete course of doses of the vaccine as specified in the manufacturer’s guidance for that vaccine, or

(ii)the person has received a dose of one vaccine and a dose of a different vaccine.

(10) In this regulation—

(a)“authorised vaccine” means a medicinal product for vaccination against coronavirus F13...—

(i)in relation to doses received in the United Kingdom [F14, authorised]—

(aa)for supply in the United Kingdom in accordance with a marketing authorisation, or

(bb)by the licensing authority on a temporary basis under regulation 174 of the Human Medicines Regulations 2012;

(ii)in relation to doses received in a relevant country listed in the first column of the table in paragraph (11), [F15authorised] for supply in that country following evaluation by the relevant regulator for the country;

[F16(iii)in relation to doses received in any other country or territory (including a relevant country listed in paragraph (12)), which would be authorised as provided for in paragraph (i)(aa) or (bb) if the doses were received in the United Kingdom;

(iv)in relation to doses received in any country in the world, those vaccines which are—

(aa)listed in lines 10, 11 or 13 of the Guidance Document “Status of COVID-19 Vaccines within WHO EUL/PQ evaluation process” published by the World Health Organisation on 11 November 2021, and

(bb)authorised or certified in a regulated country listed in paragraph (12);]

[F17(aa)“EU Digital COVID Certificate” means a certificate of COVID-19 records issued by an EEA state, a member State of the European Free Trade Association, Andorra, Monaco, San Marino or the Vatican City State;]

(b)“the licensing authority” has the meaning given in regulation 6(2) of the Human Medicines Regulations 2012;

(c)“marketing authorisation” means—

(i)in relation to a vaccine authorised for supply in the United Kingdom or in a member State, has the meaning given in regulation 8(1) of the Human Medicines Regulations 2012;

(ii)in relation to a vaccine authorised for supply in a relevant country listed in the first column of the table in paragraph (11) other than a member State, means a marketing authorisation granted by the relevant regulator for the country;

[F18(ca)“North American Certificate” means—

(i)Excelsior Pass Plus (New York);

(ii)Digital COVID-19 Vaccine Record (California);

(iii)WA Verify (Washington state);]

(d)“relevant country” means a country listed in the first column of the table in paragraph (11) or a country or territory listed in paragraph (12);

(e)“relevant regulator” in relation to a relevant country, means the regulator identified in the corresponding row of the second column of the table in paragraph (11), and a reference to a regulator in that table is a reference to the regulatory authority of that name designated as a Stringent Regulatory Authority by the World Health Organization pursuant to the operation of the COVAX Facility;

(f)“United Kingdom vaccine roll-out overseas” means the administration of vaccine against coronavirus to—

(i)Crown servants (within the meaning given in section 12(1)(a) to (e) of the Official Secrets Act 1989), government contractors (within the meaning given in section 12(2) of the Official Secrets Act 1989) or other personnel posted or based overseas and their dependants under the scheme known as the Foreign, Commonwealth and Development Office staff COVID-19 vaccination programme,

(ii)residents of the British overseas territories, the Channel Islands and the Isle of Man, as part of a programme agreed in the overseas territory with the United Kingdom government, or

(iii)military or civilian personnel, government contractors and their dependants at a military posting overseas, including the British overseas territories, the Channel Islands and the Isle of Man, under the vaccination scheme provided or approved by the UK Defence Medical Services.

(g)“vaccine certificate” means a certificate in English, French or Spanish issued by the competent health authority of Australia, Canada or a relevant country listed in paragraph (12) which contains—

(i)the person’s full name;

(ii)the person’s date of birth;

(iii)the name and manufacturer of the vaccine that the person has received;

(iv)the date that the person received each does of the vaccine;

(v)details of either the identity of the issuer of the certificate or the country of vaccination, or both.

(11) The table referred to in the definitions of “relevant country” and “relevant regulator” follows—

Relevant country	Relevant regulator
a member State	European Medicines Agency
Andorra	European Medicines Agency
Australia	The Therapeutic Goods Administration
Canada	Health Canada
Iceland	European Medicines Agency
Liechtenstein	European Medicines Agency
Monaco	European Medicines Agency
Norway	European Medicines Agency
San Marino	European Medicines Agency
Switzerland	Swissmedic
the United States of America	United States Food and Drug Administration
Vatican City State	European Medicines Agency