SCHEDULE 2Alert Level 2 Restrictions
PART 1Restrictions on gathering
Restriction on gatherings in private dwellingsI31
F451
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.
F191A
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 F2sub-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 F21, 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;
F49b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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;
F16ba
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 placesI42
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
F25aa
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F26b
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 F11or extended household.
F443A
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 F23sub-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.
F35j
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;
F51e
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 F14a regulated gathering that takes place F5to any extent indoors and at which—
i
ii
no alcohol is consumed;
j
participating in or facilitating F18a regulated gathering that takes place F28... outdoors and at which—
F31i
no more than 50 people are in attendance, not counting persons under the age of 11 or persons working, or providing voluntary services, F10at 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;
F43k
participating in or facilitating an F41regulated 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 householdsI63
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 F20well-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 F53members of the households must agree.
4
A household may only agree to be treated as being in 1 extended household F55at any one time.
F405
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
F33aa
paragraph 4 of Schedule 3A F22(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
F247A
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 F54part of an extended household, the household may not agree to be treated as F54part of an extended household with any other household F1unless 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.
F310
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 eventsI84
F121
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.
F92
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 F37at 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, F4... 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, F29... 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).
F27i
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.
F362A
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 F1750 people are present at the event at any time;
F13c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Authorised eventsI55
F391
The Welsh Ministers may give authorisation in writing for an event to be held.
F522
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
F424A
A requirement, restriction or other condition specified by the Welsh Ministers in an authorisation given under sub-paragraph (1) may modify F34regulation 16 (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.
F6PART 3Restrictions on travelling
Restriction on travel to and from Alert Level 2 areaF66
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART 4Restrictions on certain businesses and services
Closure of premises used by certain businesses and servicesI17
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 F48... ;
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 premisesF78
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Businesses or services whose premises must be closedI79
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.
I210
Sexual entertainment venues (within the meaning given by paragraph 2A of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982).
F3811
Ice skating rinks.
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)