SCHEDULE 2Alert Level 2 Restrictions

Regulation 4(3)

PART 1Restrictions on gathering

Restriction on gatherings in private dwellingsF291

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Restriction on gatherings in public placesI12

1

No person may, without a reasonable excuse, participate in a gathering which

F30a

takes place indoors, or outdoors in regulated premises, other than in a private dwelling, and

b

consists of more than F96 people, not including

i

any children under the age of 11 F10, 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

ii

the carer of a person who is participating in the gathering.

F312

But a person may participate in such a gathering if all the persons participating in the gathering are members of the same household.

2A

No person may, without a reasonable excuse, participate in a gathering which—

a

takes place outdoors other than—

i

in regulated premises, or

ii

in a private dwelling, and

b

consists of more than 50 people, not including—

i

any child under the age of 11 ,

ii

the carer of a person who is participating in the gathering, or

iii

where the gathering is regulated (see regulation 57(7)), persons working, or providing voluntary services, in relation to the holding of the gathering.

F323

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F333A

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F343B

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4

For the purposes of sub-paragraphs (1) F35, (2A) 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.

F3j

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;

F4e

participating in F36a gathering at 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 F371 December 2021;

ii

celebrate the life of a deceased person whose funeral is held on or after F381 December 2021;

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 F11a regulated gathering that takes place F19to any extent indoors and at which—

i

no more than F530 people are in attendance, not counting persons under the age of 11 or persons working, or providing voluntary services, F12at the gathering, and

ii

no alcohol is consumed;

j

participating in or facilitating F13a regulated gathering that takes place F20... outdoors and at which—

F6i

no more than 50 people are in attendance, not counting persons under the age of 11 or persons working, or providing voluntary services, F14at 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;

F8k

participating in or facilitating an F15regulated gatheringF39... for the development or well-being of F40children (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.

F418

For the purposes of this paragraph, a gathering in holiday or travel accommodation is to be treated as if it were a gathering in a private dwelling.

Extended householdsF423

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PART 2Restrictions on organising events

Prohibition on organising eventsI24

F21F431

No person may, without a reasonable excuse, be involved in organising an event unless—

a

the event is held outdoors,

b

no more than 50 people attend at any time, and

c

if the event is held on regulated premises, no alcohol is consumed.

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.

F222

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 F44regulation 37(2);

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

F45a gathering at 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 F461 December 2021;

ii

celebrate the life of a deceased person whose funeral is held on or after F471 December 2021;

f

a regulated gathering that takes place to any extent indoors and at which—

i

no more than 30 people are in attendance, F26... and

ii

no alcohol is consumed;

F48g

a regulated gathering that takes place outdoors for the purposes of protest, or picketing carried out in accordance with the Trade Union and Labour Relations (Consolidation) Act 1992;

h

a regulated gatheringF49... 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 F50... 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;

F51m

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F242A

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 F2350 people are present at the event at any time;

F25c

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F25d

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Authorised eventsI35

F171

The Welsh Ministers may give authorisation in writing for an event to be held.

F182

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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.

F164A

A requirement, restriction or other condition specified by the Welsh Ministers in an authorisation given under sub-paragraph (1) may modify F28regulation 16F52, 16ZA or 16ZB (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.

F2PART 3Restrictions on travelling

Annotations:

Restriction on travel to and from Alert Level 2 areaF26

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PART 4Restrictions on certain businesses and services

Closure of premises used by certain businesses and servicesI47

1

A person responsible for carrying on or providing a business or service listed in paragraph 9 F53... 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 F1... ;

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

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Businesses or services whose premises must be closedI59

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.

Annotations:
Commencement Information
I5

Sch. 2 para. 9 in force at 20.12.2020, see reg. 1(3)

F5410

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F5511

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