SCHEDULE 4Alert Level 4 Restrictions
PART 1Restrictions on movement and gathering with others
Requirement to stay at homeI11
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, F25...
iii
with the person's carer F26, or
F24iv
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 peopleI22
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 householdsI33
1
A F11well-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 F13members of the households must agree.
3
A household may only agree to be treated as being in 1 extended household F3at any one time.
4
Where a F12well-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,
F4(“the previous extended household”), an agreement under this paragraph may be made only between the F12well-being needs household and 1 of those other households F5unless a period of at least 10 days has expired since any member of the F12well-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
F155A
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 F7part of an extended household, the household may not agree to be treated as F7part of an extended household with any other household F8unless 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.
F108
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 eventsI44
F301
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.
F312
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 F3230 people are present at the event at any time;
F29c
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 eventsI55
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.
F17PART 3Restrictions on travel
Restriction on travel to Alert Level 4 areaF176
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16PART 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 businessesI67
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 accommodationI78
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 F18...I89
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.
F213
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F214
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 servicesI910
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 closedI1011
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
I1112
Bars (including bars in members' clubs).
I1213
Public houses.
I1314
Cafes, canteens and restaurants (including workplace canteens and dining rooms in members' clubs).
Holiday or travel accommodation
I1415
Camping sites.
I1516
Holiday sites.
I1617
Hotels and bed and breakfast accommodation;
I1718
Other holiday accommodation (including holiday apartments, hostels and boarding houses).
Public services etc.
I1819
Community centres.
F2220
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I1921
Libraries and archive services.
Personal services etc.
I2022
Hair salons and barbers.
I2123
Nail and beauty salons including tanning and electrolysis services.
I2224
Body piercings and tattooing services.
Leisure and social etc.
I2325
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.
I2426
Sexual entertainment venues (within the meaning given by paragraph 2A of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982).
I2527
Cinemas.
I2628
Concert halls and theatres.
I2729
Casinos.
I2830
Bingo halls.
I2931
Amusement arcades.
I3032
Bowling alleys.
I3133
Indoor play centres or areas.
I3234
Funfairs, amusement parks and theme parks.
I3335
Holiday, leisure activity or events businesses.
I3436
Museums and galleries.
I3537
F23Ice skating rinks.
I3638
Trampoline parks and centres.
I3739
Enclosed or indoor skate parks and centres.
I3840
Spas.
I3941
Venues for events or conferences (including venues for weddings).
I4042
Visitor attractions.
Sports and exercise.
I4143
Sports or exercise facilities, including indoor fitness studios and gyms.
I4244
Swimming pools.
I4345
Sports courts, bowling greens, golf courses and enclosed sports grounds or pitches (whether outdoors or indoors).
Retail etc.
I4446
Any business offering goods or services for sale or hire in retail premises.
I4547
Shopping centres and shopping arcades.
I4648
Estate or letting agents F1and developer sales offices.
Exempt premises
Public services etc.
I4749
Dental services, opticians, audiology services, chiropody, chiropractors, osteopaths, physiotherapy services, acupuncture services and other medical or health services, including services relating to mental health.
I4850
Hospital libraries and libraries at educational establishments.
I4951
Funeral directors.
I5052
Veterinary surgeons.
Food and drink businesses
I5153
Cafés and canteens at a hospital, care home, school or within accommodation provided for students.
I5254
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.
I5355
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.
I5456
Food markets, convenience stores, corner shops, pet shops, off licences and petrol stations.
I5557
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.
I5658
Shops offering maintenance or repair services for telecommunications or information technology devices.
I5759
Building supplies and hardware stores.
I5860
Banks, building societies and other financial services providers.
I5961
Post offices.
I6062
Car repair and MOT services.
F962A
Automatic car washes.
I6163
Livestock markets or auctions.
I6264
Laundrettes and dry cleaners.
I6365
Taxi or vehicle hire businesses.
I6466
Agricultural or aquacultural supplies shops.
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)