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

PART 1 E+W Restrictions on movement and gathering with others

Requirement to stay at home E+W

1.—(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, or

(iii) with the person's carer;

(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.

Commencement Information

I1 Sch. 4 para. 1 in force at 20.12.2020, see reg. 1(3)

Requirement not to gather with other people E+W

2.—(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.

Commencement Information

I2 Sch. 4 para. 2 in force at 20.12.2020, see reg. 1(3)

Extended households E+W

3.—(1) A single adult household and another household may agree to be treated as an extended household.

(2) To agree to be treated as an extended household, all of the adult members of the 2 households must agree.

(3) A household may only agree to be treated as being in 1 extended household.

(4) Where a single adult 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,

an agreement under this paragraph may be made only between the single adult household and 1 of those other households.

(5) A household ceases to be treated as being in an extended household if any adult member of the household ceases to agree to be treated as being in the extended household.

(6) If a household ceases to be treated as being in an extended household, the household may not agree to be treated as being in an extended household with any other household.

(7) In this Schedule, references to an extended household are references to an extended household formed under or by virtue of this paragraph.

Commencement Information

I3 Sch. 4 para. 3 in force at 20.12.2020, see reg. 1(3)