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

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Point in time view as at 27/03/2021.

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There are currently no known outstanding effects for the The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020. Help about Changes to Legislation

Regulation 4(2)

SCHEDULE 1E+WAlert Level 1 Restrictions

PART 1E+WRestrictions on gathering

Restriction on gatherings in private dwellingsE+W

1.—(1) No person may, without a reasonable excuse, participate in a gathering in a private dwelling which consists of more than 6 people unless all the persons participating in the gathering are members of the same household or extended household.

(2) In determining, for the purposes of sub-paragraph (1), the number of persons participating in a gathering no account is to be taken of—

(a)any children under the age of 11, 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;

(b)working or providing voluntary or charitable services;

(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.

(6) This paragraph does not apply to a person who is homeless.

Commencement Information

I1Sch. 1 para. 1 in force at 20.12.2020, see reg. 1(3)

Restriction on gatherings in public placesE+W

2.—(1) No person may, without a reasonable excuse, participate in a gathering which takes place other than in a private dwelling—

(a)indoors, or outdoors in regulated premises, which consists of more than 6 people unless all the persons participating in the gathering are members of the same household;

(b)outdoors in premises that are not regulated premises, which consists of more than 30 people unless all the persons participating in the gathering are members of the same household or extended household.

(2) In determining, for the purposes of sub-paragraph (1), the number of persons participating in a gathering no account is to be taken of—

(a)any children under the age of 11, 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;

(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.

(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;

(c)attending a solemnisation of a marriage, formation of a civil partnership or an 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)participating in a gathering of no more than 50 people at regulated premises, not counting 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 takes place on or after 22 August 2020;

(ii)celebrate the life of a deceased person whose funeral is held on or after 22 August 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 an indoor organised activity at which—

(i)no more than 50 people are in attendance, not counting persons under the age of 11 or persons working, or providing voluntary services, as part of the activity, and

(ii)no alcohol is consumed;

(j)participating in or facilitating an outdoor organised activity at which—

(i)no more than 100 people are in attendance, not counting persons under the age of 11 or persons working, or providing voluntary services, as part of the activity, and

(ii)no alcohol is consumed;

(k)participating in or facilitating an organised activity 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);

(l)attending or facilitating an event authorised by the Welsh Ministers in accordance with paragraph 5.

Commencement Information

I2Sch. 1 para. 2 in force at 20.12.2020, see reg. 1(3)

Extended householdsE+W

3.—(1) Up to 3 households may agree to be treated as an extended household.

(2) In addition to the up to 3 households who may agree to be treated as an extended household under sub-paragraph (1), 1 [F1well-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 F2... members of the households must agree.

(4) A household may only agree to be treated as being in 1 extended household [F3at any one time].

(5) Where households have agreed to be treated as an extended household under—

(a)paragraph 3 of Schedule 2,

(b)paragraph 3 of Schedule 3, or

(c)paragraph 3 of Schedule 4,

those households are to be treated as having agreed to be treated as an extended household under this paragraph.

(6) A household ceases to be treated as [F4part of] an extended household if any F5... member of the household ceases to agree to be treated as [F4part of] the extended household.

[F6(6A) Sub-paragraph (6B) 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.

(6B) 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 (6) if P ceases to agree to be treated as part of the extended household (whether or not the child also ceases to agree).]

(7) 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].

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

[F9(9) 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.]

Textual Amendments

F1Words in Sch. 1 para. 3(2) substituted (13.3.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 5) Regulations 2021 (S.I. 2021/307), regs. 1(2), 2(4)(a)(i)

F2Words in Sch. 1 para. 3(3) 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(4)(a)(ii)

F5Word in Sch. 1 para. 3(6) 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(4)(a)(iii)

Commencement Information

I3Sch. 1 para. 3 in force at 20.12.2020, see reg. 1(3)

PART 2E+WRestrictions on organising events

Prohibition on organising eventsE+W

4.—(1) No person may, without a reasonable excuse, be involved in organising—

(a)an event held wholly or mainly indoors at which more than 50 people are in attendance, or

(b)an event held wholly or mainly outdoors at which more than 100 people are in attendance,

not counting persons under the age of 11 or persons working, or providing voluntary services, at the event.

(2) Sub-paragraph (1) does not apply to a person involved in organising an event authorised by the Welsh Ministers under paragraph 5.

(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 50 or 100 people are in attendance, as the case may be;

(c)the following are not to be treated as events—

(i)the showing of a film;

(ii)a performance at a theatre;

(iii)a market;

(iv)a religious service;

(v)an elite sporting event at which the only people present are elite athletes and persons working or providing voluntary services at the event.

Commencement Information

I4Sch. 1 para. 4 in force at 20.12.2020, see reg. 1(3)

Authorised eventsE+W

5.—(1) The Welsh Ministers may give authorisation in writing for an event to be held—

(a)at which more than 50 people are in attendance where the event takes place wholly or mainly indoors, or

(b)at which more than 100 people are in attendance where the event takes place wholly or mainly outdoors;

(2) References in sub-paragraph (1) to numbers of people do not include persons under the age of 11 or persons working, or providing voluntary services, at the event.

(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.

(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.

Commencement Information

I5Sch. 1 para. 5 in force at 20.12.2020, see reg. 1(3)

PART 3E+WRestrictions on travelling

Restriction on travel to and from Alert Level 1 areaE+W

6.—(1) No person living in—

(a)a restricted UK area, or

(b)an Alert Level 3 or Alert Level 4 area,

may enter or remain in an Alert Level 1 area without a reasonable excuse.

(2) No person living in an Alert Level 1 area may, without a reasonable excuse, leave the area for the purposes of entering or remaining in—

(a)a restricted UK area;

(b)an Alert Level 3 or Alert Level 4 area.

(3) For the purposes of sub-paragraphs (1) and (2), a person has a reasonable excuse if—

(a)the person enters or leaves the area for a purpose that is reasonably necessary and there is no reasonably practicable alternative;

(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 enter or leave the area 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 participating 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;

(j)obtaining—

(i)food and medical supplies for those in the same household (including animals in the household) or for vulnerable persons;

(ii)supplies for the essential upkeep, maintenance and functioning of the household, or the household of a vulnerable person;

(k)obtaining money from or depositing money with any business or service listed in paragraph 39(g) of Schedule 7;

(l)participating in or facilitating an organised activity 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).

(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;

(c)attending a solemnization 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)an elite athlete F10... and is travelling for the purposes of training or competition;

(f)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;

(g)travelling to vote in an election;

(h)travelling on a journey which—

(i)in relation to the restriction in sub-paragraph (1), begins and ends outside the area, or

(ii)in relation to the restriction in sub-paragraph (2), ends in an area which the person is not prohibited from entering or remaining in under that sub-paragraph,

provided that the person takes all reasonably practicable measures to minimise any stops during the journey;

(i)travelling to participate in a gathering with the person's extended household in accordance with any restrictions on gatherings applicable where the gathering takes place.

Textual Amendments

Commencement Information

I6Sch. 1 para. 6 in force at 20.12.2020, see reg. 1(3)

PART 4E+WRestrictions on certain businesses and services

Closure of premises used by certain businesses and servicesE+W

7.—(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 F11... ;

(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.

Textual Amendments

F11Words in Sch. 1 para. 7(2)(c) 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(4)(b)

Commencement Information

I7Sch. 1 para. 7 in force at 20.12.2020, see reg. 1(3)

Restrictions on licensed premisesE+W

8.—(1) A person responsible for premises which are authorised for the sale or supply of alcohol may not sell or supply alcohol between 10.00 p.m. and 6.00 a.m.

(2) Where the premises are authorised for the sale or supply of alcohol for consumption on the premises, the person responsible for the premises—

(a)must close the premises (to customers) at or before 10.20 p.m. each day, and

(b)may not open the premises before 6.00 a.m. each day.

(3) Despite sub-paragraph (2), a cinema or theatre may close later than 10.20 p.m. but only for the purpose of concluding—

(a)the showing of a film, or

(b)a performance,

which begins before 10.00 p.m.

(4) Sub-paragraph (2) does not apply to—

(a)premises located in—

(i)a sea port;

(ii)an airport;

(iii)an educational establishment;

(b)workplace canteens.

(5) In its application to the premises of holiday or travel accommodation, sub-paragraph (2) applies only to those parts of the premises in which alcohol is sold or supplied for consumption on the premises.

(6) Sub-paragraphs (1) and (2) do not allow the premises to be open, or alcohol to be sold or supplied, in contravention of an authorisation granted or given in respect of the premises.

(7) Where regulated premises not authorised for the sale or supply of alcohol for consumption on the premises allow customers to consume their own alcohol on the premises, sub-paragraphs (2) to (4) apply to those premises as they apply to premises that are authorised for the sale or supply of alcohol for consumption on the premises.

Commencement Information

I8Sch. 1 para. 8 in force at 20.12.2020, see reg. 1(3)

Businesses or services whose premises must be closedE+W

9.  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.

Commencement Information

I9Sch. 1 para. 9 in force at 20.12.2020, see reg. 1(3)

10.  Sexual entertainment venues (within the meaning given by paragraph 2A of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 M1).E+W

Commencement Information

I10Sch. 1 para. 10 in force at 20.12.2020, see reg. 1(3)

Marginal Citations

M11982 c. 30. Paragraph 2A of Schedule 3 was inserted by section 27(3) of the Policing and Crime Act 2009 (c. 26).

Regulation 4(3)

SCHEDULE 2E+WAlert Level 2 Restrictions

PART 1E+WRestrictions on gathering

Restriction on gatherings in private dwellingsE+W

1.—(1) No person may, without a reasonable excuse, participate in a gathering in a private dwelling—

(a)indoors, with any other person apart from members of their household or extended household

(b)outdoors, which consists of more than 4 people unless all the persons participating in the gathering are members of the same household or extended household.

(2) In determining, for the purposes of sub-paragraph (1)(b), the number of persons participating in a gathering no account is to be taken of—

(a)any children under the age of 11, 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;

(b)working or providing voluntary or charitable services;

(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;

(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.

Commencement Information

I11Sch. 2 para. 1 in force at 20.12.2020, see reg. 1(3)

Restriction on gatherings in public placesE+W

2.—(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

(b)consists of more than 4 people, not including

(i)any children under the age of 11, or

(ii)the carer of a person who is participating in the gathering.

(2) But a person may participate in such a gathering which—

(a)takes place indoors or in any part of regulated premises that is outdoors, if all the persons participating in the gathering are members of the same household, or

(b)takes place outdoors other than in regulated premises, if all the persons participating in the gathering are—

(i)members of the same household, or

(ii)members of the same 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.

(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.

(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;

(e)participating in a gathering of no more than 15 people at regulated premises, not counting 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 takes place on or after 22 August 2020;

(ii)celebrate the life of a deceased person whose funeral is held on or after 22 August 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 an indoor organised activity at which—

(i)no more than 15 people are in attendance, not counting persons under the age of 11 or persons working, or providing voluntary services, as part of the activity, and

(ii)no alcohol is consumed;

(j)participating in or facilitating an outdoor organised activity at which—

(i)no more than 30 people are in attendance, not counting persons under the age of 11 or persons working, or providing voluntary services, as part of the activity, and

(ii)no alcohol is consumed;

(k)participating in or facilitating an organised activity 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);

(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.

Commencement Information

I12Sch. 2 para. 2 in force at 20.12.2020, see reg. 1(3)

Extended householdsE+W

3.—(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 [F12well-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 [F13members of the households] must agree.

(4) A household may only agree to be treated as being in 1 extended household [F14at any one time].

[F15(5) 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

(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) A household ceases to be treated as [F16part of] an extended household if any F17... member of the household ceases to agree to be treated as [F16part of] the extended household.

[F18(7A) 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 [F19part of] an extended household, the household may not agree to be treated as [F19part of] an extended household with any other household [F20unless 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.

[F21(10) 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.]

Textual Amendments

F12Words in Sch. 2 para. 3(2) substituted (13.3.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 5) Regulations 2021 (S.I. 2021/307), regs. 1(2), 2(5)(a)(i)

F13Words in Sch. 2 para. 3(3) substituted (13.3.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 5) Regulations 2021 (S.I. 2021/307), regs. 1(2), 2(5)(a)(ii)

F17Word in Sch. 2 para. 3(7) 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(5)(a)(iii)

Commencement Information

I13Sch. 2 para. 3 in force at 20.12.2020, see reg. 1(3)

PART 2E+WRestrictions on organising events

Prohibition on organising eventsE+W

4.—(1) No person may, without a reasonable excuse, be involved in organising—

(a)an event held wholly or mainly indoors at which more than 15 people are in attendance, or

(b)an event held wholly or mainly outdoors at which more than 30 people are in attendance,

not counting persons under the age of 11 or persons working, or providing voluntary services, at the event.

(2) Sub-paragraph (1) does not apply to a person involved in organising an event authorised by the Welsh Ministers under paragraph 5.

(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 15 or 30 people are in attendance, as the case may be;

(c)the following are not to be treated as events—

(i)the showing of a film;

(ii)a performance at a theatre;

(iii)a market;

(iv)a religious service;

(v)an elite sporting event at which the only people present are elite athletes and persons working or providing voluntary services at the event.

Commencement Information

I14Sch. 2 para. 4 in force at 20.12.2020, see reg. 1(3)

Authorised eventsE+W

5.—(1) The Welsh Ministers may give authorisation in writing for an event to be held—

(a)at which more than 15 people are in attendance where the event takes place wholly or mainly indoors, or

(b)at which more than 30 people are in attendance where the event takes place wholly or mainly outdoors;

(2) References in sub-paragraph (1)to numbers of people do not include persons under the age of 11 or persons working, or providing voluntary services, at the event.

(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.

(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.

Commencement Information

I15Sch. 2 para. 5 in force at 20.12.2020, see reg. 1(3)

PART 3E+WRestrictions on travelling

Restriction on travel to and from Alert Level 2 areaE+W

6.—(1) No person living in—

(a)a restricted UK area, or

(b)an Alert Level 3 or Alert Level 4 area,

may enter or remain in an Alert Level 2 area without a reasonable excuse.

(2) No person living in an Alert Level 2 area may, without a reasonable excuse, leave the area for the purposes of entering or remaining in—

(a)a restricted UK area;

(b)an Alert Level 3 or Alert Level 4 area.

(3) For the purposes of sub-paragraphs (1) and (2), a person has a reasonable excuse if—

(a)the person enters or leaves the area for a purpose that is reasonably necessary and there is no reasonably practicable alternative;

(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 enter or leave the area 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 participating 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;

(j)obtaining—

(i)food and medical supplies for those in the same household (including animals in the household) or for vulnerable persons;

(ii)supplies for the essential upkeep, maintenance and functioning of the household, or the household of a vulnerable person;

(k)obtaining money from or depositing money with any business or service listed in paragraph 39(g) of Schedule 7;

(l)participating in or facilitating an organised activity 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).

(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;

(c)attending a solemnization 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;

(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)an elite athlete F22... and is travelling for the purposes of training or competition;

(f)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;

(g)travelling to vote in an election;

(h)travelling on a journey which—

(i)in relation to the restriction in sub-paragraph (1), begins and ends outside the area, or

(ii)in relation to the restriction in sub-paragraph (2), ends in an area which the person is not prohibited from entering or remaining in under that sub-paragraph,

provided that the person takes all reasonably practicable measures to minimise any stops during the journey;

(i)travelling to participate in a gathering with the person's extended household in accordance with any restrictions on gatherings applicable where the gathering takes place.

Textual Amendments

Commencement Information

I16Sch. 2 para. 6 in force at 20.12.2020, see reg. 1(3)

PART 4E+WRestrictions on certain businesses and services

Closure of premises used by certain businesses and servicesE+W

7.—(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 F23... ;

(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.

Textual Amendments

F23Words in Sch. 2 para. 7(2)(c) 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(5)(b)

Commencement Information

I17Sch. 2 para. 7 in force at 20.12.2020, see reg. 1(3)

Restrictions on licensed premisesE+W

8.—(1) A person responsible for premises which are authorised for the sale or supply of alcohol may not sell or supply alcohol between 10.00 p.m. and 6.00 a.m.

(2) Where the premises are authorised for the sale or supply of alcohol for consumption on the premises, the person responsible for the premises—

(a)may only sell or supply alcohol for consumption on the premises as part of a table meal such as might be expected to be served as breakfast, the main midday or main evening meal, or served as a main course at such a meal,

(b)must close the premises (to customers) at or before 10.20 p.m. each day, and

(c)may not open the premises before 6.00 a.m. each day.

(3) Despite sub-paragraph (2), a cinema or theatre may close later than 10.20 p.m. but only for the purpose of concluding–

(a)the showing of a film, or

(b)a performance,

which begins before 10.00 p.m.

(4) Sub-paragraph (2)(b) and (c) does not apply to—

(a)premises located in—

(i)a sea port;

(ii)an airport;

(iii)an educational establishment;

(b)workplace canteens.

(5) In its application to the premises of holiday or travel accommodation, sub-paragraph (2) applies only to those parts of the premises in which alcohol is sold or supplied for consumption on the premises.

(6) Sub-paragraphs (1) and (2) do not allow the premises to be open, or alcohol to be sold or supplied, in contravention of an authorisation granted or given in respect of the premises.

(7) Where regulated premises not authorised for the sale or supply of alcohol for consumption on the premises allow customers to consume their own alcohol on the premises, sub-paragraphs (2) to (4) apply to those premises as they apply to premises that are authorised for the sale or supply of alcohol for consumption on the premises.

Commencement Information

I18Sch. 2 para. 8 in force at 20.12.2020, see reg. 1(3)

Businesses or services whose premises must be closedE+W

9.  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.

Commencement Information

I19Sch. 2 para. 9 in force at 20.12.2020, see reg. 1(3)

10.  Sexual entertainment venues (within the meaning given by paragraph 2A of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982).E+W

Commencement Information

I20Sch. 2 para. 10 in force at 20.12.2020, see reg. 1(3)

Regulation 4(4)

SCHEDULE 3E+WAlert Level 3 Restrictions

PART 1E+WRestrictions on gathering

Restriction on gatherings in private dwellingsE+W

1.—(1) No person may, without a reasonable excuse, participate in a gathering in a private dwelling with any other person apart from members of their household or extended household.

(2) 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 (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;

(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.

(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)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

I21Sch. 3 para. 1 in force at 20.12.2020, see reg. 1(3)

Restriction on gatherings in public placesE+W

2.—(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

(b)consists of more than 4 people, not including

(i)any children under the age of 11, or

(ii)the carer of a person who is participating in the gathering.

(2) But a person may participate in such a gathering which—

(a)takes place indoors or in any part of regulated premises that is outdoors, if all the persons participating in the gathering are members of the same household, or

(b)takes place outdoors other than in regulated premises, if all the persons participating in the gathering are—

(i)members of the same household, or

(ii)members of the same 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.

(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.

(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;

(e)participating in a gathering of no more than 15 people at regulated premises, not counting 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 takes place on or after 22 August 2020;

(ii)celebrate the life of a deceased person whose funeral is held on or after 22 August 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 an indoor organised activity at which—

(i)no more than 15 people are in attendance, not counting persons under the age of 11 or persons working, or providing voluntary services, as part of the activity, and

(ii)no alcohol is consumed;

(j)participating in or facilitating an outdoor organised activity at which—

(i)no more than 30 people are in attendance, not counting persons under the age of 11 or persons working, or providing voluntary services, as part of the activity, and

(ii)no alcohol is consumed;

(k)participating in or facilitating an organised activity 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).

(7) This paragraph does not apply to a person who is homeless.

Commencement Information

I22Sch. 3 para. 2 in force at 20.12.2020, see reg. 1(3)

Extended householdsE+W

3.—(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 [F24well-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 [F25members of the households] must agree.

(4) A household may only agree to be treated as being in 1 extended household [F26at any one time].

[F27(5) 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 2, or

(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) A household ceases to be treated as [F28part of] an extended household if any F29... member of the household ceases to agree to be treated as [F28part of] the extended household.

[F30(7A) 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 [F31part of] an extended household, the household may not agree to be treated as [F31part of] an extended household with any other household [F32unless 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.

[F33(10) 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.]

Textual Amendments

F24Words in Sch. 3 para. 3(2) substituted (13.3.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 5) Regulations 2021 (S.I. 2021/307), regs. 1(2), 2(6)(a)(i)

F25Words in Sch. 3 para. 3(3) substituted (13.3.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 5) Regulations 2021 (S.I. 2021/307), regs. 1(2), 2(6)(a)(ii)

F29Word in Sch. 3 para. 3(7) 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(6)(a)(iii)

Commencement Information

I23Sch. 3 para. 3 in force at 20.12.2020, see reg. 1(3)

PART 2E+WRestrictions on organising events

Prohibition on organising eventsE+W

4.—(1) No person may, without a reasonable excuse, be involved in organising—

(a)an event held wholly or mainly indoors at which more than 15 people are in attendance, or

(b)an event held wholly or mainly outdoors at which more than 30 people are in attendance,

not counting persons under the age of 11 or persons working, or providing voluntary services, at the event.

F34(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 15 or 30 people are in attendance, as the case may be;

(c)the following are not to be treated as events—

(i)the showing of a film at a drive-in cinema;

(ii)a performance at a drive-in theatre;

(iii)a market;

(iv)a religious service;

[F35(v)an elite sporting event at which the only people present are elite athletes and persons working or providing voluntary services at the event.]

Textual Amendments

F34Sch. 3 para. 4(2) omitted (27.3.2021 immediately before the start of the day) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 6) Regulations 2021 (S.I. 2021/413), regs. 1(2), 2(3)

F35Sch. 3 para. 4(3)(c)(v) inserted (13.3.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 5) Regulations 2021 (S.I. 2021/307), regs. 1(2), 2(6)(b)

Commencement Information

I24Sch. 3 para. 4 in force at 20.12.2020, see reg. 1(3)

Authorised elite sporting eventsE+W

F365.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F36Sch. 3 para. 5 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(6)(c)

PART 3E+WRestrictions on travelling

Restriction on travel to and from Alert Level 3 areaE+W

6.—(1) No person living in—

(a)a restricted UK area, or

(b)another area of Wales,

may enter or remain in an Alert Level 3 area without a reasonable excuse.

(2) No person living in an Alert Level 3 area may, without a reasonable excuse, leave the area for the purposes of entering or remaining in—

(a)a restricted UK area, or

(b)another area of Wales.

(3) For the purposes of sub-paragraphs (1) and (2), a person has a reasonable excuse if—

(a)the person enters or leaves the area for a purpose that is reasonably necessary and there is no reasonably practicable alternative;

(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 enter or leave the area 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 participating 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;

(j)obtaining—

(i)food and medical supplies for those in the same household (including animals in the household) or for vulnerable persons;

(ii)supplies for the essential upkeep, maintenance and functioning of the household, or the household of a vulnerable person;

(k)obtaining money from or depositing money with any business or service listed in paragraph 39(g) of Schedule 7;

(l)participating in or facilitating an organised activity 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).

(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;

(c)attending a solemnization 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;

(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)an elite athlete F37... and is travelling for the purposes of training or competition;

(f)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;

(g)travelling to vote in an election;

(h)travelling on a journey which—

(i)in relation to the restriction in sub-paragraph (1), begins and ends outside the area, or

(ii)in relation to the restriction in sub-paragraph (2), ends in an area which the person is not prohibited from entering or remaining in under that sub-paragraph,

provided that the person takes all reasonably practicable measures to minimise any stops during the journey;

(i)travelling to participate in a gathering with the person's extended household in accordance with any restrictions on gatherings applicable where the gathering takes place.

Textual Amendments

Commencement Information

I25Sch. 3 para. 6 in force at 20.12.2020, see reg. 1(3)

PART 4E+WRestrictions on certain businesses and services

CHAPTER 1E+WBusinesses or services whose premises are required to be closed

Closure of businesses and servicesE+W

7.—(1) A person responsible for carrying on a business or providing a service which is listed in paragraphs 11 to 26 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 F38... ;

(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.

Textual Amendments

F38Words in Sch. 3 para. 7(2)(c) 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(6)(d)

Commencement Information

I26Sch. 3 para. 7 in force at 20.12.2020, see reg. 1(3)

CHAPTER 2E+WRestrictions on food and drink businesses and licensed premises

Restrictions on food and drink businessesE+W

8.—(1) A person responsible for carrying on a food and drink business—

(a)may not open its premises to customers before 6.00 a.m. each day;

(b)must close the premises to customers at or before 6.00 p.m. each day.

(2) The person responsible for carrying on a food and drink business or any other business or service whose premises are authorised for the sale or supply of alcohol may not—

(a)sell or supply alcohol for consumption on its premises;

(b)permit the consumption of alcohol on the premises.

(3) For the purposes of this paragraph, an 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 food and drink business (“business A”) is subject to a requirement or restriction under this paragraph, and

(b)business A forms part of a larger business (“business B”),

the requirement or restriction is complied with if the person responsible for carrying on business B complies with the requirement or restriction.

Commencement Information

I27Sch. 3 para. 8 in force at 20.12.2020, see reg. 1(3)

Restrictions on food and drink businesses: exceptionsE+W

9.—(1) Paragraph 8(1) does not apply to—

(a)premises located in—

(i)a sea port;

(ii)an airport;

(iii)an educational establishment;

(iv)a hospital or care home;

(b)workplace canteens, where there is no practical alternative for people at that workplace to obtain food or drink between 6.00 p.m. and 6.00 a.m.;

(c)premises used for the provision of food or drink to homeless people.

(2) Paragraph 8(1) does not prevent premises being used to sell or supply food or drink for consumption off the premises.

(3) If—

(a)the celebration of a marriage, formation of a civil partnership or alternative wedding is being held on premises to which paragraph 8 applies, and

(b)the celebration was booked more than a week before this paragraph most recently began to apply to the area in which the premises are located,

the premises may, despite paragraph 8(1)(b), remain open until 10.00 p.m. for the purposes of holding the celebration.

(4) Sub-paragraphs (5) and (6) apply where premises of a food and drink business (“the restricted premises”) form part of the premises of holiday or travel accommodation.

(5) Paragraph 8(1) does not—

(a)require the restricted premises to be closed to the residents of the holiday or travel accommodation;

(b)prevent the sale of food or drink to residents—

(i)as part of room service, or

(ii)between 6.00 a.m. and 10.00 p.m. in any part of the premises of the holiday or travel accommodation.

(6) Neither paragraph 8(1) nor (2)—

(a)prevents residents from consuming food or drink (including alcohol) at any time in their private room;

(b)prevents the sale of alcohol to residents as part of room service (but see paragraph 10).

Commencement Information

I28Sch. 3 para. 9 in force at 20.12.2020, see reg. 1(3)

Restrictions on licensed premisesE+W

10.—(1) A person responsible for premises which are authorised for the sale or supply of alcohol may not sell or supply alcohol between 10.00 p.m. and 6.00 a.m.

(2) Sub-paragraph (1) does not allow alcohol to be sold or supplied in contravention of an authorisation granted or given in respect of the premises.

Commencement Information

I29Sch. 3 para. 10 in force at 20.12.2020, see reg. 1(3)

CHAPTER 3E+WList of closed premises

Businesses or services whose premises must be closedE+W

11.  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.

Commencement Information

I30Sch. 3 para. 11 in force at 20.12.2020, see reg. 1(3)

12.  Sexual entertainment venues (within the meaning given by paragraph 2A of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982).E+W

Commencement Information

I31Sch. 3 para. 12 in force at 20.12.2020, see reg. 1(3)

13.  Cinemas, other than drive in cinemas.E+W

Commencement Information

I32Sch. 3 para. 13 in force at 20.12.2020, see reg. 1(3)

14.  Concert halls and theatres, other than drive-in theatres.E+W

Commencement Information

I33Sch. 3 para. 14 in force at 20.12.2020, see reg. 1(3)

15.  Casinos.E+W

Commencement Information

I34Sch. 3 para. 15 in force at 20.12.2020, see reg. 1(3)

16.  Bingo halls.E+W

Commencement Information

I35Sch. 3 para. 16 in force at 20.12.2020, see reg. 1(3)

17.  Amusement arcades.E+W

Commencement Information

I36Sch. 3 para. 17 in force at 20.12.2020, see reg. 1(3)

18.  Bowling alleys.E+W

Commencement Information

I37Sch. 3 para. 18 in force at 20.12.2020, see reg. 1(3)

19.  Indoor play centres or areas.E+W

Commencement Information

I38Sch. 3 para. 19 in force at 20.12.2020, see reg. 1(3)

20.  Funfairs, amusement parks and theme parks.E+W

Commencement Information

I39Sch. 3 para. 20 in force at 20.12.2020, see reg. 1(3)

21.  Museums and galleries.E+W

Commencement Information

I40Sch. 3 para. 21 in force at 20.12.2020, see reg. 1(3)

22.  Skating rinks.E+W

Commencement Information

I41Sch. 3 para. 22 in force at 20.12.2020, see reg. 1(3)

23.  Trampoline parks and centres.E+W

Commencement Information

I42Sch. 3 para. 23 in force at 20.12.2020, see reg. 1(3)

24.  Indoor skate parks and centresE+W

Commencement Information

I43Sch. 3 para. 24 in force at 20.12.2020, see reg. 1(3)

25.  Spas.E+W

Commencement Information

I44Sch. 3 para. 25 in force at 20.12.2020, see reg. 1(3)

26.  Visitor attractions.E+W

Commencement Information

I45Sch. 3 para. 26 in force at 20.12.2020, see reg. 1(3)

Regulation 4(6A)

[F39SCHEDULE 3AE+WTemporary Alert Level 3 Restrictions

Textual Amendments

PART 1E+WRestriction on gathering

Restriction on gatherings in private dwellingsE+W

1.(1) 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.

(2) But a person may participate in such a gathering outdoors if the gathering consists of no more than 6 persons from no more than 2 households.

(3) In determining, for the purposes of sub-paragraph (2), the number of persons participating in a gathering no account is to be taken of—

(a)any children under the age of 11, or

(b)the carer of a person who is participating in the gathering.

(4) 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 (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;

(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.

(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)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.

(7) Despite sub-paragraphs (2) and (5)(b), no person may participate in a gathering in a private dwelling for the purposes of persuading or dissuading a person to vote in a particular manner in an election.

(8) This paragraph does not apply to a person who is homeless.

Restriction on gatherings in holiday or travel accommodationE+W

2.(1) No person may, without 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 or extended household.

(2) 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 (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;

(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.

(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.

(5) This paragraph does not apply to a person who is homeless.

Restriction on gatherings in public placesE+W

3.(1) No person may, without a reasonable excuse, participate in a gathering which takes place in premises to which neither paragraph 1 nor 2 applies unless all the persons participating in the gathering are members of the same household.

(2) But a person may participate in such a gathering outdoors if—

(a)all the persons participating in the gathering are members of the same extended household, or

(b)the gathering consists of no more than 6 persons from no more than 2 households.

(3) In determining, for the purposes of sub-paragraph (2)(b), the number of persons participating in a gathering no account is to be taken of—

(a)any children under the age of 11, or

(b)the carer of a person who is participating in the gathering.

(4) 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 (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;

(j)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;

(e)attending a place of worship;

(f)an elite athlete and is training or competing;

(g)providing coaching or other support to an elite athlete, or providing support at an elite sporting event;

(h)participating in or facilitating an outdoor organised activity 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).

(7) Despite sub-paragraphs (2)(b) and (5)(b), no person may participate in a gathering for the purposes of persuading or dissuading a person to vote in a particular manner in an election unless the person is participating in a broadcast without an audience (whether over the internet or as part of a radio or television broadcast).

(8) This paragraph does not apply to a person who is homeless.

Extended householdsE+W

4.(1) A well-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 members of the households must agree.

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

(4) Where households have agreed to be treated as an extended household under paragraph 3 of Schedule 4, those households are to be treated as having agreed to be treated as an extended household under this paragraph.

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

(6) Sub-paragraph (7) 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.

(7) 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).

(8) If a household ceases to be treated as part of an extended household, the household may not agree to be treated as part of an extended household with any other household unless 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.

(10) 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;

(c)a household comprising of—

(i)2 or more adults,

(ii)1 or more children under the age of 1, and

(iii)any number of other children.

PART 2E+WRestrictions on organising events

Prohibition on organising eventsE+W

5.(1) No person may, without a reasonable excuse, be involved in organising—

(a)an event held wholly or mainly indoors at which more than 15 people are in attendance, or

(b)an event held wholly or mainly outdoors at which more than 30 people are in attendance,

not counting persons under the age of 11 or persons working, or providing voluntary services, at the event.

(2) 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 15 or 30 people are in attendance, as the case may be;

(c)the following are not to be treated as events—

(i)the showing of a film at a drive-in cinema;

(ii)a performance at a drive-in theatre;

(iii)a market;

(iv)a religious service;

(v)an elite sporting event at which the only people present are elite athletes and persons working or providing voluntary services at the event.

PART 3E+WRestrictions on travelling

Restriction on travel to and from Alert Level 3 areaE+W

6.(1) No person living outside an Alert Level 3 area may, without a reasonable excuse, enter or remain in an Alert Level 3 Area.

(2) No person living in an Alert Level 3 area may, without a reasonable excuse, leave the area for the purposes of entering or remaining in a place that is not in an Alert Level 3 area.

(3) For the purposes of sub-paragraphs (1) and (2), a person has a reasonable excuse if—

(a)the person enters or leaves the area for a purpose that is reasonably necessary and there is no reasonably practicable alternative;

(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 enter or leave the area include—

(a)obtaining or providing medical assistance, or accessing veterinary services;

(b)avoiding illness, injury or other risk of harm;

(c)working or providing voluntary or charitable services;

(d)meeting a legal obligation, including attending court or satisfying bail conditions, or participating 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)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)obtaining—

(i)food and medical supplies for those in the same household (including animals in the household) or for vulnerable persons;

(ii)supplies for the essential upkeep, maintenance and functioning of the household, or the household of a vulnerable person;

(l)obtaining money from or depositing money with any business or service listed in paragraph 39(g) of Schedule 7;

(m)participating in or facilitating an outdoor organised activity 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).

(5) The circumstances referred to in sub-paragraph (3)(b) are that the person is—

(a)providing or receiving emergency assistance;

(b)attending a solemnization 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)an elite athlete and is travelling for the purposes of training or competition;

(e)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;

(f)travelling to vote in an election;

(g)travelling on a journey which—

(i)in relation to the restriction in sub-paragraph (1), begins and ends outside the area, or

(ii)in relation to the restriction in sub-paragraph (2), ends in an area which the person is not prohibited from entering or remaining in under that sub-paragraph,

provided that the person takes all reasonably practicable measures to minimise any stops during the journey;

(h)travelling to participate in a gathering with the person’s extended household in accordance with any restrictions on gatherings applicable where the gathering takes place.

PART 4E+WRestrictions on certain businesses and services

CHAPTER 1E+WBusinesses or services whose premises are required to be closed but to which limited access may be allowed

Closure of food and drink businessesE+W

7.(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 accommodation that is not self-containedE+W

8.(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 paragraph.

(2) But sub-paragraph (1) does not prevent the use of premises for the provision of accommodation—

(a)in a camping site or holiday site, provided that the only shared facilities used by guests at the camping site or holiday site are water points and waste disposal points, or

(b)in separate and self-contained premises.

(3) And 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.

(4) Premises are separate and self-contained for the purposes of this paragraph only if—

(a)they are provided for persons who are members of the same household or extended household, and

(b)none of the following are shared with the members of any other household—

(i)kitchens,

(ii)sleeping areas,

(iii)bathrooms, or

(iv)indoor communal areas.

(5) In this paragraph—

(a)a reception area is not to be treated as a shared facility for the purposes of sub-paragraph (2)(a);

(b)“communal areas” includes any area of the premises that is open to the public, but does not include a reception area or corridors, lifts and staircases used to access other parts of the premises.

(6) 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 and crematoriumsE+W

9.(1) A person responsible for premises that are of a kind listed in paragraphs 19 and 20 must ensure that the premises are closed to members of the public, except for the uses permitted by sub-paragraphs (2) and (3).

(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.

(3) A crematorium may open to members of the public for funerals or burials (and to broadcast a funeral or burial whether over the internet or otherwise).

(4) Sub-paragraph (1) does not apply to the grounds surrounding—

(a)a community centre;

(b)a crematorium, including any burial ground or garden of remembrance.

(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 2E+WBusinesses or services whose premises are required to be closed

Closure of businesses and servicesE+W

10.(1) A person responsible for carrying on a business or providing a service which is listed in paragraphs 21 to 47 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;

(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) Despite sub-paragraph (1), a person responsible for carrying on a business or providing a service—

(a)listed in paragraph 21 (hair salons and barbers) may open its premises to the public, but only for the purposes of cutting, styling or colouring hair, by appointment;

(b)listed in paragraph 34 (holiday, leisure activity or events businesses) may open its premises to the public, but only for the purposes of facilitating an outdoor organised activity 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).

(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.

CHAPTER 3E+WBusinesses and services whose premises are exempt from the requirement to close

Exemption from the requirement to be closedE+W

11.(1) Despite the preceding provisions of this Part—

(a)premises operated by businesses or services listed in paragraphs 48 to 66 may continue to be open;

(b)approved premises may be open to the public to the extent that this is required for the purposes of the solemnisation or a marriage, formation of civil partnership or alternative wedding ceremony at the premises;

(c)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 48 to 66.

(2) 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.

(3) Sub-paragraph (2) 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.

(4) In this paragraph, “approved premises” means premises approved in accordance with Marriages and Civil Partnerships (Approved Premises) Regulations 2005

(a)as premises on which marriages may be solemnised in pursuance of section 26(1)(bb) of the Marriage Act 1949, or

(b)for the purposes of section 6(3A)(a) of the Civil Partnership Act 2004.

CHAPTER 4E+WList of closed premises

Closed premisesE+W
Food and drink businessesE+W

12.  Bars (including bars in members’ clubs).

13.  Public houses.

14.  Cafes, canteens and restaurants (including workplace canteens and dining rooms in members’ clubs).

Holiday or travel accommodationE+W

15.  Camping sites.

16.  Holiday sites.

17.  Hotels and bed and breakfast accommodation;

18.  Other holiday accommodation (including holiday apartments, hostels and boarding houses).

Public services etc.E+W

19.  Community centres.

20.  Crematoriums.

Personal services etc.E+W

21.  Hair salons and barbers.

22.  Nail and beauty salons including tanning and electrolysis services.

23.  Body piercings and tattooing services.

Leisure and social etc.E+W

24.  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.

25.  Sexual entertainment venues (within the meaning given by paragraph 2A of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982).

26.  Cinemas.

27.  Concert halls and theatres.

28.  Casinos.

29.  Bingo halls.

30.  Amusement arcades.

31.  Bowling alleys.

32.  Indoor play centres or areas.

33.  Funfairs, amusement parks and theme parks.

34.  Holiday, leisure activity or events businesses.

35.  Museums and galleries.

36.  Skating rinks.

37.  Trampoline parks and centres.

38.  Indoor skate parks and centres.

39.  Spas.

40.  Venues for events or conferences (including venues for weddings).

41.  Visitor attractions other than—

(a)public outdoor areas of premises on which a scheduled monument (within the meaning given by section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979) is situated;

(b)public outdoor areas of a park or garden registered in the register of parks and gardens of special historic interest in Wales maintained by the Welsh Ministers and published by them from time to time;

(c)public indoor areas of a place referred to in paragraph (a) or (b) where it is necessary for the indoor area to be open—

(i)to allow access to the public outdoors areas,

(ii)for health and safety reasons, or

(iii)to ensure that the requirements in Part 4 of these Regulations are complied with in relation to the premises.

Sports and exercise.E+W

42.  Indoor sports or exercise facilities, including indoor fitness studios and gyms.

43.  Swimming pools.

44.  Indoor sports courts, indoor bowling greens and other indoor sports grounds or pitches.

Retail etc.E+W

45.  Any business offering goods or services for sale or hire in retail premises.

46.  Shopping centres and shopping arcades.

47.  Estate or letting agents and developer sales offices.

Exempt premisesE+W
Public services etc.E+W

48.  Dental services, opticians, audiology services, chiropody, chiropractors, osteopaths, physiotherapy services, acupuncture services and other medical or health services, including services relating to mental health.

49.  Funeral directors.

50.  Veterinary surgeons.

Food and drink businessesE+W

51.  Cafés and canteens at a hospital, care home, school or within accommodation provided for students.

52.  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.E+W

53.  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.

54.  Food markets, convenience stores, corner shops, pet shops, off licences, petrol stations, garden centres and plant nurseries.

55.  Supermarkets and other shops selling multiple types of goods—

(a)which were open to the public on 11 March 2021, and

(b)which use their premises, in the ordinary course of their business, mainly to sell—

(i)goods listed in paragraph 53, or

(ii)goods of a type ordinarily sold by any of the businesses listed in paragraph 54.

56.  Shops selling multiple types of goods that do not fall within paragraph 55, but only for the purposes of—

(a)selling the goods listed in paragraph 53;

(b)selling goods of a type ordinarily sold by any of the businesses listed in paragraph 54;

(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.

57.  Shops offering maintenance or repair services for telecommunications or information technology devices.

58.  Building supplies and hardware stores.

59.  Banks, building societies and other financial services providers.

60.  Post offices.

61.  Car repair and MOT services.

62.  Automatic car washes.

63.  Livestock markets or auctions.

64.  Laundrettes and dry cleaners.

65.  Taxi or vehicle hire businesses.

66.  Agricultural or aquacultural supplies shops.]

Regulation 4(5)

SCHEDULE 4E+WAlert Level 4 Restrictions

PART 1E+WRestrictions on movement and gathering with others

Requirement to stay at homeE+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, [F40or]

(iii)with the person's carer; F41...

F41(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

Textual Amendments

Commencement Information

I46Sch. 4 para. 1 in force at 20.12.2020, see reg. 1(3)

Requirement not to gather with other peopleE+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;

[F42(i)exercising outdoors, except in a private dwelling, with—

(i)members of the person’s extended household, F43...

F43(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

together with any carer of a person participating who is present.]

(5) This paragraph does not apply to a person who is homeless.

Textual Amendments

Commencement Information

I47Sch. 4 para. 2 in force at 20.12.2020, see reg. 1(3)

Extended householdsE+W

3.—(1) A [F44well-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 [F45members of the households] must agree.

(3) A household may only agree to be treated as being in 1 extended household [F46at any one time].

(4) Where a [F47well-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,

[F48(“the previous extended household”),] an agreement under this paragraph may be made only between the [F47well-being needs] household and 1 of those other households [F49unless a period of at least 10 days has expired since any member of the [F47well-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) A household ceases to be treated as [F50part of] an extended household if any F51... member of the household ceases to agree to be treated as [F50part of] the extended household.

[F52(5A) 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 [F53part of] an extended household, the household may not agree to be treated as [F53part of] an extended household with any other household [F54unless 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.

[F55(8) 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.]

Textual Amendments

F45Words in Sch. 4 para. 3(2) substituted (13.3.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 5) Regulations 2021 (S.I. 2021/307), regs. 1(2), 2(7)(a)(i)

F51Word in Sch. 4 para. 3(5) 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)(a)(ii)

Commencement Information

I48Sch. 4 para. 3 in force at 20.12.2020, see reg. 1(3)

PART 2E+WRestrictions on organising events

Prohibition on organising eventsE+W

4.—(1) No person may, without a reasonable excuse, be involved in organising—

(a)an event held wholly or mainly indoors at which more than 15 people are in attendance, or

(b)an event held wholly or mainly outdoors at which more than 30 people are in attendance,

not counting persons under the age of 11 or persons working, or providing voluntary services, at the event.

(2) Sub-paragraph (1) does not apply to a person involved in organising an elite sporting event authorised by the Welsh Ministers under paragraph 5.

(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 15 or 30 people are in attendance, as the case may be;

(c)the following are not to be treated as events—

(i)a market;

(ii)a religious service.

Commencement Information

I49Sch. 4 para. 4 in force at 20.12.2020, see reg. 1(3)

Authorised elite sporting eventsE+W

5.—(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.

Commencement Information

I50Sch. 4 para. 5 in force at 20.12.2020, see reg. 1(3)

PART 3E+WRestrictions on travel

Restriction on travel to Alert Level 4 areaE+W

6.—(1) No person living in—

(a)a restricted UK area, or

(b)another area of Wales,

may enter or remain in an Alert Level 4 area without a reasonable excuse.

(2) For the purposes of sub-paragraph (1), a person has a reasonable excuse if—

(a)the person enters the area for a purpose that is reasonably necessary and there is no reasonably practicable alternative;

(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 enter the area 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)viewing a property in connection with the purchase, sale, letting or rental of the property;

(h)moving home;

(i)obtaining money from or depositing money with any business or service listed in paragraph 39(g) of Schedule 7;

(j)accessing or receiving public services;

(k)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)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)an elite athlete and is travelling for the purposes of training or competition;

(e)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;

(f)travelling to vote in an election;

(g)travelling on a journey which ends outside the area, provided that the person takes all reasonably practicable measures to minimise any stops during the journey;

(h)travelling to participate in a gathering with the person's extended household in accordance with any restrictions on gatherings applicable where the gathering takes place.

Commencement Information

I51Sch. 4 para. 6 in force at 20.12.2020, see reg. 1(3)

F56PART 3AE+WRestrictions on attending schools and further education institutions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

PART 4E+WRestrictions on certain businesses and services

CHAPTER 1E+WBusiness and services whose premises must be closed but to which limited access may be allowed

Closure of food and drink businessesE+W

7.—(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.

Commencement Information

I52Sch. 4 para. 7 in force at 20.12.2020, see reg. 1(3)

Closure of holiday or travel accommodationE+W

8.—(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.

Commencement Information

I53Sch. 4 para. 8 in force at 20.12.2020, see reg. 1(3)

Closure of community centres and crematoriumsE+W

9.—(1) A person responsible for premises that are of a kind listed in paragraphs 19 and 20 must ensure that the premises are closed to members of the public, except for the uses permitted by sub-paragraphs (2) and (3).

(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.

(3) A crematorium may open to members of the public for funerals or burials (and to broadcast a funeral or burial whether over the internet or otherwise).

(4) Sub-paragraph (1) does not apply to the grounds surrounding a crematorium, including any burial ground or garden of remembrance.

(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.

Commencement Information

I54Sch. 4 para. 9 in force at 20.12.2020, see reg. 1(3)

CHAPTER 2E+WBusinesses or services whose premises are required to be closed

Closure of businesses and servicesE+W

10.—(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.

Commencement Information

I55Sch. 4 para. 10 in force at 20.12.2020, see reg. 1(3)

CHAPTER 3E+WBusiness and services whose premises are exempt from the requirement to close

Exemption from the requirement to be closedE+W

11.—(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.

Commencement Information

I56Sch. 4 para. 11 in force at 20.12.2020, see reg. 1(3)

CHAPTER 4E+WList of closed premises

Closed premisesE+W

Food and drink businesses

12.  Bars (including bars in members' clubs).E+W

Commencement Information

I57Sch. 4 para. 12 in force at 20.12.2020, see reg. 1(3)

13.  Public houses.E+W

Commencement Information

I58Sch. 4 para. 13 in force at 20.12.2020, see reg. 1(3)

14.  Cafes, canteens and restaurants (including workplace canteens and dining rooms in members' clubs).E+W

Holiday or travel accommodation

Commencement Information

I59Sch. 4 para. 14 in force at 20.12.2020, see reg. 1(3)

15.  Camping sites.E+W

Commencement Information

I60Sch. 4 para. 15 in force at 20.12.2020, see reg. 1(3)

16.  Holiday sites.E+W

Commencement Information

I61Sch. 4 para. 16 in force at 20.12.2020, see reg. 1(3)

17.  Hotels and bed and breakfast accommodation;E+W

Commencement Information

I62Sch. 4 para. 17 in force at 20.12.2020, see reg. 1(3)

18.  Other holiday accommodation (including holiday apartments, hostels and boarding houses).E+W

Public services etc.

Commencement Information

I63Sch. 4 para. 18 in force at 20.12.2020, see reg. 1(3)

19.  Community centres.E+W

Commencement Information

I64Sch. 4 para. 19 in force at 20.12.2020, see reg. 1(3)

20.  Crematoriums.E+W

Commencement Information

I65Sch. 4 para. 20 in force at 20.12.2020, see reg. 1(3)

21.  Libraries and archive services.E+W

Personal services etc.

Commencement Information

I66Sch. 4 para. 21 in force at 20.12.2020, see reg. 1(3)

22.  Hair salons and barbers.E+W

Commencement Information

I67Sch. 4 para. 22 in force at 20.12.2020, see reg. 1(3)

23.  Nail and beauty salons including tanning and electrolysis services.E+W

Commencement Information

I68Sch. 4 para. 23 in force at 20.12.2020, see reg. 1(3)

24.  Body piercings and tattooing services.E+W

Leisure and social etc.

Commencement Information

I69Sch. 4 para. 24 in force at 20.12.2020, see reg. 1(3)

25.  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.E+W

Commencement Information

I70Sch. 4 para. 25 in force at 20.12.2020, see reg. 1(3)

26.  Sexual entertainment venues (within the meaning given by paragraph 2A of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982).E+W

Commencement Information

I71Sch. 4 para. 26 in force at 20.12.2020, see reg. 1(3)

27.  Cinemas.E+W

Commencement Information

I72Sch. 4 para. 27 in force at 20.12.2020, see reg. 1(3)

28.  Concert halls and theatres.E+W

Commencement Information

I73Sch. 4 para. 28 in force at 20.12.2020, see reg. 1(3)

29.  Casinos.E+W

Commencement Information

I74Sch. 4 para. 29 in force at 20.12.2020, see reg. 1(3)

30.  Bingo halls.E+W

Commencement Information

I75Sch. 4 para. 30 in force at 20.12.2020, see reg. 1(3)

31.  Amusement arcades.E+W

Commencement Information

I76Sch. 4 para. 31 in force at 20.12.2020, see reg. 1(3)

32.  Bowling alleys.E+W

Commencement Information

I77Sch. 4 para. 32 in force at 20.12.2020, see reg. 1(3)

33.  Indoor play centres or areas.E+W

Commencement Information

I78Sch. 4 para. 33 in force at 20.12.2020, see reg. 1(3)

34.  Funfairs, amusement parks and theme parks.E+W

Commencement Information

I79Sch. 4 para. 34 in force at 20.12.2020, see reg. 1(3)

35.  Holiday, leisure activity or events businesses.E+W

Commencement Information

I80Sch. 4 para. 35 in force at 20.12.2020, see reg. 1(3)

36.  Museums and galleries.E+W

Commencement Information

I81Sch. 4 para. 36 in force at 20.12.2020, see reg. 1(3)

37.  Skating rinks.E+W

Commencement Information

I82Sch. 4 para. 37 in force at 20.12.2020, see reg. 1(3)

38.  Trampoline parks and centres.E+W

Commencement Information

I83Sch. 4 para. 38 in force at 20.12.2020, see reg. 1(3)

39.  Enclosed or indoor skate parks and centres.E+W

Commencement Information

I84Sch. 4 para. 39 in force at 20.12.2020, see reg. 1(3)

40.  Spas.E+W

Commencement Information

I85Sch. 4 para. 40 in force at 20.12.2020, see reg. 1(3)

41.  Venues for events or conferences (including venues for weddings).E+W

Commencement Information

I86Sch. 4 para. 41 in force at 20.12.2020, see reg. 1(3)

42.  Visitor attractions.E+W

Sports and exercise.

Commencement Information

I87Sch. 4 para. 42 in force at 20.12.2020, see reg. 1(3)

43.  Sports or exercise facilities, including indoor fitness studios and gyms.E+W

Commencement Information

I88Sch. 4 para. 43 in force at 20.12.2020, see reg. 1(3)

44.  Swimming pools.E+W

Commencement Information

I89Sch. 4 para. 44 in force at 20.12.2020, see reg. 1(3)

45.  Sports courts, bowling greens, golf courses and enclosed sports grounds or pitches (whether outdoors or indoors).E+W

Retail etc.

Commencement Information

I90Sch. 4 para. 45 in force at 20.12.2020, see reg. 1(3)

46.  Any business offering goods or services for sale or hire in retail premises.E+W

Commencement Information

I91Sch. 4 para. 46 in force at 20.12.2020, see reg. 1(3)

47.  Shopping centres and shopping arcades.E+W

Commencement Information

I92Sch. 4 para. 47 in force at 20.12.2020, see reg. 1(3)

48.  Estate or letting agents [F57and developer sales offices].E+W

Textual Amendments

Commencement Information

I93Sch. 4 para. 48 in force at 20.12.2020, see reg. 1(3)

Exempt premisesE+W

Public services etc.

49.  Dental services, opticians, audiology services, chiropody, chiropractors, osteopaths, physiotherapy services, acupuncture services and other medical or health services, including services relating to mental health.E+W

Commencement Information

I94Sch. 4 para. 49 in force at 20.12.2020, see reg. 1(3)

50.  Hospital libraries and libraries at educational establishments.E+W

Commencement Information

I95Sch. 4 para. 50 in force at 20.12.2020, see reg. 1(3)

51.  Funeral directors.E+W

Commencement Information

I96Sch. 4 para. 51 in force at 20.12.2020, see reg. 1(3)

52.  Veterinary surgeons.E+W

Food and drink businesses

Commencement Information

I97Sch. 4 para. 52 in force at 20.12.2020, see reg. 1(3)

53.  Cafés and canteens at a hospital, care home, school or within accommodation provided for students.E+W

Commencement Information

I98Sch. 4 para. 53 in force at 20.12.2020, see reg. 1(3)

54.  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.E+W

Retail etc.

Commencement Information

I99Sch. 4 para. 54 in force at 20.12.2020, see reg. 1(3)

55.  Businesses offering the following goods for sale or hire in a shop—E+W

(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.

Commencement Information

I100Sch. 4 para. 55 in force at 20.12.2020, see reg. 1(3)

56.  Food markets, convenience stores, corner shops, pet shops, off licences and petrol stations.E+W

Commencement Information

I101Sch. 4 para. 56 in force at 20.12.2020, see reg. 1(3)

57.  Supermarkets and other shops that sell multiple types of goods but only for the purposes of—E+W

(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.

Commencement Information

I102Sch. 4 para. 57 in force at 20.12.2020, see reg. 1(3)

58.  Shops offering maintenance or repair services for telecommunications or information technology devices.E+W

Commencement Information

I103Sch. 4 para. 58 in force at 20.12.2020, see reg. 1(3)

59.  Building supplies and hardware stores.E+W

Commencement Information

I104Sch. 4 para. 59 in force at 20.12.2020, see reg. 1(3)

60.  Banks, building societies and other financial services providers.E+W

Commencement Information

I105Sch. 4 para. 60 in force at 20.12.2020, see reg. 1(3)

61.  Post offices.E+W

Commencement Information

I106Sch. 4 para. 61 in force at 20.12.2020, see reg. 1(3)

62.  Car repair and MOT services.E+W

Commencement Information

I107Sch. 4 para. 62 in force at 20.12.2020, see reg. 1(3)

[F5862A.  Automatic car washes.]E+W

63.  Livestock markets or auctions.E+W

Commencement Information

I108Sch. 4 para. 63 in force at 20.12.2020, see reg. 1(3)

64.  Laundrettes and dry cleaners.E+W

Commencement Information

I109Sch. 4 para. 64 in force at 20.12.2020, see reg. 1(3)

65.  Taxi or vehicle hire businesses.E+W

Commencement Information

I110Sch. 4 para. 65 in force at 20.12.2020, see reg. 1(3)

66.  Agricultural or aquacultural supplies shops.E+W

Commencement Information

I111Sch. 4 para. 66 in force at 20.12.2020, see reg. 1(3)

Regulation 4(8)

SCHEDULE 5E+W[F59Areas and temporary modifications]

1.  This is the table referred to in regulation 4(8)—E+W

Column 1Column 2Column 3
AreaAlert Level of Area
1The whole of Wales [F603]

Textual Amendments

F60Word in Sch. 5 para. 1 Table substituted (27.3.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 6) Regulations 2021 (S.I. 2021/413), regs. 1(2), 2(5)(a)

Commencement Information

I112Sch. 5 para. 1 in force at 20.12.2020, see reg. 1(3)

[F61Temporary modificationsE+W

2.  In relation to an Alert Level 3 area, for the period ending at the end of the day on 11 April 2021—

(a)regulation 25 is to be read as if for paragraph (3)(a)(iv) there were substituted—

(iv)paragraph 7(1), 8(1), 9(1), 10(1) or 11(2) of Schedule 3A, or;

(b)regulation 27 is to be read as if for paragraph (1)(d) there were substituted—

(d)paragraph 7(1), 8(1), 9(1), 10(1) or 11(2) of Schedule 3A, or;

(c)regulation 28 is to be read as if—

(i)in paragraph (1)(c), for “Schedule 3” there were substituted “Schedule 3A”;

(ii)for paragraph (3)(c) there were substituted—

(c)paragraph 2(1) or 3(1) of Schedule 3A, or;

(d)regulation 29 is to be read as if—

(i)in paragraph (1)(c), for “Schedule 3” there were substituted “Schedule 3A”;

(ii)in paragraph (3)(c), for “Schedule 3” there were substituted “Schedule 3A”;

(iii)in paragraph (5)(c), for “Schedule 3” there were substituted “Schedule 3A”;

(iv)in paragraph (7)(c), for “Schedule 3” there were substituted “Schedule 3A”;

(e)regulation 31(1)(b) is to be read as if for “paragraph 4 of Schedule 3” there were substituted “paragraph 5 of Schedule 3A”;

(f)regulation 37 is to be read as if—

(i)for paragraph (1)(c) there were substituted—

(c)paragraph 1(1), 2(1) or 3(1) of Schedule 3A, or;

(ii)in paragraph (2)(c)(iii) for “Schedule 3” there were substituted “Schedule 3A”;

(g)regulation 38(c) is to be read as if for “Schedule 3” there were substituted “Schedule 3A”;

(h)regulation 39 is to be read as if for paragraph (1)(c) there were substituted—

(c)paragraph 5 of Schedule 3A, or;

(i)regulation 42 is to be read as if for paragraph (1)(c) there were substituted—

(c)paragraph 7(1), 8(1), 9(1), 10(1) or 11(2) of Schedule 3A, or.]

Textual Amendments

Regulation 4(7)

F62SCHEDULE 6E+WTemporary modifications for Christmas: extended households and travel

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulation 15

SCHEDULE 7E+WRegulated premises

Food and drink businesses

Commencement Information

I113Sch. 7 para. wrapper3n2 in force at 20.12.2020, see reg. 1(3)

1.  Bars (including bars in members' clubs).E+W

Commencement Information

I114Sch. 7 para. 1 in force at 20.12.2020, see reg. 1(3)

2.  Public houses.E+W

Commencement Information

I115Sch. 7 para. 2 in force at 20.12.2020, see reg. 1(3)

3.  Cafes, canteens and restaurants (including workplace canteens and dining rooms in members' clubs).E+W

Holiday and travel accommodation

Commencement Information

I116Sch. 7 para. 3 in force at 20.12.2020, see reg. 1(3)

4.  Camping sites.E+W

Commencement Information

I117Sch. 7 para. 4 in force at 20.12.2020, see reg. 1(3)

5.  Holiday sites.E+W

Commencement Information

I118Sch. 7 para. 5 in force at 20.12.2020, see reg. 1(3)

6.  Hotels and bed and breakfast accommodation.E+W

Commencement Information

I119Sch. 7 para. 6 in force at 20.12.2020, see reg. 1(3)

7.  Other holiday accommodation (including holiday apartments, hostels and boarding houses).E+W

Public services etc.

Commencement Information

I120Sch. 7 para. 7 in force at 20.12.2020, see reg. 1(3)

8.  Medical or health services.E+W

Commencement Information

I121Sch. 7 para. 8 in force at 20.12.2020, see reg. 1(3)

9.  Recycling and waste centres.E+W

Commencement Information

I122Sch. 7 para. 9 in force at 20.12.2020, see reg. 1(3)

10.  Community centres.E+W

Commencement Information

I123Sch. 7 para. 10 in force at 20.12.2020, see reg. 1(3)

11.  Libraries and archive services.E+W

Commencement Information

I124Sch. 7 para. 11 in force at 20.12.2020, see reg. 1(3)

12.  Places of worship.E+W

Commencement Information

I125Sch. 7 para. 12 in force at 20.12.2020, see reg. 1(3)

13.  Funeral directors.E+W

Commencement Information

I126Sch. 7 para. 13 in force at 20.12.2020, see reg. 1(3)

14.  Crematoriums.E+W

Commencement Information

I127Sch. 7 para. 14 in force at 20.12.2020, see reg. 1(3)

15.  Veterinary surgeons.E+W

Personal services etc.

Commencement Information

I128Sch. 7 para. 15 in force at 20.12.2020, see reg. 1(3)

16.  Hair salons and barbers.E+W

Commencement Information

I129Sch. 7 para. 16 in force at 20.12.2020, see reg. 1(3)

17.  Nail and beauty salons including tanning and electrolysis services.E+W

Commencement Information

I130Sch. 7 para. 17 in force at 20.12.2020, see reg. 1(3)

18.  Body piercings and tattooing services.E+W

Leisure and social etc.

Commencement Information

I131Sch. 7 para. 18 in force at 20.12.2020, see reg. 1(3)

19.  Cinemas.E+W

Commencement Information

I132Sch. 7 para. 19 in force at 20.12.2020, see reg. 1(3)

20.  Concert halls and theatres.E+W

Commencement Information

I133Sch. 7 para. 20 in force at 20.12.2020, see reg. 1(3)

21.  Casinos.E+W

Commencement Information

I134Sch. 7 para. 21 in force at 20.12.2020, see reg. 1(3)

22.  Bingo halls.E+W

Commencement Information

I135Sch. 7 para. 22 in force at 20.12.2020, see reg. 1(3)

23.  Amusement arcades.E+W

Commencement Information

I136Sch. 7 para. 23 in force at 20.12.2020, see reg. 1(3)

24.  Bowling alleys.E+W

Commencement Information

I137Sch. 7 para. 24 in force at 20.12.2020, see reg. 1(3)

25.  Indoor play centres or areas.E+W

Commencement Information

I138Sch. 7 para. 25 in force at 20.12.2020, see reg. 1(3)

26.  Playgrounds.E+W

Commencement Information

I139Sch. 7 para. 26 in force at 20.12.2020, see reg. 1(3)

27.  Funfairs, amusement parks and theme parks.E+W

Commencement Information

I140Sch. 7 para. 27 in force at 20.12.2020, see reg. 1(3)

28.  Holiday, leisure activity or events businesses.E+W

Commencement Information

I141Sch. 7 para. 28 in force at 20.12.2020, see reg. 1(3)

29.  Museums and galleries.E+W

Commencement Information

I142Sch. 7 para. 29 in force at 20.12.2020, see reg. 1(3)

30.  Skating rinks.E+W

Commencement Information

I143Sch. 7 para. 30 in force at 20.12.2020, see reg. 1(3)

31.  Trampoline parks and centres.E+W

Commencement Information

I144Sch. 7 para. 31 in force at 20.12.2020, see reg. 1(3)

32.  Indoor skate parks and centres.E+W

Commencement Information

I145Sch. 7 para. 32 in force at 20.12.2020, see reg. 1(3)

33.  Spas.E+W

Commencement Information

I146Sch. 7 para. 33 in force at 20.12.2020, see reg. 1(3)

34.  Venues for events or conferences (including venues for weddings).E+W

Commencement Information

I147Sch. 7 para. 34 in force at 20.12.2020, see reg. 1(3)

35.  Visitor attractions.E+W

Sports and exercise

Commencement Information

I148Sch. 7 para. 35 in force at 20.12.2020, see reg. 1(3)

36.  Sports or exercise facilities, including indoor fitness studios and gyms.E+W

Commencement Information

I149Sch. 7 para. 36 in force at 20.12.2020, see reg. 1(3)

37.  Swimming pools.E+W

Commencement Information

I150Sch. 7 para. 37 in force at 20.12.2020, see reg. 1(3)

38.  Sports courts, bowling greens, golf courses and enclosed sports grounds or pitches (whether outdoors or indoors).E+W

Retail etc.

Commencement Information

I151Sch. 7 para. 38 in force at 20.12.2020, see reg. 1(3)

39.  Any business offering goods or services for sale or hire in retail premises, including—E+W

(a)auction houses;

(b)car dealerships;

(c)markets;

(d)betting shops;

(e)garden centres and plant nurseries;

(f)pharmacies (including non-dispensing pharmacies) and chemists;

(g)banks, building societies and other financial services providers;

(h)post offices;

(i)car repair and MOT services;

(j)livestock markets or auctions;

(k)laundrettes and dry cleaners;

(l)petrol stations;

(m)taxi or vehicle hire businesses.

Commencement Information

I152Sch. 7 para. 39 in force at 20.12.2020, see reg. 1(3)

40.  Shopping centres and shopping arcades.E+W

Commencement Information

I153Sch. 7 para. 40 in force at 20.12.2020, see reg. 1(3)

41.  Storage and distribution facilities, including delivery drop off points.E+W

Commencement Information

I154Sch. 7 para. 41 in force at 20.12.2020, see reg. 1(3)

42.  Estate or letting agents, developer sales offices and show homes.E+W

Commencement Information

I155Sch. 7 para. 42 in force at 20.12.2020, see reg. 1(3)

Regulation 26

SCHEDULE 8E+WEnforcement of requirement to take preventative measures on regulated premises

Premises improvement noticeE+W

1.—(1) An enforcement officer may issue a notice (a “premises improvement notice”) to a responsible person if the officer considers that—

(a)the person is not complying with the obligations imposed on the person by regulation 16 [F63, 17 or 17A], and

(b)the measures specified in the notice are necessary and proportionate in order to ensure that the person complies with those obligations.

(2) A premises improvement notice must—

(a)specify the premises to which it relates;

(b)specify the measures it requires to be taken in order to ensure that the person complies with the obligations imposed by regulation 16 [F64, 17 or 17A];

(c)specify a time limit within which the measures must be taken (which must not be less than 48 hours beginning with the time the notice is issued);

(d)give details of the right of appeal conferred by paragraph 5.

(3) In this Schedule, “responsible person” has the meaning given by regulation 15(2).

Textual Amendments

Commencement Information

I156Sch. 8 para. 1 in force at 20.12.2020, see reg. 1(3)

Premises closure noticeE+W

2.—(1) If either condition 1 or condition 2 is satisfied, an enforcement officer may issue a notice (a “premises closure notice”) to a responsible person requiring the premises, or part of the premises, to be closed.

(2) Condition 1 is—

(a)a premises improvement notice has been issued to the person,

(b)the enforcement officer considers that the person has failed to take the measures specified in the premises improvement notice within the specified time limit, and

(c)the officer considers that the closure of the premises, or part of the premises, is necessary and proportionate for the purpose of minimising the risk of exposure to coronavirus.

(3) Condition 2 is that the enforcement officer considers that—

(a)the person is not complying with the obligations imposed on the person by regulation 16 [F65, 17 or 17A], and

(b)the closure of the premises, or part of the premises, (without a premises improvement notice having been issued) is necessary and proportionate for the purpose of minimising the risk of exposure to coronavirus.

(4) A premises closure notice must—

(a)contain a description of the premises to be closed,

(b)where a premises improvement notice has been issued, set out the measures that the enforcement officer considers—

(i)have not been taken, and

(ii)must be taken in order to ensure that the responsible person complies with the obligations imposed by regulation 16 [F66, 17 or 17A],

(c)where a premises improvement notice has not been issued, set out the reasons why the enforcement officer considers that the person is not complying with the obligations imposed by regulation 16 [F67, 17 or 17A],

(d)in either case, set out the reasons why the enforcement officer considers that closure of the premises is necessary and proportionate for the purpose of minimising the risk of exposure to coronavirus,

(e)specify the period for which the notice has effect, and

(f)give details of the right of appeal conferred by paragraph 5.

(5) The period specified under sub-paragraph (4)(e) may not be more than 672 hours (28 days) beginning with the time the notice is issued.

(6) A premises closure notice has effect from the time at which it is issued or from a later time specified in the notice.

(7) A premises closure notice may not be issued in relation to premises which form part of critical infrastructure (for example, premises used to generate electricity or supply water) or which are used to provide essential public services.

(8) Where—

(a)an enforcement officer considers that a responsible person has failed to take the measures specified in a premises improvement notice within the specified time limit, and

(b)either—

(i)a fixed penalty notice has been issued, or

(ii)proceedings have been brought for an offence,

in relation to that failure,

the enforcement officer may nevertheless issue a premises closure notice under sub-paragraph (1).

Textual Amendments

Commencement Information

I157Sch. 8 para. 2 in force at 20.12.2020, see reg. 1(3)

Effect of premises closure noticeE+W

3.—(1) As soon as is reasonably practicable after a premises closure notice takes effect, the person to whom it is issued must ensure that—

(a)the premises to which the notice relates are closed, and

(b)no business is carried on or service is provided on, or from, the premises.

(2) No person may enter, or be on, premises closed under sub-paragraph (1) without a reasonable excuse.

(3) For the purposes of sub-paragraph (2), the circumstances in which a person has a reasonable excuse include where—

(a)the person lives on the premises;

(b)the person is carrying out essential maintenance or repairs;

(c)the person is doing things necessary to ensure that regulation 16 and, where relevant, regulation 17 [F68or 17A] can be complied with when the premises are allowed to be open;

(d)the person is an enforcement officer or a person assisting an enforcement officer;

(e)it is necessary for the person to be on the premises to avoid injury or illness or escape a risk of harm.

Textual Amendments

Commencement Information

I158Sch. 8 para. 3 in force at 20.12.2020, see reg. 1(3)

Termination of premises improvement or closure noticeE+W

4.—(1) An enforcement officer may issue a notice terminating a premises improvement notice or a premises closure notice if satisfied that—

(a)the measures specified in the premises improvement notice (if one was issued) have been taken, or

(b)other measures have been taken to ensure that regulation 16 and, where relevant, regulation 17 [F69or 17A] can be complied with at the premises in question.

(2) A premises improvement notice or premises closure notice ceases to have effect at the time notice of the termination is issued.

Textual Amendments

Commencement Information

I159Sch. 8 para. 4 in force at 20.12.2020, see reg. 1(3)

AppealsE+W

5.—(1) A person to whom a premises improvement notice or premises closure notice is issued may appeal to a magistrates' court against the notice.

(2) An appeal must be made—

(a)by way of complaint for an order, and in accordance with the Magistrates' Courts Act 1980, and

(b)within 7 days after the day the notice is issued.

(3) But a magistrates' court may allow an appeal to be made after the expiry of the period mentioned in sub-paragraph (2)(b) if satisfied that there is a good reason for the failure to appeal before the expiry of that period (and for any delay in applying for permission to appeal out of time).

(4) A magistrates' court may suspend the effect of a premises improvement notice or premises closure notice pending the determination of an appeal.

(5) On an appeal against a premises improvement notice or premises closure notice, a magistrates' court may—

(a)confirm the decision to issue the notice;

(b)direct that the notice is to cease to have effect;

(c)modify the notice;

(d)make such other order as the court considers appropriate.

(6) If the magistrates' court directs that a notice is to cease to have effect or modifies a notice, it may order the local authority for the area in which the premises in question are situated to pay compensation for loss suffered as the result of the issue of the notice.

(7) An appeal by either party against the decision of a magistrates' court on an appeal under this section may be brought to the Crown Court.

(8) On an appeal to the Crown Court, the Court may—

(a)confirm, vary or reverse the decision of the magistrates court;

(b)remit the case to the magistrates' court to dispose of in accordance with directions given by the Crown Court.

Commencement Information

I160Sch. 8 para. 5 in force at 20.12.2020, see reg. 1(3)

Issuing premises improvement and closure notices and terminationsE+W

6.—(1) A premises improvement notice, premises closure notice or a termination of either of those types of notice is issued to a person by giving a copy of it in writing to that person.

(2) But where the person responsible for the premises to which the notice or termination relates is not on the premises when it is to be issued, the notice is to be treated as having been issued to that person if—

(a)a copy of it is given to any other person on the premises who appears to be responsible for any business or service being carried out on the premises, or

(b)if there is no such person on the premises when the notice is to be issued, a copy of the notice is placed in a conspicuous position on the premises.

Commencement Information

I161Sch. 8 para. 6 in force at 20.12.2020, see reg. 1(3)

Publicising premises improvement and closure noticesE+W

7.—(1) This regulation applies where an enforcement officer has issued a premises improvement notice or a premises closure notice.

(2) As soon as reasonably practicable after issuing the notice, the enforcement officer must—

(a)display a copy of the notice, and a sign in the form set out in Schedule 9, in a prominent place near every entrance to the premises;

(b)arrange for the notice to be published on the website of the local authority for the area in which the premises are located.

(3) A notice or sign displayed under sub-paragraph (2)(a) must be at least A4 size.

(4) A notice required to be displayed and published under sub-paragraph (2) must continue to be displayed and published, and a sign required to be displayed under that sub-paragraph must continue to be displayed, for as long as the notice has effect.

Commencement Information

I162Sch. 8 para. 7 in force at 20.12.2020, see reg. 1(3)

Production of documents etc.E+W

8.—(1) An enforcement officer may, to facilitate the exercise of a power conferred on the officer by this Schedule, require the production of, inspect and take copies of, any documents or electronic records.

(2) A person may not be required under sub-paragraph (1) to provide a document, record or other information in respect of which a claim for legal professional privilege could be maintained in legal proceedings.

Commencement Information

I163Sch. 8 para. 8 in force at 20.12.2020, see reg. 1(3)

Regulation 26

SCHEDULE 9E+WForm of sign to accompany premises improvement notice or premises closure notice

Sign to be displayed with premises improvement noticeE+W

1.—(1) A sign displayed with a premises improvement notice under paragraph 7(2)(a) of Schedule 8 must be in the form set out below.E+W

(2) The colours used in the sign must be white, black and amber C0 M60 Y100 K0.

Commencement Information

I164Sch. 9 para. 1 in force at 20.12.2020, see reg. 1(3)

Sign to be displayed with premises closure noticeE+W

2.—(1) A sign displayed with a premises closure notice under paragraph 7(2)(a) of Schedule 8 must be in the form set out below.E+W

(2) The colours used in the sign must be white, black and red C15 M100 Y100 K0.

Commencement Information

I165Sch. 9 para. 2 in force at 20.12.2020, see reg. 1(3)

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