SCHEDULE 1Alert Level 1 Restrictions
PART 1Restrictions on gathering
Restriction on gatherings in private dwellingsI11
F1631
No person may, without a reasonable excuse, participate in a gathering indoors in a private dwelling which consists of more than 6 people unless—
a
all the persons participating in the gathering are members of the same household or extended household, or
b
where all the persons participating in the gathering are not members of the same household or extended household, all the persons participating in the gathering are members of no more than 2 households.
F1661A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
In determining, for the purposes of sub-paragraph F164(1), the number of persons participating in a gathering no account is to be taken of—
a
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;
F50b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
F51c
working or providing voluntary or charitable services, or is receiving services from a person working or providing voluntary or charitable services;
F167d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
This paragraph does not apply to a person who is homeless.
Restriction on gatherings in public placesI22
F1701
No person may, without a reasonable excuse, participate in a gathering which takes place indoors other than in a private dwelling or in holiday or travel accommodation which consists of more than 6 people unless all the persons participating in the gathering are members of the same household.
F1761A
No person may, without a reasonable excuse, participate in a gathering which takes place indoors in holiday or travel accommodation which consists of more than 6 people unless—
a
all the persons participating in the gathering are members of the same household or extended household, or
b
where all the persons participating in the gathering are not members of the same household or extended household, all the persons participating in the gathering are members of no more than 2 households.
F1771B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
In determining, for the purposes of F127sub-paragraphs (1) and F171(1A), the number of persons participating in a gathering no account is to be taken of—
F172a
any children under the age of 11, as long as the persons participating in the gathering (including any children under the age of 11) are from no more than 6 households, or
b
the carer of a person who is participating in the gathering.
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;
F52e
participating in an indoor gathering F150at regulated premises to—
i
celebrate a solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony that took place on or after 26 March 2020;
ii
celebrate the life of a deceased person whose funeral is held on or after 26 March 2020;
f
attending a place of worship;
g
an elite athlete and is training or competing;
h
providing coaching or other support to an elite athlete, or providing support at an elite sporting event;
F173i
participating in, attending or facilitating a regulated gathering or event that takes place to any extent indoors other than at holiday or travel accommodation;
F174j
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F175k
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F149ka
participating in or facilitating a regulated gathering of F178no more than 30 children in holiday or travel accommodation, where the gathering relates to—
F180i
a regulated gathering 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);
ii
a gathering in which the children are participating for the purpose described in sub-paragraph (4)(i);
l
attending or facilitating an event authorised by the Welsh Ministers in accordance with paragraph 5.
F1796
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Extended householdsI33
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 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 F25... 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
F53ba
paragraph 4 of Schedule 3A F80(despite its revocation by the Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 9) Regulations 2021),
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
F276A
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 F5part of an extended household, the household may not agree to be treated as F5part of an extended household with any other household F6unless 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.
F289
In this paragraph, “well-being needs household” means—
a
a single adult household;
b
a household comprising of 1 or more children and no adults.
PART 2Restrictions on organising events
Prohibition on organising eventsI44
F1281
No person may, without a reasonable excuse, be involved in organising an event unless—
a
the event is regulated (see regulation 57(7)), F181and
F182b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
F185where the event is held to any extent indoors, no more than the permitted number of people attend at any time.
1A
The permitted number of people is—
a
where every person attending is normally seated during the event, F1861000;
b
otherwise, F187200.
1B
For the purposes of this paragraph, a person working, or providing voluntary services, in relation to the holding of an event is not to be treated as attending the event.
F1292
Sub-paragraph (1) does not apply to a person involved in organising—
a
an event held at a private dwelling at which people do not participate in a gathering in contravention of paragraph 1;
b
an event authorised by the Welsh Ministers under paragraph 5;
c
a solemnisation of a marriage, formation of a civil partnership or an alternative wedding ceremony;
d
a funeral;
e
i
celebrate a solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony that took place on or after 26 March 2020;
ii
celebrate the life of a deceased person whose funeral is held on or after 26 March 2020;
F183f
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
g
a regulated gathering, in premises other than holiday or travel accommodation, for the development or well-being of children (including sports, music and other recreational activities such as those provided for children outside of school hours and during school holidays).
F184ga
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F147h
an event that is held to any extent indoors at regulated premises F155(other than at holiday or travel accommodation) and at which—
i
no more than 6 people are in attendance, or
ii
all of the people in attendance are members of the same household F156...;
i
an event that is held outdoors at regulated premises (other than at holiday or travel accommodation) and at which—
i
no more than 30 people are in attendance, or
ii
all of the people in attendance are members of the same household;
F151ia
an event that is any of the following, where it is held in premises ordinarily used for that purpose—
i
the showing of a film,
ii
an entertainment performance where no more than 200 people are in attendance or where it is held outdoors,
iii
a market, or
iv
a religious service;
ib
an elite sporting event at which the only people present are elite athletes and persons working or providing voluntary services for the event;
j
an event that is held outdoors at premises that are not regulated premises or outdoors at holiday or travel accommodation and at which—
i
no more than 30 people are in attendance, or
ii
all of the people in attendance are members of the same household or extended household.
F152k
an event that is held to any extent indoors at holiday or travel accommodation and at which F188—
i
no more than 6 people are in attendance,
ii
all of the people in attendance are members of the same household or extended household, or
iii
where all the people in attendance are not members of the same household or extended household, all of the people in attendance are members of no more than 2 households.
F1482A
In determining, for the purposes of sub-paragraph (2), the number of persons in attendance at an event, no account is to be taken of—
a
any children under the age of 11,
b
the carer of any person in attendance, or
c
any person working, or providing voluntary services, at the event.
3
For the purposes of sub-paragraph (1)—
a
a person is not involved in organising an event if the person's only involvement is attending it;
b
a reasonable excuse includes where the person has taken all reasonable measures to ensure that no more than F130the permitted number of people are present at the event at any time;
F153c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F153d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Authorised eventsI55
F911
The Welsh Ministers may give authorisation in writing for an event to be held.
F922
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
F904A
A requirement, restriction or other condition specified by the Welsh Ministers in an authorisation given under sub-paragraph (1) may modify F190regulation 16 (requirement to take all reasonable measures to minimise exposure to coronavirus) for a specified period in so far as it applies to the premises at which the event is held.
5
The Welsh Ministers must publish—
a
an authorisation given under sub-paragraph (1), and
b
details of any requirements, restrictions or other conditions specified by the Welsh Ministers in relation to an event to be held under the authorisation.
6
The Welsh Ministers may withdraw an authorisation at any time by giving notice in writing to the person to whom the authorisation was given.
7
An authorisation may be withdrawn under sub-paragraph (6) only if the Welsh Ministers —
a
have reasonable grounds to believe that the event will not be held, or is not being held, in accordance with a requirement, restriction or other condition specified by them, or
b
consider that it is necessary and proportionate to withdraw the authorisation for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection by coronavirus.
F40PART 3Restrictions on travelling
Restriction on travel to and from Alert Level 1 areaF406
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART 4Restrictions on certain businesses and services
Closure of premises used by certain businesses and servicesI67
1
A person responsible for carrying on or providing a business or service listed in paragraph 9 F168or 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 F29... ;
d
the use of premises for the provision of services or information (including the sale, hire or delivery of goods or services)—
i
through a website, or otherwise by on-line communication,
ii
by telephone, including by text message, or
iii
by post.
3
Where—
a
a person responsible for carrying on a business (“business A”) is required by virtue of this paragraph to cease carrying on business A at premises, and
b
business A forms part of a larger business (“business B”),
the requirement in this paragraph is complied with if the person responsible for carrying on business B ceases to carry on business A at the premises.
Restrictions on licensed premisesF548
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Businesses or services whose premises must be closedI79
Nightclubs, discotheques, dance halls or other venues authorised for the sale or supply of alcohol where live or recorded music is provided for members of the public or members of the venue to dance.
I810
Sexual entertainment venues (within the meaning given by paragraph 2A of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 M1).
F16911
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 2Alert Level 2 Restrictions
PART 1Restrictions on gathering
Restriction on gatherings in private dwellingsI91
F561
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.
F551A
But a person may participate in such a gathering outdoors if the gathering consists of no more than 6 persons.
2
In determining, for the purposes of F57sub-paragraph (1A), the number of persons participating in a gathering no account is to be taken of—
a
any children under the age of 11 F58, as long as the persons participating in the gathering (including any children under the age of 11) are from no more than 6 households, or
b
the carer of a person who is participating in the gathering.
3
For the purposes of sub-paragraph (1), a person has a reasonable excuse if—
a
the person is participating in the gathering for a purpose that is reasonably necessary and there is no reasonably practicable alternative, or
b
one of the circumstances in sub-paragraph (5) applies.
4
Examples of purposes for which it may be reasonably necessary for a person to participate in a gathering include—
a
obtaining or providing medical assistance, or accessing veterinary services;
F59b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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;
F60ba
working or providing voluntary or charitable services, or is receiving services from a person working or providing voluntary or charitable services;
c
participating in a gathering of no more than 4 people where all the persons in the gathering—
i
live in the same premises, and
ii
share toilet, washing, dining or cooking facilities with each other.
6
This paragraph does not apply to a person who is homeless.
Restriction on gatherings in public placesI102
1
No person may, without a reasonable excuse, participate in a gathering which—
a
takes place anywhere other than—
i
in a private dwelling, or
ii
in holiday or travel accommodation, and
2
But a person may participate in such a gathering which—
a
F102aa
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F96b
takes place outdoors other than in regulated premises if all the persons participating in the gathering are members of the same household or extended household.
3
No person may, without a reasonable excuse, participate in a gathering which takes place in holiday or travel accommodation unless all the persons participating in the gathering are members of the same household F63or extended household.
F613A
But a person may participate in such a gathering outdoors if the gathering consists of no more than 6 persons.
3B
In determining, for the purposes of F103sub-paragraph (3A), the number of persons participating in a gathering no account is to be taken of—
a
any children under the age of 11, as long as the persons participating in the gathering (including any children under the age of 11) are from no more than 6 households, or
b
the carer of a person who is participating in the gathering.
4
For the purposes of sub-paragraphs (1) and (3), a person has a reasonable excuse if—
a
the person is participating in the gathering for a purpose that is reasonably necessary and there is no reasonably practicable alternative, or
b
one of the circumstances in sub-paragraph (6) applies.
5
Examples of purposes for which it may be reasonably necessary for a person to participate in a gathering include—
a
obtaining or providing medical assistance, or accessing veterinary services;
b
working or providing voluntary or charitable services;
c
meeting a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings;
d
providing, receiving or accessing care or assistance, including childcare or relevant personal care within the meaning of paragraph 7(3B) of Schedule 4 to the Safeguarding of Vulnerable Groups Act 2006, where the person receiving the care is a vulnerable person;
e
in relation to children who do not live in the same household as their parents, or one of their parents, continuing existing arrangements for access to, and contact between, parents and children, and for the purposes of this paragraph, “parent” includes a person who is not a parent of the child, but who has parental responsibility for, or who has care of, the child;
f
moving home;
g
undertaking activities in connection with the purchase, sale, letting, or rental of residential property;
h
accessing or receiving public services;
i
accessing or receiving educational services.
F64j
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;
F65e
participating in an indoor gathering of no more than 30 people at regulated premises, or an outdoor gathering of no more than 50 people at such premises, not counting (in either case) persons under the age of 11 or persons working at the premises, to—
i
celebrate a solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony that took place on or after 26 March 2020;
ii
celebrate the life of a deceased person whose funeral is held on or after 26 March 2020;
f
attending a place of worship;
g
an elite athlete and is training or competing;
h
providing coaching or other support to an elite athlete, or providing support at an elite sporting event;
i
participating in or facilitating F97a regulated gathering that takes place F131to any extent indoors and at which—
i
ii
no alcohol is consumed;
j
participating in or facilitating F99a regulated gathering that takes place F132... outdoors and at which—
F67i
no more than 50 people are in attendance, not counting persons under the age of 11 or persons working, or providing voluntary services, F100at the gathering, unless the gathering is organised for the purposes of protest, or picketing carried out in accordance with the Trade Union and Labour Relations (Consolidation) Act 1992, and
ii
no alcohol is consumed;
F81k
participating in or facilitating an F101regulated gathering, in premises other than holiday or travel accommodation, for the development or well-being of persons who were aged under 18 on 31 August 2020 (including sports, music and other recreational activities such as those provided for children outside of school hours and during school holidays);
l
attending or facilitating an event authorised by the Welsh Ministers in accordance with paragraph 5.
7
This paragraph does not apply to a person who is homeless.
Extended householdsI113
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 F30well-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 F31members of the households must agree.
4
A household may only agree to be treated as being in 1 extended household F7at any one time.
F85
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
F68aa
paragraph 4 of Schedule 3A F82(despite its revocation by the Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 9) Regulations 2021),
b
paragraph 3 of Schedule 4,
those households are to be treated as having agreed to be treated as an extended household under this paragraph.
7
F337A
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 F10part of an extended household, the household may not agree to be treated as F10part of an extended household with any other household F11unless 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.
F3410
In this paragraph, “well-being needs household” means—
a
a single adult household;
b
a household comprising of 1 or more children and no adults.
PART 2Restrictions on organising events
Prohibition on organising eventsI124
F1331
No person may, without a reasonable excuse, be involved in organising an event unless—
a
the event is regulated (see regulation 57(7)),
b
the event is held outdoors, and
c
no more than 50 people attend at any time.
1A
For the purposes of this paragraph, a person working, or providing voluntary services, in relation to the holding of an event is not to be treated as attending the event.
F1342
Sub-paragraph (1) does not apply to a person involved in organising—
a
an event held at a private dwelling at which people do not participate in a gathering in contravention of paragraph 1;
b
an event authorised by the Welsh Ministers under paragraph 5;
c
a solemnisation of a marriage, formation of a civil partnership or an alternative wedding ceremony;
d
a funeral;
e
an indoor gathering F159at regulated premises where no more than 30 people are in attendance, or an outdoor gathering at regulated premises where no more than 50 people are in attendance, to—
i
celebrate a solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony that took place on or after 26 March 2020;
ii
celebrate the life of a deceased person whose funeral is held on or after 26 March 2020;
f
a regulated gathering that takes place to any extent indoors and at which—
i
no more than 30 people are in attendance, F160... and
ii
no alcohol is consumed;
g
a regulated gathering that takes place outdoors and at which—
i
no more than 50 people are in attendance, F161... unless the gathering is organised for the purposes of protest, or picketing carried out in accordance with the Trade Union and Labour Relations (Consolidation) Act 1992, and
ii
no alcohol is consumed;
h
a regulated gathering, in premises other than holiday or travel accommodation, for the development or well-being of children (including sports, music and other recreational activities such as those provided for children outside of school hours and during school holidays).
F162i
an event that is held at regulated premises, other than at holiday or travel accommodation, and at which—
i
no more than 6 people are in attendance, or
ii
all of the people in attendance are members of the same household;
j
an event that is any of the following, where it is held in premises ordinarily used for that purpose—
i
the showing of a film,
ii
an entertainment performance where no more than 200 people are in attendance or where it is held outdoors,
iii
a market, or
iv
a religious service;
k
an elite sporting event at which the only people present are elite athletes and persons working or providing voluntary services for the event;
l
an event that is held outdoors at premises that are not regulated premises or outdoors at holiday or travel accommodation and at which—
i
no more than 6 people are in attendance, or
ii
all of the people in attendance are members of the same household or extended household;
m
an event that is held to any extent indoors at holiday or travel accommodation and at which all of the people in attendance are members of the same household or extended household.
F1572A
In determining, for the purposes of sub-paragraph (2), the number of persons in attendance at an event, no account is to be taken of—
a
any children under the age of 11,
b
the carer of any person in attendance, or
c
any person working, or providing voluntary services, at the event.
3
For the purposes of sub-paragraph (1)—
a
a person is not involved in organising an event if the person's only involvement is attending it;
b
a reasonable excuse includes where the person has taken all reasonable measures to ensure that no more than F13550 people are present at the event at any time;
F158c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F158d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Authorised eventsI135
F1051
The Welsh Ministers may give authorisation in writing for an event to be held.
F1062
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
F1044A
A requirement, restriction or other condition specified by the Welsh Ministers in an authorisation given under sub-paragraph (1) may modify F191regulation 16 (requirement to take all reasonable measures to minimise exposure to coronavirus) for a specified period in so far as it applies to the premises at which the event is held.
5
The Welsh Ministers must publish—
a
an authorisation given under sub-paragraph (1), and
b
details of any requirements, restrictions or other conditions specified by the Welsh Ministers in relation to an event to be held under the authorisation.
6
The Welsh Ministers may withdraw an authorisation at any time by giving notice in writing to the person to whom the authorisation was given.
7
An authorisation may be withdrawn under sub-paragraph (6) only if the Welsh Ministers —
a
have reasonable grounds to believe that the event will not be held, or is not being held, in accordance with a requirement, restriction or other condition specified by them, or
b
consider that it is necessary and proportionate to withdraw the authorisation for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection by coronavirus.
F41PART 3Restrictions on travelling
Sch. 2 Pt. 3 omitted (12.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(14)
Restriction on travel to and from Alert Level 2 areaF416
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART 4Restrictions on certain businesses and services
Closure of premises used by certain businesses and servicesI147
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 F35... ;
d
the use of premises for the provision of services or information (including the sale, hire or delivery of goods or services)—
i
through a website, or otherwise by on-line communication,
ii
by telephone, including by text message, or
iii
by post.
3
Where—
a
a person responsible for carrying on a business (“business A”) is required by virtue of this paragraph to cease carrying on business A at premises, and
b
business A forms part of a larger business (“business B”),
the requirement in this paragraph is complied with if the person responsible for carrying on business B ceases to carry on business A at the premises.
Restrictions on licensed premisesF698
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Businesses or services whose premises must be closedI159
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.
I1610
Sexual entertainment venues (within the meaning given by paragraph 2A of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982).
F4811
Ice skating rinks.
F49SCHEDULE 3Alert Level 3 Restrictions
Sch. 3 substituted (26.4.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(14)
PART 1Restrictions on gathering
Restriction on gatherings in private dwellings1
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.
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, as long as the persons participating in the gathering (including any children under the age of 11) are from no more than 6 households, or
b
the carer of a person who is participating in the gathering.
4
For the purposes of sub-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
meeting a legal obligation;
c
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;
d
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;
e
moving home;
f
undertaking activities in connection with the purchase, sale, letting or rental of residential property;
g
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
working or providing voluntary or charitable services, or obtaining services from a person working or providing voluntary or charitable services;
d
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
This paragraph does not apply to a person who is homeless.
Restriction on gatherings in holiday or travel accommodation2
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
But a person may participate in such a gathering outdoors if the gathering consists of no more than 6 persons.
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, as long as the persons participating in the gathering (including any children under the age of 11) are from no more than 6 households, or
b
the carer of a person who is participating in the gathering.
4
For the purposes of sub-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
meeting a legal obligation;
c
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;
d
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.
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
working or providing voluntary or charitable services;
d
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;
e
participating in an indoor gathering of no more than 15 people at holiday or travel accommodation, 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 took place on or after 26 March 2020;
ii
celebrate the life of a deceased person whose funeral is held on or after 26 March 2020,
at which no alcohol is consumed;
f
participating in an outdoor gathering of no more than 30 people at holiday or travel accommodation, 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 took place on or after 26 March 2020;
ii
celebrate the life of a deceased person whose funeral is held on or after 26 March 2020;
g
participating in or facilitating F107a regulated gathering that takes place F136to any extent indoors and 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, F109at the gathering, and
ii
no alcohol is consumed;
h
participating in or facilitating F108a regulated gathering that takes place F137... outdoors and 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, F110at the gathering, and
ii
no alcohol is consumed;
i
attending or facilitating an event authorised by the Welsh Ministers in accordance with paragraph 6.
7
This paragraph does not apply to a person who is homeless.
Restriction on gatherings in public places3
1
No person may, without a reasonable excuse, participate in a gathering 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—
a
outdoors in regulated premises if the gathering consists of no more than 6 persons;
b
outdoors other than in regulated premises if—
i
the gathering consists of no more than 6 persons, or
ii
all the persons participating in the gathering are members of the same extended household.
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, as long as the persons participating in the gathering (including any children under the age of 11) are from no more than 6 households, or
b
the carer of a person who is participating in the gathering.
4
For the purposes of sub-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
participating in an indoor 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 took place on or after 26 March 2020;
ii
celebrate the life of a deceased person whose funeral is held on or after 26 March 2020,
at which no alcohol is consumed;
f
participating in an outdoor gathering of no more than 30 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 took place on or after 26 March 2020;
ii
celebrate the life of a deceased person whose funeral is held on or after 26 March 2020;
g
attending a place of worship;
h
an elite athlete and is training or competing;
i
providing coaching or other support to an elite athlete, or providing support at an elite sporting event;
j
participating in or facilitating F111a regulated gathering that takes place F138to any extent indoors and 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, F112at the gathering, and
ii
no alcohol is consumed;
k
participating in or facilitating F113a regulated gathering that takes place F139... outdoors and 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, F114at the gathering, unless the gathering is organised for the purposes of protest, or picketing carried out in accordance with the Trade Union and Labour Relations (Consolidation) Act 1992, and
ii
no alcohol is consumed;
l
participating in or facilitating F115a regulated gathering 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);
m
attending or facilitating an event authorised by the Welsh Ministers in accordance with paragraph 6.
7
This paragraph does not apply to a person who is homeless.
Extended households4
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 well-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 members of the households must agree.
4
A household may only agree to be treated as being in 1 extended household at any one time.
5
Where a household has agreed to be treated as an extended household with any 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,
b
paragraph 4 of Schedule 3A F83(despite its revocation by the Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 9) Regulations 2021), 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.
7
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.
8
Sub-paragraph (9) 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.
9
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).
10
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.
11
In this Schedule, references to an extended household are references to an extended household formed under or by virtue of this paragraph.
12
In this paragraph, “well-being needs household” means—
a
a single adult household;
b
a household comprising of 1 or more children and no adults.
PART 2Restrictions on organising events
Prohibition on organising events5
F1401
No person may, without a reasonable excuse, be involved in organising an event unless—
a
the event is regulated (see regulation 57(7)),
b
the event is held outdoors, and
c
no more than 30 people attend at any time.
1A
For the purposes of this paragraph, a person working, or providing voluntary services, in relation to the holding of an event is not to be treated as attending the event.
F1412
Sub-paragraph (1) does not apply to a person involved in organising—
a
an event held at a private dwelling at which people do not participate in a gathering in contravention of paragraph 1;
b
an event authorised by the Welsh Ministers under paragraph 6;
c
a solemnisation of a marriage, formation of a civil partnership or an alternative wedding ceremony;
d
a funeral;
e
an indoor gathering of no more than 15 people at regulated premises, or an outdoor gathering of no more than 30 people at such premises, not counting (in either case) persons under the age of 11 or persons working at the premises, to—
i
celebrate a solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony that took place on or after 26 March 2020;
ii
celebrate the life of a deceased person whose funeral is held on or after 26 March 2020;
f
a regulated gathering that takes place to any extent indoors and 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, at the gathering, and
ii
no alcohol is consumed;
g
a regulated gathering that takes place outdoors and 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, at the gathering, unless the gathering is organised for the purposes of protest, or picketing carried out in accordance with the Trade Union and Labour Relations (Consolidation) Act 1992, and
ii
no alcohol is consumed;
h
a regulated gathering, in premises other than holiday or travel accommodation, for the development or well-being of children (including sports, music and other recreational activities such as those provided for children outside of school hours and during school holidays).
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 F14230 people are present at the event at any time;
F116c
where—
i
a market, or
ii
a religious service,
is held in premises ordinarily used for that purpose or outdoors, it is not to be treated as an event;
d
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
an elite sporting event at which the only people present are elite athletes and persons working or providing voluntary services at the event.
Authorised events6
F1181
The Welsh Ministers may give authorisation in writing for an event to be held.
F1192
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
F1174A
A requirement, restriction or other condition specified by the Welsh Ministers in an authorisation given under sub-paragraph (1) may modify F192regulation 16 (requirement to take all reasonable measures to minimise exposure to coronavirus) for a specified period in so far as it applies to the premises at which the event is held.
5
The Welsh Ministers must publish—
a
an authorisation given under sub-paragraph (1), and
b
details of any requirements, restrictions or other conditions specified by the Welsh Ministers in relation to an event to be held under the authorisation.
6
The Welsh Ministers may withdraw an authorisation at any time by giving notice in writing to the person to whom the authorisation was given.
7
An authorisation may be withdrawn under sub-paragraph (6) only if the Welsh Ministers —
a
have reasonable grounds to believe that the event will not be held, or is not being held, in accordance with a requirement, restriction or other condition specified by them, or
b
consider that it is necessary and proportionate to withdraw the authorisation for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection by coronavirus.
PART 3Restrictions on certain businesses and services
CHAPTER 1Businesses or services whose premises are required to be closed but to which limited access may be allowed
Closure of indoor premises of food and drink businesses7
1
A person responsible for carrying on a business which is listed in paragraphs 11 to 13 (food and drink businesses) must close to members of the public any part of its premises which is indoors and used for the consumption of food or drink.
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 use of premises for any purpose as may be requested or authorised by the Welsh Ministers or a local authority;
e
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
Sub-paragraph (1) does not apply to—
a
cafés and canteens at a hospital, care home, school or within accommodation provided for students;
b
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.
4
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.
5
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-contained8
1
A person responsible for carrying on a business which is listed in paragraphs 14 to 17 (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.
CHAPTER 2Businesses or services whose premises are required to be closed
Closure of businesses and services9
1
A person responsible for carrying on a business or providing a service which is listed in paragraphs 18 to 35 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
In its application to a business or service listed in paragraphs 27 (funfairs, amusement parks and theme parks), 28 (holiday, leisure activity or events businesses), 29 (museums and galleries), 32 (trampoline parks and centres), F84... 34 (venues for events or conferences (including venues for weddings)) and 35 (visitor attractions), sub-paragraph (1) does not apply to—
a
a public outdoor area of the premises, or
b
a public indoor area of the premises where it is necessary for the indoor area to be open—
i
to allow access to a public outdoors area,
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.
3
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.
F854
Despite sub-paragraph (1), a person responsible for carrying on a business or providing a service listed in paragraph 28 (holiday, leisure activity or events businesses) may open the indoor areas of its premises to the public, but only for the purposes of facilitating F120a regulated gathering 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
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 3Businesses and services whose premises are exempt from the requirement to close
F87Exemption from the requirement to be closed: venues for weddings and celebrations of life of deceased10
Despite the preceding provisions of this Part—
a
premises used as a venue for the solemnisation of a marriage, formation of civil partnership or alternative wedding ceremony, or the celebration of such an event, may open to the public—
i
to the extent that this is required for the purposes of the solemnisation of a marriage, formation of civil partnership or alternative wedding ceremony at the premises, or the celebration of such an event at the premises;
ii
for the purposes of enabling a person to visit the premises, by appointment, with a view to booking the premises for the solemnisation of a marriage, formation of civil partnership or alternative wedding ceremony, or for the celebration of such an event;
b
premises used as a venue for the celebration of the life of a deceased person may open to the public to the extent that this is required for such a celebration at the premises.
CHAPTER 4List of closed or partially closed premises
Closed or partially closed premisesFood and drink businesses
11
Bars (including bars in members’ clubs).
12
Public houses.
13
Cafes, canteens and restaurants (including workplace canteens and dining rooms in members’ clubs).
Holiday or travel accommodation
14
Camping sites.
15
Holiday sites.
16
Hotels and bed and breakfast accommodation.
17
Other holiday accommodation (including holiday apartments, hostels and boarding houses).
Leisure and social etc.
18
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.
19
Sexual entertainment venues (within the meaning given by paragraph 2A of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982).
20
Cinemas, other than drive in cinemas.
21
Concert halls and theatres, other than drive in theatres.
22
Casinos.
23
Bingo halls.
24
Amusement arcades.
25
Bowling alleys.
26
Indoor play centres or areas.
27
Funfairs, amusement parks and theme parks.
28
Holiday, leisure activity or events businesses.
29
Museums and galleries.
30
Ice skating rinks.
31
Trampoline parks and centres.
32
Indoor skate parks and centres.
F7833
Steam rooms.
34
Venues for events or conferences (including venues for weddings).
35
Visitor attractions.
F77SCHEDULE 3ATemporary Alert Level 3 Restrictions
Sch. 3A omitted (3.5.2021 immediately before the start of the day) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 9) Regulations 2021 (S.I. 2021/542), regs. 1(2), 2(6)
F77PART 1Restriction on gathering
Restriction on gatherings in private dwellingsF771
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Restriction on gatherings in holiday or travel accommodationF772
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Restriction on gatherings in public placesF773
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Extended householdsF774
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F77PART 2Restrictions on organising events
Prohibition on organising eventsF775
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Authorised eventsF775A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F77PART 3Restrictions on travelling
Restriction on travel to and from Alert Level 3 areaF776
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F77PART 4Restrictions on certain businesses and services
F77CHAPTER 1Businesses or services whose premises are required to be closed but to which limited access may be allowed
Closure of indoor premises of food and drink businessesF777
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Closure of holiday or travel accommodation that is not self-containedF778
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Closure of community centres ...F779
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F77CHAPTER 2Businesses or services whose premises are required to be closed
Closure of businesses and servicesF7710
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F77CHAPTER 3Businesses and services whose premises are exempt from the requirement to close
Exemption from the requirement to be closedF7711
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F77CHAPTER 4List of closed premises
F77Closed premises
Food and drink businesses
F7712
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7713
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7714
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Holiday or travel accommodation
F7715
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7716
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7717
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7718
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Public services etc.
F7719
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7720
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Personal services etc.
F7721
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7722
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7723
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Leisure and social etc.
F7724
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7725
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7726
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7727
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7728
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7729
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7730
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7731
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7732
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7733
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7734
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7735
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7736
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7737
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7738
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7739
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7740
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7741
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sports and exercise.
F7742
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7743
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7744
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Retail etc.
F7745
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7746
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7747
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F77Exempt premises
Public services etc.
F7748
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7749
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7750
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Food and drink businesses
F7751
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7752
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Retail etc.
F7753
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7754
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7755
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7756
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7757
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7758
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7759
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7760
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7761
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7762
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7763
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7764
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7765
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7766
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 4Alert Level 4 Restrictions
PART 1Restrictions on movement and gathering with others
Requirement to stay at homeI171
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, F122...
iii
with the person's carer F123, or
F121iv
with 1 other person who is not a member of the person’s household or extended household or the person’s carer, and any children under the age of 11 who are members of either person’s household;
g
an elite athlete and is training or competing;
h
providing coaching or other support to an elite athlete, or providing support at—
i
an elite sporting event, or
ii
a sporting event taking place outside Wales;
i
travelling to vote in an election;
j
travelling to or from, or is present at, a place where a member of their extended household is living.
5
In sub-paragraph (4)(f)—
a
exercise must start and finish at the place where the person is living or where a member of the person's extended household is living, or
b
where, for reasons of physical or mental illness or impairment, or a disability (within the meaning of section 6 of the Equality Act 2010), the person needs to exercise in another place, exercise must take place in an area local to the place where the person is living.
6
This paragraph does not apply to a person who is homeless.
Requirement not to gather with other peopleI182
1
No person may, without a reasonable excuse, gather with any other person apart from—
a
members of their household,
b
their carer, or
c
a person they are providing care to.
2
For the purposes of sub-paragraph (1), a person has a reasonable excuse if—
a
the person is gathering with other people for a purpose that is reasonably necessary and there is no reasonably practicable alternative, or
b
one of the circumstances in sub-paragraph (4) applies.
3
Examples of purposes for which it may be reasonably necessary for a person to participate in a gathering include—
a
obtaining or providing medical assistance, or accessing veterinary services;
b
working or providing voluntary or charitable services;
c
meeting a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings;
d
providing, receiving or accessing care or assistance, including childcare or relevant personal care within the meaning of paragraph 7(3B) of Schedule 4 to the Safeguarding of Vulnerable Groups Act 2006, where the person receiving the care is a vulnerable person;
e
in relation to children who do not live in the same household as their parents, or one of their parents, continuing existing arrangements for access to, and contact between, parents and children, and for the purposes of this sub-paragraph, “parent” includes a person who is not a parent of the child, but who has parental responsibility for, or who has care of, the child;
f
moving home;
g
viewing a property in connection with the purchase, sale, letting or rental of the property;
h
undertaking activities in connection with the purchase, sale, letting or rental of residential property;
i
accessing or receiving public services;
j
accessing or receiving educational services;
k
avoiding illness, injury or other risk of harm.
4
The circumstances referred to in sub-paragraph (2)(b) are that the person is—
a
providing or receiving emergency assistance;
b
attending a solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony—
i
as a party to the marriage, civil partnership or wedding,
ii
if invited to attend, or
iii
as the carer of a person attending;
c
attending a funeral—
i
as a person responsible for arranging the funeral,
ii
if invited by a person responsible for arranging the funeral, or
iii
as the carer of a person attending;
d
attending a place of worship;
e
an elite athlete and is training or competing;
f
providing coaching or other support to an elite athlete, or providing support at an elite sporting event;
g
participating in a gathering with members of their extended household at a place where members of the extended household are living;
h
participating in a gathering of no more than 4 people where all the persons in the gathering—
i
live in the same premises, and
ii
share toilet, washing, dining or cooking facilities with each other;
5
This paragraph does not apply to a person who is homeless.
Extended householdsI193
1
A F22well-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 F36members of the households must agree.
3
A household may only agree to be treated as being in 1 extended household F13at any one time.
4
Where a F23well-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,
F14(“the previous extended household”), an agreement under this paragraph may be made only between the F23well-being needs household and 1 of those other households F15unless a period of at least 10 days has expired since any member of the F23well-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
F385A
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 F17part of an extended household, the household may not agree to be treated as F17part of an extended household with any other household F18unless 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.
F218
In this paragraph, “well-being needs household” means—
a
a single adult household;
b
a household comprising of 1 or more children and no adults.
PART 2Restrictions on organising events
Prohibition on organising eventsI204
F1431
No person may, without a reasonable excuse, be involved in organising an event unless—
a
the event is regulated (see regulation 57(7)),
b
the event is held outdoors, and
c
no more than 30 people attend at any time.
1A
For the purposes of this paragraph, a person working, or providing voluntary services, in relation to the holding of an event is not to be treated as attending the event.
F1442
Sub-paragraph (1) does not apply to a person involved in organising—
a
an event held at a private dwelling at which people do not participate in a gathering in contravention of paragraph 2;
b
an elite sporting event authorised by the Welsh Ministers under paragraph 5;
c
a solemnisation of a marriage, formation of a civil partnership or an alternative wedding ceremony;
d
a funeral.
3
For the purposes of sub-paragraph (1)—
a
a person is not involved in organising an event if the person's only involvement is attending it;
b
a reasonable excuse includes where the person has taken all reasonable measures to ensure that no more than F14530 people are present at the event at any time;
F126c
where—
i
a market, or
ii
a religious service,
is held in premises ordinarily used for that purpose or outdoors, it is not to be treated as an event.
Authorised elite sporting eventsI215
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.
F42PART 3Restrictions on travel
Sch. 4 Pt. 3 omitted (12.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(17)(a)
Restriction on travel to Alert Level 4 areaF426
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F39PART 3ARestrictions on attending schools and further education institutions
Sch. 4 Pt. 3A omitted (13.3.2021 immediately before the start of the day) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 5) Regulations 2021 (S.I. 2021/307), regs. 1(2), 2(7)(b)
Restriction on attending school premises6A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Restriction on attending further education premises6B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Enforcement6C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Interpretation of Part 3A6D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART 4Restrictions on certain businesses and services
CHAPTER 1Business and services whose premises must be closed but to which limited access may be allowed
Closure of food and drink businessesI227
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 accommodationI238
1
A person responsible for carrying on a business which is listed in paragraphs 15 to 18 (holiday or travel accommodation) must—
a
close to members of the public any premises operated as part of the business, and
b
not carry on business at such premises otherwise than in accordance with this regulation.
2
Sub-paragraph (1) does not prevent—
a
carrying out maintenance and repairs or other work to ensure premises are suitable for use when sub-paragraph (1) no longer applies to the premises;
b
the use of premises for any purpose as may be requested or authorised by the Welsh Ministers or a local authority;
c
the provision of accommodation for any persons staying in that accommodation when this paragraph most recently began to apply to the area in which the accommodation is situated and who—
i
are unable to return to their main residence, or
ii
are using the accommodation as their main residence;
d
the use of premises to carry on the business by providing information or other services—
i
through a website, or otherwise by on-line communication,
ii
by telephone, including enquiries by text message, or
iii
by post.
3
Where—
a
a person responsible for carrying on a business (“business A”) is required by virtue of this paragraph to cease carrying on business A at premises, and
b
business A forms part of a larger business (“business B”),
the requirement in this paragraph is complied with if the person responsible for carrying on business B ceases to carry on business A at the premises.
Closure of community centres F43...I249
1
2
A community centre may be open—
a
to provide essential voluntary services, or
b
to provide public services upon the request of the Welsh Ministers or a local authority.
F463
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F464
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
In this paragraph, “public services” includes the provision of food banks or other support for homeless or vulnerable people, childcare, blood donation sessions or support in an emergency.
CHAPTER 2Businesses or services whose premises are required to be closed
Closure of businesses and servicesI2510
1
A person responsible for carrying on a business or providing a service which is listed in paragraphs 21 to 48 must—
a
close to members of the public any premises operated as part of the business or service, and
b
not carry on the business or service at such premises otherwise than in accordance with this paragraph.
2
Sub-paragraph (1) does not prevent—
a
carrying out maintenance and repairs or other work to ensure premises are suitable for use when sub-paragraph (1) no longer applies to the premises;
b
the use of premises for any purpose as may be requested or authorised by the Welsh Ministers or a local authority;
c
the use of premises to broadcast without an audience present at the premises (whether over the internet or as part of a radio or television broadcast) or to rehearse for such a broadcast;
d
the use of premises for the provision of goods or services (including their sale, hire, collection or delivery) in response to an order or enquiry made—
i
through a website, or otherwise by on-line communication,
ii
by telephone, including by text message, or
iii
by post;
e
the use of premises for the provision of information—
i
through a website, or otherwise by on-line communication,
ii
by telephone, including by text message, or
iii
by post.
3
Where—
a
a person responsible for carrying on a business (“business A”) is required by virtue of this paragraph to cease carrying on business A at premises, and
b
business A forms part of a larger business (“business B”),
the requirement in this paragraph is complied with if the person responsible for carrying on business B ceases to carry on business A at the premises.
CHAPTER 3Business and services whose premises are exempt from the requirement to close
Exemption from the requirement to be closedI2611
1
Despite the preceding provisions of this Part, premises operated by businesses or services listed in paragraphs 49 to 66 may continue to be open.
2
And shopping centres, shopping arcades and markets may be open to the public to the extent that this is required for access to a business or service listed in paragraphs 49 to 66.
3
A person responsible for premises authorised for the sale or supply of alcohol for consumption off the premises may not sell or supply alcohol between 10.00 p.m. and 6.00 a.m.
4
Sub-paragraph (3) does not allow the person responsible for the premises to sell or supply alcohol in contravention of an authorisation granted or given in respect of the premises.
CHAPTER 4List of closed premises
Closed premises
Food and drink businesses
I2712
Bars (including bars in members' clubs).
I2813
Public houses.
I2914
Cafes, canteens and restaurants (including workplace canteens and dining rooms in members' clubs).
Holiday or travel accommodation
I3015
Camping sites.
I3116
Holiday sites.
I3217
Hotels and bed and breakfast accommodation;
I3318
Other holiday accommodation (including holiday apartments, hostels and boarding houses).
Public services etc.
I3419
Community centres.
F4720
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I3521
Libraries and archive services.
Personal services etc.
I3622
Hair salons and barbers.
I3723
Nail and beauty salons including tanning and electrolysis services.
I3824
Body piercings and tattooing services.
Leisure and social etc.
I3925
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.
I4026
Sexual entertainment venues (within the meaning given by paragraph 2A of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982).
I4127
Cinemas.
I4228
Concert halls and theatres.
I4329
Casinos.
I4430
Bingo halls.
I4531
Amusement arcades.
I4632
Bowling alleys.
I4733
Indoor play centres or areas.
I4834
Funfairs, amusement parks and theme parks.
I4935
Holiday, leisure activity or events businesses.
I5036
Museums and galleries.
I5137
F70Ice skating rinks.
I5238
Trampoline parks and centres.
I5339
Enclosed or indoor skate parks and centres.
I5440
Spas.
I5541
Venues for events or conferences (including venues for weddings).
I5642
Visitor attractions.
Sports and exercise.
I5743
Sports or exercise facilities, including indoor fitness studios and gyms.
I5844
Swimming pools.
I5945
Sports courts, bowling greens, golf courses and enclosed sports grounds or pitches (whether outdoors or indoors).
Retail etc.
I6046
Any business offering goods or services for sale or hire in retail premises.
I6147
Shopping centres and shopping arcades.
I6248
Estate or letting agents F1and developer sales offices.
Exempt premises
Public services etc.
I6349
Dental services, opticians, audiology services, chiropody, chiropractors, osteopaths, physiotherapy services, acupuncture services and other medical or health services, including services relating to mental health.
I6450
Hospital libraries and libraries at educational establishments.
I6551
Funeral directors.
I6652
Veterinary surgeons.
Food and drink businesses
I6753
Cafés and canteens at a hospital, care home, school or within accommodation provided for students.
I6854
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.
I6955
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.
I7056
Food markets, convenience stores, corner shops, pet shops, off licences and petrol stations.
I7157
Supermarkets and other shops that sell multiple types of goods but only for the purposes of—
a
selling the goods listed in paragraph 55;
b
selling goods of a type ordinarily sold by any of the businesses listed in paragraph 56;
c
selling other goods—
i
where it is not reasonably practicable to separate or demarcate those areas of a shop that ordinarily displays such goods from those areas that display the goods mentioned in paragraphs (a) and (b);
ii
on an exceptional basis where the goods are required in an emergency or on compassionate grounds.
I7258
Shops offering maintenance or repair services for telecommunications or information technology devices.
I7359
Building supplies and hardware stores.
I7460
Banks, building societies and other financial services providers.
I7561
Post offices.
I7662
Car repair and MOT services.
F1962A
Automatic car washes.
I7763
Livestock markets or auctions.
I7864
Laundrettes and dry cleaners.
I7965
Taxi or vehicle hire businesses.
I8066
Agricultural or aquacultural supplies shops.
SCHEDULE 5F20Areas F79...
Sch. 5 heading substituted (27.2.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 4) Regulations 2021 (S.I. 2021/210), regs. 1(2), 2(10)
Words in Sch. 5 heading omitted (3.5.2021 immediately before the start of the day) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 9) Regulations 2021 (S.I. 2021/542), regs. 1(2), 2(7)(a)
I811
This is the table referred to in regulation 4(8)—
Column 1 | Column 2 | Column 3 |
|---|---|---|
Area | Alert Level of Area | |
1 | The whole of Wales | F189No alert level |
Temporary modificationsF862
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F88SCHEDULE 5APersons exempt from the restrictions on leaving the United Kingdom, and the requirement to have a travel declaration form
Sch. 5A omitted (17.5.2021 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 10) Regulations 2021 (S.I. 2021/583), regs. 1(2), 2(17)
F881
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F882
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F883
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F884
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F885
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F886
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F887
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F888
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F889
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8810
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8811
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8812
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8813
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8814
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8815
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8816
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8817
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8818
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2SCHEDULE 6Temporary modifications for Christmas: extended households and travel
Sch. 6 omitted (9.1.2021 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (Wales) Regulations 2021 (S.I. 2021/20), regs. 1(2), 8(8)
Christmas: temporary modifications to restrictions on gatherings in private dwellings and restrictions on travellingF21
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Definition of “Christmas period”F22
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Extended households during Christmas periodF23
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F24
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Transitional provision about extended householdsF25
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 7Regulated premises
I82Food and drink businesses
I831
Bars (including bars in members' clubs).
I842
Public houses.
I853
Cafes, canteens and restaurants (including workplace canteens and dining rooms in members' clubs).
Holiday and travel accommodation
I864
Camping sites.
I875
Holiday sites.
I886
Hotels and bed and breakfast accommodation.
I897
Other holiday accommodation (including holiday apartments, hostels and boarding houses).
Public services etc.
I908
Medical or health services.
I919
Recycling and waste centres.
I9210
Community centres.
I9311
Libraries and archive services.
I9412
Places of worship.
I9513
Funeral directors.
I9614
Crematoriums.
I9715
Veterinary surgeons.
Personal services etc.
I9816
Hair salons and barbers.
I9917
Nail and beauty salons including tanning and electrolysis services.
I10018
Body piercings and tattooing services.
Leisure and social etc.
I10119
Cinemas.
I10220
Concert halls and theatres.
I10321
Casinos.
I10422
Bingo halls.
I10523
Amusement arcades.
I10624
Bowling alleys.
I10725
Indoor play centres or areas.
I10826
Playgrounds.
I10927
Funfairs, amusement parks and theme parks.
I11028
Holiday, leisure activity or events businesses.
I11129
Museums and galleries.
I11230
F71Ice skating rinks.
I11331
Trampoline parks and centres.
I11432
Indoor skate parks and centres.
I11533
Spas.
I11634
Venues for events or conferences (including venues for weddings).
I11735
Visitor attractions.
Sports and exercise
I11836
Sports or exercise facilities, including indoor fitness studios and gyms.
I11937
Swimming pools.
I12038
Sports courts, bowling greens, golf courses and enclosed sports grounds or pitches (whether outdoors or indoors).
Retail etc.
I12139
Any business offering goods or services for sale or hire in retail premises, including—
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.
I12240
Shopping centres and shopping arcades.
I12341
Storage and distribution facilities, including delivery drop off points.
I12442
Estate or letting agents, developer sales offices and show homes.
SCHEDULE 8Enforcement of requirement to take preventative measures on regulated premises
Premises improvement noticeI1251
1
An enforcement officer may issue a notice (a “premises improvement notice”) to a responsible person if the officer considers that—
a
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
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).
Premises closure noticeI1262
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
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
c
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).
Effect of premises closure noticeI1273
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
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.
Termination of premises improvement or closure noticeI1284
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
2
A premises improvement notice or premises closure notice ceases to have effect at the time notice of the termination is issued.
AppealsI1295
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.
Issuing premises improvement and closure notices and terminationsI1306
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.
Publicising premises improvement and closure noticesI1317
1
This regulation applies where an enforcement officer has issued a premises improvement notice or a premises closure notice.
F722
As soon as reasonably practicable after issuing the notice, the enforcement officer must—
a
display in a prominent place near every entrance to the premises—
i
a copy of the notice, or information about where the notice can be found, and
ii
a sign in the form set out in Schedule 9;
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 F73... sign displayed under sub-paragraph (2)(a) must be at least A4 size.
F744
The following must continue to be displayed or published (as the case may be) in accordance with sub-paragraph (2) for as long as the notice has effect—
a
the copy of the notice or the information about where the notice can be found;
b
the sign.
Production of documents etc.I1328
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.
SCHEDULE 9Form of sign to accompany premises improvement notice or premises closure notice
Sign to be displayed with premises improvement notice
I1331
F751
A sign to be displayed under paragraph 7(2)(a)(ii) in conjunction with the issue of a premises improvement notice must be in the form set out below.
2
The colours used in the sign must be white, black and amber C0 M60 Y100 K0.
Sign to be displayed with premises closure notice
I1342
F761
A sign to be displayed under paragraph 7(2)(a)(ii) in conjunction with the issue of a premises closure notice must be in the form set out below.
2
The colours used in the sign must be white, black and red C15 M100 Y100 K0.
Sch. 1 Pt. 3 omitted (12.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(13)