The Health Protection (Coronavirus: Closure of Leisure Businesses, Footpaths and Access Land) (Wales) Regulations 2020

Title, coming into force, application and interpretation

1.—(1) The title of these Regulations is the Health Protection (Coronavirus: Closure of Leisure Businesses, Footpaths and Access Land) (Wales) Regulations 2020 and they come into force at 12.00 p.m. on 24 March 2020.

(2) These Regulations apply in relation to Wales.

(3) In these Regulations “coronavirus” (“coronaveirws”) means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).

Requirement to close leisure businesses during the emergency

2.—(1) A person who is responsible for carrying on a business which is listed in Part 1 of the Schedule must, during the relevant period, close its premises and cease to carry on its business.

(2) If a business listed in the Schedule (“business A”) forms part of a larger business (“business B”), the person responsible for carrying on business B complies with the requirement in paragraph (1) if it closes down business A.

(3) The Welsh Ministers must review the need for restrictions imposed by this regulation every 28 days, with the first review being carried out before the expiry of the period of 28 days starting with the day after the day on which these Regulations are made.

(4) As soon as the Welsh Ministers consider that the restrictions set out in this regulation are no longer necessary to prevent, protect against, control or provide a public health response to the incidence or spread of infection in Wales with the coronavirus, the Welsh Ministers must publish a direction terminating the relevant period.

(5) A direction published under paragraph (4) may terminate the relevant period in relation to some of the businesses listed the Schedule, or all businesses listed in the Schedule.

(6) For the purposes of this regulation—

(a) a “person responsible for carrying on a business” includes the owner, proprietor, and manager of that business;

(b) the “relevant period” starts when these Regulations come into force and ends on the day specified in a direction published by the Welsh Ministers under paragraph (4).

Further provision relating to the closure of holiday sites

3.—(1) In so far as Regulation 2(1) applies to a holiday site, the obligation on the person responsible for carrying on the business (“P”) includes an obligation on P to use P’s best endeavours to require any person using a mobile home or caravan on the site when the premises is closed to vacate the premises.

(2) But the obligation in paragraph (1) does not apply in relation to any person using a mobile home on the holiday site for human habitation under an agreement made under Part 4 of the Mobile Homes (Wales) Act 2013.

Requirement to close certain public footpaths and land during the emergency

4.—(1) Where paragraph (1) applies to a footpath or access land in the area of a relevant authority, the relevant authority must—

(a) close the footpath or access land by 12.00pm on 25 March 2020, and

(b) keep it closed until it considers that closure is no longer necessary to prevent, protect against, control or provide a public health response to the incidence or spread of infection in its area with the coronavirus.

(2) This paragraph applies to the footpaths and access land in its area a relevant authority considers—

(a) to be liable to large numbers of people congregating or being in close proximity to each other, or

(b) the use of which otherwise poses a high risk to the incidence or spread of infection in its area with the coronavirus.

(3) The relevant authority must publish a list of footpaths or access land closed in its area on a website.

(4) For the purposes of this regulation—

(a) a footpath includes a bridleway, and

(b) references to a footpath or access land include parts of a footpath or access land.

(5) In this regulation—

(a) the “relevant authority” means—

(i) a county council or county borough council in Wales,

(ii) a National Park authority in Wales,

(iii) Natural Resources Wales, or

(iv) The National Trust.

(b) “footpath” and “bridleway” have the same meaning as in section 329(1) of the Highways Act 1980.

(c) “access land” includes land to which the public has access by virtue of its ownership by the National Trust, but otherwise has the same meaning as in section 1(1) of the Countryside and Rights of Way Act 2000.

Offences and penalties

5.—(1) A person who, without reasonable excuse, contravenes regulation 2 commits an offence.

(2) A person who obstructs, without reasonable excuse, any person carrying out a function under these Regulations commits an offence.

(3) An offence under these Regulations is punishable on summary conviction by a fine.

(4) If an offence under paragraph (1) committed by a body corporate is proved—

(a) to have been committed with the consent or connivance of an officer of the body, or

(b) to be attributable to any neglect on the part of such an officer,

the officer (as well as the body corporate) is guilty of the offence and liable to be prosecuted and proceeded against and punished accordingly.

(5) In paragraph (4), “officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body corporate.

Enforcement of restrictions and prosecution

6.—(1) A person, designated by the Welsh Ministers, may take such action as is necessary to enforce a closure or restriction imposed by regulation 2.

(2) Proceedings for an offence under regulation 5 may be brought any person designated by the Welsh Ministers.

Expiry

7.—(1) These Regulations expire at the end of the period of six months beginning with the day on which they come into force.

(2) This regulation does not affect the validity of anything done pursuant to these Regulations before they expire.

Mark Drakeford

First Minister, one of the Welsh Ministers

At 10.00 p.m. on 23 March 2020