2020 No. 353 (W. 80)
The Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020
Approved by both Houses of Parliament
Made
Laid before the National Assembly for Wales
Coming into force
The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 45C(1) and (3)(c), 45F(2) and 45P of the Public Health (Control of Disease) Act 1984 M1.
These Regulations are made in response to the serious and imminent threat to public health which is posed by the incidence and spread of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) in Wales.
The Welsh Ministers consider that restrictions and requirements imposed by these Regulations are proportionate to what they seek to achieve, which is a public health response to that threat.
In accordance with section 45R of that Act the Welsh Ministers are of the opinion that, by reason of urgency, it is necessary to make this instrument without a draft having been laid before, and approved by a resolution of, the National Assembly for Wales.
Title, coming into force, application and interpretationI11
1
The title of these Regulations is the Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020 and they come into force at 4.00 p.m. on 26 March 2020.
2
These Regulations apply in relation to Wales.
3
In these Regulations—
a
“carer” means a person who provides care for the person assisted where—
i
the carer is entitled to an assessment under section 24 of the Social Services and Well-being (Wales) Act 2014 M2,
ii
the care is part of the provision of community care services under Part 4 of the Social Services and Well-being (Wales) Act 2014, or
iii
the care is provided by a care provider registered under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 M3;
b
“coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);
c
“local authority” means the council of a county or county borough in Wales;
d
a “person responsible for carrying on a business” includes the owner, proprietor, and manager of that business;
F5da
“premises” includes any building or structure and any land;
e
“vulnerable person” includes—
i
any person aged 70 or older;
ii
any person under 70 who has an underlying health condition, including, but not limited to, the conditions listed in Schedule 2;
iii
any person who is pregnant.
F22iv
any child;
v
any person who is a vulnerable adult within the meaning given by section 60(1) of the Safeguarding Vulnerable Groups Act 2006F23.
RevocationI22
1
2
Notwithstanding the revocation of those Regulations, they continue in force in relation to any offence committed under them before these Regulations came into force.
The emergency period and review of need for restrictionsI33
1
For the purposes of these Regulations the “emergency period”—
a
starts when these Regulations come into force, and
b
ends in relation to a requirement or restriction imposed by these Regulations on the F61earlier of—
i
the revocation of the provision imposing the requirement or restriction, or
ii
the expiry of these Regulations under regulation 15.
2
The Welsh Ministers must review the need for restrictions and requirements imposed by these Regulations F54, and whether those restrictions and requirements are proportionate to what the Welsh Ministers seek to achieve by them, every 21 days, with the first review being carried out by F616 April 2020.
F553
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F564
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F574A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F585
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Requirement to close premises and businesses during the emergency periodI44
1
A person responsible for carrying on a business which is listed in Part 1 of Schedule 1 must, during the emergency period—
a
close any premises, or part of the premises, in which food or drink are sold for consumption on those premises;
b
cease selling food or drink for consumption on its premises (but if the business sells food and drink for consumption off the premises it may continue to do so subject to regulation 6(1)).
2
For the purposes of paragraph (1), food or drink sold by a hotel or other accommodation as part of room service is not to be treated as being sold for consumption on its premises.
3
For the purposes of paragraph (1), an area adjacent to the premises of the business where seating is made available for customers of the business (whether or not by the business) is to be treated as part of the premises of that business.
4
A person responsible for carrying on a business or providing a service which is listed in Part 2 or 3 of Schedule 1 must, during the emergency period, cease to carry on that business or to provide that service.
5
But paragraph (4) does not prevent the use of—
a
premises used for the businesses or services listed in paragraphs 5, 6, 8, 9, 10 or 18 of Part 2 F25of Schedule 1 to broadcast (without an audience) a performance (whether over the internet or as part of a radio or television broadcast);
F26b
premises used for the businesses or services listed in Part 2 or 3 of Schedule 1 for any purpose as may be requested by the Welsh Ministers or a local authority;
F245A
Paragraph (5B) applies—
a
to premises used to carry on a business or provide a service mentioned in sub-paragraph (1)(a), (b) or (c) of paragraph 2 of Schedule 1, or
b
where premises used to carry on a business or provide a service listed in Part 2 or 3 of Schedule 1 are used for a purpose mentioned in paragraph (5).
5B
Where this paragraph applies, the person responsible for carrying on the business or providing the service must, during the emergency period, take all reasonable measures to ensure —
a
that a distance of 2 metres is maintained between any persons on the premises (except between two members of the same household, or a carer and the person assisted by the carer),
b
that persons are only admitted to the premises in sufficiently small numbers to make it possible to maintain that distance, and
c
that a distance of 2 metres is maintained between persons waiting to enter the premises (except between two members of the same household, or a carer and the person assisted by the carer).
6
If a business listed in Schedule 1 (“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) or (4) if it closes down business A.
Requirement to close premises and businesses during the emergency period: specific provision about holiday etc. accommodationI55
1
In so far as regulation 4(4) applies to a holiday site or camping site (by virtue of them being listed in Part 3 of Schedule 1), 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 staying at the site when the business has ceased to be carried on to vacate the premises.
2
But the obligation in paragraph (1) does not apply in relation to any person using a mobile home on a holiday site for human habitation under an agreement to which Part 4 of the Mobile Homes (Wales) Act 2013 M6 applies.
F73
In so far as regulation 4(4) applies to any other business listed in Part 3 of Schedule 1, the obligation on the person responsible for carrying on the business applies subject to the need to provide accommodation for any persons staying in that accommodation when these Regulations come into force and who—
a
are unable to return to their main residence, or
b
are using the accommodation as their main residence.
3A
In so far as regulation 4(4) applies to a business listed in Part 3 of Schedule 1, the obligation on the person responsible for carrying on the business applies subject to the need to—
F29a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
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.
F283B
Paragraph (3C) applies where premises used for a business listed in Part 3 of Schedule 1 are used—
a
to provide accommodation in accordance with paragraph (3), or
b
to carry on the business in accordance with paragraph (3A).
3C
Where this paragraph applies, the person responsible for carrying on the business must, during the emergency period, take all reasonable measures to ensure—
a
that a distance of 2 metres is maintained between any persons on the premises (except between two members of the same household, or a carer and the person assisted by the carer),
b
that persons are only admitted to the premises in sufficiently small numbers to make it possible to maintain that distance, and
c
that a distance of 2 metres is maintained between persons waiting to enter the premises (except between two members of the same household, or a carer and the person assisted by the carer).
4
In this regulation and in Part 3 of the Schedule, a “holiday site” means any land in Wales on which a mobile home or caravan is stationed for the purposes of human habitation (including any land in Wales used in conjunction with that land), in respect of which the relevant planning permission or the site licence for the land—
a
is expressed to be granted for holiday use only, or
b
requires that there are times of the year when no mobile home or caravan may be stationed on the site for human habitation.
5
For the purpose of determining whether or not a site is a holiday site, any provision of the relevant planning permission or of the site licence which permits the stationing of a mobile home on the land for human habitation all year round is to be ignored if the mobile home is authorised to be occupied by—
a
the person who is the owner of the site, or
b
a person employed by that person but who does not occupy the mobile home under an agreement to which Part 4 of the Mobile Homes (Wales) Act 2013 M7 applies.
Restrictions on certain other businesses and services during the emergency periodI66
1
A person responsible for carrying on a business, or providing a service, listed in Part 4 of Schedule 1 must, during the emergency period—
a
take all reasonable measures to ensure that a distance of 2 metres is maintained between any persons on the business premises (except between two members of the same household, or a carer and the person assisted by the carer),
b
take all reasonable measures to ensure that persons are only admitted to the business premises in sufficiently small numbers to make it possible to maintain that distance, and
c
take all reasonable measures to ensure that a distance of 2 metres is maintained between persons waiting to enter the business premises (except between two members of the same household, or a carer and the person assisted by the carer).
2
A person responsible for carrying on a business, not listed in Part 4 of Schedule 1, of offering goods for sale or for hire in a shop must, during the emergency period—
a
cease to carry on that business except by making deliveries, or otherwise providing services in response to orders or enquiries received—
i
through a website, or otherwise by on-line communication,
ii
by telephone, including orders F31or enquiries by text message, or
iii
by post;
b
close any premises which are not required to carry out the business or provide services as permitted by sub-paragraph (a);
c
cease to admit any person to the premises who is not required to carry on the business or provide services as permitted by sub-paragraph (a).
F302A
Where premises are not closed because they are premises required in order to carry on a business as permitted by paragraph (2)(a), the person responsible for carrying on the business must, during the emergency period, take all reasonable measures to ensure—
a
that a distance of 2 metres is maintained between any persons on the premises (except between two members of the same household, or a carer and the person assisted by the carer),
b
that persons are only admitted to the premises in sufficiently small numbers to make it possible to maintain that distance, and
c
that a distance of 2 metres is maintained between persons waiting to enter the premises (except between two members of the same household, or a carer and the person assisted by the carer).
3
If a business to which paragraph (2) applies (“business A”) forms part of a larger business (“business B”), the person responsible for carrying on business B complies with the requirement in paragraph (2) if it ceases to carry on business A.
F1General restriction on places of work6A
1
A person responsible for work being carried out at premises where a person is working must, when such work is being carried out during the emergency period, take all reasonable measures to ensure that a distance of 2 metres is maintained between any persons on the premises (except between two members of the same household, or a carer and the person assisted by the carer).
F322
Paragraph (1) does not apply to premises—
a
used in the carrying on of a business, or provision of a service, listed in Schedule 1, or
b
to which regulation 6(2A) applies.
Restrictions on places of worship, crematoriums F10, cemeteries and community centresI77
1
A person responsible for a place of worship must ensure that, during the emergency period, the place of worship is closed, except for uses permitted by paragraph (2).
2
If all reasonable measures are taken to ensure a distance of 2 metres is maintained between every person in the place of worship F11(except between two members of the same household, or a carer and the person assisted by the carer), the place may be used—
F66aa
for the solemnization of a marriage or formation of a civil partnership, where a party to the marriage or civil partnership is seriously ill and not expected to recover,
a
for funerals,
F67b
to broadcast (whether over the internet or as part of a radio or television broadcast)—
i
an act of worship (without a congregation);
ii
a solemnization of a marriage or formation of a civil partnership allowed by sub-paragraph (aa);
iii
a funeral, or
c
to provide essential voluntary services or, upon the request of the Welsh Ministers or a local authority, urgent public services (including the provision of food banks or other support for the homeless or vulnerable people, blood donation sessions or support in an emergency).
3
A person responsible for a crematorium must ensure that, during the emergency period, the crematorium is closed to members of the public, except for the use permitted by paragraph (4).
4
If all reasonable measures are taken to ensure a distance of 2 metres is maintained between every person in the crematorium F12(except between two members of the same household, or a carer and the person assisted by the carer), the crematorium may open to members of the public for funerals or burials (and to broadcast a funeral or burial whether over the internet or otherwise).
F334ZA
Paragraph (3) does not apply to the grounds surrounding a crematorium, including any burial ground or garden of remembrance.
F84A
A person responsible for a cemetery must take all reasonable measures to ensure a distance of 2 metres is maintained between every person at a burial taking place in the cemetery during the emergency period (except between two members of the same household, or a carer and the person assisted by the carer).
5
A person responsible for a community centre must ensure that, during the emergency period, the community centre is closed except where—
a
it is used to provide essential voluntary services or, upon the request of the Welsh Ministers or a local authority, urgent public services (including the provision of food banks or other support for the homeless or vulnerable persons, blood donation sessions or support in an emergency), and
b
all reasonable measures are taken to ensure that a distance of 2 metres is maintained between every person on the premises F13(except between two members of the same household, or a carer and the person assisted by the carer) while those services are provided.
F96
For the purposes of this regulation—
a
“burial” includes the internment of a dead person’s ashes;
b
“cemetery” includes a burial ground and any other place for the internment of the dead.
F2Guidance on maintaining distance of 2 metres between persons7A
1
A person subject to a requirement or restriction in—
a
regulation 4(1) as it applies to workplace canteens,
F34aa
regulation 4(5B),
ab
regulation 5(3C),
b
regulation 6(1) F35or (2A),
c
regulation 6A(1), or
d
regulation 7(1), (3), (4A) or (5),
must have regard to guidance issued by the Welsh Ministers about reasonable measures to be taken to ensure that a distance of 2 metres is maintained between persons.
2
The Welsh Ministers—
a
may revise guidance issued under paragraph (1), and
b
must publish the guidance (and any revisions).
3
Guidance under this regulation may incorporate (by reference or transposition) guidance, codes of practice or other documents published by another person (for example, a trade association, body representing members of an industry or a trade union).
Restrictions on movement and being indoors during the emergency periodI8F638
1
During the emergency period, no person may, without reasonable excuse—
a
leave the area local to the place where they are living or remain away from that area;
b
be indoors with another person who is not—
i
a member of their household,
ii
their carer, or
iii
a person they are providing care to.
2
A reasonable excuse includes the need to do the following (but see paragraph (3))—
a
obtain supplies from any business or service listed in Part 4 of Schedule 1 including—
i
food and medical supplies for those in the same household (including animals in the household) or for vulnerable persons;
ii
supplies for the essential upkeep, maintenance and functioning of the household, or the household of a vulnerable person;
b
obtain money from or deposit money with any business or service listed in paragraph 38 or 39 of Schedule 1;
c
seek medical assistance, including accessing any of the services referred to in paragraph 42 of Schedule 1 or accessing veterinary services;
d
provide or receive care or assistance, including 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
provide or receive emergency assistance;
f
donate blood;
g
work or provide voluntary or charitable services (but see also regulation 8A);
h
enable work to be undertaken at any premises (but see also regulation 8A);
i
attend a solemnization of a marriage or formation of a civil partnership, where a party to the marriage or civil partnership is seriously ill and not expected to recover—
i
as a party to the marriage or civil partnership,
ii
if invited to attend, or
iii
as the carer of a person attending.
j
attend 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;
k
visit a cemetery, burial ground or garden of remembrance to pay respects to a deceased person;
l
meet a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings;
m
access or receive critical public services, including—
i
childcare or educational services (where these are still available to a child in relation to whom the person is the parent, or has parental responsibility for, or has care of);
ii
social services;
iii
services provided by the Department for Work and Pensions;
iv
services provided to victims (such as victims of crime or domestic violence);
n
visit a library;
o
in relation to children who do not live in the same household as their parents, or one of their parents, continue 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;
p
in the case of a minister of religion or worship leader, go to their place of worship;
q
move house where the move cannot be postponed;
r
avoid injury or illness or escape a risk of harm.
3
For the purposes of paragraph (1)(a), it is not a reasonable excuse for a person to leave the area local to the place where the person is living to do something, or remain away from the area to do something, if it would be reasonably practicable for them to do that thing within the area.
4
Paragraph (1)(a) does not apply to a person who is exercising, but only where the exercise starts and finishes at the place where the person is living.
5
Paragraph (1) does not apply to a person who is homeless.
F64Requirement to continue to work from home where practicable8A
1
During the emergency period, in the circumstances referred to in paragraph (2) no person may leave the place where they are living, or remain away from that place, for the purposes of work or to provide voluntary or charitable services.
2
The circumstances are that it is reasonably practicable for the person to work or to provide voluntary or charitable services from the place where they are living.
3
For the purposes of this regulation, the place where a person is living includes the premises where they live together with any garden, yard, passage, stair, garage, outhouse or other appurtenance of such premises.
F65Restrictions on gathering with other persons8B
During the emergency period no person may participate in a gathering outdoors except—
a
where the persons gathering are members of no more than two households,
b
where the gathering is essential for work purposes,
c
to attend a funeral, or
d
where the gathering is necessary—
i
to facilitate a house move,
ii
to provide care or assistance to a vulnerable person, including relevant personal care within the meaning of paragraph 7(3B) of Schedule 4 to the Safeguarding of Vulnerable Groups Act 2006,
iii
to provide emergency assistance to any person, or
iv
to participate in legal proceedings, or fulfil a legal obligation.
Requirement to close and not enter certain public paths and land during the emergency periodI99
1
Where paragraph (2) applies to a public path or access land in the area of a relevant authority, the relevant authority must, during the emergency period—
a
close the public path or access land, and
b
keep it closed until the earlier of—
i
the end of the emergency period, or
ii
the time when the authority 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 public paths 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
Where a public path has been closed under regulation 4 of the Health Protection (Coronavirus: Closure of Leisure Businesses, Footpaths and Access Land) (Wales) Regulations 2020 M8, the path is to be treated as if it were closed under paragraph (1) of this regulation.
4
No person may use a public path or access land closed by virtue of paragraph (1) unless authorised by the relevant authority.
5
The relevant authority must—
a
publish a list of public paths or access land closed in its area on a website;
b
erect and maintain notices in prominent places informing the public of the closure of a public path or access land.
6
For the purposes of this regulation references to a public path or access land include parts of a public path or access land.
7
In this regulation—
a
the “relevant authority” means—
i
a local authority,
ii
a National Park authority in Wales,
iii
Natural Resources Wales, or
iv
the National Trust;
b
“public path” means a footpath, bridleway, byway, restricted byway or cycle track and—
i
“footpath”, “bridleway” and “cycle track” have the same meaning as in section 329(1) of the Highways Act 1980 M9;
ii
“byway” means a byway open to all traffic within the meaning given by section 66(1) of the Wildlife and Countryside Act 1981 M10;
iii
“restricted byway” has the meaning given by section 48(4) of the Countryside and Rights of Way Act 2000 M11;
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 M12.
EnforcementI1010
1
A relevant person may give a prohibition notice to a person if the relevant person F43...—
a
b
F45considers it is necessary and proportionate to give the prohibition notice for the purpose of preventing that person from continuing to contravene the requirement.
2
Where a relevant person F46has reasonable grounds for suspecting that a person (“P”) is contravening F68a requirement in regulation 8(1) or 8A, the relevant person may—
a
direct P to return to the place where P is living F69(if P is not already there);
b
remove P to that place F70(if P is not already there).
F473
A relevant person may—
a
when exercising the power in paragraph (2)(a) or (b), direct P to follow such instructions as the relevant person considers necessary;
b
use reasonable force in the exercise of the power in paragraph (2)(b).
4
Where P is a child accompanied by an individual (“I”) who has responsibility for the child—
a
the relevant person may direct I to take P to the place P is living, and
b
I must, so far as reasonably practicable, ensure that P complies with any direction or instruction given by the relevant person to P.
5
For the F48purposes of this regulation, I has responsibility for a child if I—
a
has custody or charge of the child for the time being, or
b
has parental responsibility for the child (within the meaning of the Children Act 1989).
6
A relevant person may only exercise the power in paragraph (2) or (4) if the relevant person considers that it is a necessary and proportionate means of ensuring compliance with the requirement.
7
Where a relevant person F49has reasonable grounds for suspecting that F71... people are gathered together in contravention of regulation F728B, the relevant person may—
a
direct the gathering to disperse;
b
direct any person in the gathering to return to the place where they are living;
c
remove any person in the gathering to the place where they are living.
F408
A relevant person exercising the power in paragraph (7)—
a
to direct a gathering to disperse, or
b
to remove a person to the place where they are living,
may use reasonable force, if necessary, in exercise of the power.
8A
Where a relevant person has reasonable grounds to suspect that a person (“P”) is in a gathering in contravention of regulation F738B and is a child accompanied by an individual (“I”) who has responsibility for P—
a
the relevant person may direct I to take P to the place where P is living, and
b
I must, so far as reasonably practicable, ensure that P complies with any direction or instruction given by the relevant person to P.
8B
A relevant person may only exercise a power in paragraph (7) or (8A) if the relevant person considers that it is necessary and proportionate to do so.
9
F50If a relevant person considers it necessary and proportionate for the purposes of preventing, or terminating, a contravention of regulation 9(4), the relevant person may remove an individual from a public path or access land (within the meaning given by regulation 9(7)) which is closed (or is being closed) by virtue of regulation 9(1), and may use reasonable force F51, if necessary, to do so.
10
A relevant person may take such other action as the relevant person considers necessary and proportionate to facilitate the exercise of a power conferred on the person by this regulation or regulation 11.
11
For the purposes of this regulation and regulations 11, 12 and 13, a “relevant person” means—
a
a constable,
b
a police community support officer, or
c
a person designated by—
i
the Welsh Ministers,
ii
a local authority,
iii
a National Park authority in Wales, or
iv
Natural Resources Wales,
for the purposes of this regulation and regulations 11, 12 and 13 (but see paragraphs (12) and (13)).
12
13
A person designated by a National Park authority or Natural Resources Wales may exercise a relevant person's functions only in relation to a contravention (or alleged contravention) of the requirement in regulation 9(4).
14
In this regulation and regulations 11 and 12, references to a requirement include references to a restriction.
Power of entryI1111
1
A relevant person may enter premises, if the relevant person—
a
has reasonable grounds for suspecting that a requirement imposed by these Regulations is being, has been or is about to be contravened on the premises, and
b
considers it necessary to enter the premises for the purpose of ascertaining whether the requirement is being, has been or is about to be contravened.
2
A relevant person entering premises in accordance with paragraph (1) may—
a
use reasonable force to enter the premises if necessary;
b
take such other persons, equipment and materials onto the premises as appears to the relevant person to be appropriate.
3
A relevant person entering premises in accordance with paragraph (1)—
a
if asked by a person on the premises, must show evidence of the relevant person's identity and outline the purpose for which the power is exercised;
b
if the premises are unoccupied or the occupier is temporarily absent, must leave the premises as effectively secured against unauthorised entry as when the relevant person found them.
Offences and penaltiesI1212
2
A person who obstructs, without reasonable excuse, any person carrying out a function under these Regulations commits an offence.
3
A person who, without reasonable excuse, contravenes a direction, or fails to comply with an instruction or a prohibition notice, given by a relevant person under regulation 10 commits an offence.
4
An offence under these Regulations is punishable on summary conviction by a fine.
5
Section 24 of the Police and Criminal Evidence Act 1984 M13 applies in relation to an offence under this regulation as if the reasons in subsection (5) included—
a
to maintain public health;
b
to maintain public order.
6
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.
7
In paragraph (6), “officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body corporate.
8
Proceedings for an offence under these Regulations alleged to have been committed by a partnership may be brought in the name of the partnership instead of in the name of any of the partners.
9
Proceedings for an offence under these Regulations alleged to have been committed by an unincorporated body other than a partnership may be brought in the name of the body instead of in the name of any of its members and, for the purposes of any such proceedings, any rules of court relating to the service of documents have effect as if that body were a body corporate.
10
11
A fine imposed on a partnership on its conviction for an offence under these Regulations is to be paid out of the partnership assets.
12
A fine imposed on an unincorporated association other than a partnership on its conviction for an offence under these Regulations is to be paid out of the funds of the association.
Fixed penalty noticesI1313
1
A relevant person may issue a fixed penalty notice to anyone that the relevant person reasonably believes—
a
has committed an offence under these Regulations, and
b
is aged 18 or over.
2
A fixed penalty notice is a notice offering the person to whom it is issued the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty to F19—
a
a local authority, or
b
a person designated by the Welsh Ministers for the purposes of receiving payment under this regulation,
as the notice may specify.
F182A
The Welsh Ministers may designate themselves under paragraph (2)(b).
3
F20Where a local authority is specified in the notice it must be the authority (or as the case may be, any of the authorities) in whose area the offence is alleged to have been committed.
4
Where a person is issued with a notice under this regulation in respect of an offence—
a
no proceedings may be taken for the offence before the end of the period of 28 days following the date of the notice;
b
the person may not be convicted of the offence if the person pays the fixed penalty before the end of that period.
5
A fixed penalty notice must—
a
give reasonably detailed particulars of the circumstances alleged to constitute the offence;
b
state the period during which (because of paragraph (4)(a)) proceedings will not be taken for the offence;
c
specify the amount of the fixed penalty;
d
state the name and address of the person to whom the fixed penalty may be paid;
e
specify permissible methods of payment.
6
The amount specified under paragraph (5)(c) must be £60 (subject to paragraphs (7) and (8)).
7
A fixed penalty notice may specify that if £30 is paid before the end of the period of 14 days following the date of the notice, that is the amount of the fixed penalty.
8
If the person to whom a fixed penalty notice is given has already received a fixed penalty notice under these Regulations F62—
a
paragraph (7) does not apply, and
b
the amount specified as the fixed penalty is to be—
i
in the case of the second fixed penalty notice received, £120;
ii
in the case of the third fixed penalty notice received, £240;
iii
in the case of the fourth fixed penalty notice received, £480;
iv
in the case of the fifth fixed penalty notice received, £960;
v
in the case of the sixth and any subsequent fixed penalty notice received, £1920.
9
Whatever other method may be specified under paragraph (5)(e), payment of a fixed penalty may be made by pre-paying and posting to the person whose name is stated under paragraph (5)(d), at the stated address, a letter containing the amount of the penalty (in cash or otherwise).
10
Where a letter is sent as mentioned in paragraph (9), payment is regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.
11
In any proceedings, a certificate—
a
that purports to be signed by or on behalf of the person with responsibility for the financial affairs of F21—
i
the local authority, or
ii
the person designated under paragraph (2)(b),
specified in the fixed penalty notice to which the proceedings relate, and
b
states that the payment of a fixed penalty was, or was not, received by the date specified in the certificate,
is evidence of the facts stated.
12
Where a fixed penalty is issued in respect of the alleged offence of contravening the requirement in regulation 9(4), references in this regulation to a “local authority” are to be read as including references to a National Park authority in Wales.
ProsecutionsI1414
No proceedings for an offence under these Regulations may be brought other than by the Director of Public Prosecutions or any person designated by the Welsh Ministers.
ExpiryI1515
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.
SCHEDULE 1Businesses subject to F3specific restrictions or closure
Word in Sch. 1 heading inserted (7.4.2020 at 12.01 a.m.) by The Health Protection (Coronavirus Restrictions) (Wales) (Amendment) Regulations 2020 (S.I. 2020/399), regs. 1(1), 7(7)(c)
PART 1
I161
Restaurants, including restaurants and dining rooms in hotels or members' clubs.
I172
1
Cafés, including workplace canteens (subject to sub-paragraph (2)), but not including—
a
cafés or canteens at a hospital, care home or school;
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;
c
services providing food or drink to the homeless.
2
Workplace canteens may remain open where—
a
there is no practical alternative for staff at that workplace to obtain food; and
b
all reasonable measures are taken to ensure that a distance of 2 metres is maintained between any person using the canteen.
I183
Bars, including bars in hotels or members' clubs.
I194
Public houses.
PART 2
I205
Cinemas.
I216
Theatres.
I227
Nightclubs.
I238
Bingo halls.
I249
Concert halls.
I2510
Museums, galleries F60... and archive services.
I2611
Casinos.
I2712
Betting shops.
I2813
Nail, beauty, hair salons and barbers.
I2914
Massage parlours.
I3015
Establishments providing tanning services, body piercings, tattooing, electrolysis or acupuncture.
I3116
Skating rinks.
I3217
Swimming pools.
I3318
Indoor fitness studios, gyms, spas or other indoor leisure centres or facilities.
I3419
Bowling alleys, amusement arcades and indoor play areas.
I3520
Funfairs (whether outdoors or indoors).
I3621
Playgrounds, sports courts and outdoor gyms.
I3722
Outdoor markets (except for F37livestock markets and stalls selling food).
I3823
Car showrooms.
I3924
Auction houses F38(except for livestock auctions).
PART 3
I4025
Holiday sites.
I4126
Camping sites.
I4227
Hotels and bed and breakfast accommodation.
I4328
Other holiday accommodation (including holiday apartments, hostels and boarding houses).
PART 4
I4429
Food retailers, including food markets, supermarkets, convenience stores, corner shops and establishments selling food or drink for consumption F17off the premises (including establishments listed in Part 1 which, by virtue of regulation 4(1), have ceased selling food and drink for consumption on the premises).
I4530
Off licenses and licensed shops selling alcohol (including breweries).
I4631
Pharmacies (including non-dispensing pharmacies) and chemists.
I4732
Newsagents.
I4833
Homeware, building supplies and hardware stores.
F5233A
Garden centres and plant nurseries.
I4934
Petrol stations.
I5035
Car repair and MOT services.
I5136
Bicycle shops.
I5237
Taxi or vehicle hire businesses.
I5338
Banks, building societies, credit unions, short term loan providers F39, savings clubs, cash points and undertakings which by way of business operate currency exchange offices, transmit money (or any representation of money) by any means or cash cheques which are made payable to customers.
I5439
Post offices.
I5540
Funeral directors.
I5641
Laundrettes and dry cleaners.
I5742
Dental services, opticians, audiology services, chiropody, chiropractors, osteopaths and other medical or health services, including services relating to mental health.
I5843
Veterinary surgeons and pet shops.
F444
Agricultural or aquacultural supplies shops.
44A
Livestock markets or auctions.
I5945
Storage and distribution facilities, including delivery drop off points.
I6046
Car parks.
I6147
Public toilets.
F5348
Libraries.
SCHEDULE 2Underlying Health Conditions
I621
Chronic (long-term) respiratory diseases, such as asthma, chronic obstructive pulmonary disease, emphysema or bronchitis.
I632
Chronic heart disease, such as heart failure.
I643
Chronic kidney disease.
I654
Chronic liver disease, such as hepatitis.
I665
Chronic neurological conditions, such as Parkinson's disease, motor neurone disease, multiple sclerosis (MS), a learning disability or cerebral palsy.
I676
Diabetes.
I687
Problems with the spleen, such as sickle cell disease or if the spleen has been removed.
I698
A weakened immune system, including as the result of conditions such as HIV and AIDS, or medicines such as steroid tablets or chemotherapy.
I709
Being seriously overweight, with a body mass index of 40 or above.
1984 c. 22. Sections 45C, 45F and 45P were inserted by section 129 of the Health and Social Care Act 2008 (c. 14). The functions under these sections are conferred on “the appropriate Minister”. Under section 45T(6) of the 1984 Act the appropriate Minister, as respects Wales, is the Welsh Ministers.