The Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020

Enforcement

10.—(1) A relevant person may give a prohibition notice to a person if the relevant person reasonably believes that—

(a) the person is contravening a requirement in regulation 4, 6 or 7, and

(b) 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 considers that a person (“P”) is contravening the requirement in regulation 8(1), the relevant person may—

(a) direct P to return to the place where P is living;

(b) remove P to that place.

(3) A relevant person exercising the power in paragraph (2) may—

(a) direct P to follow such instructions as the relevant person considers necessary;

(b) use reasonable force in the exercise of the power.

(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 purpose of paragraph (4), 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 considers that three or more people are gathered together in contravention of regulation 8(5), 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.

(8) Paragraphs (3) to (6) of this regulation apply to the exercise of the power in paragraph (7), as they apply to the exercise of a power in paragraph (2).

(9) A 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 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) A person designated by a local authority may exercise a relevant person’s functions only in relation to a contravention (or alleged contravention) of a requirement in regulation 4, 6, 7 or 9(4).

(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.