Regulations made by the Welsh Ministers, laid before the National Assembly for Wales under section 45R of the Public Health (Control of Disease) Act 1984 (c. 22), for approval by resolution of the National Assembly for Wales within twenty-eight days beginning with the day on which the instrument is made, subject to extension for periods of dissolution or recess for more than four days.
2020 No. 399 (W. 88)
The Health Protection (Coronavirus Restrictions) (Wales) (Amendment) Regulations 2020
Approved by Senedd Cymru
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 19841.
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.
These Regulations amend the Health Protection (Coronavirus Restrictions) (Wales) Regulations 20202 and the Welsh Ministers consider that the amendments 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 and application1
1
The title of these Regulations is the Health Protection (Coronavirus Restrictions) (Wales) (Amendment) Regulations 2020 and they come into force at 12.01 a.m. on 7 April 2020.
2
In these Regulations, “the principal Regulations” means the Health Protection (Coronavirus Restrictions) (Wales) Regulations 20203.
Holiday accommodation businesses providing online etc. services2
In regulation 5 of the principal Regulations, for paragraph (3) substitute—
3
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—
a
carry on the business, or keep any premises used in the business open, for any purpose as may be requested by the Welsh Ministers or a local authority;
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.
Restriction on other places of work3
After regulation 6 of the principal Regulations insert—
General 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).
2
Paragraph (1) does not apply to premises used in the carrying on of a business, or provision of a service, listed in Schedule 1.
Restrictions on places of worship, crematoriums, cemeteries and community centres4
In regulation 7 of the principal Regulations—
a
in paragraph (2), after “worship”, where it first occurs, insert “(except between two members of the same household, or a carer and the person assisted by the carer)”;
b
in paragraph (4), after “crematorium”, where it first occurs, insert “(except between two members of the same household, or a carer and the person assisted by the carer)”;
c
after paragraph (4) insert—
4A
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).
d
in paragraph (5)(b), after “premises” insert “(except between two members of the same household, or a carer and the person assisted by the carer)”;
e
after paragraph (5) insert—
6
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.
f
in the heading, after “crematoriums” insert “, cemeteries”.
Guidance on maintaining distance of 2 metres between persons5
After regulation 7 of the principal Regulations insert—
Guidance 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,
b
regulation 6(1),
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).
Attendance at funerals6
In regulation 8(2)(g) of the principal Regulations, for paragraphs (i) to (iv) substitute—
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.
Minor and consequential amendments7
1
The principal Regulations are amended as follows.
2
In regulation 1(3), after sub-paragraph (d) insert—
da
“premises” includes any building or structure and any land;
3
In regulation 3(2), for “15” substitute “16”.
4
In regulation 10—
a
in paragraph (1)(a), after “6” insert “, 6A”;
b
in paragraph (12), after “6,” insert “6A,”.
5
In regulation 12(1)(a), after “6,” insert “ 6A,”.
6
In regulation 13—
a
in paragraph (2), for “a local authority specified in the notice.” substitute “—
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.
b
after paragraph (2) insert—
2A
The Welsh Ministers may designate themselves under paragraph (2)(b).
c
in paragraph (3), for “The local authority specified in the notice” substitute “Where a local authority is specified in the notice it”;
d
in paragraph (8), after “£120” insert “and paragraph (7) does not apply”;
e
in paragraph (11)(a), for “the local authority concerned, and” substitute “—
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
7
In Schedule 1—
a
in paragraph 29, for “on”, where it first occurs, substitute “off”;
b
for paragraph 44 substitute—
44
Agricultural or aquacultural supplies shops.
44A
Livestock markets or auctions.
c
in the Schedule heading, after “subject to” insert “specific”.
(This note is not part of the Regulations)