2020 No. 725 (W. 162)
The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020
Approved by Senedd Cymru
Made
Laid before Senedd Cymru
Coming into force in accordance with regulation 1(3) and (4)
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, Senedd Cymru.
PART 1Introduction
Title, application and coming into forceI1I11
1
The title of these Regulations is the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020.
2
These Regulations apply in relation to Wales F21(which, for the purposes of Part 3, includes the airspace above Wales).
3
The following provisions of these Regulations come into force on 11 July 2020—
a
regulation 2;
b
regulation 8;
c
regulation 9 so far as it applies to a requirement under regulation 8(1);
d
regulations 12 and 13 so far as they apply to a person responsible for premises of a business listed in Schedule 3;
e
regulations 17 to 22 so far as they apply to a contravention (or alleged contravention) of regulation 8(1);
f
regulation 3 so far as it relates to the following provisions of the Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020 M2—
i
paragraphs (4) to (6) of regulation 4 so far as they apply to a person responsible for carrying on a business listed in Part 3 of Schedule 1;
ii
regulation 5;
iii
regulation 7A so far as it applies in relation to a requirement or restriction imposed by regulation 4(5B) or 5(3C) on a person responsible for carrying on a business listed in Part 3 of Schedule 1;
iv
regulations 10 to 14 so far as they apply to a contravention (or alleged contravention) of regulation 4(4) or 5(3C) by a person responsible for carrying on a business listed in Part 3 of Schedule 1.
4
These Regulations come into force for all other purposes on 13 July 2020.
InterpretationI2I22
1
In these Regulations—
a
“burial” includes the interment of a dead person's ashes;
b
“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 M3,
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 M4;
c
“cemetery” includes a burial ground and any other place for the interment of the dead;
d
“coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);
e
“elite athlete” means an individual designated as such for the purposes of these Regulations by the Sports Council for Wales;
f
“local authority” means the council of a county or county borough in Wales;
g
“open premises” has the meaning given by regulation 12(3);
h
“parental responsibility” has the same meaning as in the Children Act 1989 M5;
i
a “person responsible for carrying on a business” includes the owner, proprietor, and manager of that business;
j
“premises” includes any building or structure and any land;
k
“vulnerable person” includes—
i
any person aged 70 or older;
ii
any person under 70 who has an underlying health condition;
iii
any person who is pregnant;
iv
any child;
v
any person who is a vulnerable adult within the meaning given by section 60(1) of the Safeguarding Vulnerable Groups Act 2006 M6.
F22l
“face covering” means a covering of any type which covers a person’s nose and mouth;
m
“public transport service” means a service provided for the carriage of passengers by road, railway, tramway, air or water;
n
“vehicle” includes an aircraft, a cable car, a train, a tram and a vessel.
2
For the purposes of the definition of “elite athlete” in paragraph (1)—
a
an individual is designated by the Sports Council for Wales only if the individual has been nominated for designation by a relevant sporting body and the Council has accepted the nomination, and
b
“relevant sporting body” means the national governing body of a sport which may nominate athletes to represent—
i
Great Britain and Northern Ireland at the Olympic or Paralympic Games, or
ii
Wales at the Commonwealth Games.
3
For the purposes of these Regulations—
a
there is a gathering when two or more people are in the same place in order to do something together;
b
premises are indoors if they are enclosed or substantially enclosed within the meaning given by regulation 2 of the Smoke-free Premises etc. (Wales) Regulations 2007 M7.
4
If two households agree to be treated as a single (extended) household for the purposes of these Regulations, any reference in these Regulations (other than in paragraphs (5) to (7)) to a “household” is to be read as including both households.
5
To agree to be treated as a single household all of the adults of the two households must agree.
6
But—
a
a household may only agree to be treated as a single household with one other household, and
b
if two households cease to agree to be treated as a single household, neither household may agree to be treated as a single household under paragraph (4) with any other household.
7
If two households have agreed to be treated as a single (extended) household for the purposes of the Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020 they are to be treated as also having agreed for the purposes of these Regulations.
RevocationI3I5I33
1
The following Regulations are revoked—
a
the Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020 M8;
b
the Health Protection (Coronavirus Restrictions) (Wales) (Amendment) Regulations 2020 M9;
c
the Health Protection (Coronavirus Restrictions) (Wales) (Amendment) (No. 2) Regulations 2020 M10;
d
the Health Protection (Coronavirus Restrictions) (Wales) (Amendment) (No. 3) Regulations 2020 M11;
e
the Health Protection (Coronavirus Restrictions) (Wales) (Amendment) (No. 4) Regulations 2020 M12;
f
the Health Protection (Coronavirus Restrictions) (Wales) (Amendment) (No. 5) Regulations 2020 M13;
g
the Health Protection (Coronavirus Restrictions) (Wales) (Amendment) (No. 6) Regulations 2020 M14;
h
the Health Protection (Coronavirus Restrictions) (Wales) (Amendment) (No. 7) Regulations 2020 M15.
2
Despite the revocation of those Regulations, they continue in force in relation to any offence committed under the Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020 before these Regulations came into force.
ReviewI64
The Welsh Ministers must review the need for restrictions and requirements imposed by these Regulations, and whether those restrictions and requirements are proportionate to what the Welsh Ministers seek to achieve by them—
a
by 30 July 2020;
b
at least once in the period of 21 days beginning with 31 July 2020;
c
at least once in each subsequent period of 21 days.
ExpiryI75
1
These Regulations expire at the end of the day on 8 January 2021.
2
This regulation does not affect the validity of anything done pursuant to these Regulations before they expire.
PART 2Closure of businesses and premises
Closure of indoor bars and restaurants etc.F506
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Closure of F51certain businesses and servicesI87
1
A person responsible for carrying on a business or providing a service which is listed in Schedule 2 must cease to carry on that business or to provide that service.
2
But paragraph (1) does not prevent the use of—
a
b
premises for any purpose as may be requested by the Welsh Ministers or a local authority;
c
premises for training for elite athletes;
F24d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
And paragraph (1) applies subject to the need to carry out maintenance and repairs and other work to ensure premises are suitable for use when paragraph (1) no longer applies to the business or service.
Closure of holiday accommodationF78
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Businesses forming part of a larger businessI4I99
Where—
a
b
business A forms part of a larger business (“business B”),
Closure of F25... community centresF7110
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Closure of certain public paths and access landI1011
1
Where paragraph (2) applies to a public path or access land in the area of a relevant authority, the relevant authority must—
a
close the public path or access land, and
b
keep it closed until 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 with coronavirus in its area.
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 with coronavirus in its area.
3
Where a public path has been closed under—
a
regulation 4 of the Health Protection (Coronavirus: Closure of Leisure Businesses, Footpaths and Access Land) (Wales) Regulations 2020 M16, or
b
regulation 9 of the Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020 M17,
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 M18;
ii
“byway” means a byway open to all traffic within the meaning given by section 66(1) of the Wildlife and Countryside Act 1981 M19;
iii
“restricted byway” has the meaning given by section 48(4) of the Countryside and Rights of Way Act 2000 M20;
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 M21.
PART 3Minimising risk of exposure to coronavirus at open premises and while working
Reasonable measures to minimise risk of exposure to coronavirusI11I1212
1
Paragraph (2) applies to a person responsible for—
a
open premises, or
b
work carried out at any other premises where a person is working.
2
For the purposes of minimising the risk of exposure to coronavirus at the premises, the person must—
a
take all reasonable measures to ensure—
i
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);
ii
where persons are required to wait to enter the premises, that a distance of 2 metres is maintained between them (except between two members of the same household, or a carer and the person assisted by the carer),
b
take any other reasonable measures for that purpose, for example measures which limit close face to face interaction and maintain hygiene such as—
i
changing the layout of premises including the location of furniture and workstations;
ii
controlling use of entrances, passageways, stairs and lifts;
iii
controlling use of shared facilities such as toilets and kitchens;
iv
otherwise controlling the use of, or access to, any other part of the premises;
v
installing barriers or screens;
vi
providing or requiring use of personal protective equipment, and
c
provide information to those entering or working at the premises about how to minimise the risk of exposure to coronavirus.
F722A
Measures that may be taken under paragraph (2) for the purposes of minimising the risk of exposure to coronavirus at the premises also include—
a
ceasing to carry out certain activities;
b
closing a part of the premises.
3
In these Regulations “open premises” means—
a
premises of a business or service listed in Schedule 4;
b
places of worship;
c
cemeteries;
F54d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e
premises of a business listed in Schedule 2 which are permitted to be open by virtue of regulation 7(2);
F9f
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
g
crematoriums F26...;
h
community centres F73....
4
For the purposes of this regulation “premises” also includes a vehicle used to provide a F27public transport service.
F18Requirement to wear face covering on public transport12A
1
A person (“P”) who is travelling as a passenger on a vehicle used to provide a public transport service must wear a face covering.
2
But this is not required—
a
where an exemption applies under paragraph (3);
b
where P has a reasonable excuse not to wear a face covering, as to which see paragraph (4).
3
An exemption to the requirement to wear a face covering applies—
a
where P is a child under the age of 11;
b
on a vehicle providing a school transport service;
c
on a ferry where—
i
the part of the ferry which is open to passengers is entirely outdoors, or
ii
a distance of at least 2 metres can be maintained between persons on the part of the ferry which is open to passengers;
d
on a cruise ship;
e
where P is allocated a cabin, berth or other similar accommodation on the vehicle, at any time when P is in that accommodation—
i
alone, or
ii
only with members of P’s household or a member of the household’s carer;
f
where—
i
P is permitted, or ordinarily required, to board and to stay in a vehicle when using the public transport service,
ii
the vehicle is not itself used for the provision of a public transport service, and
iii
P stays in that vehicle;
g
on an aircraft which neither took off from, nor is to land at, a place in Wales;
h
on a vessel which does not dock at a port in Wales.
4
The circumstances in which P has a reasonable excuse to not wear a face covering include—
a
where P is unable to put on, wear or remove a face covering because of a physical or mental illness or impairment, or a disability (within the meaning of section 6 of the Equality Act 2010);
b
where P has to remove the face covering to communicate with another person who has difficulty communicating (in relation to speech, language or otherwise);
c
where P has to remove the face covering in order to avoid harm or injury, or the risk of harm or injury, to themselves or others;
d
where P is travelling to avoid injury, or to escape a risk of harm, and does not have a face covering;
e
where P has to remove the face covering to—
i
take medication;
ii
eat or drink, if this is allowed on the vehicle and is reasonably necessary (for example due to the length of the journey);
f
where P is asked to remove the face covering by—
i
an enforcement officer, or
ii
the operator of the public transport service, an employee of the operator or a person authorised by the operator.
5
An operator of a public transport service to which paragraph (1) applies must provide information to passengers about the requirement to wear face coverings on their vehicles.
6
For the purposes of this regulation a “school transport service” means any transport service provided solely for the purpose of—
a
carrying a person to and from the school or other place at which the person receives education or training, or
b
otherwise facilitating a person’s attendance at a school or other place at which the person receives education or training.
Guidance on minimising exposureI13I1413
1
A person required to take reasonable measures under regulation 12 must have regard to guidance issued by the Welsh Ministers about those measures.
F281A
An operator of a public transport service to which regulation 12A applies must have regard to guidance issued by the Welsh Ministers about—
a
the requirement to wear a face covering in accordance with paragraphs (1) to (4) of regulation 12A and the enforcement of that requirement under regulation 18;
b
providing information to passengers in accordance with paragraph (5) of regulation 12A.
2
The Welsh Ministers—
a
may revise guidance issued under paragraph (1) F29or (1A), 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).
PART 4Gathering with other people
F45Restriction on indoor gatheringsI1514
1
No person may, without a reasonable excuse—
F55a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
gather in premises indoors with any other person apart from—
i
the members 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—
a
obtain medical assistance, including accessing any of the services referred to in paragraph 10 of Schedule 4 or accessing veterinary services;
b
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 M22, where the person receiving the care is a vulnerable person;
c
provide or receive emergency assistance;
d
donate blood;
e
work or provide voluntary or charitable services;
f
where the person is an elite athlete, train or compete;
g
attend a solemnization of a marriage or formation of a civil partnership—
i
as a party to the marriage or civil partnership,
ii
if invited to attend, or
iii
as the carer of a person attending.
h
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;
F1ha
attend a place of worship;
i
meet a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings;
F11ja
access childcare or participate in supervised activities for children;
k
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;
l
move home;
F30m
undertake activities in connection with the purchase, sale, letting, or rental of residential property;
o
avoid injury or illness or escape a risk of harm.
F74p
exercise with others, in a gathering of no more than 30 people, at a fitness studio, gym, swimming pool, other indoor leisure centre or facility or any other open premises.
3
Paragraph (1) does not apply to a person who is homeless.
F314
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F46Restriction on outdoor gatherings14A
1
No person may, without a reasonable excuse, participate in a gathering outdoors that consists of more than 30 people.
2
A reasonable excuse includes the need to do the following—
a
work or provide voluntary or charitable services;
b
where the person is an elite athlete, train or compete;
c
meet a legal obligation;
d
access or receive public services;
e
access childcare or participate in supervised activities for children.
Exception for organised outdoor activitiesF5615
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Requirement to continue to work from home where practicableF1216
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART 5Enforcement
Enforcement officersI16I1717
F75A1
In regulation 17A and Schedule 5, an “enforcement officer” means a person designated by a local authority for the purposes of these Regulations.
1
For the purposes of regulations 18 to 21, an “enforcement officer” means—
a
a constable,
b
a police community support officer,
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 F76these Regulations (but see paragraphs (2) and (3)), or
d
a person designated under regulation 10(11)(c) of the Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020 M23 as a relevant person (within the meaning given by that regulation) by—
i
the Welsh Ministers,
ii
a local authority,
iii
a National Park authority in Wales, or
iv
Natural Resources Wales,
(but see paragraphs (2) and (3)).
2
3
A person designated by a National Park authority or Natural Resources Wales may exercise an enforcement officer's functions only in relation to a contravention (or alleged contravention) of the requirement in regulation 11(4).
F65Enforcement of regulation 12(2)17A
Schedules 5 and 6 make provision for and in connection with conferring functions on enforcement officers for the purpose of enforcing regulation 12(2).
Enforcement actionsI18I1918
1
2
A compliance notice may specify measures that the person to whom it is given must take as soon as is reasonably practicable so as to prevent that person from continuing to contravene the requirement.
3
If an enforcement officer has reasonable grounds to suspect that a person (“P”) is contravening (or is about to contravene) regulation 11(4), the officer may remove P from a public path or access land (within the meaning given by regulation 11(7)) which is closed (or is being closed) by virtue of regulation 11(1), and may use reasonable force, if necessary, to do so.
F333A
If an enforcement officer has reasonable grounds to suspect that a person (“P”) is contravening (or is about to contravene) regulation 12A(1), the officer may—
a
direct P not to board the vehicle providing the public transport service in question;
b
remove P from the vehicle, and may use reasonable force, if necessary, to do so.
3B
If the operator of a public transport service, an employee of the operator or a person authorised by the operator, has reasonable grounds to suspect that a person (“P”) is about to contravene regulation 12A(1), the operator, employee or authorised person may direct P not to board the vehicle providing the public transport service in question.
4
Where an enforcement officer has reasonable grounds for suspecting that people are gathered together in contravention of regulation 14(1) F59or 14A(1), the officer 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.
5
An enforcement officer may—
a
when exercising the power in paragraph (4), direct a person to follow such instructions as the officer considers necessary;
b
use reasonable force in the exercise of the power in paragraph (4)(a) or (c).
6
Where an enforcement officer has reasonable grounds to suspect that a person (“P”) is in a gathering in contravention of regulation 14(1) F60or 14A(1) and is a child accompanied by an individual (“I”) who has responsibility for P—
a
the officer 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 officer to P.
F346A
Where an enforcement officer has reasonable grounds to believe that a child is failing to comply with the requirement in regulation 12A(1), the officer may direct any individual who has responsibility for the child to secure, so far as reasonably practicable, that the child complies with the requirement.
7
For the purposes of paragraph (6) F35and (6A), 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.
F787A
An enforcement officer may, to facilitate the exercise of a power conferred on the officer by Schedule 5—
a
require any person to give any information or answer any question the officer considers to be relevant to the exercise of the power;
b
require the production of, inspect and take copies of, any documents or electronic records.
8
An enforcement officer may take other action to facilitate the exercise of a power conferred on the officer by this regulation F81, regulation 19 or Schedule 5.
9
An enforcement officer may only exercise a power under this regulation or regulation 19 if the officer considers that it is necessary and proportionate to do so.
F799A
A person may not be required under paragraph (7A) to provide a document, record or other information in respect of which a claim for legal professional privilege could be maintained in legal proceedings.
9B
No information or answer given by a person in response to a requirement imposed under paragraph (7A)(a) is admissible in evidence against that person, or the person’s spouse or civil partner, in proceedings under any enactment other than these Regulations.
10
In this regulation and regulations 19 and 20 references to a requirement include references to a restriction.
Power of entryI20I2119
1
An enforcement officer may enter premises, if the officer—
a
has reasonable grounds for suspecting that a requirement imposed by F82or under 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
An enforcement officer 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 officer to be appropriate.
3
An enforcement officer entering premises in accordance with paragraph (1)—
a
if asked by a person on the premises, must show evidence of the officer'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 officer found them.
Offences and penaltiesI22I2320
2
A person who obstructs, without reasonable excuse, any person carrying out a function under these Regulations commits an offence.
F832A
A person who—
a
without reasonable excuse, contravenes paragraph 3(1) of Schedule 5,
b
contravenes paragraph 3(2) of that Schedule, or
c
without reasonable excuse, removes, obscures or damages a notice or sign required to be displayed under paragraph 7(2) of that Schedule,
commits an offence.
3
A person who, without reasonable excuse—
a
F39aa
contravenes a direction given by the operator of a public transport service, an employee of the operator or a person authorised by the operator, under regulation 18(3B), or
b
fails to comply with a compliance notice given by an enforcement officer under regulation 18(1),
commits an offence.
F843A
A person who commits an offence under paragraph (2A)(a) is liable on summary conviction to imprisonment for a term not exceeding 6 months, to a fine, or to both.
4
F86Any other offence under these Regulations is punishable on summary conviction by a fine.
5
Section 24 of the Police and Criminal Evidence Act 1984 M24 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 noticesI24I2521
1
An enforcement officer may issue a fixed penalty notice to anyone that the officer reasonably believes—
a
has committed an offence under these Regulations F87(except an offence under regulation 20(2A)(a)), 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—
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.
3
The Welsh Ministers may designate themselves under paragraph (2)(b).
4
A person designated by the Welsh Ministers for the purposes of receiving payment under regulation 13 of the Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020 M27 is to be treated as if designated for the purposes of receiving payment under this regulation.
5
Where 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.
6
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 the notice is issued;
b
the person may not be convicted of the offence if the person pays the fixed penalty before the end of that period.
7
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 (6)(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.
8
The amount specified under paragraph (7)(c) must be £60 (subject to paragraphs (9) and (10)).
9
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.
10
If the person to whom a fixed penalty notice is given has already received a fixed penalty notice under these Regulations—
a
paragraph (9) 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.
11
In calculating how many fixed penalty notices a person has received, fixed penalty notices issued to that person under the Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020 M28 are to be taken into account.
12
Whatever other method may be specified under paragraph (7)(e), payment of a fixed penalty may be made by pre-paying and posting to the person whose name is stated under paragraph (7)(d), at the stated address, a letter containing the amount of the penalty (in cash or otherwise).
13
Where a letter is sent as mentioned in paragraph (12), payment is regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.
14
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—
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
which 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.
15
Where a fixed penalty is issued in respect of the alleged offence of contravening the requirement in regulation 11(4), references in this regulation to a “local authority” are to be read as including references to a National Park authority in Wales.
ProsecutionsI26I2722
1
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 F88, except that proceedings for an offence under regulation 20(2A) may also be brought by a local authority.
2
A person designated by the Welsh Ministers under regulation 14 of the Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020 M29 is to be treated as if designated under this regulation.
F47SCHEDULE 1Premises selling food and drink for consumption on the premises
Sch. 1 omitted (3.8.2020) by virtue of The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/820), regs. 1, 2(13) (with reg. 3)
F471
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F472
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F473
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F474
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 2Businesses and services required to be closed
F401
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I282
Theatres.
I29F483
Venues F89authorised to be used for the supply of alcohol by a premises licence or club premises certificate (within the meaning given by the Licensing Act 2003 where live or recorded music is provided for members of the public or members of the venue to dance.
F483A
Sexual entertainment venues (within the meaning given by paragraph 2A of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982).
F634
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I305
Concert halls.
I316
Casinos.
F417
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F428
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F439
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I3210
Skating rinks.
F66I3311
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F66I3412
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F66I3513
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4414
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1615
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F216
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F317
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6418
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5SCHEDULE 3Holiday accommodation
Sch. 3 omitted (25.7.2020) by virtue of The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/803), regs. 1(3), 2(12) (with reg. 4)
F51
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F52
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F53
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F54
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 4Businesses and services which may open subject to protective measures
I361
Any business selling goods or services for sale or hire in a shop.
I372
Pharmacies (including non-dispensing pharmacies) and chemists.
I383
Petrol stations.
I394
Car repair and MOT services.
I405
Taxi or vehicle hire businesses.
I416
Banks, building societies, credit unions, short term loan providers, 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.
I427
Post offices.
I438
Funeral directors.
I449
Laundrettes and dry cleaners.
I4510
Dental services, opticians, audiology services, chiropody, chiropractors, osteopaths and other medical or health services, including services relating to mental health.
I4611
Veterinary surgeons and pet shops.
I4712
Livestock markets or auctions.
I4813
Storage and distribution facilities, including delivery drop off points.
I4914
Car parks.
I5015
Public toilets.
I5116
Libraries.
I5217
Estate or letting agents, developer sales offices and show homes.
I5318
Car dealerships.
I5419
Outdoor markets.
I5520
Betting shops.
I5621
Indoor shopping centres and indoor shopping arcades.
I57F1922
Cinemas.
I5823
Hair salons and barbers.
I5924
Visitor attractions F17....
F425
Funfairs.
26
Playgrounds and outdoor gyms.
F627
1
Holiday sites.
2
In this paragraph, 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.
3
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 applies.
28
Camping sites.
29
Hotels and bed and breakfast accommodation.
30
Other holiday accommodation (including holiday apartments, hostels and boarding houses).
F2031
Massage parlours.
32
Nail and beauty salons.
33
Establishments providing tanning services, body piercings, tattooing, electrolysis or acupuncture.
34
Amusement arcades.
35
Museums, galleries and archive services.
F4936
Restaurants and cafés (including workplace canteens and dining rooms in members’ clubs).
37
Bars (including bars in members’ clubs).
38
Public houses.
39
Bingo halls.
40
Bowling alleys.
41
Auction houses.
F6742
Swimming pools.
43
Indoor fitness studios, gyms, spas and other indoor leisure centres and facilities.
44
Indoor play areas.
F68SCHEDULE 5Enforcement of regulation 12(2)
Sch. 5 inserted (10.8.2020) by The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 4) Regulations 2020 (S.I. 2020/843), reg. 1, Sch. 1 (with reg. 3)
Premises improvement notice1
1
An enforcement officer may issue a notice (a “premises improvement notice”) to a person responsible for premises referred to in regulation 12(1) if the officer considers that—
a
the person is not complying with the obligations imposed on the person by regulation 12(2), and
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
specify the measures it requires to be taken in order to ensure that the person complies with the obligations imposed by regulation 12(2);
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.
Premises closure notice2
1
If either condition 1 or condition 2 is satisfied, an enforcement officer may issue a notice (a “premises closure notice”) to a person responsible for premises referred to in regulation 12(1) 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
the person is not complying with the obligations imposed on the person by regulation 12(2), and
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
ii
must be taken in order to ensure that the responsible person complies with the obligations imposed by regulation 12(2),
c
where a premises improvement notice has not been issued, set out the reasons why the enforcement officer considers that the person is not complying with the obligations imposed by regulation 12(2),
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 336 hours (14 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.
Effect of premises closure notice3
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
the person is doing things necessary to ensure that regulation 12(2) can be complied with when the premises are allowed to be open;
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 notice4
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
b
other measures have been taken to ensure that regulation 12(2) can be complied with at the premises in question.
2
A premises improvement notice or premises closure notice ceases to have effect at the time notice of the termination is issued.
Appeals5
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 compensate the person responsible for the premises 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 terminations6
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 notices7
1
This regulation applies where an enforcement officer has issued a premises improvement notice or a premises closure notice.
2
As soon as reasonably practicable after issuing the notice, the enforcement officer must—
a
display a copy of the notice, and a sign in the form set out in Schedule 6, in a prominent place near every entrance to the premises;
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 notice or sign displayed under sub-paragraph (2)(a) must be at least A4 size.
4
A notice required to be displayed and published under sub-paragraph (2) must continue to be displayed and published, and a sign required to be displayed under that sub-paragraph must continue to be displayed, for as long as the notice has effect.
F69SCHEDULE 6Form of sign to accompany premises improvement notice or premises closure notice
Sch. 6 inserted (10.8.2020) by The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 4) Regulations 2020 (S.I. 2020/843), reg. 1, Sch. 2 (with reg. 3)
Sign to be displayed with premises improvement notice
1
1
A sign displayed with a premises improvement notice under paragraph 7(2)(a) of Schedule 5 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
2
1
A sign displayed with a premises closure notice under paragraph 7(2)(a) of Schedule 5 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.
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.