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The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020 (revoked)

Status:

Point in time view as at 16/10/2020.

Changes to legislation:

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Regulation 6

F1SCHEDULE 1E+WPremises selling food and drink for consumption on the premises

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulation 7

SCHEDULE 2E+WBusinesses and services required to be closed

F21.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

2.  Theatres.E+W

Commencement Information

I1Sch. 2 para. 2 in force at 13.7.2020, see reg. 1(4)

[F33.  Venues [F4authorised 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.]E+W

Textual Amendments

Commencement Information

I2Sch. 2 para. 3 in force at 13.7.2020, see reg. 1(4)

[F33A.  Sexual entertainment venues (within the meaning given by paragraph 2A of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982).]E+W

Textual Amendments

F54.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

5.  Concert halls.E+W

Commencement Information

I3Sch. 2 para. 5 in force at 13.7.2020, see reg. 1(4)

F66.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F77.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F88.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F99.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F1010.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F1111.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Commencement Information

I4Sch. 2 para. 11 in force at 13.7.2020, see reg. 1(4)

F1112.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Commencement Information

I5Sch. 2 para. 12 in force at 13.7.2020, see reg. 1(4)

F1113.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Commencement Information

I6Sch. 2 para. 13 in force at 13.7.2020, see reg. 1(4)

F1214.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F1315.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F1416.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F1517.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F1618.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Regulation 8

F17SCHEDULE 3E+WHoliday accommodation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulation 12

SCHEDULE 4E+WBusinesses and services which may open subject to protective measures

1.  Any business selling goods or services for sale or hire in a shop.E+W

Commencement Information

I7Sch. 4 para. 1 in force at 13.7.2020, see reg. 1(4)

2.  Pharmacies (including non-dispensing pharmacies) and chemists.E+W

Commencement Information

I8Sch. 4 para. 2 in force at 13.7.2020, see reg. 1(4)

3.  Petrol stations.E+W

Commencement Information

I9Sch. 4 para. 3 in force at 13.7.2020, see reg. 1(4)

4.  Car repair and MOT services.E+W

Commencement Information

I10Sch. 4 para. 4 in force at 13.7.2020, see reg. 1(4)

5.  Taxi or vehicle hire businesses.E+W

Commencement Information

I11Sch. 4 para. 5 in force at 13.7.2020, see reg. 1(4)

6.  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.E+W

Commencement Information

I12Sch. 4 para. 6 in force at 13.7.2020, see reg. 1(4)

7.  Post offices.E+W

Commencement Information

I13Sch. 4 para. 7 in force at 13.7.2020, see reg. 1(4)

8.  Funeral directors.E+W

Commencement Information

I14Sch. 4 para. 8 in force at 13.7.2020, see reg. 1(4)

9.  Laundrettes and dry cleaners.E+W

Commencement Information

I15Sch. 4 para. 9 in force at 13.7.2020, see reg. 1(4)

10.  Dental services, opticians, audiology services, chiropody, chiropractors, osteopaths and other medical or health services, including services relating to mental health.E+W

Commencement Information

I16Sch. 4 para. 10 in force at 13.7.2020, see reg. 1(4)

11.  Veterinary surgeons and pet shops.E+W

Commencement Information

I17Sch. 4 para. 11 in force at 13.7.2020, see reg. 1(4)

12.  Livestock markets or auctions.E+W

Commencement Information

I18Sch. 4 para. 12 in force at 13.7.2020, see reg. 1(4)

13.  Storage and distribution facilities, including delivery drop off points.E+W

Commencement Information

I19Sch. 4 para. 13 in force at 13.7.2020, see reg. 1(4)

14.  Car parks.E+W

Commencement Information

I20Sch. 4 para. 14 in force at 13.7.2020, see reg. 1(4)

15.  Public toilets.E+W

Commencement Information

I21Sch. 4 para. 15 in force at 13.7.2020, see reg. 1(4)

16.  Libraries.E+W

Commencement Information

I22Sch. 4 para. 16 in force at 13.7.2020, see reg. 1(4)

17.  Estate or letting agents, developer sales offices and show homes.E+W

Commencement Information

I23Sch. 4 para. 17 in force at 13.7.2020, see reg. 1(4)

18.  Car dealerships.E+W

Commencement Information

I24Sch. 4 para. 18 in force at 13.7.2020, see reg. 1(4)

19.  Outdoor markets.E+W

Commencement Information

I25Sch. 4 para. 19 in force at 13.7.2020, see reg. 1(4)

20.  Betting shops.E+W

Commencement Information

I26Sch. 4 para. 20 in force at 13.7.2020, see reg. 1(4)

21.  Indoor shopping centres and indoor shopping arcades.E+W

Commencement Information

I27Sch. 4 para. 21 in force at 13.7.2020, see reg. 1(4)

[F1822.  Cinemas.]E+W

Textual Amendments

Commencement Information

I28Sch. 4 para. 22 in force at 13.7.2020, see reg. 1(4)

23.  Hair salons and barbers.E+W

Commencement Information

I29Sch. 4 para. 23 in force at 13.7.2020, see reg. 1(4)

24.  Visitor attractions F19....E+W

Textual Amendments

Commencement Information

I30Sch. 4 para. 24 in force at 13.7.2020, see reg. 1(4)

[F2025.  Funfairs.E+W

Textual Amendments

26.  Playgrounds and outdoor gyms.]E+W

Textual Amendments

[F2127.—(1) Holiday sites.E+W

(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.

Textual Amendments

28.  Camping sites.E+W

Textual Amendments

29.  Hotels and bed and breakfast accommodation.E+W

Textual Amendments

30.  Other holiday accommodation (including holiday apartments, hostels and boarding houses).]E+W

Textual Amendments

[F2231.  Massage parlours.E+W

Textual Amendments

32.  Nail and beauty salons.E+W

Textual Amendments

33.  Establishments providing tanning services, body piercings, tattooing, electrolysis or acupuncture.E+W

Textual Amendments

34.  Amusement arcades.E+W

Textual Amendments

35.  Museums, galleries and archive services.]E+W

Textual Amendments

[F2336.  Restaurants and cafés (including workplace canteens and dining rooms in members’ clubs).E+W

Textual Amendments

37.  Bars (including bars in members’ clubs).E+W

Textual Amendments

38.  Public houses.E+W

Textual Amendments

39.  Bingo halls.E+W

Textual Amendments

40.  Bowling alleys.E+W

Textual Amendments

41.  Auction houses.]E+W

Textual Amendments

[F2442.  Swimming pools.E+W

Textual Amendments

43.  Indoor fitness studios, gyms, spas and other indoor leisure centres and facilities.E+W

Textual Amendments

44.  Indoor play areas.]E+W

Textual Amendments

[F2545.  Casinos]E+W

Textual Amendments

[F2646.  Skating rinks.]E+W

Textual Amendments

Regulation 14C

[F27SCHEDULE 4AE+WLocal restrictions

Textual Amendments

[F28PART 1 E+WLocal health protection areas

Textual Amendments

Local health protection areaE+W

[F291.  For the purposes of these Regulations, the following areas are local health protection areas—

(a)Caerphilly County Borough;

(b)Rhondda Cynon Taf County Borough.

[F30(c)Blaenau Gwent County Borough;

(d)Bridgend County Borough;

(e)Merthyr Tydfil County Borough;

(f)the City and County Borough of Newport.]

[F31(g)the area comprising the following electoral divisions in the county of Carmarthenshire—

(i)Bigyn;

(ii)Bynea;

(iii)Dafen;

(iv)Elli;

(v)Felinfoel;

(vi)Glanymor;

(vii)Hendy;

(viii)Hengoed;

(ix)Llangennech;

(x)Lliedi;

(xi)Llwynhendy;

(xii)Tyisha;

(xiii)Swiss Valley.]

[F32(h)the City and County of Cardiff;

(i)the City and County of Swansea.]

[F33(j)Neath Port Talbot County Borough;

(k)Torfaen County Borough;

(l)Vale of Glamorgan County Borough.]

[F34(m)Conwy County Borough;

(n)the County of Denbighshire;

(o)the County of Flintshire;

(p)Wrexham County Borough.]

[F35(q)the area comprising the following electoral divisions in the county of Gwynedd—

(i)Deiniol;

(ii)Dewi;

(iii)Garth;

(iv)Glyder;

(v)Hendre;

(vi)Hirael;

(vii)Marchog;

(viii)Menai [F36(Bangor)].]]]

Textual Amendments

[F37PART 2 E+WRestrictions applying in respect of each local health protection area]

Textual Amendments

[F38Restriction on extended householdsE+W

2.—(1) Where, before the area in which a household lives became a local health protection area, the household agreed to be treated as being in an extended household with other households in accordance with regulation 2A—

(a)that household is not to be treated as being in the extended household from the time at which the area became a local health protection area, and

(b)the other households continue to be treated as an extended household (provided they are not living in a local health protection area) and regulation 2A applies to those households accordingly.

(2) Despite regulation 2A(1), no household living in a local health protection area may agree to be treated as an extended household with other households.

(3) But a household comprising of no more than one adult (and any number of children) living in a local health protection area and another household also living in that area, may agree to be treated as a temporary extended household.

(4) A household ceases to be treated as being in a temporary extended household if—

(a)the household ceases to live in the local health protection area, or

(b)the area ceases to be a local health protection area.

(5) Paragraphs (2) to (6) of regulation 2A apply to (two) households treated as a temporary extended household under sub-paragraph (3) as they apply to (up to four) households treated as an extended household under regulation 2A(1).

(6) But regulation 2A(4) does not prevent—

(a)two households being treated as a temporary extended household under sub-paragraph (3) where either household—

(i)was treated as being in an extended household in accordance with regulation 2A, and

(ii)is no longer treated as being in an extended household by virtue of sub-paragraph (1)(a);

(b)up to four households being treated as an extended household under regulation 2A(1) where at least one of the households—

(i)was treated as being in a temporary extended household in accordance with sub-paragraph (3), and

(ii)is no longer treated as being in a temporary extended household by virtue of sub-paragraph (4).]

Textual Amendments

Requirement to stay within local health protection areaE+W

3.—(1) No person living in a local health protection area may, without a reasonable excuse, leave the area or remain away from the area.

(2) A reasonable excuse includes the need to do the following outside the local health protection area—

(a)obtain—

(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 6 or 7 of Schedule 4;

(c)obtain or provide medical assistance, including accessing any of the services referred to in paragraph 10 of Schedule 4 or accessing veterinary services;

(d)[F39provide, receive or access care or assistance, including childcare or 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)work or provide voluntary or charitable services, where it is not reasonably practicable to do so from home;

(f)where the person is an elite athlete, train and compete;

(g)provide or receive emergency assistance;

(h)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;

(i)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;

(j)meet a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings;

(k)access or receive public services;

(l)access or receive [F40educational] services;

[F41(la)participate in or facilitate organised activities for the development or well-being of children (including sports, music and other recreational activities such as those provided for children outside of school hours and during school holidays);]

(m)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;

(n)move home;

(o)undertake activities in connection with the purchase, sale, letting, or rental of residential property;

(p)avoid injury or illness or escape a risk of harm.

(3) For the purposes of sub-paragraph (1), it is not a reasonable excuse for a person to leave, or remain away from, a local health protection area to do anything if it would be reasonably practicable for the person to do that thing within the area.

(4) Sub-paragraph (1) does not apply to a person who is homeless.

Textual Amendments

Requirement not to enter local health protection areaE+W

4.—(1) No person may, without reasonable excuse, enter a local health protection area or remain in it.

(2) A reasonable excuse includes the need to do the following in the local health protection area—

(a)obtain—

(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 6 or 7 of Schedule 4;

(c)obtain or provide medical assistance, including accessing any of the services referred to in paragraph 10 of Schedule 4 or accessing veterinary services;

(d)[F42provide, receive or access care or assistance, including childcare or 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)work or provide voluntary or charitable services [F43where it is not reasonably practicable to carry out the work or provide the service from a place outside the area];

(f)where the person is an elite athlete, train and compete;

(g)provide or receive emergency assistance;

(h)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;

(i)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;

(j)meet a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings;

(k)access or receive public services;

(l)access or receive [F44educational] services;

[F45(la)participate in or facilitate organised activities for the development or well-being of children (including sports, music and other recreational activities such as those provided for children outside of school hours and during school holidays);]

(m)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;

(n)move home;

(o)undertake activities in connection with the purchase, sale, letting, or rental of residential property;

(p)avoid injury or illness or escape a risk of harm;

(q)travel to reach a place outside the area.

(3) For the purposes of sub-paragraph (1), it is not a reasonable excuse for a person to enter, or remain in, a local health protection area to do anything if it would be reasonably practicable for the person to do that thing outside the area.

Textual Amendments

Requirement to work from home where practicableE+W

5.—(1) No person living in a local health protection area may leave the place where they are living, or remain away from that place, in order to go to work or for work-related purposes.

(2) But sub-paragraph (1) does not apply if it is not reasonably practicable for the person to work from the place where they are living.

(3) No person living in a local health protection area may leave the place where they are living, or remain away from that place, in order to provide voluntary or charitable services.

(4) But sub-paragraph (3) does not apply if it is not reasonably practicable for the person to provide the voluntary or charitable services from the place where they are living.

(5) For the purposes of this paragraph, 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.

Requirement to wear face covering in certain public placesE+W

F466.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F47[F48...E+WF47...

Textual Amendments

[F49Restrictions on licensed premises]E+W

F507.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]]

Textual Amendments

Regulation 14D

[F51SCHEDULE 4BE+WTravel restriction areas

Textual Amendments

Part 1: EnglandE+W

1.  The areas of the following, designated as Tier 2 areas by the Health Protection (Coronavirus, Local COVID-19 Alert Level) (High) (England) Regulations 2020 or as Tier 3 areas by the Health Protection (Coronavirus, Local COVID-19 Alert Level) (Very High) (England) Regulations 2020—E+W

CheshireE+W

Cheshire East Council

Cheshire West and Chester Council

Warrington Borough Council

CumbriaE+W

Barrow-in-Furness Borough Council

DerbyshireE+W

Chesterfield Borough Council

Erewash Borough Council

North East Derbyshire District Council

In the area of High Peak Borough Council, the following electoral areas (as defined by section 203(1) of the Representation of the People Act 1983)—

Dinting

Gamesley

Hadfield North

Hadfield South

Howard Town

Old Glossop

Padfield

Simmondley

St John’s

Tintwistle

Whitfield

DurhamE+W

Durham County Council

EssexE+W

Basildon Council

Braintree District Council

Brentwood Borough Council

Castle Point Borough Council

Chelmsford City Council

Colchester Borough Council

Epping Forest District Council

Harlow Council

Maldon District Council

Rochford District Council

Tendring District Council

Uttlesford District Council

Greater LondonE+W

The Common Council of the City of London

Barking and Dagenham Borough Council

Barnet Borough Council

Bexley Borough Council

Brent Borough Council

Bromley Borough Council

Camden Borough Council

Croydon Borough Council

Ealing Borough Council

Enfield Borough Council

Greenwich Borough Council

Hackney Borough Council

Hammersmith and Fulham Borough Council

Haringey Borough Council

Harrow Borough Council

Havering Borough Council

Hillingdon Borough Council

Hounslow Borough Council

Islington Borough Council

Kensington and Chelsea Borough Council

Kingston upon Thames Borough Council

Lambeth Borough Council

Lewisham Borough Council

Merton Borough Council

Newham Borough Council

Redbridge Borough Council

Richmond upon Thames Borough Council

Southwark Borough Council

Sutton Borough Council

Tower Hamlets Borough Council

Waltham Forest Borough Council

Wandsworth Borough Council

Westminster City Council

Greater ManchesterE+W

Bolton Metropolitan Borough Council

Bury Metropolitan Borough Council

Manchester City Council

Oldham Metropolitan Borough Council

Rochdale Borough Council

Salford City Council

Stockport Metropolitan Borough Council

Tameside Metropolitan Borough Council

Trafford Metropolitan Borough Council

Wigan Metropolitan Borough Council

LancashireE+W

Blackpool Council

Blackburn with Darwen Borough Council

Burnley Borough Council

Chorley Borough Council

Fylde Borough Council

Hyndburn Borough Council

Lancaster City Council

Pendle Borough Council

Preston City Council

Ribble Valley Borough Council

Rossendale Borough Council

South Ribble Borough Council

West Lancashire Borough Council

Wyre Borough Council

LeicestershireE+W

Leicester City Council

Oadby and Wigston Borough Council

MerseysideE+W

Halton Borough Council

Knowsley Metropolitan Borough Council

Liverpool City Council

Sefton Borough Council

St Helens Borough Council

Wirral Metropolitan Borough Council

NorthumberlandE+W

Northumberland County Council

North YorkshireE+W

City of York Council

NottinghamshireE+W

Ashfield District Council

Bassetlaw District Council

Broxtowe Borough Council

Gedling Borough Council

Mansfield District Council

Newark & Sherwood District Council

Nottingham City Council

Rushcliffe Borough Council

South YorkshireE+W

Barnsley Metropolitan Borough Council

Doncaster Council

Rotherham Metropolitan Borough Council

Sheffield City Council

SurreyE+W

Elmbridge Borough Council

Tees ValleyE+W

Darlington Borough Council

Hartlepool Borough Council

Middlesbrough Borough Council

Redcar and Cleveland Borough Council

Stockton-on-Tees Borough Council

Tyne and WearE+W

Gateshead Council

Newcastle City Council

North Tyneside Council

South Tyneside Council

Sunderland City Council

West MidlandsE+W

Birmingham City Council

Sandwell Metropolitan Borough Council

Solihull Metropolitan Borough Council

City of Wolverhampton Council

Walsall Council

West YorkshireE+W

City of Bradford Metropolitan District Council

Calderdale Metropolitan Borough Council

Kirklees Metropolitan Council

Leeds City Council

Wakefield Council

Part 2: ScotlandE+W

2.  The area designated as a protected area by the Health Protection (Coronavirus) (Restrictions and Requirements) (Additional Temporary Measures) (Scotland) Regulations 2020, comprising the local government areas of—E+W

City of Glasgow

Clackmannanshire

East Ayrshire

East Dunbartonshire

East Renfrewshire

East Lothian

Edinburgh City

Falkirk

Inverclyde

Midlothian

North Ayrshire

North Lanarkshire

Renfrewshire

South Ayrshire

South Lanarkshire

Stirling

West Dunbartonshire

West Lothian

Part 3: Northern IrelandE+W

3.  All of Northern Ireland.]E+W

Regulation 17A

[F52SCHEDULE 5E+WEnforcement of regulation 12(2)

Textual Amendments

Premises improvement noticeE+W

1.—(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 noticeE+W

2.—(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 noticeE+W

3.—(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 noticeE+W

4.—(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.

AppealsE+W

5.—(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 [F53pay compensation] 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.

Textual Amendments

Issuing premises improvement and closure notices and terminationsE+W

6.—(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 noticesE+W

7.—(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.]

Regulation 17A

[F54SCHEDULE 6E+WForm of sign to accompany premises improvement notice or premises closure notice

Textual Amendments

Sign to be displayed with premises improvement noticeE+W

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.E+W

(2) The colours used in the sign must be white, black and amber C0 M60 Y100 K0

Sign to be displayed with premises closure noticeE+W

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.E+W

(2) The colours used in the sign must be white, black and red C15 M100 Y100 K0.]

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