2021 No. 210 (W. 52)
The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 4) Regulations 2021
Approved by Senedd Cymru
Made
Laid before Senedd Cymru
Coming into force in accordance with regulation 1(2) and (3)
The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 45C(1) and (3)(c), 45F(2) and 45P(2) 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.
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.
Title and coming into force1
1
The title of these Regulations is the Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 4) Regulations 2021.
2
These Regulations, apart from paragraphs (8) and (11)(b) of regulation 2, come into force on 27 February 2021.
3
Paragraphs (8) and (11)(b) of regulation 2 come into force on 1 March 2021.
Amendment of the Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 20202
1
The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 20202 are amended as follows.
2
Omit regulations 11A, 11AA and 11B.
3
In regulation 12, for “, 9(2), 11A(2) or 11AA(2)” substitute “or 9(2)”.
4
In regulation 14(2), omit sub-paragraph (aa).
5
In regulation 22(4)(a), for “, 9(2), 11A(2) or 11AA(2)” substitute “or 9(2)”.
6
In regulation 30, for “, 9(2), 11A(2) or 11AA(2)” substitute “or 9(2)”.
7
In regulation 40—
a
in paragraph (1)—
i
in sub-paragraph (a), omit “, 11A(2), 11AA(2)”;
ii
in sub-paragraph (b), for “, 9(3), 11A(3) or 11AA(3)” substitute “or 9(3)”;
b
in paragraph (2)(a), for “, 9(3), 11A(3) or 11AA(3)” substitute “or 9(3)”.
8
In regulation 57(5)(a), for “regulation 2 of the Smoke-free Premises etc. (Wales) Regulations 2007” substitute “regulation 3 of the Smoke-free Premises and Vehicles (Wales) Regulations 20203”.
9
In paragraph 3 of Schedule 4—
a
in sub-paragraphs (1) and (4), in each place it occurs, for “single adult” substitute “well-being needs”;
b
after sub-paragraph (7) insert—
8
In this paragraph, “well-being needs household” means—
a
a single adult household;
b
a household comprising of 1 or more children and no adults.
10
For the heading to Schedule 5 substitute “Areas and temporary modifications”.
11
In paragraph 2 of Schedule 5—
a
after paragraph (b) insert—
c
paragraph 3(8) of Schedule 4 is to be read as if after paragraph (b) there were inserted—
c
a household comprising of—
i
2 or more adults,
ii
1 or more children under the age of 1, and
iii
any number of other children.
b
after paragraph (c) (as inserted above) insert—
d
paragraph 11 of Schedule 4 is to be read as if—
i
after sub-paragraph (1) there were inserted—
1A
And approved premises may be open to the public to the extent that this is required for the purposes of the solemnisation of a marriage, formation of civil partnership or alternative wedding ceremony at the premises.
ii
after sub-paragraph (4) there were inserted—
5
In this paragraph, “approved premises” means premises approved in accordance with the Marriages and Civil Partnerships (Approved Premises) Regulations 20054—
a
as premises on which marriages may be solemnised in pursuance of section 26(1)(bb) of the Marriage Act 19495, or
b
for the purposes of section 6(3A)(a) of the Civil Partnership Act 20046.
(This note is not part of the Regulations)