The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 13) Regulations 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

Part 2A of the Public Health (Control of Disease) Act 1984 enables the Welsh Ministers, by regulations, to make provision for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection or contamination in Wales.

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) (No. 5) (Wales) Regulations 2020 (S.I. 2020/1609 (W. 335)) (“the principal Regulations”).

The Regulations replace regulation 16 of the principal Regulations. The new regulation 16 requires the person responsible for “regulated premises” to take the following steps.

Step 1 – undertake an assessment of the risk of exposure to coronavirus at the premises.

Step 2 – provide information to those entering or working at the premises about how to minimise the risk of exposure to coronavirus.

Step 3 – take all reasonable measures to ensure that a distance of 2 metres is maintained between persons on the premises, except between the members of a group, comprising of no more than 6 persons or members of the same household at Alert Level 1 and 2, or at Alert Levels 3 and 4, comprising of members of the same household.

Step 4 – take reasonable measures to mitigate the risk of exposure to coronavirus that arises where persons gather in close proximity to each other. The measures may include seeking to prevent persons experiencing symptoms of COVID-19 from entering the premises, ensuring that people gather outdoors instead of indoors where it is practicable to do so, limiting close face-to-face interaction, seeking to ensure that the premises are well ventilated, and maintaining good hygiene. They may also include measures such as not carrying on certain activities and collecting contact information from persons at the premises.

In determining the extent to which it is reasonable to take a particular measure under Step 3, the person responsible for the premises may have regard to measures taken under Step 4 to mitigate the risk of exposure to coronavirus when a person is within 2 metres of another person.

The Regulations also amend Schedule 1 to the principal Regulations (which sets out the restrictions and requirements that currently have effect in Wales as an Alert Level 1 area) to—

• remove the previous limit of 30 on the number of people that are allowed to gather at a celebration of a solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony, or at a celebration of the life of a deceased person – maximum permitted numbers will now be set in light of the risk assessment undertaken under regulation 16 of the principal Regulations, and the steps and reasonable measures taken under that regulation;

• allow primary school children to gather at holiday or travel accommodation (for example, for overnight stays) where the gathering is related to a regulated gathering for the development or well-being of children, such as those provided for children outside of school hours and during school holidays at places such as outdoor education centres, or is related to a gathering at which the children are participating for the purpose of accessing or receiving education;

• clarify that the prohibition on organising events does not apply to an entertainment performance held in premises ordinarily used for that purpose, and where no more than 200 people are in attendance or where it is held outdoors.

The Regulations also amend Schedule 2 to the principal Regulations (which relates to Alert Level 2 areas) to clarify the effect of the prohibition on organising events, including that it does not apply to an entertainment performance held in premises ordinarily used for that purpose, and where no more than 200 people are in attendance or where it is held outdoors.

They also make other minor and consequential amendments to the principal Regulations, including amending regulation 57 to clarify that an event does not cease to be classed as being “outdoors” just because indoor facilities are provided for the consumption of food and drink.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has not been prepared as to the likely cost and benefit of complying with these Regulations.