Legislation – The Health Protection (Coronavirus Restrictions) (No. 3) (Wales) Regulations 2020

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Introduction

PART 1
Introduction

1 Title, application and coming into force

2 Expiry

PART 2
Restrictions on movement and gathering with others

3 Requirement to stay at home

4 Requirement not to gather with other people

5 Restriction on travelling into Wales

6 Restriction on attending school

7 Restriction on attending further education

8 Interpretation of regulations 6 and 7

9 Prohibition on organising certain unlicensed music events

9A Restrictions relating to persons who have recently been in Denmark

PART 3
Restrictions on businesses and services whose premises are ordinarily open to the public

CHAPTER 1 Overview

10 References to “premises” and overview

CHAPTER 2 Businesses and services whose premises must be closed

11 Closure of premises used by certain businesses and services

CHAPTER 3 Business and services whose premises must be closed but to which limited access may be allowed

12 Closure of bars and restaurants etc.

13 Closure of holiday accommodation

14 Closure of places of worship, community centres and crematoriums

CHAPTER 4 Business and services whose premises may be open

15 Open premises

CHAPTER 5 Mixed businesses

16 Mixed businesses

PART 4
Minimising risk of exposure to coronavirus

17 Requirement to take preventative measures on regulated premises to minimise risk

18 Requirement to wear face covering on public transport

19 Requirement to wear face covering in certain indoor public places

20 Guidance on minimising exposure

PART 5
Enforcement

21 Enforcement officers

22 Enforcement of requirement to take preventative measures

23 Compliance notices

24 Powers of removal and dispersal

25 Enforcement of face covering requirements

26 Enforcement: children

27 Power of entry

28 Enforcement: supplemental provision

PART 6
Offences and penalties

29 Offences and penalties

30 Offences committed by bodies corporate etc.

31 Fixed penalty notices

32 Prosecutions

PART 7
General

33 Interpretation

34 Revocation

35 Consequential amendment

SCHEDULES

SCHEDULE 1 Businesses and services whose premises are subject to restrictions or closure

SCHEDULE 2 Enforcement of requirement to take preventative measures on regulated premises

SCHEDULE 3 Form of sign to accompany premises improvement notice or premises closure notice

Signature

Explanatory note

Changes to legislation:

There are currently no known outstanding effects for The Health Protection (Coronavirus Restrictions) (No. 3) (Wales) Regulations 2020, PART 7. Help about Changes to Legislation

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PART 7General

Interpretation33.

(1)

In these Regulations—

(a)

burial” includes the interment of a dead person’s ashes;

(b)

care home” means premises at which a “care home service” within the meaning given by paragraph 1 of Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016 M1 is provided;

(c)

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 M2,

(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;

(d)

child” means a person who is aged under 18;

(e)

coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);

(f)

elite athlete” means an individual designated as such for the purposes of these Regulations by the Sports Council for Wales;

(g)

face covering” means a covering of any type which covers a person’s nose and mouth;

(h)

local authority” means the council of a county or county borough in Wales;

(i)

Local Health Board” has the meaning given by regulation 17(4)(c);

(j)

parental responsibility” has the same meaning as in the Children Act 1989 M3;

(k)

a “person responsible for carrying on a business” includes the owner, proprietor, and manager of that business;

(l)

premises” includes any building or structure and any land;

(m)

public transport service” means a service provided for the carriage of passengers by road, railway, tramway, air or water;

(n)

regulated premises” has the meaning given by regulation 17(1);

(o)

“specified sporting events” are the following—

(i)

Wales v Norway football match, women’s UEFA European Championships qualifying on 27 October 2020;

(ii)

Wales v Scotland rugby match, women’s 6 Nations Tournament on 1 November 2020;

(iii)

the UEFA Champions League match involving Swansea City AFC Ladies to be held on 3 or 4 November 2020;

(p)

vehicle” includes an aircraft, a cable car, a train, a tram and a vessel;

(q)

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 M4.

(2)

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 M5.

(3)

If a household comprising of no more than one adult (and any number of children) and another household agree to be treated as a single (extended) household for the purposes of these Regulations, any reference in these Regulations (other than in paragraphs (4) to (6)) to a “household” is to be read as including both households.

(4)

To agree to be treated as a single household all of the adults of the two households must agree.

(5)

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 (3) with any other household.

(6)

If two households have agreed to be treated as a temporary extended household in accordance with paragraph 2 of Schedule 4A to the Health Protection (Coronavirus Restrictions) (No.2) (Wales) Regulations 2020 M6 they are to be treated as also having agreed to be treated as a single (extended) household for the purposes of these Regulations.

(7)

For the purposes of these Regulations, premises are authorised for the sale or supply of alcohol where the premises have been granted or given an authorisation under the Licensing Act 2003, and “authorisation” has the meaning given by section 136(5) of that Act.

Revocation34.

(1)

The following Regulations are revoked—

(a)

the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020;

(b)

the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) Regulations 2020 M7;

(c)

the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 2) Regulations 2020 M8;

(d)

the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 3) Regulations 2020 M9;

(e)

the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 4) Regulations 2020 M10;

(f)

the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 5) Regulations 2020 M11;

(g)

the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 6) Regulations 2020 M12;

(h)

the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 7) Regulations 2020 M13;

(i)

the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 8) (Caerphilly) Regulations 2020 M14;

(j)

the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 9) Regulations 2020 M15;

(k)

the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 10) (Rhondda Cynon Taf) Regulations 2020 M16;

(l)

the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 11) (Blaenau Gwent, Bridgend, Merthyr Tydfil and Newport etc.) Regulations 2020 M17;

(m)

the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 12) Regulations 2020 M18;

(n)

the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 13) (Llanelli etc.) Regulations 2020 M19;

(o)

the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 14) (Cardiff and Swansea) Regulations 2020 M20;

(p)

the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 15) (Neath Port Talbot, Torfaen and Vale of Glamorgan) Regulations 2020 M21;

(q)

the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 16) (Conwy, Denbighshire, Flintshire and Wrexham) Regulations 2020 M22;

(r)

the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 17) Regulations 2020 M23;

(s)

the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 18) (Bangor) Regulations 2020 M24;

(t)

the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 19) Regulations 2020 M25.

(2)

Despite the revocation of those Regulations, they continue in force in relation to any offence committed, or any notice given or issued, under the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020 before these Regulations came into force.

Consequential amendment35.

(1)

In regulation 19(10) of the Health Protection (Coronavirus Restrictions) (Functions of Local Authorities etc.) (Wales) Regulations 2020, after sub-paragraph (b) insert—

“(c)

the Health Protection (Coronavirus Restrictions) (No. 3) (Wales) Regulations 2020.”

Annotations:
Commencement Information

I3Reg. 35 in force at 23.10.2020 at 6.00 p.m., see reg. 1(3)