Legislation – The Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020

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Introduction

PART 1
Introduction, review and expiry

1 Title, application and coming into force

2 Review

3 Expiry

PART 2
Restrictions on gatherings and events

4 Restriction on gatherings in private dwellings

5 Extended households

6 Restriction on gatherings in public places

7 Prohibition on organising events

8 Prohibition on organising certain unlicensed music events

PART 3
Restrictions on travel

9 Restriction on travel to and from Wales

PART 4
Requirement to isolate etc.

CHAPTER 1 Requirement to isolate etc. where person tests positive for coronavirus or has close contact with such person

10 Interpretation of Part

11 Requirement to isolate: adult with coronavirus

12 Requirement to isolate: child with coronavirus

13 Requirement to isolate after close contact: adult

14 Requirement to isolate after close contact: child

15 Isolation requirements: exceptions

16 Requirement on persons with responsibility for children

17 Withdrawing a notice which requires isolation

CHAPTER 2 Information

18 Power to use and disclose information

PART 5
Restrictions on certain businesses and services

19 Closure of premises used by certain businesses and services

20 Restrictions on licensed premises

PART 6
Minimising risk of exposure to coronavirus

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

22 Requirement to wear face covering on public transport

23 Requirement to wear face covering in certain indoor public places

24 Guidance on minimising exposure

PART 7
Enforcement

25 Enforcement officers

26 Enforcement of requirement to take preventative measures

27 Compliance notices

28 Powers of removal and dispersal

29 Powers relating to prohibited events

30 Enforcement of face covering requirements

31 Enforcement: children

32 Power of entry

33 Power of police to conduct road checks

34 Enforcement: supplemental provision

PART 8
Offences and penalties

35 Offences and penalties

36 Offences committed by bodies corporate etc.

37 Fixed penalty notices

38 Amount of fixed penalty: general

39 Amount of fixed penalty: participating in a large gathering at a private dwelling

40 Amount of fixed penalty: organising an event

41 Amount of fixed penalty: organising an unlicensed music event

42 Amount of fixed penalty: business-related offences

43 Fixed penalties: form and procedure

44 Fixed penalty notices: prohibition of double jeopardy

45 Self-incrimination

46 Prosecutions

PART 9
General

47 Interpretation

48 Consequential amendment

SCHEDULES

SCHEDULE 1 Businesses or services whose premises must be closed

SCHEDULE 2 Regulated premises

SCHEDULE 3 Enforcement of requirement to take preventative measures on regulated premises

SCHEDULE 4 Form of sign to accompany premises improvement notice or premises closure notice

Signature

Explanatory note

PART 2Restrictions on gatherings and events

Restriction on gatherings in public places6.

(1)

No person may, without a reasonable excuse, participate in a gathering which

(a)

takes place anywhere other than—

(i)

in a private dwelling, or

(ii)

in holiday or travel accommodation, and

(b)

consists of more than 4 people, not including

(i)

any children under the age of 11, or

(ii)

the carer of a person who is participating in the gathering.

(2)

But a person may participate in such a gathering which—

(a)

takes place indoors or in any part of regulated premises that is outdoors, if all the persons participating in the gathering are members of the same household, or

(b)

takes place outdoors other than in regulated premises, if all the persons participating in the gathering are—

(i)

members of the same household, or

(ii)

members of the same extended household.

(3)

No person may, without a reasonable excuse, participate in a gathering which takes place in holiday or travel accommodation unless all the persons participating in the gathering are members of the same household.

(4)

For the purposes of paragraphs (1) and (3), a person has a reasonable excuse if—

(a)

the person is participating in the gathering for a purpose that is reasonably necessary and there is no reasonably practicable alternative, or

(b)

one of the circumstances in paragraph (6) applies.

(5)

Examples of purposes for which it may be reasonably necessary for a person to participate in a gathering include—

(a)

obtaining or providing medical assistance, or accessing veterinary services;

(b)

working or providing voluntary or charitable services;

(c)

meeting a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings;

(d)

providing, receiving or accessing 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)

in relation to children who do not live in the same household as their parents, or one of their parents, continuing existing arrangements for access to, and contact between, parents and children, and for the purposes of this sub-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;

(f)

moving home;

(g)

undertaking activities in connection with the purchase, sale, letting, or rental of residential property;

(h)

accessing or receiving public services;

(i)

accessing or receiving educational services.

(6)

The circumstances referred to in paragraph (4)(b) are that the person is—

(a)

providing or receiving emergency assistance;

(b)

avoiding illness, injury or other risk of harm;

(c)

attending a solemnisation 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;

(d)

attending 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;

(e)

participating in a gathering of no more than 15 people, not including persons under the age of 11, at regulated premises to—

(i)

celebrate a solemnisation of a marriage or formation of a civil partnership that takes place on or after 22 August 2020;

(ii)

celebrate the life of a deceased person whose funeral is held on or after 22 August 2020;

(f)

attending a place of worship;

(g)

an elite athlete and is training or competing;

(h)

providing coaching or other support to an elite athlete, or providing support at a sporting event at which only elite athletes are competing;

(i)

participating in or facilitating an indoor organised activity at which—

(i)

no more than 15 people are in attendance, not including persons under the age of 11 or persons working, or providing voluntary services, at the event, and

(ii)

no alcohol is consumed;

(j)

participating in or facilitating an outdoor organised activity at which—

(i)

no more than 30 people are in attendance, not including persons under the age of 11 or persons working, or providing voluntary services, at the event, and

(ii)

no alcohol is consumed;

(k)

participating in or facilitating an organised activity 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).

(7)

This regulation does not apply to a person who is homeless.