Legislation – The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020
PART 8Offences and penalties
CHAPTER 1Offences
Offences relating to gatherings and being away from home37.
(1)
A person who contravenes a requirement in—
commits an offence.
(2)
A person who participates in a gathering—
(a)
which takes place in a private dwelling,
(b)
which consists of more than 15 people, and
(c)
at which people are gathered in contravention of—
(i)
paragraph 1(1) of Schedule 1,
(ii)
paragraph 1(1) of Schedule 2,
(iii)
paragraph 1(1) of Schedule 3, or
(iv)
paragraph 2(1) of Schedule 4,
commits an offence.
Travel restriction offences38.
A person who contravenes a requirement in—
(d)
paragraph 6(1) of Schedule 4,
commits an offence.
Offences relating to organising events39.
(1)
A person who contravenes a requirement in—
(a)
paragraph 4 of Schedule 1,
(b)
paragraph 4 of Schedule 2,
(c)
paragraph 4 of Schedule 3, or
(d)
paragraph 4 of Schedule 4,
commits an offence.
(2)
A person who, without reasonable excuse, is involved in organising a large unlicensed music event commits an offence.
(3)
For the purposes of paragraph (2)—
(a)
“large unlicensed music event” means an event—
(i)
at which more than 30 people are in attendance,
(ii)
at which music is played or performed for the purpose, or for purposes which include the purpose, of entertainment, and
(iii)
where the playing or performance of the music is—
(aa)
(bb)
not carried on under and in accordance with an authorisation (within the meaning given by section 136(5) of that Act);
(b)
a person is not involved in organising a large unlicensed music event if the person’s only involvement is attending it.
Offences relating to isolation requirements and contact tracing40.
(1)
A person who—
commits an offence.
(2)
It is an offence for a person (“P”) to give false or misleading information to a contact tracer—
(b)
about—
(i)
P’s contact information, or
(ii)
persons with whom P may have had close contact,
where P knows the information is false or misleading, or P is reckless as to whether the information is false or misleading.
(3)
In paragraph (2), “close contact” has the same meaning as in Part 3.
Offence of failing to wear a face covering41.
Offences relating to businesses and services42.
(1)
A person who, without reasonable excuse, contravenes a requirement in—
commits an offence.
(2)
An operator of a public transport service who, without reasonable excuse, contravenes the requirement in regulation 19(5) commits an offence.
(3)
A person who, without reasonable excuse, fails to take the measures specified in a premises improvement notice issued under paragraph 1(1) of Schedule 8 within the time limit specified in the notice commits an offence.
(4)
A person who, without reasonable excuse, contravenes paragraph 3(1) of Schedule 8 commits an offence.
(5)
A person who—
(a)
contravenes paragraph 3(2) of Schedule 8, or
(b)
without reasonable excuse, removes, obscures or damages a notice or sign required to be displayed under paragraph 7(2)(a) of that Schedule,
commits an offence.
Obstruction and contravention of directions and compliance notices43.
(1)
A person who obstructs, without reasonable excuse, any person carrying out a function under these Regulations commits an offence.
(2)
A person who, without reasonable excuse—
(a)
contravenes a direction given—
(i)
by an enforcement officer under Part 7, or
(ii)
by the operator of a public transport service, an employee of the operator, or a person authorised by the operator, under regulation 32(2), or
(b)
fails to comply with a compliance notice given by an enforcement officer under regulation 27(1),
commits an offence.
Penalty44.
An offence under these Regulations is punishable on summary conviction by a fine.
Arrest without warrant45.
(a)
to maintain public health;
(b)
to maintain public order.
Offences committed by bodies corporate etc.46.
(1)
If an offence under these Regulations committed by a body corporate is proved—
(a)
to have been committed with the consent or connivance of an officer of the body, or
(b)
to be attributable to any neglect on the part of such an officer,
the officer (as well as the body corporate) is guilty of the offence and liable to be prosecuted and proceeded against and punished accordingly.
(2)
In paragraph (1), “officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body corporate.
(3)
Proceedings for an offence under these Regulations alleged to have been committed by a partnership may be brought in the name of the partnership instead of in the name of any of the partners.
(4)
Proceedings for an offence under these Regulations alleged to have been committed by an unincorporated body other than a partnership may be brought in the name of the body instead of in the name of any of its members and, for the purposes of any such proceedings, any rules of court relating to the service of documents have effect as if that body were a body corporate.
(5)
(6)
A fine imposed on a partnership on its conviction for an offence under these Regulations is to be paid out of the partnership assets.
(7)
A fine imposed on an unincorporated body other than a partnership on its conviction for an offence under these Regulations is to be paid out of the funds of the body.