Legislation – The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020

During the period beginning with 22 December 2020 and ending with 28 December 2020 these Regulations apply subject to the modifications in this Schedule.

Definition of “Christmas period”

2.

In regulation 57(1) after paragraph (d) insert—

“(da)

“Christmas period” means the period beginning with 23 December 2020 and ending with 27 December 2020 (but see paragraph 3A of Schedule 3 and paragraph 3A of Schedule 4).”

Extended households during Christmas period

3. (1)

Schedule 3 is modified as follows.

(2)

For paragraph 3 substitute—

“Christmas: extended household3.

(1)

A household may agree to be treated as an extended household with another household during the Christmas period.

(2)

In addition to the 2 households who have agreed to be treated as an extended household under sub-paragraph (1), 1 single adult household may also agree to be treated as part of that extended household.

(3)

To agree to be treated as an extended household, all of the adult members of the households must agree (but see sub-paragraph (4)).

(4)

An adult member of a household (an “original household”) may agree to be treated as being part of an extended household that another adult member of the original household has not agreed to be part of.

(5)

Where sub-paragraph (4) applies—

(a)

the original household is to be treated for the purposes of this paragraph and paragraphs 1, 2 and 3A as 2 (or more) separate households,

(b)

the adult members of the original household must determine which of those separate households includes any member of the original household who is—

(i)

a child, or

(ii)

an adult for whom another adult in the household has caring responsibilities, and

(c)

the adult members of the original household are to revert be treated as a single household when they are no longer part of an extended household.

(6)

A household may only agree to be treated as being in 1 extended household.

(7)

A household ceases to be treated as being in an extended household if any adult member of the household ceases to agree to be treated as being in the extended household.

(8)

If a household ceases to be treated as being in an extended household, the household may not agree to be treated as being in an extended household with any other household.

(9)

In this Schedule, references to an extended household are references to an extended household formed under or by virtue of this paragraph.

Modification of “Christmas period”: households living in Northern Ireland3A.

(1)

This paragraph applies where a household which forms part of an extended household is a household living in Northern Ireland.

(2)

The reference in paragraph 3(1) to the “Christmas period” is to be read as a reference to the period beginning with 22 December 2020 and ending with 28 December 2020.”

4. (1)

Schedule 4 is modified as follows.

(2)

For paragraph 3 (extended households) substitute—

“Christmas: extended household3.

(1)

A household may agree to be treated as an extended household with another household during the Christmas period.

(2)

In addition to the 2 households who have agreed to be treated as an extended household under sub-paragraph (1), 1 single adult household may also agree to be treated as part of that extended household.

(3)

To agree to be treated as an extended household, all of the adult members of the households must agree (but see sub-paragraph (4)).

(4)

An adult member of a household (an “original household”) may agree to be treated as being part of an extended household that another adult member of the original household has not agreed to be part of.

(5)

Where sub-paragraph (4) applies—

(a)

the original household is to be treated for the purposes of this paragraph and paragraphs 1, 2 and 3A as 2 (or more) separate households,

(b)

the adult members of the original household must determine which of those separate households includes any member of the original household who is—

(i)

a child, or

(ii)

an adult for whom another adult in the household has caring responsibilities, and

(c)

the adult members of the original household are to revert be treated as a single household when they are no longer part of an extended household.

(6)

A household may only agree to be treated as being in 1 extended household.

(7)

A household ceases to be treated as being in an extended household if any adult member of the household ceases to agree to be treated as being in the extended household.

(8)

If a household ceases to be treated as being in an extended household, the household may not agree to be treated as being in an extended household with any other household.

(9)

In this Schedule, references to an extended household are references to an extended household formed under or by virtue of this paragraph.

Modification of “Christmas period”: households living in Northern Ireland3A.

(1)

This paragraph applies where a household which forms part of an extended household is a household living in Northern Ireland.

(2)

The reference in paragraph 3(1) to the “Christmas period” is to be read as a reference to the period beginning with 22 December 2020 and ending with 28 December 2020.”

(3)

In paragraph 7—

(a)

in sub-paragraph (2)(b), omit “(where the hotel or other accommodation continues to operate in accordance with the exceptions allowed by paragraph 8)”;

(b)

after sub-paragraph (4) insert—

“(5)

Sub-paragraphs (6) and (7) apply where premises of a food and drink business (“the restricted premises”) form part of the premises of holiday or travel accommodation.

(6)

Sub-paragraph (1) does not—

(a)

require the restricted premises to be closed to the residents of the holiday or travel accommodation;

(b)

prevent the sale of food or drink to residents—

(i)

as part of room service (but see paragraph 11(3)), or

(ii)

between 6.00 a.m. and 10.00 p.m. in any part of the premises of the holiday or travel accommodation.”

(4)

For paragraph 8 substitute—

“Hotels and travel accommodation: requirements relating to residents8.

(1)

A person responsible for carrying on a business which is listed in paragraph 15 to 18 (holiday or travel accommodation) must, by the end of the day on 27 December 2020—

(a)

close to members of the public any premises operated as part of the business, and

(b)

not carry on business at such premises otherwise than in accordance with this paragraph.

(2)

Sub-paragraph (1) does not prevent—

(a)

carrying out maintenance and repairs or other work to ensure premises are suitable for use when sub-paragraph (1) no longer applies to the premises;

(b)

the use of premises for any purpose as may be requested or authorised by the Welsh Ministers or a local authority;

(c)

the provision of accommodation for any persons staying in that accommodation when these Regulations come into force and who—

(i)

are unable to return to their main residence, or

(ii)

are using the accommodation as their main residence;

(d)

the provision of accommodation for any persons staying in that accommodation who are travelling to Northern Ireland on 28 December 2020;

(e)

the use of premises to carry on the business by providing information or other services—

(i)

through a website, or otherwise by on-line communication,

(ii)

by telephone, including enquiries by text message, or

(iii)

by post.

(3)

Where—

(a)

a person responsible for carrying on a business (“business A”) is required by virtue of this paragraph to cease carrying on business A at premises, and

(b)

business A forms part of a larger business (“business B”),

the requirement in this paragraph is complied with if the person responsible for carrying on business B ceases to carry on business A at the premises.”

Transitional provision about extended households

5. (1)

This paragraph applies where a household—

(a)

is part of an extended household during the Christmas period by virtue of the modifications made in paragraph 3 or 4 of this Schedule (a “Christmas extended household”), and

(b)

immediately before the Christmas period, was part of an extended household formed under or by virtue of paragraph 3 of Schedule 3 (a “pre-Christmas extended household”) as it applies without the modifications made in paragraph 3.

(2)

For the purposes of these Regulations as modified by this Schedule—

(a)

the pre-Christmas extended household is to be treated as if it no longer exists, and

(b)

the household is to be treated as if it had not agreed to be treated as an extended household prior to agreeing to form part of the Christmas extended household.

(3)

Immediately upon the end of the Christmas period, the household is to be treated, for the purposes of these Regulations, as if it had made no previous agreement to be treated as part of an extended household.

(4)

In this paragraph “Christmas period” in relation to a household means—

(a)

the period beginning with 23 December 2020 and ending with 27 December 2020, or

(b)

where the household—

(i)

is living in Northern Ireland, or

(ii)

is part of a Christmas extended household with a household living in Northern Ireland,

the period beginning with 22 December 2020 and ending with 28 December 2020.