Legislation – The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020

New Search

Introduction

PART 1
Introduction

1 Title, application and coming into force

2 Interpretation

3 Revocation

4 Review

5 Expiry

PART 2
Closure of businesses and premises

6 Closure of indoor bars and restaurants etc.

7 Closure of other businesses and services

8 Closure of holiday accommodation

9 Businesses forming part of a larger business

10 Closure of crematoriums and community centres

11 Closure of certain public paths and access land

PART 3
Minimising risk of exposure to coronavirus at open premises and while working

12 Reasonable measures to minimise risk of exposure to coronavirus

13 Guidance on minimising exposure

PART 4
Gathering with other people

14 Restrictions on gatherings

15 Exception for organised outdoor activities

16 Requirement to continue to work from home where practicable

PART 5
Enforcement

17 Enforcement officers

18 Enforcement actions

19 Power of entry

20 Offences and penalties

21 Fixed penalty notices

22 Prosecutions

SCHEDULES

SCHEDULE 1 Premises selling food and drink for consumption on the premises

SCHEDULE 2 Businesses and services required to be closed

SCHEDULE 3 Holiday accommodation

SCHEDULE 4 Businesses and services which may open subject to protective measures

Signature

Explanatory note

PART 5Enforcement

Offences and penalties20.

(1)

A person who—

(a)

without reasonable excuse, contravenes a requirement in regulation 6(1), 7(1), 8(1), 10(1) or (4), 11(4), 12(2) or 16(1), or

(b)

contravenes a requirement in regulation 14(1),

commits an offence.

(2)

A person who obstructs, without reasonable excuse, any person carrying out a function under these Regulations commits an offence.

(3)

A person who, without reasonable excuse—

(a)

contravenes a direction given by an enforcement officer under regulation 18(4), 18(5)(a) or 18(6), or

(b)

fails to comply with a compliance notice given by an enforcement officer under regulation 18(1),

commits an offence.

(4)

An offence under these Regulations is punishable on summary conviction by a fine.

(5)

Section 24 of the Police and Criminal Evidence Act 198427 applies in relation to an offence under this regulation as if the reasons in subsection (5) included—

(a)

to maintain public health;

(b)

to maintain public order.

(6)

If an offence under paragraph (1) 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.

(7)

In paragraph (6), “officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body corporate.

(8)

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.

(9)

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.

(10)

Section 33 of the Criminal Justice Act 192528 and Schedule 3 to the Magistrates’ Courts Act 198029 apply in proceedings for an offence brought against a partnership or an unincorporated association other than a partnership as they apply in relation to a body corporate.

(11)

A fine imposed on a partnership on its conviction for an offence under these Regulations is to be paid out of the partnership assets.

(12)

A fine imposed on an unincorporated association other than a partnership on its conviction for an offence under these Regulations is to be paid out of the funds of the association.