Legislation – The Health Protection (Coronavirus Restrictions) (Functions of Local Authorities etc.) (Wales) Regulations 2020
PART 2Local authority directions in relation to premises, events and public places
CHAPTER 1Giving and revoking directions
Public place directions7.
(1)
A local authority may give a public place direction in respect of any public place in the authority’s area.
(2)
For the purposes of these Regulations, “public place” means an outdoor place to which the public have or are permitted access, whether on payment or otherwise, including—
(a)
land laid out as a public garden or used for the purpose of recreation by members of the public;
(b)
(c)
any highway to which the public has access.
(3)
But a public place does not include—
(a)
“access land” within the meaning given in regulation 14(7)(c);
(b)
a “public path” within the meaning given in regulation 14(7)(b).
(4)
A public place direction may impose prohibitions, requirements or restrictions in relation to access to the public place (including, in particular, prohibiting access at specified times).
(5)
A public place direction must describe the public place in sufficient detail to enable its boundaries to be determined.
(6)
Where a local authority gives a public place direction it must take such steps as are reasonably practicable to—
(a)
prevent or restrict public access to the public place to which the direction relates in accordance with the direction (including erecting and maintaining notices in prominent places informing the public of the direction);
(b)
give prior notice of the direction to persons carrying on a business from premises within the public place;
(c)
ensure that the direction is brought to the attention of any person who owns, occupies or is responsible for any premises in the public place.
(7)
Any person, other than a local authority, who owns, occupies or is responsible for premises in a public place to which a public place direction relates must take such steps as are reasonably practicable to prevent or restrict public access to the premises in accordance with the direction.
(8)
No person may, without reasonable excuse, enter or remain in a public place to which a public place direction relates in contravention of a prohibition, requirement or restriction imposed by the direction.
(9)
(10)
But a local authority may give a public place direction in respect of such a place if the authority has entered into an agreement under subsection (2) of section 73 with the appropriate authority (within the meaning given by that section) that—
(a)
section 45C of that Act, and
(b)
these Regulations,
apply to the property (subject to such terms as may be included in the agreement).