Legislation – The Health Protection (Coronavirus Restrictions and Functions of Local Authorities) (Amendment) (Wales) Regulations 2020

Changes to legislation:

There are currently no known outstanding effects for The Health Protection (Coronavirus Restrictions and Functions of Local Authorities) (Amendment) (Wales) Regulations 2020.

Changes to Legislation

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(This note is not part of the Regulations)

These Regulations make amendments to the Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020 (S.I. 2020/1219 (W. 276)) (the “principal Regulations”) and the Health Protection (Coronavirus Restrictions) (Functions of Local Authorities etc.) (Wales) Regulations 2020 (S.I. 2020/1011 (W. 225)) (the “functions of local authorities Regulations”).

The amendments to the principal Regulations—

(a)
require, at new regulation 19A(1) of the principal Regulations, bars, cafes, canteens, restaurants and pubs to be closed to customers between 6.00 p.m. and 6.00 a.m. (though this restriction is subject to specific exceptions in new regulation 19B, including in relation to holiday or travel accommodation and for wedding or civil partnership receptions booked before these Regulations come into force);
(b)
prevent, at new regulation 19A(2), any alcohol being sold for consumption, or being consumed, in bars, cafes, canteens, restaurants and public houses (though this does not prevent alcohol being sold to residents in holiday or travel accommodation as part of room service (subject to requirements in regulation 20), or prevent residents from drinking alcohol in their private rooms);
(c)
require indoor premises of entertainment venues and visitor attractions to close;
(d)
make consequential, minor or technical amendments, including revoking redundant provisions and amending various enforcement provisions (including to provide that it is an offence to fail, without reasonable excuse, to take measures specified in a premises improvement notice issued under Schedule 3 to the principal Regulations).

The amendments to the functions of local authorities Regulations—

(a)
provide for the Regulations to expire on 19 February 2020 instead of 8 January 2020, to align with the expiry date of the principal Regulations;
(b)
require a local authority, when deciding whether to give an event direction, to have regard to whether the event may result in people gathering in contravention of regulation 6 of the principal Regulations and to whether there may be more than 15 people (where the event is indoors) or 30 people (where it is outdoors) attending the event at any one time;
(c)
put beyond doubt that, despite the expiry of the Health Protection (Coronavirus Restrictions) (No. 3) (Wales) Regulations 2020, penalty notices issued under those Regulations must be taken into account in determining the amount of a fixed penalty notice to be issued under regulation 19 of the functions of local authorities Regulations;
(d)
permit local authorities to bring proceedings for offences under the Regulations.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has not been prepared as to the likely cost and benefit of complying with these Regulations.