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

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Introduction

PART 1
Introduction, review and expiry

1 Title, application and coming into force

2 Review

3 Expiry

PART 2
Levels of restrictions on gathering, travelling, and on use of premises of businesses and services

4 Levels of restrictions

PART 3
Requirement to isolate etc.

CHAPTER 1 Requirement to isolate etc. where person tests positive for coronavirus or has close contact with such person

5 Interpretation of Part

6 Requirement to isolate: adult with coronavirus

7 Requirement to isolate: child with coronavirus

8 Requirement to isolate after close contact: adult

9 Requirement to isolate after close contact: child

10 Isolation requirements: general exceptions

11 Isolation requirements: exception for participants in a testing scheme

11A Requirement to isolate: specific provision for people who are in Wales on 22 January 2021 and who have been in the Democratic Republic of the Congo or the United Republic of Tanzania in the previous 10 days

11AA Requirement to isolate: specific provision for people who are in Wales on 29 January 2021 and who have been in certain countries in the previous 10 days

11B Isolation requirements: specific exception for people who have been in certain countries

12 Requirement on persons with responsibility for children

13 Withdrawing a notice which requires isolation

CHAPTER 2 Information

14 Power to use and disclose information

PART 3A
Travel restrictions etc.

14A Restriction on international travel

14B International travel declaration form

PART 4
Taking preventative measures in regulated premises

15 Regulated premises and responsible persons

16 Requirement to take all reasonable measures to minimise the risk of exposure to coronavirus

17 Specific measures applicable to licensed premises

17A Specific measures applicable to retail premises

18 Guidance about taking reasonable measures

PART 4A
Taking preventative measures when election campaigning

18A Requirement to take all reasonable measures to minimise the risk of exposure to coronavirus when election campaigning

PART 5
Face coverings

19 Requirement to wear face covering on public transport

20 Requirement to wear face covering in certain indoor public places

21 Guidance about requirements to wear face coverings

PART 6
Provision of education in school

22 Provision of education in school to certain pupils when school premises are closed

23 Failure to comply with regulation 22

24 Interpretation of this Part

PART 7
Enforcement

25 Enforcement officers

26 Enforcement of requirement to take preventative measures

27 Compliance notices

28 Powers of removal and dispersal: gatherings and being away from home

29 Powers relating to travel restrictions

30 Powers relating to contravention of isolation requirement

31 Powers relating to events

32 Enforcement of face covering requirements

33 Enforcement: children

34 Power of entry

35 Power of police to conduct road checks

36 Enforcement: supplemental provision

PART 8
Offences and penalties

CHAPTER 1 Offences

37 Offences relating to gatherings and being away from home

38 Travel restriction offences

39 Offences relating to organising events

40 Offences relating to isolation requirements and contact tracing

41 Offence of failing to wear a face covering

42 Offences relating to businesses and services

43 Obstruction and contravention of directions and compliance notices

44 Penalty

45 Arrest without warrant

46 Offences committed by bodies corporate etc.

CHAPTER 2 Fixed penalties

47 Fixed penalty notices

48 Amount of fixed penalty: general

49 Amount of fixed penalty: participating in a large gathering at a private dwelling

49A Amount of fixed penalty: international travel requirements

50 Amount of fixed penalty: organising an event

51 Amount of fixed penalty: organising an unlicensed music event

52 Amount of fixed penalty: business-related offences

53 Fixed penalties: form and procedure

54 Fixed penalty notices: prohibition of double jeopardy

CHAPTER 3 Proceedings

55 Self-incrimination

56 Prosecutions

PART 9
General

57 Interpretation

58 Revocation

59 Consequential amendment

SCHEDULES

SCHEDULE 1 Alert Level 1 Restrictions

SCHEDULE 2 Alert Level 2 Restrictions

SCHEDULE 3 Alert Level 3 Restrictions

SCHEDULE 3A Temporary Alert Level 3 Restrictions

SCHEDULE 4 Alert Level 4 Restrictions

SCHEDULE 5 Areas and temporary modifications

SCHEDULE 5A Persons exempt from the restrictions on leaving the United Kingdom, and the requirement to have a travel declaration form

SCHEDULE 6 Temporary modifications for Christmas: extended households and travel

SCHEDULE 7 Regulated premises

SCHEDULE 8 Enforcement of requirement to take preventative measures on regulated premises

SCHEDULE 9 Form of sign to accompany premises improvement notice or premises closure notice

Signature

Explanatory note

Changes to legislation:

There are currently no known outstanding effects for The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020, CHAPTER 1. Help about Changes to Legislation

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PART 3Requirement to isolate etc.

CHAPTER 1Requirement to isolate etc. where person tests positive for coronavirus or has close contact with such person

Interpretation of Part5.

(1)

In this Part, “close contact” means contact that a contact tracer considers may lead to a risk of infection or contamination with coronavirus, including—

(a)

having face-to-face contact with a person at a distance of less than 1 metre;

(b)

spending more than 15 minutes within 2 metres of a person;

(c)

travelling in a car or other small vehicle with a person or in close proximity to a person on an aeroplane or in the same carriage of a train.

(2)

In regulations 6 and 8, references to an “adult” (“A”) include references to a child aged 16 or 17.

(3)

For the purposes of this Part, a person has responsibility for a child if the person has—

(a)

custody or charge of the child for the time being, or

(b)

parental responsibility for the child.

(4)

For the purposes of these Regulations, notification by means of the NHS Covid 19 smartphone app developed and operated by the Secretary of State is not a notification.

Annotations:
Commencement Information

I1Reg. 5 in force at 20.12.2020, see reg. 1(3)

Requirement to isolate: adult with coronavirus6.

(1)

This regulation applies where an adult (“A”) is notified by a contact tracer that A has tested positive for coronavirus.

(2)

A may not leave or be outside the place where A is living before the end of the last day of A’s isolation unless regulation 10 or 11 applies.

(3)

If requested by a contact tracer, A must notify the contact tracer—

(a)

of the name of each person living at the place A is living, and

(b)

of the address of that place.

(4)

The last day of A’s isolation is the last day of the period of 10 days beginning with the day after the day of the test which led to the notification referred to in paragraph (1) being given.

(5)

But where A reports to a contact tracer the day on which symptoms first developed, the last day of A’s isolation is the last day of the period of 10 days beginning with the day after the day which A reports as being the day on which the symptoms first developed.

Annotations:
Commencement Information

I2Reg. 6 in force at 20.12.2020, see reg. 1(3)

Requirement to isolate: child with coronavirus7.

(1)

This regulation applies where an adult (“A”) is notified by a contact tracer that a child (“C”) for whom A is a responsible adult has tested positive for coronavirus.

(2)

C may not leave or be outside the place where C is living before the end of the last day of C’s isolation unless regulation 10 or 11 applies.

(3)

If requested by a contact tracer, A must notify the contact tracer—

(a)

of the name of each person living at the place where C is living, and

(b)

of the address of that place.

(4)

The last day of C’s isolation is the last day of the period of 10 days beginning with the day after the day of the test which led to the notification referred to in paragraph (1) being given.

(5)

But in a case where A reports to a contact tracer the day on which C’s symptoms first developed, the last day of C’s isolation is the last day of the period of 10 days beginning with the day after the day which A reports as being the day on which C’s symptoms first developed.

Annotations:
Commencement Information

I3Reg. 7 in force at 20.12.2020, see reg. 1(3)

Requirement to isolate after close contact: adult8.

(1)

This regulation applies where an adult (“A”) is notified by a contact tracer that A has had close contact with a person (“P”) who has tested positive for coronavirus.

(2)

A may not leave or be outside the place where A is living before the end of the last day of A’s isolation unless regulation 10 or 11 applies.

(3)

If requested by a contact tracer, A must notify the contact tracer of the address of the place where A is living.

(4)

The last day of A’s isolation is the last day of the period of 10 days beginning with the day after the day which a contact tracer records as being the last day on which A had close contact with P before A received the notification referred to in paragraph (1).

(5)

But where A is living in the same place as P, the last day of A’s isolation is—

(a)

where P, or, where P is a child, a responsible adult (“R”) on P’s behalf, reports to a contact tracer the day on which P’s symptoms first developed, the last day of the period of 10 days beginning with the day after the day on which P, or R, reports as being the day on which P’s symptoms first developed;

(b)

where no symptoms are reported, the last day of the period of 10 days beginning with the day after the day of the test which led to the notification being given to P, or R, that P had tested positive for coronavirus.

Annotations:
Commencement Information

I4Reg. 8 in force at 20.12.2020, see reg. 1(3)

Requirement to isolate after close contact: child9.

(1)

This regulation applies where an adult (“A”) is notified by a contact tracer that a child (“C”) for whom A is responsible has had close contact with a person (“P”) who has tested positive for coronavirus.

(2)

C may not leave or be outside the place where C is living before the end of the last day of C’s isolation unless regulation 10 or 11 applies.

(3)

If requested by a contact tracer, A must notify the contact tracer of the address of the place where C is living.

(4)

The last day of C’s isolation is the last day of the period of 10 days beginning with the day after the day which a contact tracer records as being the last day on which C had close contact with P before A received the notification referred to in paragraph (1).

(5)

But where C is living in the same place as P, the last day of C’s isolation is—

(a)

where P, or, where P is a child, a responsible adult (“R”) on P’s behalf, reports to a contact tracer the day on which P’s symptoms first developed, the last day of the period of 10 days beginning with the day after the day on which P, or R, reports as being the day on which P’s symptoms first developed, or

(b)

where no symptoms are reported, the last day of the period of 10 days beginning with the day after the day of the test which led to the notification being given to P, or R, that P had tested positive for coronavirus.

Annotations:
Commencement Information

I5Reg. 9 in force at 20.12.2020, see reg. 1(3)

Isolation requirements: general exceptions10.

(1)

Paragraph (2) applies where a person is required to not leave or be outside of the place where the person is living by virtue of regulation 6(2), 7(2), 8(2) or 9(2).

(2)

The person may leave and be outside the place where the person is living for as long as is necessary—

(a)

to seek medical assistance, where this is required urgently or on the advice of a registered medical practitioner;

(b)

to access veterinary services where—

(i)

they are urgently required, and

(ii)

it is not possible for another person at the place that the person is living to access those services;

(c)

to fulfil a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings, where it is not possible or practicable to do so without leaving the place where the person is living;

(d)

to avoid illness, injury or other risk of harm;

(e)

for compassionate reasons, including to attend the funeral of—

(i)

a family member;

(ii)

a close friend;

(f)

to obtain basic necessities (including for other persons at the place where the person is living or any pets at that place) where it is not possible or practicable—

(i)

for another person at the place where the person is living to obtain them, or

(ii)

to obtain them by delivery to that place from a third party;

(g)

to access public services (including social services or victims’ services) where—

(i)

access to the service is critical to the person’s well-being, and

(ii)

the service cannot be provided if the person remains at the place where the person is living;

(h)

to move to a different place to live where it becomes impracticable to remain at the place where the person is living;

(i)

where the person is a child who does not live in the same household as the child’s parents, or one of the child’s parents, to continue existing arrangements for access to, and contact between, the child and the child’s parents, and for the purposes of this sub-paragraph, “parent” includes a person who is not a parent of the child, but who has parental responsibility for, or who has care of, the child.

(3)

Regulations 6(2), 7(2), 8(2) and 9(2) do not apply to a person who is homeless.

(4)

Regulation 6(2) does not apply to a person who—

(a)

has tested positive for coronavirus in the course of a research study (the “prior test”), and

(b)

tests positive for coronavirus in the course of the same study within the period of 90 days beginning with the date of the prior test.

Annotations:
Commencement Information

I6Reg. 10 in force at 20.12.2020, see reg. 1(3)

Isolation requirements: exception for participants in a testing scheme11.

(1)

This regulation applies where—

(a)

a person (“P”) is required to not leave or be outside of the place where P is living by virtue of regulation 8(2) or 9(2) (“the isolation requirement”), and

(b)

P agrees to participate in a testing scheme.

(2)

If P’s first test under the testing scheme is negative for coronavirus, the isolation requirement ceases to apply to P from the time P receives the result of the test, subject to paragraphs (3) and (4).

(3)

If the result of a test taken by P under the testing scheme is positive for coronavirus, the isolation requirement applies to P from the time P receives the result of the test as if it had not ceased to apply by virtue of paragraph (2).

(4)

Despite paragraph (2) the isolation requirement applies to P on—

(a)

non-test days;

(b)

any day on which P is required to take a test under the scheme but fails to do so.

(5)

If P’s last test under the testing scheme is negative for coronavirus, the isolation requirement ceases to apply to P from the earlier of—

(a)

the time P receives the result of the test, or

(b)

P’s last day of isolation calculated in accordance with regulation 8 or 9 as the case may be.

(6)

Where P is a child—

(a)

a person with responsibility for P must agree on P’s behalf that P is to participate in a testing scheme;

(b)

the references in paragraphs (2) and (5)(a) to P receiving the result of a test include references to a person with responsibility for P receiving the result.

(7)

In this regulation—

(a)

testing scheme” means a scheme designated by the Welsh Ministers under which P is required to take a number of tests for coronavirus specified in the scheme, on dates and in a manner so specified;

(b)

non-test day” means a day between the day on which P takes the first and last test under the scheme on which P is not required to take a test under the scheme.

Annotations:
Commencement Information

I7Reg. 11 in force at 20.12.2020, see reg. 1(3)

Requirement to isolate: specific provision for people who are in Wales on 22 January 2021 and who have been in the Democratic Republic of the Congo or the United Republic of Tanzania in the previous 10 daysF111A.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirement to isolate: specific provision for people who are in Wales on 29 January 2021 and who have been in certain countries in the previous 10 daysF211AA.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Isolation requirements: specific exception for people who have been in certain countriesF311B.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirement on persons with responsibility for children12.

Where a requirement is imposed under regulation 7(2) F4or 9(2) on a child, a person with responsibility for the child must take all reasonable measures to ensure that the child complies with the requirement.

Withdrawing a notice which requires isolation13.

(1)

This regulation applies where a contact tracer—

(a)

has given a notification under regulation 6(1), 7(1), 8(1) or 9(1) (“the original notification”), but

(b)

subsequently notifies the recipient of the original notification that it is withdrawn.

(2)

The original notification is treated as if it had not been given.

Annotations:
Commencement Information

I9Reg. 13 in force at 20.12.2020, see reg. 1(3)