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

PART 1
Introduction, review and expiry

1 Title, application and coming into force

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

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 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

18 Guidance about taking reasonable measures

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

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

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

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

59 Consequential amendment

SCHEDULES

SCHEDULE 1 Alert Level 1 Restrictions

SCHEDULE 2 Alert Level 2 Restrictions

SCHEDULE 3 Alert Level 3 Restrictions

SCHEDULE 4 Alert Level 4 Restrictions

SCHEDULE 5 Areas

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

Explanatory note

Which version?
Latest available (Revised)
Original (As enacted)

PART 7Enforcement

Enforcement officers25.

(1)

For the purposes of regulation 26 and Schedule 8, an “enforcement officer” means a person designated by a local authority —

(a)

for the purposes of these Regulations,

(b)

under regulation 17(A1) of the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 20208,

(c)

under regulation 21(1) of the Health Protection (Coronavirus Restrictions) (No. 3) (Wales) Regulations 2020, or

(d)

under regulation 25(1) of the Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020.

(2)

For the purposes of regulations 19, 20, 27 to 34, 36 and 47, an “enforcement officer” means—

(a)

a constable,

(b)

a police community support officer,

(c)

a person designated by—

(i)

the Welsh Ministers, or

(ii)

a local authority,

for the purposes of these Regulations (but see paragraph (3)), or

(d)

a person designated by the Welsh Ministers or a local authority under—

(i)

regulation 10(11)(c) of the Health Protection (Coronavirus Restrictions) (Wales) Regulations 20209 as a relevant person (within the meaning given by that regulation),

(ii)

regulation 17(1) of the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020 for the purposes of those Regulations,

(iii)

regulation 21(2) of the Health Protection (Coronavirus Restrictions) (No. 3) (Wales) Regulations 2020 for the purposes of those Regulations, or

(iv)

under regulation 25(2) of the Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020,

(but see paragraph (3)).

(3)

A person designated by a local authority may exercise an enforcement officer’s functions only—

(a)

in relation to a contravention (or alleged contravention) of a requirement in—

(i)

regulation 16(1) or 17(1),

(ii)

paragraph 7(1) or 8(1) or (2) of Schedule 1,

(iii)

paragraph 7(1) or 8(1) or (2) of Schedule 2,

(iv)

paragraph 7(1), 8(1) or (2) or 10(1) of Schedule 3, or

(v)

paragraph 7(1), 8(1), 9(1) or 10(1) of Schedule 4, or

(b)

under and by virtue of Schedule 8.