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

New Search

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

9A Requirement to isolate after close contact with person with Omicron variant: child

10 Isolation requirements: general exceptions

10A Transitional provision: isolation requirements

10B Transitional provision: isolation requirements

10C Transitional provision: isolation requirements

10D Transitional provision: isolation requirements

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

13A Withdrawing a notification that close contact was with person with Omicron variant

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 …

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

16ZA Specific measures applicable to licensed premises

16ZB Specific measures applicable to retail premises

16A Specific measures applicable to specified hospitality and entertainment venues and premises at which specified events are held

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 4B
Requirement to work from home where practicable

18B Requirement to work from home where practicable

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

30A Powers relating to offence of possessing false or misleading evidence relating to vaccination or coronavirus test results

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

40A Offence of possessing false or misleading evidence relating to vaccination or coronavirus test results

41 Offence of failing to wear a face covering

42 Offences relating to businesses and services

42A Offence of failing to work from home where reasonably practicable to do so

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 …

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, SCHEDULE 1. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

SCHEDULE 1Alert Level 1 Restrictions

Regulation 4(2)

PART 1Restrictions on gathering

Restriction on gatherings in private dwellings

F11.

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

Restriction on gatherings in public places

2.

F2(1)

No person may, without a reasonable excuse, participate in a gathering which takes place indoors other than in a private dwelling F3… which consists of more than 6 people unless all the persons participating in the gathering are members of the same household.

F4(1A)

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

F5(1B)

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

(2)

In determining, for the purposes of F6sub-paragraph (1), the number of persons participating in a gathering no account is to be taken of—

F7(a)

any children under the age of 11, as long as the persons participating in the gathering (including any children under the age of 11) are from no more than 6 households, or

(b)

the carer of a person who is participating in the gathering.

(3)

For the purposes of sub-paragraph (1), a person has a reasonable excuse if—

(a)

the person is participating in the gathering for a purpose that is reasonably necessary and there is no reasonably practicable alternative, or

(b)

one of the circumstances in sub-paragraph (5) applies.

(4)

Examples of purposes for which it may be reasonably necessary for a person to participate in a gathering include—

(a)

obtaining or providing medical assistance, or accessing veterinary services;

(b)

working or providing voluntary or charitable services;

(c)

meeting a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings;

(d)

providing, receiving or accessing care or assistance, including childcare or relevant personal care within the meaning of paragraph 7(3B) of Schedule 4 to the Safeguarding of Vulnerable Groups Act 2006, where the person receiving the care is a vulnerable person;

(e)

in relation to children who do not live in the same household as their parents, or one of their parents, continuing existing arrangements for access to, and contact between, parents and children, and for the purposes of this 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;

(f)

moving home;

(g)

undertaking activities in connection with the purchase, sale, letting, or rental of residential property;

(h)

accessing or receiving public services;

(i)

accessing or receiving educational services.

(5)

The circumstances referred to in sub-paragraph (3)(b) are that the person is—

(a)

providing or receiving emergency assistance;

(b)

avoiding illness, injury or other risk of harm;

(c)

attending a solemnisation of a marriage, formation of a civil partnership or an alternative wedding ceremony—

(i)

as a party to the marriage, civil partnership or alternative wedding,

(ii)

if invited to attend, or

(iii)

as the carer of a person attending;

(d)

attending a funeral—

(i)

as a person responsible for arranging the funeral,

(ii)

if invited by a person responsible for arranging the funeral, or

(iii)

as the carer of a person attending;

F8(e)

participating in an indoor gathering F9at regulated premises to—

(i)

celebrate a solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony that took place on or after 26 March 2020;

(ii)

celebrate the life of a deceased person whose funeral is held on or after 26 March 2020;

(f)

attending a place of worship;

(g)

an elite athlete and is training or competing;

(h)

providing coaching or other support to an elite athlete, or providing support at an elite sporting event;

F10(i)

participating in, attending or facilitating a regulated gathering or event that takes place to any extent indoors F11…;

F12(j)

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

F13(k)

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

F14(ka)

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

(l)

attending or facilitating an event authorised by the Welsh Ministers in accordance with paragraph 5.

F15(5A)

For the purposes of this paragraph, a gathering in holiday or travel accommodation is to be treated as if it were a gathering in a private dwelling.

F16(6)

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

Extended households

F173.

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

PART 2Restrictions on organising events

Prohibition on organising events

4.

F18(1)

No person may, without a reasonable excuse, be involved in organising an event unless—

(a)

the event is regulated (see regulation 57(7)), F19and

F20(b)

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

(c)

F21where the event is held to any extent indoors, no more than the permitted number of people attend at any time.

(1A)

The permitted number of people is—

(a)

where every person attending is normally seated during the event, F221000;

(b)

otherwise, F23200.

(1B)

For the purposes of this paragraph, a person working, or providing voluntary services, in relation to the holding of an event is not to be treated as attending the event.

F24(2)

Sub-paragraph (1) does not apply to a person involved in organising—

(a)

an event held at a private dwelling at which people do not participate in a gathering in contravention of F25regulation 37(2);

(b)

an event authorised by the Welsh Ministers under paragraph 5;

(c)

a solemnisation of a marriage, formation of a civil partnership or an alternative wedding ceremony;

(d)

a funeral;

(e)

an indoor gathering F26at regulated premises F27 to—

(i)

celebrate a solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony that took place on or after 26 March 2020;

(ii)

celebrate the life of a deceased person whose funeral is held on or after 26 March 2020;

F28(f)

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

(g)

a regulated gatheringF29… for the development or well-being of children (including sports, music and other recreational activities such as those provided for children outside of school hours and during school holidays).

F30(ga)

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

F31(h)

an event that is held to any extent indoors at regulated premises F32… and at which—

(i)

no more than 6 people are in attendance, or

(ii)

all of the people in attendance are members of the same household F33…;

F34(i)

an event that is held outdoors at which no more than 50 people are in attendance;

F35(ia)

an event that is any of the following, where it is held in premises ordinarily used for that purpose—

(i)

the showing of a film,

(ii)

an entertainment performance where no more than 200 people are in attendance or where it is held outdoors,

(iii)

a market, or

(iv)

a religious service;

(ib)

an elite sporting event at which the only people present are elite athletes and persons working or providing voluntary services for the event;

F36(j)

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

F36(k)

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

F37(2A)

In determining, for the purposes of sub-paragraph (2), the number of persons in attendance at an event, no account is to be taken of—

(a)

any children under the age of 11,

(b)

the carer of any person in attendance, or

(c)

any person working, or providing voluntary services, at the event.

(3)

For the purposes of sub-paragraph (1)—

(a)

a person is not involved in organising an event if the person’s only involvement is attending it;

(b)

a reasonable excuse includes where the person has taken all reasonable measures to ensure that no more than F38the permitted number of people are present at the event at any time;

F39(c)

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

F39(d)

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

Authorised events

5.

F40(1)

The Welsh Ministers may give authorisation in writing for an event to be held.

F41(2)

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

(3)

An authorisation may be given under sub-paragraph (1) in relation to a particular event or a particular description of events.

(4)

An authorisation under sub-paragraph (1)—

(a)

must be given to a person the Welsh Ministers consider is responsible for organising the event, and

(b)

may require the event to be held in accordance with any requirements, restrictions or other conditions as may be specified by the Welsh Ministers.

F42(4A)

A requirement, restriction or other condition specified by the Welsh Ministers in an authorisation given under sub-paragraph (1) may modify F43regulation 16 F44, 16ZA or 16ZB (requirement to take all reasonable measures to minimise exposure to coronavirus) for a specified period in so far as it applies to the premises at which the event is held.

(5)

The Welsh Ministers must publish—

(a)

an authorisation given under sub-paragraph (1), and

(b)

details of any requirements, restrictions or other conditions specified by the Welsh Ministers in relation to an event to be held under the authorisation.

(6)

The Welsh Ministers may withdraw an authorisation at any time by giving notice in writing to the person to whom the authorisation was given.

(7)

An authorisation may be withdrawn under sub-paragraph (6) only if the Welsh Ministers —

(a)

have reasonable grounds to believe that the event will not be held, or is not being held, in accordance with a requirement, restriction or other condition specified by them, or

(b)

consider that it is necessary and proportionate to withdraw the authorisation for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection by coronavirus.

Restriction on travel to and from Alert Level 1 area

F456.

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

PART 4Restrictions on certain businesses and services

Closure of premises used by certain businesses and services

7.

(1)

A person responsible for carrying on or providing a business or service listed in paragraph 9 F46… must—

(a)

close to members of the public any premises operated as part of the business or service, and

(b)

not carry on the business or service at such premises otherwise than in accordance with this regulation.

(2)

Sub-paragraph (1) does not prevent—

(a)

carrying out maintenance and repairs or other work to ensure premises are suitable for use when sub-paragraph (1) no longer applies to the premises;

(b)

the use of premises for any purpose as may be requested or authorised by the Welsh Ministers or a local authority;

(c)

the use of premises to broadcast without an audience present at the premises (whether over the internet or as part of a radio or television broadcast) or to rehearse F47… ;

(d)

the use of premises for the provision of services or information (including the sale, hire or delivery of goods or services)—

(i)

through a website, or otherwise by on-line communication,

(ii)

by telephone, including by text message, or

(iii)

by post.

(3)

Where—

(a)

a person responsible for carrying on a business (“business A”) is required by virtue of this paragraph to cease carrying on business A at premises, and

(b)

business A forms part of a larger business (“business B”),

the requirement in this paragraph is complied with if the person responsible for carrying on business B ceases to carry on business A at the premises.

Restrictions on licensed premises

F488.

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

Businesses or services whose premises must be closed

9.

Nightclubs, discotheques, dance halls or other venues authorised for the sale or supply of alcohol where live or recorded music is provided for members of the public or members of the venue to dance.

Annotations:
Commencement Information

I5Sch. 1 para. 9 in force at 20.12.2020, see reg. 1(3)

F4910.

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

F5011.

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