Legislation – The Health Protection (Coronavirus) (Wales) Regulations 2020
Imposition of further restrictions and requirements7.
(1)
In a case where Condition A or B (set out in regulation 4) is met in relation to a person (“P”)—
(a)
following an assessment, by the Welsh Ministers or a registered public health consultant, of risk presented by P in accordance with regulation 5(1), or
(b)
following P’s release from detention under regulation 5, or from isolation under regulation 8,
the Welsh Ministers or a registered public health consultant may (orally or in writing) impose on P any one or more of the requirements specified in paragraph (2) where the Welsh Ministers or a registered public health consultant considers that it is necessary and proportionate to do so in order to reduce or remove the risk of P infecting or contaminating others.
(2)
The requirements specified in this paragraph are for P to—
(a)
provide P’s contact details to a public health officer;
(b)
supply information to a public health officer which may assist in assessing P’s health;
(c)
at such time as a public health officer may specify, allow the officer or a medical officer, to take a biological sample of P, including a sample of P’s respiratory secretions or blood, by appropriate means including by swabbing P’s nasopharyngeal cavity, or provide such a sample;
(d)
comply with any other specified condition or to take any other specified measure.
(3)
The conditions or measures which may be specified under paragraph (2)(d) include—
(a)
a restriction on P’s travel;
(b)
a restriction on P’s activities;
(c)
a restriction on P’s contact with specified persons.
(4)
The period for which a restriction is imposed under paragraph (3) may not exceed 14 days beginning with the day on which the restriction is imposed.
(5)
The Welsh Ministers or a registered public health consultant may (orally or in writing)—
(a)
vary any requirement imposed under this regulation, and
(b)
impose on P any additional requirements specified in paragraph (2).
(6)
Before imposing or varying a requirement under this regulation, the Welsh Ministers or, as the case may be, registered public health consultant must—
(a)
inform P (or where P is a child, a person who is a responsible adult in relation to P) of the requirement or variation that the Welsh Ministers or a registered public health consultant is minded to impose or make, and
(b)
have regard to any relevant representations by P (or, where P is a child, a person who is a responsible adult in relation to P), as to its suitability.
(7)
Where a requirement under this regulation is imposed on or in relation to a child, or varied in relation to a child, a person who is a responsible adult in relation to the child must secure that the child complies with the requirement, insofar as that person is reasonably able to do so.
(8)
Where the Welsh Ministers or a registered public health consultant orally imposes a requirement on P under this regulation, or orally varies such a requirement, the Welsh Ministers or, as the case may be, registered public health consultant must provide P (or where P is a child, a person who is a responsible adult in relation to P) with a written notification of the requirement that has been imposed or varied.
(9)
Paragraph (1) does not affect the exercise of any powers by virtue of regulation 5(1)(c).