Legislation – The Health Protection (Coronavirus) (Wales) Regulations 2020

Detention or isolation: additional provisions9.

(1)

Where P is detained or kept in isolation under regulation 5 or 8 or subjected to restrictions or requirements under regulation 7, the Welsh Ministers must have due regard to P’s well-being.

(2)

Where P is detained or kept in isolation under regulation 5 or 8 or subjected to restrictions or requirements under regulation 7 for a period exceeding 14 days, the Welsh Ministers must review the continuation of P’s detention as soon as reasonably practicable by reference to the provisions of those regulations.

(3)

After each subsequent interval of 24 hours during which P is detained or kept in isolation under regulation 5 or 8 or subjected to restrictions or requirements under regulation 7, the Welsh Ministers must review the continuation and conditions of P’s detention by reference to the provisions of those regulations.

(4)

Where P is detained or kept in isolation under regulation 5 or 8 or subjected to restrictions or requirements under regulation 7, the Welsh Ministers or a registered public health consultant may require P to comply with screening requirements if the Welsh Ministers or the 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.

(5)

Where P is detained under regulation 4, the Welsh Ministers or a registered public health consultant may require P to move to a suitable place.

(6)

The Welsh Ministers or, as the case may be, registered public health consultant must notify P (or, where P is a child, a person who is a responsible adult in relation to P), as soon as P’s detention under regulation 4 or 5 starts, or as soon as it is decided to keep P in isolation under regulation 8, of─

(a)

the fact of P’s detention or isolation,

(b)

the powers under which P is detained or kept in isolation,

(c)

the reason for P’s detention or isolation,

(d)

the next steps that may be taken and by whom,

(e)

the obligation to keep the need for P’s detention or isolation under review,

(f)

the penalty for—

(i)

absconding, or attempting to abscond, from detention or isolation under regulation 15(1)(b);

(ii)

providing false or misleading information intentionally or recklessly under regulation 15(2);

(iii)

obstructing a person carrying out a function under these Regulations under regulation 15(3), and

(g)

the right to appeal to the magistrates’ court under regulation 12, where applicable.