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

Amendment of the Health Protection (Coronavirus Restrictions) (Wales) Regulations 20202.

(1)

The Health Protection (Coronavirus Restrictions) (Wales) Regulations 20202 are amended as follows.

(2)

In regulation 7(2)—

(a)

before sub-paragraph (a) insert—

“(aa)

for the solemnization of a marriage or formation of a civil partnership, where a party to the marriage or civil partnership is seriously ill and not expected to recover,”;

(b)

for sub-paragraph (b) substitute—

“(b)

to broadcast (whether over the internet or as part of a radio or television broadcast)—

(i)

an act of worship (without a congregation);

(ii)

a solemnization of a marriage or formation of a civil partnership allowed by sub-paragraph (aa);

(iii)

a funeral, or”.

(3)

For regulation 8 substitute—

“Restrictions on movement and being indoors during the emergency period8.

(1)

During the emergency period, no person may, without reasonable excuse—

(a)

leave the area local to the place where they are living or remain away from that area;

(b)

be indoors with another person who is not—

(i)

a member of their household,

(ii)

their carer, or

(iii)

a person they are providing care to.

(2)

A reasonable excuse includes the need to do the following (but see paragraph (3))—

(a)

obtain supplies from any business or service listed in Part 4 of Schedule 1 including—

(i)

food and medical supplies for those in the same household (including animals in the household) or for vulnerable persons;

(ii)

supplies for the essential upkeep, maintenance and functioning of the household, or the household of a vulnerable person;

(b)

obtain money from or deposit money with any business or service listed in paragraph 38 or 39 of Schedule 1;

(c)

seek medical assistance, including accessing any of the services referred to in paragraph 42 of Schedule 1 or accessing veterinary services;

(d)

provide or receive care or assistance, including relevant personal care, within the meaning of paragraph 7(3B) of Schedule 4 to the Safeguarding of Vulnerable Groups Act 20063, where the person receiving the care is a vulnerable person;

(e)

provide or receive emergency assistance;

(f)

donate blood;

(g)

work or provide voluntary or charitable services (but see also regulation 8A);

(h)

enable work to be undertaken at any premises (but see also regulation 8A);

(i)

attend a solemnization of a marriage or formation of a civil partnership, where a party to the marriage or civil partnership is seriously ill and not expected to recover—

(i)

as a party to the marriage or civil partnership,

(ii)

if invited to attend, or

(iii)

as the carer of a person attending.

(j)

attend 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;

(k)

visit a cemetery, burial ground or garden of remembrance to pay respects to a deceased person;

(l)

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

(m)

access or receive critical public services, including—

(i)

childcare or educational services (where these are still available to a child in relation to whom the person is the parent, or has parental responsibility for, or has care of);

(ii)

social services;

(iii)

services provided by the Department for Work and Pensions;

(iv)

services provided to victims (such as victims of crime or domestic violence);

(n)

visit a library;

(o)

in relation to children who do not live in the same household as their parents, or one of their parents, continue 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;

(p)

in the case of a minister of religion or worship leader, go to their place of worship;

(q)

move house where the move cannot be postponed;

(r)

avoid injury or illness or escape a risk of harm.

(3)

For the purposes of paragraph (1)(a), it is not a reasonable excuse for a person to leave the area local to the place where the person is living to do something, or remain away from the area to do something, if it would be reasonably practicable for them to do that thing within the area.

(4)

Paragraph (1)(a) does not apply to a person who is exercising, but only where the exercise starts and finishes at the place where the person is living.

(5)

Paragraph (1) does not apply to a person who is homeless.”

(4)

After new regulation 8 insert—

“Requirement to continue to work from home where practicable8A.

(1)

During the emergency period, in the circumstances referred to in paragraph (2) no person may leave the place where they are living, or remain away from that place, for the purposes of work or to provide voluntary or charitable services.

(2)

The circumstances are that it is reasonably practicable for the person to work or to provide voluntary or charitable services from the place where they are living.

(3)

For the purposes of this regulation, the place where a person is living includes the premises where they live together with any garden, yard, passage, stair, garage, outhouse or other appurtenance of such premises.”

(5)

After new regulation 8A insert—

“Restrictions on gathering with other persons8B.

During the emergency period no person may participate in a gathering outdoors except—

(a)

where the persons gathering are members of no more than two households,

(b)

where the gathering is essential for work purposes,

(c)

to attend a funeral, or

(d)

where the gathering is necessary—

(i)

to facilitate a house move,

(ii)

to provide care or assistance to a vulnerable person, including relevant personal care within the meaning of paragraph 7(3B) of Schedule 4 to the Safeguarding of Vulnerable Groups Act 2006,

(iii)

to provide emergency assistance to any person, or

(iv)

to participate in legal proceedings, or fulfil a legal obligation.”

(6)

In regulation 10—

(a)

in paragraph (2)—

(i)

in the words at the beginning, for “the requirement in regulation 8(1)” substitute “a requirement in regulation 8(1) or 8A”;

(ii)

in sub-paragraph (a), at the end insert “(if P is not already there)”;

(iii)

in sub-paragraph (b), at the end insert “(if P is not already there)”;

(b)

in the words at the beginning of paragraph (7)—

(i)

omit “three or more”;

(ii)

for “8(5)” substitute “8B”;

(c)

in the words at the beginning of paragraph (8A), for “8(5)” substitute “8B”.

(7)

In regulation 12(1)—

(a)

in sub-paragraph (a), for “8(5)” substitute “8A, 8B”;

(b)

in sub-paragraph (b), for “the requirement in regulation 8(1)” substitute “a requirement in regulation 8(1)”.