Legislation – The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 4) Regulations 2020
Amendment of the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 20202.
(1)
(2)
In regulation 7(2)(a), for “, 6 or 12” substitute “or 6”.
(3)
Omit regulation 10.
(4)
In regulation 12—
(a)
“(2A)
Measures that may be taken under paragraph (2) for the purposes of minimising the risk of exposure to coronavirus at the premises also include—
(a)
ceasing to carry out certain activities;
(b)
closing a part of the premises.”
(b)
in paragraph (3)(h), omit “permitted to open by virtue of regulation 10(4)”.
(5)
“(p)
exercise with others, in a gathering of no more than 30 people, at a fitness studio, gym, swimming pool, other indoor leisure centre or facility or any other open premises.”
(6)
In regulation 17—
(a)
“A1
In regulation 17A and Schedule 5, an “enforcement officer” means a person designated by a local authority for the purposes of these Regulations.”;
(b)
in paragraph (1)(c), for “regulations 18 to 21” substitute “these Regulations”;
(c)
in paragraph (2), for “10(4), 11(4) or 12(2)” substitute “11(4) or 12(2) or Schedule 5”.
(7)
“Enforcement of regulation 12(2)17A.
Schedules 5 and 6 make provision for and in connection with conferring functions on enforcement officers for the purpose of enforcing regulation 12(2).”
(8)
In regulation 18—
(a)
in paragraph (1), omit “, 10(4), 12(2)”;
(b)
“(7A)
An enforcement officer may, to facilitate the exercise of a power conferred on the officer by Schedule 5—
(a)
require any person to give any information or answer any question the officer considers to be relevant to the exercise of the power;
(b)
require the production of, inspect and take copies of, any documents or electronic records.”;
(c)
in paragraph (8), for “or regulation 19” substitute “, regulation 19 or Schedule 5”;
(d)
“(9A)
A person may not be required under paragraph (7A) to provide a document, record or other information in respect of which a claim for legal professional privilege could be maintained in legal proceedings.
(9B)
No information or answer given by a person in response to a requirement imposed under paragraph (7A)(a) is admissible in evidence against that person, or the person’s spouse or civil partner, in proceedings under any enactment other than these Regulations.”
(9)
In regulation 19(1)(a), after “imposed by” insert “or under”.
(10)
In regulation 20—
(a)
in paragraph (1)(a), omit “10(4),” and “or 12(2)”;
(b)
“(2A)
A person who—
(a)
without reasonable excuse, contravenes paragraph 3(1) of Schedule 5,
(b)
contravenes paragraph 3(2) of that Schedule, or
(c)
without reasonable excuse, removes, obscures or damages a notice or sign required to be displayed under paragraph 7(2) of that Schedule,
commits an offence.”;
(c)
“(3A)
A person who commits an offence under paragraph (2A)(a) is liable on summary conviction to imprisonment for a term not exceeding 6 months, to a fine, or to both.”;
(d)
in paragraph (4), for “An” substitute “Any other”.
(11)
In regulation 21(1)(a), after “these Regulations” insert “(except an offence under regulation 20(2A)(a))”.
(12)
In regulation 22(1), at the end insert “, except that proceedings for an offence under regulation 20(2A) may also be brought by a local authority”.
(13)
In Schedule 2—
(a)
(b)
omit paragraphs 11 to 13.
(14)
“42.
Swimming pools.
43.
Indoor fitness studios, gyms, spas and other indoor leisure centres and facilities.
44.
Indoor play areas.”
(15)
After Schedule 4 insert the Schedules 5 and 6 set out in Schedules 1 and 2 to these Regulations.