Legislation – The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 8) (Caerphilly) Regulations 2020
Amendment of the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 20202.
(1)
(2)
“(r)
“local health protection area” has the meaning given by Schedule 4A.”
(3)
“Review4.
(1)
The Welsh Ministers must review the need for restrictions and requirements imposed by these Regulations (other than the restrictions and requirements imposed by Schedule 4A), and whether those restrictions and requirements are proportionate to what the Welsh Ministers seek to achieve by them—
(a)
by 10 September 2020;
(b)
at least once in the period of 21 days beginning on 11 September 2020;
(c)
at least once in each subsequent period of 21 days.
(2)
The Welsh Ministers must review the need for restrictions and requirements imposed by Schedule 4A, and whether those restrictions and requirements are proportionate to what the Welsh Ministers seek to achieve by them—
(a)
by 24 September 2020;
(b)
at least once in the period of 7 days beginning on 25 September 2020;
(c)
at least once in each subsequent period of 7 days.”
(4)
“PART 4ALocal restrictions
Local health protection area14C.
Schedule 4A contains provision about restrictions and requirements applying in relation to a local health protection area (including provisions modifying the effect of other provisions of these Regulations as they apply in relation to that area).”
(5)
In regulation 18—
(a)
“(3C)
If an enforcement officer has reasonable grounds to suspect that a person (“P”) is contravening (or is about to contravene) paragraph 6(1) of Schedule 4A, the officer may—
(a)
direct P not to enter the premises;
(b)
remove P from the premises, and may use reasonable force, if necessary, to do so.”;
(b)
“(4A)
Where an enforcement officer has reasonable grounds for suspecting that a person (“P”) is contravening (or is about to contravene) paragraph 3(1) or 4(1) of Schedule 4A, the officer may—
(a)
direct P to return to the place where P is living;
(b)
remove P to that place.”;
(c)
in paragraph (5)—
(i)
in sub-paragraph (a), after “(4)” insert “or (4A)”;
(ii)
in sub-paragraph (b), after “(c)” insert “or (4A)(b)”;
(d)
“(6ZA)
Where an enforcement officer has reasonable grounds to suspect that a person (“P”) is contravening, or is about to contravene, paragraph 3(1) or 4(1) of Schedule 4A and is a child accompanied by an individual (“I”) who has responsibility for P—
(a)
the officer may direct I to take P to the place where P is living, and
(b)
I must, so far as reasonably practicable, ensure that P complies with any direction or instruction given by the officer to P.”;
(e)
in paragraph (6A), after “12(A)(1)” insert “or paragraph 6(1) of Schedule 4A”;
(f)
in paragraph (7), after “(6)” insert “, (6ZA)”.
(6)
In regulation 20—
(a)
in paragraph (1)—
(i)
in sub-paragraph (a), after “12A(1),” insert “or paragraph 5(1) of Schedule 4A,”;
(ii)
in sub-paragraph (b), after “14B(1),” insert “or paragraph 3(1), 4(1) or 6(1) of Schedule 4A”;
(b)
in paragraph (3)(a)—
(i)
after “18(3A)(a),” insert “18(3C)(a),”;
(ii)
after “18(4),” insert “18(4A)(a),”;
(iii)
for “or 18(6)” substitute “, 18(6) or 18(6ZA)(a)”.
(7)
“SCHEDULE 4ALocal restrictions
Local health protection area
1.
For the purposes of these Regulations, Caerphilly County Borough is a local health protection area.
Prohibition on forming extended households
2.
(1)
Despite regulation 2A, no household living in a local health protection area may agree to be treated as an extended household with other households.
(2)
Where, before this paragraph came into force, a household living in a local health protection area agreed to be treated as being in an extended household with other households—
(a)
that household is not to be treated as being in the extended household, and
(b)
the other households continue to be treated as an extended household (provided they are not living in a local health protection area) and regulation 2A applies to those households accordingly.
Requirement to stay within local health protection area
3.
(1)
No person living in a local health protection area may, without a reasonable excuse, leave the area or remain away from the area.
(2)
A reasonable excuse includes the need to do the following outside the local health protection area—
(a)
obtain—
(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 6 or 7 of Schedule 4;
(c)
obtain or provide medical assistance, including accessing any of the services referred to in paragraph 10 of Schedule 4 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)
work or provide voluntary or charitable services, where it is not reasonably practicable to do so from home;
(f)
where the person is an elite athlete, train and compete;
(g)
provide or receive emergency assistance;
(h)
attend a solemnization of a marriage or formation of a civil partnership—
(i)
as a party to the marriage or civil partnership,
(ii)
if invited to attend, or
(iii)
as the carer of a person attending;
(i)
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;
(j)
meet a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings;
(k)
access or receive public services;
(l)
access or receive childcare or education services;
(m)
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;
(n)
move home;
(o)
undertake activities in connection with the purchase, sale, letting, or rental of residential property;
(p)
avoid injury or illness or escape a risk of harm.
(3)
For the purposes of sub-paragraph (1), it is not a reasonable excuse for a person to leave, or remain away from, a local health protection area to do anything if it would be reasonably practicable for the person to do that thing within the area.
(4)
Sub-paragraph (1) does not apply to a person who is homeless.
Requirement not to enter local health protection area
4.
(1)
No person may, without reasonable excuse, enter a local health protection area or remain in it.
(2)
A reasonable excuse includes the need to do the following in the local health protection area—
(a)
obtain—
(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 6 or 7 of Schedule 4;
(c)
obtain or provide medical assistance, including accessing any of the services referred to in paragraph 10 of Schedule 4 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 2006, where the person receiving the care is a vulnerable person;
(e)
work or provide voluntary or charitable services;
(f)
where the person is an elite athlete, train and compete;
(g)
provide or receive emergency assistance;
(h)
attend a solemnization of a marriage or formation of a civil partnership—
(i)
as a party to the marriage or civil partnership,
(ii)
if invited to attend, or
(iii)
as the carer of a person attending;
(i)
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;
(j)
meet a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings;
(k)
access or receive public services;
(l)
access or receive childcare or education services;
(m)
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;
(n)
move home;
(o)
undertake activities in connection with the purchase, sale, letting, or rental of residential property;
(p)
avoid injury or illness or escape a risk of harm;
(q)
travel to reach a place outside the area.
(3)
For the purposes of sub-paragraph (1), it is not a reasonable excuse for a person to enter, or remain in, a local health protection area to do anything if it would be reasonably practicable for the person to do that thing outside the area.
Requirement to work from home where practicable
5.
(1)
No person living in a local health protection area may leave the place where they are living, or remain away from that place, in order to go to work or for work-related purposes.
(2)
But sub-paragraph (1) does not apply if it is not reasonably practicable for the person to work from the place where they are living.
(3)
No person living in a local health protection area may leave the place where they are living, or remain away from that place, in order to provide voluntary or charitable services.
(4)
But sub-paragraph (3) does not apply if it is not reasonably practicable for the person to provide the voluntary or charitable services from the place where they are living.
(5)
For the purposes of this paragraph, 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.
Requirement to wear face covering in certain public places
6.
(1)
A person (“P”) must wear a face covering in open premises in a local health protection area.
(2)
But this is not required—
(a)
where an exemption applies under sub-paragraph (3);
(b)
where P has a reasonable excuse not to wear a face covering, as to which see sub-paragraph (4).
(3)
An exemption to the requirement to wear a face covering applies—
(a)
where P is a child under the age of 11;
(b)
where P is in premises where food or drink is sold, or otherwise provided, for consumption on those premises.
(4)
The circumstances in which P has a reasonable excuse to not wear a face covering include—
(a)
where P is unable to put on, wear or remove a face covering because of a physical or mental illness or impairment, or a disability (within the meaning of section 6 of the Equality Act 20104);(b)
where P has to remove the face covering to communicate with another person who has difficulty communicating (in relation to speech, language or otherwise);
(c)
where P has to remove the face covering in order to avoid harm or injury, or the risk of harm or injury, to themselves or others;
(d)
where P is at the premises to avoid injury, or to escape a risk of harm, and does not have a face covering;
(e)
where P has to remove the face covering to—
(i)
take medication;
(ii)
eat or drink, where reasonably necessary;
(f)
where P is asked to remove the face covering by an enforcement officer.
(5)
For the purposes of sub-paragraph (3)(b), where food or drink is sold or otherwise provided for consumption in a part of premises, the exemption only applies where P is in that part.”