The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 11) (Blaenau Gwent, Bridgend, Merthyr Tydfil and Newport etc.) Regulations 2020 (revoked)

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Welsh Statutory Instruments

2020 No. 1022 (W. 227)

Public Health, Wales

The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 11) (Blaenau Gwent, Bridgend, Merthyr Tydfil and Newport etc.) Regulations 2020

Approved by Senedd Cymru

Made

at 12.25 p.m. on 22 September 2020

Laid before Senedd Cymru

at 4.00 p.m. on 22 September 2020

Coming into force

at 6.00 p.m. on 22 September 2020

The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 45C(1) and (3)(c), 45F(2) and 45P of the Public Health (Control of Disease) Act 1984 F1.

These Regulations are made in response to the serious and imminent threat to public health which is posed by the incidence and spread of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) in Wales.

The Welsh Ministers consider that the amendments made by these Regulations are proportionate to what they seek to achieve, which is a public health response to that threat.

In accordance with section 45R of that Act the Welsh Ministers are of the opinion that, by reason of urgency, it is necessary to make this instrument without a draft having been laid before, and approved by a resolution of, Senedd Cymru.

F11984 c. 22. Sections 45C, 45F and 45P were inserted by section 129 of the Health and Social Care Act 2008 (c. 14). The functions under these sections are conferred on “the appropriate Minister”. Under section 45T(6) of the 1984 Act the appropriate Minister, as respects Wales, is the Welsh Ministers.

Title and coming into forceE+W

1.  The title of these Regulations is the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 11) (Blaenau Gwent, Bridgend, Merthyr Tydfil and Newport etc.) Regulations 2020 and they come into force at 6.00 p.m. on 22 September 2020.

Commencement Information

I1Reg. 1 in force at 22.9.2020 at 6.00 p.m., see reg. 1

Amendment of the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020E+W

2.—(1) The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020 F2 are amended as follows.

(2) In regulation 14, after paragraph (2) insert—

(2A) It is also a reasonable excuse for no more than 6 people to gather in (any) premises indoors where all the persons in the gathering—

(a)live in the same premises, and

(b)share toilet, washing, dining or cooking facilities with each other.

(3) In regulation 14C, in the Welsh language text, in both places it occurs (including in the heading), for “leol” substitute “ lleol ”.

(4) In Schedule 4A—

(a)in paragraph 1, after paragraph (b) insert—

(c)Blaenau Gwent County Borough;

(d)Bridgend County Borough;

(e)Merthyr Tydfil County Borough;

(f)the City and County Borough of Newport.;

(b)immediately before paragraph 7, omit the heading (“PART 3”) and the sub-heading below it (“Restrictions applying only in respect of Rhondda Cynon Taf County Borough”);

(c)in paragraph 7—

(i)insert the following as a heading— “ Restrictions on licensed premises ”

(ii)in sub-paragraph (1), in the words before paragraph (a), for “Rhondda Cynon Taf County Borough” substitute “ a local health protection area ”;

(iii)for sub-paragraph (2) substitute—

(2) Sub-paragraph (1)—

(a)does not allow the licensed premises to be open in contravention of an authorisation granted or given in respect of the premises;

(b)does not prevent the sale or supply of alcohol by a hotel or other accommodation as part of room service.;

(iv)in sub-paragraph (3)(a) for “are premises” substitute “means a public house, bar (including a bar in a members' club, hotel or other accommodation), café or restaurant (including a restaurant or dining room in a members' club, hotel or other accommodation)”.

F2S.I. 2020/725 (W. 162), as amended by S.I. 2020/752 (W. 169), S.I. 2020/803 (W. 176), S.I. 2020/820 (W. 180), S.I. 2020/843 (W. 186), S.I. 2020/867 (W. 189), S.I. 2020/884 (W. 195), S.I. 2020/912 (W. 204), S.I. 2020/961 (W. 215), S.I. 2020/984 (W. 221), S.I. 2020/985 (W. 222), S.I. 2020/1007 (W. 224) and S.I. 2020/1011 (W. 225).

Commencement Information

I2Reg. 2 in force at 22.9.2020 at 6.00 p.m., see reg. 1

Mark Drakeford

First Minister, one of the Welsh Ministers

Explanatory Note

(This note is not part of the Regulations)

Part 2A of the Public Health (Control of Disease) Act 1984 enables the Welsh Ministers, by regulations, to make provision for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection or contamination in Wales.

These Regulations are made in response to the serious and imminent threat to public health which is posed by the incidence and spread of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) in Wales.

These Regulations amend the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020 (the “principal Regulations”). The amendments—

(a)

designate Blaenau Gwent, Bridgend, and Merthyr Tydfil County Boroughs, and the City and County Borough of Newport, as local health protection areas that are subject to specific restrictions and requirements;

(b)

provide that one of the requirements is that licensed premises must close at 11 p.m. in all local health protection areas (including Caerphilly County Borough);

(c)

provide that it is a reasonable excuse for persons living in accommodation where certain facilities are shared to gather indoors as if they were a single household (this includes houses in multiple occupation and student accommodation);

(d)

make minor amendments to the Welsh language text of regulation 14C of the principal Regulations.

The Welsh Ministers' Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has not been prepared as to the likely cost and benefit of complying with these Regulations.