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Welsh Statutory Instruments
2020 No. 803 (W. 176)
Public Health, Wales
The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 2) Regulations 2020
Approved by Senedd Cymru
Made
at 1.50 p.m. on 24 July 2020
Laid before Senedd Cymru
at 5.00 p.m. on 24 July 2020
Coming into force in accordance with regulation 1(2), (3) and (4)
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.—(1) The title of these Regulations is the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 2) Regulations 2020.
(2) This regulation comes into force immediately after the Regulations are made.
(3) Regulations 2 and 4 come into force on 25 July 2020.
(4) Regulation 3 comes into force on 27 July 2020.
Commencement Information
I1Reg. 1 in force at 24.7.2020 at 1:50 p.m., see reg. 1(2)
Amendments coming into force on 25 July 2020E+W
2.—(1) The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020 F2 are amended as follows.
(2) Omit regulation 8.
(3) In regulation 9, for “, 7(1) or 8(1)”, in both places it occurs, substitute “ or 7(1) ”.
(4) In regulation 12(3), omit sub-paragraph (f).
(5) In regulation 14(2)—
(a)in sub-paragraph (j), omit “critical” and the words from “, including” to the end;
(b)after that sub-paragraph insert—
“(ja)access childcare or participate in supervised activities for children;”.
(6) Omit regulation 16.
(7) In regulation 17(2), omit “8(1),”.
(8) In regulation 18(1), omit “8(1),”.
(9) In regulation 20(1)(a)—
(a)omit “8(1),”;
(b)for “, 12(2) or 16(1)” substitute “ or 12(2) ”.
(10) In Schedule 1, in paragraphs 1, 2(1) and 3, for “Schedule 3” substitute “ Schedule 4 ”.
(11) In Schedule 2, omit paragraph 15.
(12) Omit Schedule 3.
(13) In Schedule 4—
(a)in paragraph 24, omit the words in brackets;
(b)after paragraph 26 insert—
“27.—(1) Holiday sites.
(2) In this paragraph, a “holiday site” means any land in Wales on which a mobile home or caravan is stationed for the purposes of human habitation (including any land in Wales used in conjunction with that land), in respect of which the relevant planning permission or the site licence for the land—
(a)is expressed to be granted for holiday use only, or
(b)requires that there are times of the year when no mobile home or caravan may be stationed on the site for human habitation.
(3) For the purpose of determining whether or not a site is a holiday site, any provision of the relevant planning permission or of the site licence which permits the stationing of a mobile home on the land for human habitation all year round is to be ignored if the mobile home is authorised to be occupied by—
(a)the person who is the owner of the site, or
(b)a person employed by that person but who does not occupy the mobile home under an agreement to which Part 4 of the Mobile Homes (Wales) Act 2013 F3 applies.
28. Camping sites.
29. Hotels and bed and breakfast accommodation.
30. Other holiday accommodation (including holiday apartments, hostels and boarding houses).”
F2S.I. 2020/725 (W. 162), as amended by the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) Regulations 2020 (S.I. 2020/752 (W. 169)).
F32013 anaw 6, as amended by the Housing (Wales) Act 2014 (anaw 7).
Commencement Information
I2Reg. 2 in force at 25.7.2020, see reg. 1(3)
Savings for offences and penalties in relation to prior actsE+W
4. Regulations 20 and 21 of the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020 continue to have effect in relation to any offence committed, or reasonably believed to have been committed, before the amendments made by these Regulations came into force as if those amendments had not been made.
Commencement Information
I4Reg. 4 in force at 25.7.2020, see reg. 1(3)
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.
Regulations 2 and 3 of these Regulations amend the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020. The amendments made by regulation 2 come into force on 25 July 2020; those made by regulation 3 come into force on 27 July 2020.
The amendments made by regulation 2 consist of provision—
permitting underground visitor attractions to open, but the persons responsible for the premises will be required to take all reasonable measures to minimise the risk of exposure to coronavirus on the premises;
removing the requirement to close holiday accommodation that is not self-contained (but again the requirement to take all reasonable measures to minimise the risk of exposure to coronavirus on the premises will apply);
removing the requirement imposed on individuals to work from home where reasonably practicable;
clarifying that a reasonable excuse for gathering with other persons may include accessing any public services and childcare, as well as taking part in supervised children's recreation.
The amendments made by regulation 3 consist of provision—
permitting the opening of crematoriums (in all circumstances), indoor cinemas, nail and beauty salons, massage parlours, establishments providing tanning services, body piercings, tattooing, electrolysis or acupuncture, amusement arcades, museums, galleries and archive services (but as above, the requirement to take all reasonable measures to minimise the risk of exposure to coronavirus on the premises will apply);
requiring passengers travelling on public transport services to wear a face covering, subject to exceptions which are listed, and making provision for the enforcement of this duty;
relaxing the restriction on gatherings to allow a wider range of activities relating to the sale and letting of residential property, such as viewings of occupied properties.
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.