The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020 (revoked)

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Welsh Statutory Instruments

2020 No. 725 (W. 162)

Public Health, Wales

The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020

Approved by Senedd Cymru

Made

at 3.40 p.m. on 10 July 2020

Laid before Senedd Cymru

at 6.00 p.m. on 10 July 2020

Coming into force in accordance with regulation 1(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 restrictions and requirements imposed 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.

PART 1 E+WIntroduction

Title, application and coming into forceE+W

1.—(1) The title of these Regulations is the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020.

(2) These Regulations apply in relation to Wales.

(3) The following provisions of these Regulations come into force on 11 July 2020—

(a)regulation 2;

(b)regulation 8;

(c)regulation 9 so far as it applies to a requirement under regulation 8(1);

(d)regulations 12 and 13 so far as they apply to a person responsible for premises of a business listed in Schedule 3;

(e)regulations 17 to 22 so far as they apply to a contravention (or alleged contravention) of regulation 8(1);

(f)regulation 3 so far as it relates to the following provisions of the Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020 F2

(i)paragraphs (4) to (6) of regulation 4 so far as they apply to a person responsible for carrying on a business listed in Part 3 of Schedule 1;

(ii)regulation 5;

(iii)regulation 7A so far as it applies in relation to a requirement or restriction imposed by regulation 4(5B) or 5(3C) on a person responsible for carrying on a business listed in Part 3 of Schedule 1;

(iv)regulations 10 to 14 so far as they apply to a contravention (or alleged contravention) of regulation 4(4) or 5(3C) by a person responsible for carrying on a business listed in Part 3 of Schedule 1.

(4) These Regulations come into force for all other purposes on 13 July 2020.

F2S.I. 2020/353 (W. 80) as amended by S.I. 2020/399 (W. 88), S.I. 2020/452 (W. 102), S.I. 2020/497 (W. 118), S.I. 2020/529 (W. 124), S.I. 2020/557 (W. 129), S.I. 2020/619 (W. 141) and S.I. 2020/686 (W. 153).

Commencement Information

I1Reg. 1 in force at 11.7.2020, see reg. 1(3)

InterpretationE+W

2.—(1) In these Regulations—

(a)burial” includes the interment of a dead person's ashes;

(b)carer” means a person who provides care for the person assisted where—

(i)the carer is entitled to an assessment under section 24 of the Social Services and Well-being (Wales) Act 2014 F3,

(ii)the care is part of the provision of community care services under Part 4 of the Social Services and Well-being (Wales) Act 2014, or

(iii)the care is provided by a care provider registered under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 F4;

(c)cemetery” includes a burial ground and any other place for the interment of the dead;

(d)coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);

(e)elite athlete” means an individual designated as such for the purposes of these Regulations by the Sports Council for Wales;

(f)local authority” means the council of a county or county borough in Wales;

(g)open premises” has the meaning given by regulation 12(3);

(h)parental responsibility” has the same meaning as in the Children Act 1989 F5;

(i)a “person responsible for carrying on a business” includes the owner, proprietor, and manager of that business;

(j)premises” includes any building or structure and any land;

(k)vulnerable person” includes—

(i)any person aged 70 or older;

(ii)any person under 70 who has an underlying health condition;

(iii)any person who is pregnant;

(iv)any child;

(v)any person who is a vulnerable adult within the meaning given by section 60(1) of the Safeguarding Vulnerable Groups Act 2006 F6.

(2) For the purposes of the definition of “elite athlete” in paragraph (1)—

(a)an individual is designated by the Sports Council for Wales only if the individual has been nominated for designation by a relevant sporting body and the Council has accepted the nomination, and

(b)relevant sporting body” means the national governing body of a sport which may nominate athletes to represent—

(i)Great Britain and Northern Ireland at the Olympic or Paralympic Games, or

(ii)Wales at the Commonwealth Games.

(3) For the purposes of these Regulations—

(a)there is a gathering when two or more people are in the same place in order to do something together;

(b)premises are indoors if they are enclosed or substantially enclosed within the meaning given by regulation 2 of the Smoke-free Premises etc. (Wales) Regulations 2007 F7.

(4) If two households agree to be treated as a single (extended) household for the purposes of these Regulations, any reference in these Regulations (other than in paragraphs (5) to (7)) to a “household” is to be read as including both households.

(5) To agree to be treated as a single household all of the adults of the two households must agree.

(6) But—

(a)a household may only agree to be treated as a single household with one other household, and

(b)if two households cease to agree to be treated as a single household, neither household may agree to be treated as a single household under paragraph (4) with any other household.

(7) If two households have agreed to be treated as a single (extended) household for the purposes of the Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020 they are to be treated as also having agreed for the purposes of these Regulations.

F32014 anaw 4.

F42016 anaw 2.

F51989 c. 41. See Part 1 of the Act, to which there have been various amendments, including by the Human Fertilisation and Embryology Act 2008 (c. 22) and S.I. 2019/1458.

F62006 c. 47, as amended by section 65 of the Protection of Freedoms Act 2012 (c. 9).

F7S.I. 2007/787 (W. 68)

Commencement Information

I2Reg. 2 in force at 11.7.2020, see reg. 1(3)(a)

RevocationE+W

3.—(1) The following Regulations are revoked—

(a)the Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020 F8;

(b)the Health Protection (Coronavirus Restrictions) (Wales) (Amendment) Regulations 2020 F9;

(c)the Health Protection (Coronavirus Restrictions) (Wales) (Amendment) (No. 2) Regulations 2020 F10;

(d)the Health Protection (Coronavirus Restrictions) (Wales) (Amendment) (No. 3) Regulations 2020 F11;

(e)the Health Protection (Coronavirus Restrictions) (Wales) (Amendment) (No. 4) Regulations 2020 F12;

(f)the Health Protection (Coronavirus Restrictions) (Wales) (Amendment) (No. 5) Regulations 2020 F13;

(g)the Health Protection (Coronavirus Restrictions) (Wales) (Amendment) (No. 6) Regulations 2020 F14;

(h)the Health Protection (Coronavirus Restrictions) (Wales) (Amendment) (No. 7) Regulations 2020 F15.

(2) Despite the revocation of those Regulations, they continue in force in relation to any offence committed under the Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020 before these Regulations came into force.

F8S.I. 2020/353 (W. 80)

F9S.I. 2020/399 (W. 88).

F10S.I. 2020/452 (W. 102).

F11S.I. 2020/497 (W. 118).

F12S.I. 2020/529 (W. 124).

F13S.I. 2020/557 (W. 129).

F14S.I. 2020/619 (W. 141).

F15S.I. 2020/686 (W. 153).

Commencement Information

I3Reg. 3 in force at 11.7.2020 for specified purposes, see reg. 1(3)(f)

I4Reg. 3 in force at 13.7.2020 in so far as not already in force, see reg. 1(4)

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PART 2 E+WClosure of businesses and premises

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Closure of holiday accommodationE+W

8.—(1) A person responsible for carrying on a business which is listed in Schedule 3 must cease to carry on that business.

(2) But paragraph (1) does not prevent the use of premises—

(a)for the provision of self-contained accommodation,

(b)for the provision of pitches for self-contained caravans at holiday sites or camping sites,

(c)for the purposes of a business listed in Schedule 1 (but see regulation 6), or

(d)for any purpose as may be requested by the Welsh Ministers or a local authority.

(3) And paragraph (1) applies to a person responsible for carrying on a business subject to the need to—

(a)provide accommodation for any persons staying in that accommodation when these Regulations come into force and who—

(i)are unable to return to their main residence, or

(ii)are using the accommodation as their main residence;

(b)carry on the business by providing information or other services—

(i)through a website, or otherwise by on-line communication,

(ii)by telephone, including enquiries by text message, or

(iii)by post;

(c)carry out maintenance and repairs and other work to ensure premises are suitable for use when paragraph (1) no longer applies to the business.

(4) For the purposes of paragraph (2)—

(a)accommodation is self-contained if—

(i)it is provided to persons who are members of the same household,

(ii)toilets and washing facilities are provided in connection with the accommodation which are not shared with anyone who is a member of another household, and

(iii)if facilities for the preparation or consumption of food or drink are provided in connection with the accommodation, they are not shared with anyone who is a member of another household;

(b)a caravan is self-contained if—

(i)the persons occupying the caravan are members of the same household,

(ii)the caravan contains its own toilet and washing facilities, and

(iii)the persons occupying the caravan do not share facilities for the preparation or consumption of food or drink at the holiday site or camping site with anyone who is a member of another household;

(c)caravan” has the same meaning as in Part 1 of the Caravan Sites and Control of Development Act 1960 F16.

(5) In this regulation and in Schedule 3, 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.

(6) 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 F17 applies.

F161960 c. 62. See section 29(1) (interpretation of Part 1).

F172013 anaw 6, as amended by the Housing (Wales) Act 2014 (anaw 7).

Commencement Information

I9Reg. 8 in force at 11.7.2020, see reg. 1(3)(b)

Businesses forming part of a larger businessE+W

9.  Where—

(a)a person responsible for carrying on a business (“business A”) is required, by virtue of regulation 6(1), 7(1) or 8(1) to cease carrying on business A, and

(b)business A forms part of a larger business (“business B”),

the requirement in regulation 6(1), 7(1) or 8(1) is complied with if the person responsible for carrying on business B ceases to carry on business A.

Commencement Information

I10Reg. 9 in force at 11.7.2020 for specified purposes, see reg. 1(3)(c)

I11Reg. 9 in force at 13.7.2020 in so far as not already in force, see reg. 1(4)

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PART 4E+WGathering with other people

Restrictions on gatheringsE+W

F242006 c. 47. Paragraph 7(3B) was inserted by section 66(2) of the Protection of Freedoms Act 2012 (c. 9).

Commencement Information

I18Reg. 14 in force at 13.7.2020, see reg. 1(4)

Exception for organised outdoor activitiesE+W

F25S.I. 1999/3242. Regulation 3 was amended by S.I. 2005/1541, S.I. 2015/21 and S.I. 2015/1637.

Commencement Information

I19Reg. 15 in force at 13.7.2020, see reg. 1(4)

Requirement to continue to work from home where practicableE+W

Commencement Information

I20Reg. 16 in force at 13.7.2020, see reg. 1(4)

Mark Drakeford

First Minister, one of the Welsh Ministers

Explanatory Note