2020 No. 1609 (W. 335)

Public Health, Wales

The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020

Approved in Senedd Cymru

Made

Laid before Senedd Cymru

Coming into force in accordance with regulation 1(3) and (4

F1The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 45C(1) and (3), 45F(2) and 45P of the Public Health (Control of Disease) Act 1984 .

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.C1

Annotations:
Amendments (Textual)
F1

1984 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.

Modifications etc. (not altering text)

PART 1Introduction, review and expiry

Title, application and coming into forceI11

1

The title of these Regulations is the Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020.

2

These Regulations apply in relation to Wales.

3

These Regulations, other than Part 6, come into force on F2520 December 2020.

4

Part 6 comes into force on 23 December 2020.

ReviewI22

The Welsh Ministers must review the need for the restrictions and requirements imposed by these Regulations, and whether those restrictions and requirements are proportionate to what the Welsh Ministers seek to achieve by them—

a

by 7 January 2021;

b

at least once in the period from 8 January 2021 to 28 January 2021;

c

at least once in each subsequent period of 21 days.

Annotations:
Commencement Information
I2

Reg. 2 in force at 20.12.2020, see reg. 1(3)

ExpiryI33

These Regulations expire at the end of the day on F32018 April 2022.

PART 2Levels of restrictions on gathering, travelling, and on use of premises of businesses and services

Levels of restrictionsI44

1

Schedules 1 to 4 set out restrictions and requirements that may apply in an area in relation to—

a

gatherings;

b

organising events;

F64c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

d

the use of premises of specified businesses or services that are ordinarily open to the public.

2

The restrictions and requirements set out in Schedule 1 apply in relation to an Alert Level 1 area.

3

The restrictions and requirements set out in Schedule 2 apply in relation to an Alert Level 2 area.

4

The restrictions and requirements set out in Schedule 3 apply in relation to an Alert Level 3 area.

5

The restrictions and requirements set out in Schedule 4 apply in relation to an Alert Level 4 area.

6

Schedule 5 sets out which one of Schedules 1 to 4 apply to an area by specifying a level for that area.

F2026ZA

But Schedule 5 may provide that none of Schedules 1 to 4 apply to an area by specifying that no alert level applies to the area.

F976A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F986B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F297

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

In these Regulations—

a

an “Alert Level 1 area” is an area specified in the table in Schedule 5, where the table indicates it is an Alert Level 1 area;

b

an “Alert Level 2 area” is an area specified in the table in Schedule 5, where the table indicates it is an Alert Level 2 area;

c

an “Alert Level 3 area” is an area specified in the table in Schedule 5, where the table indicates it is an Alert Level 3 area;

d

an “Alert Level 4 area” is an area specified in the table in Schedule 5, where the table indicates it is an Alert Level 4 area.

F321PART 3Requirement to isolate etc.

Annotations:

F321CHAPTER 1Requirement to isolate etc. where person tests positive for coronavirus or has close contact with such person

Interpretation of PartF3215

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirement to isolate: adult with coronavirusF3216

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirement to isolate: child with coronavirusF3217

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirement to isolate after close contact: adultF3218

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirement to isolate after close contact: childF3219

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirement to isolate after close contact with person with Omicron variant: childF3219A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Isolation requirements: general exceptionsF32110

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transitional provision: isolation requirementsF32110A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transitional provision: isolation requirementsF32110B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transitional provision: isolation requirementsF32110C

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transitional provision: isolation requirementsF32110D

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Isolation requirements: exception for participants in a testing schemeF32111

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirement to isolate: specific provision for people who are in Wales on 22 January 2021 and who have been in the Democratic Republic of the Congo or the United Republic of Tanzania in the previous 10 daysF32111A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirement to isolate: specific provision for people who are in Wales on 29 January 2021 and who have been in certain countries in the previous 10 daysF32111AA

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Isolation requirements: specific exception for people who have been in certain countriesF32111B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirement on persons with responsibility for childrenF32112

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Withdrawing a notice which requires isolationF32113

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Withdrawing a notification that close contact was with person with Omicron variantF32113A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F321CHAPTER 2Information

Power to use and disclose informationF32114

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F104PART 3ATravel restrictions etc.

Annotations:

Restriction on international travelF10414A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

International travel declaration formF10414B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 4Taking preventative measures in regulated premises

Regulated premises and responsible personsI515

1

For the purposes of these Regulations, the following are “regulated premises”—

a

premises of businesses or services listed in Schedule 7, to the extent that that the public have or are permitted access to the premises;

b

a vehicle used to provide a public transport service;

c

other premises where work is being carried out.

2

In this Part, “responsible person”, in relation to regulated premises, means—

a

in relation to premises referred to in paragraph (1)(a) and (b), the person responsible for the premises,

b

in relation to premises referred to in paragraph (1)(c), the person responsible for the work being carried out on the premises.

Annotations:
Commencement Information
I5

Reg. 15 in force at 20.12.2020, see reg. 1(3)

F171Requirement to take all reasonable measures to minimise the risk of exposure to coronavirus16

1

For the purposes of minimising the risk of exposure to coronavirus at regulated premises, or the spread of coronavirus by those who have been at regulated premises, the responsible person must take the following steps—

Step 1

Undertake a specific assessment of the risk of exposure to coronavirus at the premises, and in doing so consult persons working on the premises or representatives of those persons.

Step 2

Provide information to those entering or working at the premises about how to minimise the risk of exposure to coronavirus F183, including information to those working at the premises about the risk of exposure to coronavirus identified under the assessment undertaken under Step 1, and the measures to be taken under Step 3 F287... to minimise the risk.

F228Step 3

F288...

F203...

Take reasonable measures to mitigate the risk of exposure to coronavirus that arises where persons gather F184on the premises, such as—

a

seeking to prevent the following persons from being present at the premises—

i

any person who F275is required to not leave or be outside of the place where the person is living by virtue of regulation 6(2) or 7(2),

ii

any person who F225is required to not leave or be outside of the place where the person is living by virtue of regulation 8(2),

iii

any person experiencing symptoms associated with COVID-19;

b

ensuring that persons gathering at the premises gather outdoors where this is practicable;

c

limiting close F185physical interaction between persons on the premises F186, in particular face-to-face interaction, for example by—

i

changing the layout of premises including the location of furniture and workstations;

ii

controlling the use of entrances, passageways, stairs and lifts;

iii

controlling the use of shared facilities such as toilets and kitchens;

iv

otherwise controlling the use of, or access to, any other part of the premises;

v

installing barriers or screens;

d

limiting the duration of time for which persons may be present on the premises;

e

seeking to ensure that the premises are well ventilated;

f

maintaining good hygiene on the premises;

g

providing or requiring use of personal protective equipment.

F2891A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2042

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

Measures that may be taken under paragraph (1) include—

a

not carrying out certain activities;

b

closing a part of the premises;

F290ba

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

allowing and enabling a person who ordinarily works at the premises to isolate due to testing positive for coronavirus or having had close contact with somebody who has tested positive, for a period—

i

recommended in guidance published by the Welsh Ministers;

ii

specified in a notification given to the person by a contact tracer;

d

collecting contact information from each person at the premises and retaining it for 21 days for the purpose of providing it to any of the following, upon their request—

i

the Welsh Ministers;

ii

a contact tracer;

e

taking reasonable measures to ensure that such contact information is correct.

4

An assessment under Step 1—

a

must satisfy the requirements of regulation 3 of the Management of Health and Safety at Work Regulations 1999 (the “1999 Regulations”), and

b

must be undertaken—

i

whether or not the responsible person has already undertaken an assessment under that regulation, and

ii

whether or not that regulation applies to the responsible person.

F2914A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

For the purposes of paragraph (4)—

a

regulation 3 of the 1999 Regulations is to be read as if the words “by or under the relevant statutory provisions”, in both places it occurs, were substituted by the words “by F205regulation 16 of the Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020”, and

b

if regulation 3 of the 1999 Regulations would not, but for paragraph (4)(b)(ii), apply to a responsible person—

i

that regulation is to be treated as applying to the person as if the person were an employer, and

ii

persons working at the premises are, for the purposes of that regulation as it applies by virtue of paragraph (4)(b)(ii), treated as being employed by the responsible person.

F2066

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Specific measures applicable to licensed premisesF29216ZA

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Specific measures applicable to retail premisesF29316ZB

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Specific measures applicable to F227specified hospitality and entertainment venues and premises at which specified events are heldF30016A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Specific measures applicable to licensed premisesF20717

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Specific measures applicable to retail premisesF20817A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Guidance about taking reasonable measuresI618

1

A person required to take reasonable measures under regulation 16(1) F301... F209... must have regard to guidance issued by the Welsh Ministers about those measures.

2

The Welsh Ministers—

a

may revise guidance issued under paragraph (1), and

b

must publish the guidance (and any revisions).

3

Guidance under this regulation may incorporate (by reference or transposition) guidance, codes of practice or other documents published by another person (for example, a trade association, body representing members of an industry or a trade union).

4

Guidance issued by the Welsh Ministers under—

a

paragraph (1) of regulation 20 of the Health Protection (Coronavirus Restrictions) (No. 3) (Wales) Regulations 2020 F2, or

b

paragraph (1) of regulation 24 of the Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020 F3,

is to be treated as if it were guidance issued under paragraph (1) of this regulation.

F322PART 4ATaking preventative measures when election campaigning

Annotations:

Requirement to take all reasonable measures to minimise the risk of exposure to coronavirus when election campaigningF32218A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F294PART 4BRequirement to work from home where practicable

Annotations:

Requirement to work from home where practicableF29418B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 5Face coverings

Requirement to wear face covering on public transportF32319

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirement to wear face covering in certain indoor public placesI720

1

A person (“P”) must wear a face covering in indoor public areas of F319

F326a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F326b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F326c

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F326d

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F326e

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F326f

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F326g

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

h

premises used for the provision of medical, health or dental services, audiology, chiropody, chiropractor, osteopath, optometry, physiotherapy or acupuncture services, or other medical or health services including services relating to mental health;

i

premises used for the provision of a social care service, including care home services,, secure accommodation services, residential family centre services and adult day care services;

F325j

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

But this is not required—

a

where P is a child under the age of 11;

F317aa

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

where P has a reasonable excuse not to wear a face covering, as to which see paragraph (3).

3

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 2010);

b

where P is undertaking an activity and wearing a face covering during that activity may be considered to be a risk to P's health;

c

where P has to remove the face covering to communicate with a person who has difficulty communicating (in relation to speech, language or otherwise);

d

where P has to remove the face covering in order to avoid harm or injury, or the risk of harm or injury, to P or others;

e

where P is at the premises to avoid injury, or to escape a risk of harm, and does not have a face covering;

f

where P has to remove the face covering to—

i

take medication;

ii

eat or drink, where reasonably necessary;

g

where P is asked to remove the face covering by an enforcement officer;

F295h

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F315i

in relation to premises described in paragraph (1)(i), where P is resident in the premises.

F3133A

Paragraph (1) does not apply—

a

when the public do not have access to the premises;

b

where P is in premises where food or drink is sold, or otherwise provided, for consumption on the premises.

F2104

For the purposes of F316paragraph (3A)(b), where—

a

a business (“business A”) sells, or otherwise provides, food or drink for consumption on the business premises,

b

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

c

business B also carries on its business on the premises, but does not sell, or otherwise provide, food or drink for consumption on those premises,

P is to be treated as being in premises where food or drink is sold, or otherwise provided, for consumption on the premises only where P is in the part of the premises at which business A carries on its business.

F3185

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3246

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3147

For the purposes of paragraph (1)(i), a “social care service” has the same meaning as a “regulated service” in section 2(1) of the Regulation and Inspection of Social Care (Wales) Act 2016.

Guidance about requirements to wear face coveringsF32721

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F224PART 6Provision of education in school

Annotations:

Provision of education in school to certain pupils when school premises are closedF22422

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Failure to comply with regulation 22F22423

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Interpretation of this PartF22424

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PART 7Enforcement

Enforcement officersI825

1

For the purposes of regulation 26 and Schedule 8, an “enforcement officer” means a person designated by a local authority —

a

for the purposes of these Regulations,

b

under regulation 17(A1) of the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020 F4,

c

under regulation 21(1) of the Health Protection (Coronavirus Restrictions) (No. 3) (Wales) Regulations 2020, or

d

under regulation 25(1) of the Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020.

2

For the purposes of regulations F107... F32820, 27 to 29, 31 to 34, 36 and 47, an “enforcement officer” means—

a

a constable,

b

a police community support officer,

c

a person designated by—

i

the Welsh Ministers, or

ii

a local authority,

for the purposes of these Regulations (but see paragraph (3)), or

d

a person designated by the Welsh Ministers or a local authority under—

i

regulation 10(11)(c) of the Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020 F5 as a relevant person (within the meaning given by that regulation),

ii

regulation 17(1) of the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020 for the purposes of those Regulations,

iii

regulation 21(2) of the Health Protection (Coronavirus Restrictions) (No. 3) (Wales) Regulations 2020 for the purposes of those Regulations, or

iv

under regulation 25(2) of the Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020,

(but see paragraph (3)).

3

A person designated by a local authority may exercise an enforcement officer's functions only—

a

in relation to a contravention (or alleged contravention) of a requirement in—

i

regulation 16(1) F302... F211...,

ii

paragraph 7(1) F65... of Schedule 1,

iii

paragraph 7(1) F66... of Schedule 2,

iv

paragraph 7(1), 8(1) or F679(1) of Schedule 3, or

v

paragraph 7(1), 8(1), 9(1) F28, 10(1) or 11(3) of Schedule 4, or

b

under and by virtue of Schedule 8.

Enforcement of requirement to take preventative measuresI926

Schedules 8 and 9 make provision for and in connection with conferring functions on enforcement officers for the purpose of enforcing F303regulation 16F296... F212....

Compliance noticesI1027

1

An enforcement officer may give a compliance notice to a person if the officer has reasonable grounds for suspecting that the person is contravening a requirement in—

F329za

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F330a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

paragraph 7(1) F68... of Schedule 1,

c

paragraph 7(1) F69... of Schedule 2,

d

paragraph 7(1), 8(1) or F709(1) of Schedule 3, or

e

paragraph 7(1), 8(1), 9(1) F27, 10(1) or 11(3) of Schedule 4.

2

A compliance notice may specify measures that the person to whom it is given must take as soon as is reasonably practicable so as to prevent that person from continuing to contravene the requirement.

Powers of removal and dispersal: gatherings and being away from homeI1128

1

Paragraph (2) applies where an enforcement officer has reasonable grounds for suspecting that a person is participating in a gathering in a private dwelling in contravention of—

F229a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F229b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

paragraph 1(1) of Schedule 3, or

d

paragraph 2(1) of Schedule 4.

2

The enforcement officer may—

a

direct the gathering to disperse;

b

if the officer has reasonable grounds to suspect that the person does not live at the dwelling—

i

direct the person to leave the dwelling;

ii

remove the person from the dwelling.

3

Paragraph (4) applies where an enforcement officer has reasonable grounds for suspecting that a person is participating in a gathering in a place other than a private dwelling in contravention of—

a

paragraph 2(1) F230... of Schedule 1,

b

paragraph 2(1) F277... of Schedule 2,

c

paragraph 2(1) or F713(1) of Schedule 3, or

d

paragraph 2(1) of Schedule 4.

4

The enforcement officer may—

a

direct the gathering to disperse;

b

direct the person to leave the place where the gathering is taking place;

c

remove the person from that place.

5

Where an enforcement officer has reasonable grounds for suspecting that a person is away from the place where the person is living in contravention of paragraph 1(1) of Schedule 4, the officer may—

a

direct the person to return to the place where the person is living;

b

remove the person to that place.

Powers relating to travel restrictionsF10829

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers relating to contravention of isolation requirementF33130

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers relating to offence of possessing false or misleading evidence relating to vaccination or coronavirus test resultsF30430A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers relating to eventsI1231

1

Paragraph (2) applies where an enforcement officer has reasonable grounds for suspecting that a person (“P”) is—

F332a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

involved in organising an event in contravention of (or which the officer considers likely to be in contravention of) paragraph 4 of Schedule 1, paragraph 4 of Schedule 2, F72paragraph 5 of Schedule 3 or paragraph 4 of Schedule 4.

2

The enforcement officer may—

a

direct P to follow such instructions as the officer considers necessary in order to stop the event;

b

remove P from the location of the event;

c

direct any person to leave the event;

d

remove any person from the event;

e

where the event has not started—

i

direct P to follow such instructions as the officer considers necessary in order to stop the event from taking place;

ii

remove P from the proposed location of the event.

3

Where an enforcement officer has reasonable grounds for suspecting that a person (“P”) is involved in organising an event authorised under paragraph 5 of Schedule 1, paragraph 5 of Schedule 2 F73, paragraph 6 of Schedule 3F46... or paragraph 5 of Schedule 4 which the officer considers is being held in contravention of a requirement, restriction or other condition specified in relation to the authorisation, the officer may—

a

direct P to follow such instructions as the officer considers necessary in order to secure compliance with the requirement, restriction or other condition;

b

direct P to follow such instructions as the officer considers necessary in order to stop the event;

c

remove P from the location of the event;

d

direct any person to leave the event;

e

remove any person from the event.

Enforcement of face covering requirementsI1332

F3331

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3342

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

Where an enforcement officer has reasonable grounds to suspect that a person is contravening (or is about to contravene) regulation 20(1), the officer may—

a

direct the person not to enter the premises;

b

remove the person from the premises.

Enforcement: childrenI1433

1

Where an enforcement officer has reasonable grounds to suspect that a person (“P”) in respect of whom the officer may exercise a power under this Part is a child accompanied by an individual (“I”) who has responsibility for P—

a

the officer may direct I to take such action in respect of P as the officer considers appropriate, and

b

I must, so far as reasonably practicable, ensure that P complies with any direction or instruction given by the officer to P.

2

For the purposes of paragraph (1), I has responsibility for a child if I—

a

has custody or charge of the child for the time being, or

b

has parental responsibility for the child.

Annotations:
Commencement Information
I14

Reg. 33 in force at 20.12.2020, see reg. 1(3)

Power of entryI1534

1

An enforcement officer may enter premises, if the officer—

a

has reasonable grounds for suspecting that a requirement imposed by these Regulations is being, has been or is about to be contravened on the premises, and

b

considers it necessary to enter the premises for the purpose of ascertaining whether the requirement is being, has been or is about to be contravened.

2

An enforcement officer entering premises in accordance with paragraph (1) may take such other persons, equipment and materials onto the premises as appears to the officer to be appropriate.

3

An enforcement officer entering premises in accordance with paragraph (1)—

a

if asked by a person on the premises, must show evidence of the officer's identity and outline the purpose for which the power is exercised;

b

if the premises are unoccupied or the occupier is temporarily absent, must leave the premises as effectively secured against unauthorised entry as when the officer found them.

4

An enforcement officer may enter premises which are wholly or mainly used as a private dwelling only if the enforcement officer is a constable.

Annotations:
Commencement Information
I15

Reg. 34 in force at 20.12.2020, see reg. 1(3)

Power of police to conduct road checksI1635

1

For the purposes of this regulation, a “road check” means the exercise in a locality of the power conferred by section 163 of the Road Traffic Act 1988 F6 in such a way as to stop, during the period for which the exercise of that power in that locality continues, all vehicles or vehicles selected by any criterion.

2

A constable may conduct a road check for the purpose of ascertaining whether a vehicle is carrying a person who the constable reasonably believes—

a

has committed, or

b

intends to commit,

an offence under these Regulations.

3

A road check must be authorised by a constable of the rank of superintendent or above.

4

But a road check may be authorised by a constable below that rank if the constable considers it necessary as a matter of urgency.

5

A constable may authorise a road check if the constable has reasonable grounds to believe that a person referred to in paragraph (2) is, or is about to be, in the locality in which vehicles would be stopped.

6

An authorisation must be in writing and must specify—

a

the locality in which vehicles are to be stopped;

b

the period, not exceeding 7 days, during which the road check may take place;

c

whether the road check is to be conducted—

i

continuously throughout the period, or

ii

at particular times during the period (in which case the authorisation must specify those times);

d

the name of the constable giving the authorisation.

7

Where a road check is authorised under paragraph (4)—

a

the period specified in paragraph (6)(b) may not exceed 2 days;

b

the constable giving the authorisation must, as soon as is reasonably practicable after giving it, inform a constable of the rank of superintendent or above that it has been given.

8

A constable of the rank of superintendent or above may give authorisation in writing for a road check to continue for a further period, not exceeding 7 days, beyond the period for which the road check was initially authorised.

9

Where a vehicle is stopped in a road check, the person in charge of the vehicle at the time when it is stopped is entitled to obtain a written statement of the purpose of the road check by applying in writing—

a

to the police force responsible for the locality where the road check is conducted, and

b

no later than the end of the period of 12 months from the day on which the vehicle was stopped.

Enforcement: supplemental provisionI1736

1

An enforcement officer may take other action to facilitate the exercise of a power conferred on the officer by this Part.

2

Action taken under paragraph (1) may include—

a

requiring a person to give any information or answer any question the officer considers—

i

necessary to enable the officer to determine whether to exercise a power conferred on the officer by this Part, or

ii

is otherwise relevant to the exercise of such a power;

b

directing a person to follow such instructions as the officer considers necessary.

3

A constable may use reasonable force in the exercise of a power under—

a

regulation 28(2)(b)(ii), (4)(c) or (5)(b);

F335b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F336c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

d

regulation 31(2)(b) (d) or (e)(ii), or (3)(c) or (e);

e

regulation F33732(3)(b);

f

regulation 34(1).

4

An enforcement officer may only exercise a power under this Part if the officer considers that it is necessary and proportionate to do so.

5

In this Part and Part 8 references to a requirement include references to a restriction.

PART 8Offences and penalties

CHAPTER 1Offences

Offences relating to gatherings and being away from homeI1837

1

A person who contravenes a requirement in—

a

paragraph F2312(1) of Schedule 1,

b

paragraph F2322(1) F278... or (3) of Schedule 2,

c

paragraph 1(1) F742(1) or 3(1) of Schedule 3, or

d

paragraph 1(1) or 2(1) of Schedule 4,

commits an offence.

F2972

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Travel restriction offencesF10938

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Offences relating to organising eventsI1939

1

A person who contravenes a requirement in—

a

paragraph 4 of Schedule 1,

b

paragraph 4 of Schedule 2,

c

F75paragraph 5 of Schedule 3, or

d

paragraph 4 of Schedule 4,

commits an offence.

F3392

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3383

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Offences relating to isolation requirements and contact tracingF34040

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Offence of possessing false or misleading evidence relating to vaccination or coronavirus test resultsF30540A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Offence of failing to wear a face coveringI2041

A person who contravenes the requirement in regulation F341... 20(1) commits an offence.

Offences relating to businesses and servicesI2142

1

A person who, without reasonable excuse, contravenes a requirement in—

a

F76paragraph 7(1) of Schedule 1,

b

F77paragraph 7(1) of Schedule 2,

c

paragraphs 7(1), 8(1) or F789(1) of Schedule 3, or

d

paragraphs 7(1), 8(1), 9(1) F26, 10(1) or 11(3) of Schedule 4,

commits an offence.

F3422

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

A person who, without reasonable excuse, fails to take the measures specified in a premises improvement notice issued under paragraph 1(1) of Schedule 8 within the time limit specified in the notice commits an offence.

4

A person who, without reasonable excuse, contravenes paragraph 3(1) of Schedule 8 commits an offence.

5

A person who—

a

contravenes paragraph 3(2) of Schedule 8, or

b

without reasonable excuse, removes, obscures or damages a notice or sign required to be displayed under paragraph 7(2)(a) of that Schedule,

commits an offence.

Offence of failing to work from home where reasonably practicable to do soF29842A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Obstruction and contravention of directions and compliance noticesI2243

1

A person who obstructs, without reasonable excuse, any person carrying out a function under these Regulations commits an offence.

2

A person who, without reasonable excuse—

a

contravenes a direction given—

i

by an enforcement officer under Part 7, or

F343ii

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

fails to comply with a compliance notice given by an enforcement officer under regulation 27(1),

commits an offence.

PenaltyI2344

An offence under these Regulations is punishable on summary conviction by a fine.

Annotations:
Commencement Information
I23

Reg. 44 in force at 20.12.2020, see reg. 1(3)

Arrest without warrantI2445

Section 24 of the Police and Criminal Evidence Act 1984 F7 applies in relation to an offence under these Regulations as if the reasons in subsection (5) included—

a

to maintain public health;

b

to maintain public order.

Offences committed by bodies corporate etc.I2546

1

If an offence under these Regulations committed by a body corporate is proved—

a

to have been committed with the consent or connivance of an officer of the body, or

b

to be attributable to any neglect on the part of such an officer,

the officer (as well as the body corporate) is guilty of the offence and liable to be prosecuted and proceeded against and punished accordingly.

2

In paragraph (1), “officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body corporate.

3

Proceedings for an offence under these Regulations alleged to have been committed by a partnership may be brought in the name of the partnership instead of in the name of any of the partners.

4

Proceedings for an offence under these Regulations alleged to have been committed by an unincorporated body other than a partnership may be brought in the name of the body instead of in the name of any of its members and, for the purposes of any such proceedings, any rules of court relating to the service of documents have effect as if that body were a body corporate.

5

Section 33 of the Criminal Justice Act 1925 F8 and Schedule 3 to the Magistrates' Courts Act 1980 F9 apply in proceedings for an offence brought against a partnership or an unincorporated body other than a partnership as they apply in relation to a body corporate.

6

A fine imposed on a partnership on its conviction for an offence under these Regulations is to be paid out of the partnership assets.

7

A fine imposed on an unincorporated body other than a partnership on its conviction for an offence under these Regulations is to be paid out of the funds of the body.

CHAPTER 2Fixed penalties

Fixed penalty noticesI2647

1

An enforcement officer may issue a fixed penalty notice to a person the officer reasonably believes—

a

has committed an offence under these Regulations, and

b

is aged 18 or over.

2

A fixed penalty notice is a notice offering the person to whom it is issued the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty to—

a

a local authority, or

b

a person designated by the Welsh Ministers for the purposes of receiving payment under this regulation,

as the notice may specify.

3

The Welsh Ministers may designate themselves under paragraph (2)(b).

4

A person designated by the Welsh Ministers for the purposes of receiving payment under—

a

regulation 13 of the Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020,

b

regulation 21 of the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020,

c

regulation 31 of the Health Protection (Coronavirus Restrictions) (No. 3) (Wales) Regulations 2020, or

d

regulation 37 of the Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020

is to be treated as if designated for the purposes of receiving payment under this regulation.

5

Where a local authority is specified in the notice it must be the authority (or as the case may be, one of the authorities) in whose area the offence is alleged to have been committed.

6

Where a person is issued with a notice under this regulation in respect of an offence—

a

no proceedings may be taken for the offence before the end of the period of 28 days following the date the notice is issued;

b

the person may not be convicted of the offence if the person pays the fixed penalty before the end of that period.

Annotations:
Commencement Information
I26

Reg. 47 in force at 20.12.2020, see reg. 1(3)

Amount of fixed penalty: generalI2748

1

Unless regulation F34450 or 52 applies, the amount of a fixed penalty is—

a

£60, or

b

if £30 is paid before the end of the period of 14 days following the date of the notice, £30.

2

But if the person to whom such a fixed penalty notice is issued has already received a relevant fixed penalty notice—

a

paragraph (1) does not apply, and

b

the amount specified as the fixed penalty is—

i

in the case of the second relevant fixed penalty notice received, £120;

ii

in the case of the third relevant fixed penalty notice received, £240;

iii

in the case of the fourth relevant fixed penalty notice received, £480;

iv

in the case of the fifth relevant fixed penalty notice received, £960;

v

in the case of the sixth and any subsequent relevant fixed penalty notice received, £1,920.

3

In paragraph (2), “relevant fixed penalty notice” means—

a

a fixed penalty notice where the amount of fixed penalty is determined under this regulation;

b

a fixed penalty notice under—

i

the Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020,

ii

the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020 other than a notice to which regulation 21(7A) of those Regulations applies,

iii

the Health Protection (Coronavirus Restrictions) (No. 3) (Wales) Regulations 2020 other than a notice to which regulation 31(8) of those Regulations applies,

iv

the Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020 other than a notice to which regulation 39, 40, 41 or 42 of those Regulations applies,

v

the Health Protection (Coronavirus Restrictions) (Functions of Local Authorities etc.) (Wales) Regulations 2020 F10.

Amount of fixed penalty: participating in a large gathering at a private dwellingF34549

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amount of fixed penalty: international travel requirementsF11049A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amount of fixed penalty: organising an eventI2850

1

Where a fixed penalty notice is issued in respect of an alleged offence under regulation 39(1), the amount of the fixed penalty is £500.

2

But if the person to whom a fixed penalty notice is issued in respect of such an alleged offence has already received a relevant fixed penalty notice—

a

paragraph (1) does not apply, and

b

the amount of the fixed penalty is—

i

in the case of the second such fixed penalty notice received, £1,000;

ii

in the case of the third such fixed penalty notice received, £2,000;

iii

in the case of the fourth and any subsequent such fixed penalty notice received, £4,000.

3

In paragraph (2), “relevant fixed penalty notice” means—

a

a fixed penalty notice where the amount of fixed penalty is determined under this regulation;

b

a fixed penalty notice under the Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020 to which regulation 40 of those Regulations applies.

Annotations:
Commencement Information
I28

Reg. 50 in force at 20.12.2020, see reg. 1(3)

Amount of fixed penalty: organising an unlicensed music eventF34651

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amount of fixed penalty: business-related offencesI2952

1

This regulation applies to a fixed penalty notice issued in respect of an alleged offence under regulation 42(1) F347..., (3) or (4) (an “alleged business offence”).

2

Where a fixed penalty notice is issued in respect of an alleged business offence, the amount of the fixed penalty is £1,000.

3

But if the person to whom a fixed penalty notice is issued in respect of an alleged business offence has already received a relevant fixed penalty notice—

a

paragraph (2) does not apply, and

b

the amount of the fixed penalty is—

i

in the case of the second such fixed penalty notice received, £2,000;

ii

in the case of the third such fixed penalty notice received, £4,000;

iii

in the case of the fourth and any subsequent such fixed penalty notice received, £10,000.

4

In paragraph (3), “relevant fixed penalty notice” means—

a

a fixed penalty notice issued in respect of an alleged business offence;

b

a fixed penalty notice under the Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020 to which regulation 42 of those Regulations applies.

Fixed penalties: form and procedureI3053

1

A fixed penalty notice must—

a

give reasonably detailed particulars of the circumstances alleged to constitute the offence;

b

state the period during which (because of regulation 47(6)(a)) proceedings will not be taken for the offence;

c

specify the amount of the fixed penalty determined under regulation 48 F348..., F111... 50 F348... or 52 (as the case may be);

d

state the name and address of the person to whom the fixed penalty may be paid;

e

specify permissible methods of payment.

2

Whatever other method may be specified under paragraph (1)(e), payment of a fixed penalty may be made by pre-paying and posting to the person whose name is stated under paragraph (1)(d), at the stated address, a letter containing the amount of the penalty (in cash or otherwise).

3

Where a letter is sent as mentioned in paragraph (2), payment is regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.

4

In any proceedings, a certificate—

a

that purports to be signed by or on behalf of the person with responsibility for the financial affairs of—

i

the local authority, or

ii

the person designated under regulation 47(2)(b),

specified in the fixed penalty notice to which the proceedings relate, and

b

which states that the payment of a fixed penalty was, or was not, received by the date specified in the certificate,

is evidence of the facts stated.

Fixed penalty notices: prohibition of double jeopardyI3154

1

Where the same, or largely the same, act or omission by a person may give rise to a reasonable belief that the person has committed more than one offence under these Regulations, a fixed penalty notice may be issued to the person only in respect of one of the alleged offences.

F3492

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER 3Proceedings

Self-incriminationI3255

1

Relevant information may be used in evidence against the person to whom the information relates in criminal proceedings.

2

Where the information is used in proceedings other than for an offence under these Regulations or section 5 of the Perjury Act 1911 F11 (false statements made otherwise than on oath)—

a

no evidence relating to the information may be adduced by or on behalf of the prosecution, and

b

no question relating to the information may be asked by or on behalf of the prosecution.

3

Paragraph (2) does not apply if, in the proceedings—

a

evidence relating to the information is adduced by or on behalf of the person who provided it, or

b

a question relating to the information is asked by or on behalf of that person.

4

In this regulation, “relevant information” means—

a

information which is relevant information for the purposes of regulation 14;

b

information, or the answer to a question, given in response to a requirement imposed under regulation 36(1);

c

anything contained in a document or electronic records produced in response to a requirement imposed under paragraph 8(1) of Schedule 8.

ProsecutionsI3356

1

No proceedings for an offence under these Regulations may be brought other than by—

a

the Director of Public Prosecutions,

b

any person designated by the Welsh Ministers, or

c

in relation to proceedings for F80an offence mentioned in paragraph (1A), a local authority.

F791A

The offences referred to in paragraph (1)(c) are—

a

an offence under regulation 42 F350...;

b

an offence under regulation 43(1) where the person carrying out a function under these Regulations is an enforcement officer designated by a local authority;

c

an offence under regulation 43(2)(a)(i) or (b) where the enforcement officer giving the direction or compliance notice is a person designated by a local authority.

2

A person designated by the Welsh Ministers under—

a

regulation 14 of the Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020,

b

regulation 22 of the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020,

c

regulation 32 of the Health Protection (Coronavirus Restrictions) (No. 3) (Wales) Regulations 2020, or

d

regulation 46 of the Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020,

is to be treated as if designated under this regulation.

PART 9General

InterpretationI3457

1

In these Regulations—

a

alcohol” has the meaning given by section 191 of the Licensing Act 2003 F12;

b

alternative wedding ceremony” means a ceremony—

i

based on a person's faith or belief or lack of belief, to mark the union of two people, other than a ceremony for the purposes of solemnising a marriage or forming a civil partnership,

ii

held in regulated premises, and

iii

organised by a charitable, benevolent or philanthropic institution;

c

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 F13,

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 F14;

d

child” means a person who is aged under 18;

F56da

“close contact service” means a service which is ordinarily provided by any of the following—

i

hair salons and barbers;

ii

nail and beauty salons including tanning and electrolysis services;

iii

body piercings and tattooing services;

e

contact information”, in relation to a person, means the person's name and information sufficient to enable the person to be contacted, (including a telephone number, and, in relation to a person at regulated premises, the date and time at which the person was at the premises);

f

contact tracer” means—

i

a person employed or engaged for the purposes of the health service (within the meaning of section 206 of the National Health Service (Wales) Act 2006 F15 or section 108 of the National Health Service (Scotland) Act 1978 F16);

ii

a person employed or engaged by a local authority,

designated for the purposes of Part 3 by a Local Health Board, Public Health Wales National Health Service Trust F17 or a local authority;

g

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

F172ga

“COVID-19” is the official designation of the disease which can be caused by coronavirus;

F40h

elite athlete” means an individual who—

i

derives a living from competing in a sport,

ii

is designated as an elite athlete by the Sports Council for Wales for the purposes of—

aa

these Regulations,

bb

the Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020,

cc

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

dd

the Health Protection (Coronavirus Restrictions) (No. 3) (Wales) Regulations 2020, or

ee

the Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020,

F233iii

is a “domestic elite sportsperson” or an “international elite sportsperson” within the meaning given by—

aa

paragraph 44(2) of Schedule 4 to the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021;

bb

paragraph 42(2) of Schedule 4 to the Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Regulations 2021;

cc

paragraphs 58 and 59 of Schedule 4 to the Health Protection (Coronavirus, International Travel) Regulations (Northern Ireland) 2021;

i

elite sporting event” means a sporting event at which only elite athletes are competing;

j

face covering” means a covering of any type which covers a person's nose and mouth;

k

food and drink business” means—

i

bars (including bars in members' clubs);

ii

public houses;

iii

cafes, canteens and restaurants (including workplace canteens and dining rooms in members' clubs);

l

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—

i

is expressed to be granted for holiday use only, or

ii

requires that there are times of the year when no mobile home or caravan may be stationed on the site for human habitation;

m

holiday or travel accommodation” means accommodation in—

i

camping sites;

ii

holiday sites;

iii

hotels and bed and breakfast accommodation;

iv

other holiday accommodation (including holiday apartments, hostels and boarding houses);

n

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

o

parental responsibility” has the same meaning as in the Children Act 1989 F18;

p

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

q

premises” includes any building or structure and any land;

r

public transport service” means a service provided to the general public for the carriage of passengers by road, railway, tramway, air or water;

s

regulated premises” has the meaning given by regulation 15(1);

F57t

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

u

single adult household” means—

i

a household comprising of 1 adult (and any number of children), or

ii

a household comprising of—

aa

1 adult who has caring responsibilities for 1 or more other adults in the household,

bb

the adult or adults being cared for,

cc

no other adults, and

dd

any number of children;

v

vehicle” includes an aircraft, a cable car, a train, a tram and a vessel;

w

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 F19.

2

For the purposes of determining whether or not a site is a holiday site in accordance with paragraph (1)(l), 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 who does not occupy the mobile home under an agreement to which Part 4 of the Mobile Homes (Wales) Act 2013 F20 applies.

3

In these Regulations, references to a “private dwelling”—

a

include a houseboat and any garden, yard, passage, stair, outhouse or other appurtenance of the dwelling;

b

do not include the following—

i

holiday or travel accommodation;

ii

accommodation in a care home service, secure accommodation service or residential family centre service, within the meaning given to those terms by Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016 F21;

iii

criminal justice accommodation.

4

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

an event is an occasion—

i

which is planned or scheduled for a particular purpose, and

ii

at which any number of people are in the same place for that purpose, whether or not they are participating in a gathering F113at the event.

F2744A

For the purposes of these Regulations, where an event includes the playing of a team sport, members of a team playing in the event and any person providing coaching or other assistance to the team, are to be treated as if working at the event.

5

For the purposes of these Regulations—

a

premises are indoors if they are enclosed or substantially enclosed within the meaning given by F45regulation 3 of the Smoke-free Premises and Vehicles (Wales) Regulations 2020;

F213aa

a vehicle, or a part of a vehicle, is indoors if it is enclosed within the meaning given by that regulation;

b

premises are authorised for the sale or supply of alcohol where the premises have been granted or given an authorisation under the Licensing Act 2003, and “authorisation” has the meaning given by section 136(5) of that Act.

6

For the purposes of these Regulations, the premises of a cinema or theatre is a drive-in cinema or theatre if—

a

the premises are outdoors, and

b

persons attending the showing of a film or performance at the premises—

i

may only do so in an enclosed vehicle, and

ii

may not, in so far as is reasonably practicable, leave the vehicle while at the premises.

7

For the purposes of these Regulations, F114a gathering F146or event is “regulated” if—

a

it is organised by—

i

a business,

ii

a public body or a charitable, benevolent, educational or philanthropic institution,

iii

a club or political organisation, or

iv

the national governing body of a sport or other activity, and

b

the person organising it has—

i

carried out a risk assessment which would satisfy the requirements of regulation 3 of the Management of Health and Safety at Work Regulations 1999 F22, whether or not the person is subject to those Regulations, and

ii

complied with the requirements of F147Part 4.

8

For the purposes of paragraph (7)(b)—

a

regulation 3 of the Management of Health and Safety at Work Regulations 1999 applies as if the F112gatheringF148or event were an undertaking conducted by the person organising it;

b

F149Part 4 of these Regulations applies as if—

i

the place where the F112gatheringF148or event takes place were regulated premises F150within the meaning given by regulation 15, and

ii

the person organising the F112gatheringF148or event were the responsible person in relation to those regulated premises.

F1519

For the purposes of these Regulations, a F226... gathering or event is not to be treated as being otherwise than “outdoors” by reason only of—

a

the provision of indoor facilities for the sale F173or consumption of food and drink;

b

the provision of other indoor facilities necessary for the holding of the gathering or event.

RevocationI3558

The following Regulations are revoked—

a

the Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020, other than regulation 48;

b

regulation 4 of the Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (Wales) Regulations 2020 F23;

c

regulation 6 of the Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (No. 2) (Wales) Regulations 2020 F24.

Consequential amendmentI3659

In regulation 19(10) of the Health Protection (Coronavirus Restrictions) (Functions of Local Authorities etc.) (Wales) Regulations 2020, after sub-paragraph (d) insert—

e

the Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020 if regulation 48 of those Regulations applies to the notice.

Annotations:
Commencement Information
I36

Reg. 59 in force at 20.12.2020, see reg. 1(3)

Mark Drakeford First Minister, one of the Welsh Ministers

SCHEDULE 1Alert Level 1 Restrictions

Regulation 4(2)

PART 1Restrictions on gathering

Restriction on gatherings in private dwellingsF2341

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restriction on gatherings in public placesI372

F1881

No person may, without a reasonable excuse, participate in a gathering which takes place indoors other than in a private dwelling F235... which consists of more than 6 people unless all the persons participating in the gathering are members of the same household.

F2361A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1931B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

In determining, for the purposes of F237sub-paragraph (1), the number of persons participating in a gathering no account is to be taken of—

F189a

any children under the age of 11, as long as the persons participating in the gathering (including any children under the age of 11) are from no more than 6 households, or

b

the carer of a person who is participating in the gathering.

3

For the purposes of sub-paragraph (1), a person has a reasonable excuse if—

a

the person is participating in the gathering for a purpose that is reasonably necessary and there is no reasonably practicable alternative, or

b

one of the circumstances in sub-paragraph (5) applies.

4

Examples of purposes for which it may be reasonably necessary for a person to participate in a gathering include—

a

obtaining or providing medical assistance, or accessing veterinary services;

b

working or providing voluntary or charitable services;

c

meeting a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings;

d

providing, receiving or accessing care or assistance, including childcare or 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

in relation to children who do not live in the same household as their parents, or one of their parents, continuing 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;

f

moving home;

g

undertaking activities in connection with the purchase, sale, letting, or rental of residential property;

h

accessing or receiving public services;

i

accessing or receiving educational services.

5

The circumstances referred to in sub-paragraph (3)(b) are that the person is—

a

providing or receiving emergency assistance;

b

avoiding illness, injury or other risk of harm;

c

attending a solemnisation of a marriage, formation of a civil partnership or an alternative wedding ceremony—

i

as a party to the marriage, civil partnership or alternative wedding,

ii

if invited to attend, or

iii

as the carer of a person attending;

d

attending 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;

F81e

participating in an indoor gathering F174at regulated premises to—

i

celebrate a solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony that took place on or after 26 March 2020;

ii

celebrate the life of a deceased person whose funeral is held on or after 26 March 2020;

f

attending a place of worship;

g

an elite athlete and is training or competing;

h

providing coaching or other support to an elite athlete, or providing support at an elite sporting event;

F190i

participating in, attending or facilitating a regulated gathering or event that takes place to any extent indoors F238...;

F191j

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F192k

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F239ka

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

l

attending or facilitating an event authorised by the Welsh Ministers in accordance with paragraph 5.

F2405A

For the purposes of this paragraph, a gathering in holiday or travel accommodation is to be treated as if it were a gathering in a private dwelling.

F1946

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extended householdsF2413

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 2Restrictions on organising events

Prohibition on organising eventsI384

F1521

No person may, without a reasonable excuse, be involved in organising an event unless—

a

the event is regulated (see regulation 57(7)), F195and

F196b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

F199where the event is held to any extent indoors, no more than the permitted number of people attend at any time.

1A

The permitted number of people is—

a

where every person attending is normally seated during the event, F2001000;

b

otherwise, F201200.

1B

For the purposes of this paragraph, a person working, or providing voluntary services, in relation to the holding of an event is not to be treated as attending the event.

F1532

Sub-paragraph (1) does not apply to a person involved in organising—

a

an event held at a private dwelling at which people do not participate in a gathering in contravention of F242regulation 37(2);

b

an event authorised by the Welsh Ministers under paragraph 5;

c

a solemnisation of a marriage, formation of a civil partnership or an alternative wedding ceremony;

d

a funeral;

e

an indoor gathering F168at regulated premises F177... to—

i

celebrate a solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony that took place on or after 26 March 2020;

ii

celebrate the life of a deceased person whose funeral is held on or after 26 March 2020;

F197f

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

g

a regulated gatheringF243... for the development or well-being of children (including sports, music and other recreational activities such as those provided for children outside of school hours and during school holidays).

F198ga

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F169h

an event that is held to any extent indoors at regulated premises F244... and at which—

i

no more than 6 people are in attendance, or

ii

all of the people in attendance are members of the same household F178...;

F245i

an event that is held outdoors at which no more than 50 people are in attendance;

F175ia

an event that is any of the following, where it is held in premises ordinarily used for that purpose—

i

the showing of a film,

ii

an entertainment performance where no more than 200 people are in attendance or where it is held outdoors,

iii

a market, or

iv

a religious service;

ib

an elite sporting event at which the only people present are elite athletes and persons working or providing voluntary services for the event;

F246j

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F246k

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1702A

In determining, for the purposes of sub-paragraph (2), the number of persons in attendance at an event, no account is to be taken of—

a

any children under the age of 11,

b

the carer of any person in attendance, or

c

any person working, or providing voluntary services, at the event.

3

For the purposes of sub-paragraph (1)—

a

a person is not involved in organising an event if the person's only involvement is attending it;

b

a reasonable excuse includes where the person has taken all reasonable measures to ensure that no more than F154the permitted number of people are present at the event at any time;

F176c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F176d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Authorised eventsI395

F1161

The Welsh Ministers may give authorisation in writing for an event to be held.

F1172

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

An authorisation may be given under sub-paragraph (1) in relation to a particular event or a particular description of events.

4

An authorisation under sub-paragraph (1)—

a

must be given to a person the Welsh Ministers consider is responsible for organising the event, and

b

may require the event to be held in accordance with any requirements, restrictions or other conditions as may be specified by the Welsh Ministers.

F1154A

A requirement, restriction or other condition specified by the Welsh Ministers in an authorisation given under sub-paragraph (1) may modify F214regulation 16F247, 16ZA or 16ZB (requirement to take all reasonable measures to minimise exposure to coronavirus) for a specified period in so far as it applies to the premises at which the event is held.

5

The Welsh Ministers must publish—

a

an authorisation given under sub-paragraph (1), and

b

details of any requirements, restrictions or other conditions specified by the Welsh Ministers in relation to an event to be held under the authorisation.

6

The Welsh Ministers may withdraw an authorisation at any time by giving notice in writing to the person to whom the authorisation was given.

7

An authorisation may be withdrawn under sub-paragraph (6) only if the Welsh Ministers —

a

have reasonable grounds to believe that the event will not be held, or is not being held, in accordance with a requirement, restriction or other condition specified by them, or

b

consider that it is necessary and proportionate to withdraw the authorisation for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection by coronavirus.

F53PART 3Restrictions on travelling

Annotations:

Restriction on travel to and from Alert Level 1 areaF536

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 4Restrictions on certain businesses and services

Closure of premises used by certain businesses and servicesI407

1

A person responsible for carrying on or providing a business or service listed in paragraph 9 F248... must—

a

close to members of the public any premises operated as part of the business or service, and

b

not carry on the business or service at such premises otherwise than in accordance with this regulation.

2

Sub-paragraph (1) does not prevent—

a

carrying out maintenance and repairs or other work to ensure premises are suitable for use when sub-paragraph (1) no longer applies to the premises;

b

the use of premises for any purpose as may be requested or authorised by the Welsh Ministers or a local authority;

c

the use of premises to broadcast without an audience present at the premises (whether over the internet or as part of a radio or television broadcast) or to rehearse F47... ;

d

the use of premises for the provision of services or information (including the sale, hire or delivery of goods or services)—

i

through a website, or otherwise by on-line communication,

ii

by telephone, including by text message, or

iii

by post.

3

Where—

a

a person responsible for carrying on a business (“business A”) is required by virtue of this paragraph to cease carrying on business A at premises, and

b

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

the requirement in this paragraph is complied with if the person responsible for carrying on business B ceases to carry on business A at the premises.

Restrictions on licensed premisesF828

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Businesses or services whose premises must be closedI419

Nightclubs, discotheques, dance halls or other venues authorised for the sale or supply of alcohol where live or recorded music is provided for members of the public or members of the venue to dance.

Annotations:
Commencement Information
I41

Sch. 1 para. 9 in force at 20.12.2020, see reg. 1(3)

F24910

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18711

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 2Alert Level 2 Restrictions

Regulation 4(3)

PART 1Restrictions on gathering

Restriction on gatherings in private dwellingsF2501

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restriction on gatherings in public placesI422

1

No person may, without a reasonable excuse, participate in a gathering which

F251a

takes place indoors, F279... other than in a private dwelling, and

b

consists of more than F1186 people, not including

i

any children under the age of 11 F119, as long as the persons participating in the gathering (including any children under the age of 11) are from no more than 6 households, or

ii

the carer of a person who is participating in the gathering.

F2522

But a person may participate in such a gathering if all the persons participating in the gathering are members of the same household.

F2822A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2533

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2543A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2553B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

For the purposes of sub-paragraphs (1) F280... and (3), a person has a reasonable excuse if—

a

the person is participating in the gathering for a purpose that is reasonably necessary and there is no reasonably practicable alternative, or

b

one of the circumstances in sub-paragraph (6) applies.

5

Examples of purposes for which it may be reasonably necessary for a person to participate in a gathering include—

a

obtaining or providing medical assistance, or accessing veterinary services;

b

working or providing voluntary or charitable services;

c

meeting a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings;

d

providing, receiving or accessing care or assistance, including childcare or 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

in relation to children who do not live in the same household as their parents, or one of their parents, continuing 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;

f

moving home;

g

undertaking activities in connection with the purchase, sale, letting, or rental of residential property;

h

accessing or receiving public services;

i

accessing or receiving educational services.

F83j

visiting a person who is resident in a care home, with the permission of the service provider.

6

The circumstances referred to in sub-paragraph (4)(b) are that the person is—

a

providing or receiving emergency assistance;

b

avoiding illness, injury or other risk of harm;

c

attending a solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony—

i

as a party to the marriage, civil partnership or alternative wedding,

ii

if invited to attend, or

iii

as the carer of a person attending;

d

attending 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;

F84e

participating in F256a gathering at regulated premises to—

i

celebrate a solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony that took place on or after F2571 December 2021;

ii

celebrate the life of a deceased person whose funeral is held on or after F2581 December 2021;

f

attending a place of worship;

g

an elite athlete and is training or competing;

h

providing coaching or other support to an elite athlete, or providing support at an elite sporting event;

i

participating in or facilitating F120a regulated gathering that takes place F155to any extent indoors and at which—

i

no more than F8530 people are in attendance, not counting persons under the age of 11 or persons working, or providing voluntary services, F121at the gathering, and

ii

no alcohol is consumed;

F281j

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F99k

participating in or facilitating an F122regulated gatheringF259... for the development or well-being of F260children (including sports, music and other recreational activities such as those provided for children outside of school hours and during school holidays);

l

attending or facilitating an event authorised by the Welsh Ministers in accordance with paragraph 5.

7

This paragraph does not apply to a person who is homeless.

F2618

For the purposes of this paragraph, a gathering in holiday or travel accommodation is to be treated as if it were a gathering in a private dwelling.

Extended householdsF2623

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 2Restrictions on organising events

Prohibition on organising eventsI434

F156F2631

No person may, without a reasonable excuse, be involved in organising an event F283held to any extent indoors.

1A

For the purposes of this paragraph, a person working, or providing voluntary services, in relation to the holding of an event is not to be treated as attending the event.

F1572

Sub-paragraph (1) does not apply to a person involved in organising—

a

an event held at a private dwelling at which people do not participate in a gathering in contravention of F264regulation 37(2);

b

an event authorised by the Welsh Ministers under paragraph 5;

c

a solemnisation of a marriage, formation of a civil partnership or an alternative wedding ceremony;

d

a funeral;

e

F265a gathering at regulated premises, to—

i

celebrate a solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony that took place on or after F2661 December 2021;

ii

celebrate the life of a deceased person whose funeral is held on or after F2671 December 2021;

f

a regulated gathering that takes place to any extent indoors and at which—

i

no more than 30 people are in attendance, F181... and

ii

no alcohol is consumed;

F285g

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

h

a regulated gathering F268... for the development or well-being of children (including sports, music and other recreational activities such as those provided for children outside of school hours and during school holidays).

F182i

an event that is held at regulated premises, other than at holiday or travel accommodation, and at which—

i

no more than 6 people are in attendance, or

ii

all of the people in attendance are members of the same household;

j

an event that is any of the following, where it is held in premises ordinarily used for that purpose—

i

the showing of a film,

ii

an entertainment performance where no more than 200 people are in attendance F286...,

iii

a market, or

iv

a religious service;

k

an elite sporting event at which the only people present are elite athletes and persons working or providing voluntary services for the event;

F276l

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F269m

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1792A

In determining, for the purposes of sub-paragraph (2), the number of persons in attendance at an event, no account is to be taken of—

a

any children under the age of 11,

b

the carer of any person in attendance, or

c

any person working, or providing voluntary services, at the event.

3

For the purposes of sub-paragraph (1)—

a

a person is not involved in organising an event if the person's only involvement is attending it;

F284b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F180c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F180d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Authorised eventsI445

F1241

The Welsh Ministers may give authorisation in writing for an event to be held.

F1252

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

An authorisation may be given under sub-paragraph (1) in relation to a particular event or a particular description of events.

4

An authorisation under sub-paragraph (1)—

a

must be given to a person the Welsh Ministers consider is responsible for organising the event, and

b

may require the event to be held in accordance with any requirements, restrictions or other conditions as may be specified by the Welsh Ministers.

F1234A

A requirement, restriction or other condition specified by the Welsh Ministers in an authorisation given under sub-paragraph (1) may modify F215regulation 16F270, 16ZA or 16ZB (requirement to take all reasonable measures to minimise exposure to coronavirus) for a specified period in so far as it applies to the premises at which the event is held.

5

The Welsh Ministers must publish—

a

an authorisation given under sub-paragraph (1), and

b

details of any requirements, restrictions or other conditions specified by the Welsh Ministers in relation to an event to be held under the authorisation.

6

The Welsh Ministers may withdraw an authorisation at any time by giving notice in writing to the person to whom the authorisation was given.

7

An authorisation may be withdrawn under sub-paragraph (6) only if the Welsh Ministers —

a

have reasonable grounds to believe that the event will not be held, or is not being held, in accordance with a requirement, restriction or other condition specified by them, or

b

consider that it is necessary and proportionate to withdraw the authorisation for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection by coronavirus.

F54PART 3Restrictions on travelling

Annotations:

Restriction on travel to and from Alert Level 2 areaF546

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 4Restrictions on certain businesses and services

Closure of premises used by certain businesses and servicesI457

1

A person responsible for carrying on or providing a business or service listed in paragraph 9 F271... must—

a

close to members of the public any premises operated as part of the business or service, and

b

not carry on the business or service at such premises otherwise than in accordance with this regulation.

2

Sub-paragraph (1) does not prevent—

a

carrying out maintenance and repairs or other work to ensure premises are suitable for use when sub-paragraph (1) no longer applies to the premises;

b

the use of premises for any purpose as may be requested or authorised by the Welsh Ministers or a local authority;

c

the use of premises to broadcast without an audience present at the premises (whether over the internet or as part of a radio or television broadcast) or to rehearse F48... ;

d

the use of premises for the provision of services or information (including the sale, hire or delivery of goods or services)—

i

through a website, or otherwise by on-line communication,

ii

by telephone, including by text message, or

iii

by post.

3

Where—

a

a person responsible for carrying on a business (“business A”) is required by virtue of this paragraph to cease carrying on business A at premises, and

b

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

the requirement in this paragraph is complied with if the person responsible for carrying on business B ceases to carry on business A at the premises.

Restrictions on licensed premisesF868

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Businesses or services whose premises must be closedI469

Nightclubs, discotheques, dance halls or other venues authorised for the sale or supply of alcohol where live or recorded music is provided for members of the public or members of the venue to dance.

Annotations:
Commencement Information
I46

Sch. 2 para. 9 in force at 20.12.2020, see reg. 1(3)

F27210

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F27311

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F63SCHEDULE 3Alert Level 3 Restrictions

Regulation 4(4)

Annotations:
Amendments (Textual)

PART 1Restrictions on gathering

Restriction on gatherings in private dwellings1

1

No person may, without a reasonable excuse, participate in a gathering in a private dwelling unless all the persons participating in the gathering are members of the same household or extended household.

2

But a person may participate in such a gathering outdoors if the gathering consists of no more than 6 persons.

3

In determining, for the purposes of sub-paragraph (2), the number of persons participating in a gathering no account is to be taken of—

a

any children under the age of 11, as long as the persons participating in the gathering (including any children under the age of 11) are from no more than 6 households, or

b

the carer of a person who is participating in the gathering.

4

For the purposes of sub-paragraph (1), a person has a reasonable excuse if—

a

the person is participating in the gathering for a purpose that is reasonably necessary and there is no reasonably practicable alternative, or

b

one of the circumstances in sub-paragraph (6) applies.

5

Examples of purposes for which it may be reasonably necessary for a person to participate in a gathering include—

a

obtaining or providing medical assistance, or accessing veterinary services;

b

meeting a legal obligation;

c

providing, receiving or accessing care or assistance, including childcare or 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;

d

in relation to children who do not live in the same household as their parents, or one of their parents, continuing 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;

e

moving home;

f

undertaking activities in connection with the purchase, sale, letting or rental of residential property;

g

accessing or receiving educational services.

6

The circumstances referred to in sub-paragraph (4)(b) are that the person is—

a

providing or receiving emergency assistance;

b

avoiding illness, injury or other risk of harm;

c

working or providing voluntary or charitable services, or obtaining services from a person working or providing voluntary or charitable services;

d

participating in a gathering of no more than 4 people where all the persons in the gathering—

i

live in the same premises, and

ii

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

7

This paragraph does not apply to a person who is homeless.

Restriction on gatherings in holiday or travel accommodation2

1

No person may, without reasonable excuse, participate in a gathering which takes place in holiday or travel accommodation unless all the persons participating in the gathering are members of the same household or extended household.

2

But a person may participate in such a gathering outdoors if the gathering consists of no more than 6 persons.

3

In determining, for the purposes of sub-paragraph (2), the number of persons participating in a gathering no account is to be taken of—

a

any children under the age of 11, as long as the persons participating in the gathering (including any children under the age of 11) are from no more than 6 households, or

b

the carer of a person who is participating in the gathering.

4

For the purposes of sub-paragraph (1), a person has a reasonable excuse if—

a

the person is participating in the gathering for a purpose that is reasonably necessary and there is no reasonably practicable alternative, or

b

one of the circumstances in sub-paragraph (6) applies.

5

Examples of purposes for which it may be reasonably necessary for a person to participate in a gathering include—

a

obtaining or providing medical assistance, or accessing veterinary services;

b

meeting a legal obligation;

c

providing, receiving or accessing care or assistance, including childcare or 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;

d

in relation to children who do not live in the same household as their parents, or one of their parents, continuing 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.

6

The circumstances referred to in sub-paragraph (4)(b) are that the person is—

a

providing or receiving emergency assistance;

b

avoiding illness, injury or other risk of harm;

c

working or providing voluntary or charitable services;

d

attending a solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony—

i

as a party to the marriage, civil partnership or alternative wedding,

ii

if invited to attend, or

iii

as the carer of a person attending;

e

participating in an indoor gathering of no more than 15 people at holiday or travel accommodation, not counting persons under the age of 11 or persons working at the premises, to—

i

celebrate a solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony that took place on or after 26 March 2020;

ii

celebrate the life of a deceased person whose funeral is held on or after 26 March 2020,

at which no alcohol is consumed;

f

participating in an outdoor gathering of no more than 30 people at holiday or travel accommodation, not counting persons under the age of 11 or persons working at the premises, to—

i

celebrate a solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony that took place on or after 26 March 2020;

ii

celebrate the life of a deceased person whose funeral is held on or after 26 March 2020;

g

participating in or facilitating F126a regulated gathering that takes place F158to any extent indoors and at which—

i

no more than 15 people are in attendance, not counting persons under the age of 11 or persons working, or providing voluntary services, F128at the gathering, and

ii

no alcohol is consumed;

h

participating in or facilitating F127a regulated gathering that takes place F159... outdoors and at which—

i

no more than 30 people are in attendance, not counting persons under the age of 11 or persons working, or providing voluntary services, F129at the gathering, and

ii

no alcohol is consumed;

i

attending or facilitating an event authorised by the Welsh Ministers in accordance with paragraph 6.

7

This paragraph does not apply to a person who is homeless.

Restriction on gatherings in public places3

1

No person may, without a reasonable excuse, participate in a gathering in premises to which neither paragraph 1 nor 2 applies unless all the persons participating in the gathering are members of the same household.

2

But a person may participate in such a gathering—

a

outdoors in regulated premises if the gathering consists of no more than 6 persons;

b

outdoors other than in regulated premises if—

i

the gathering consists of no more than 6 persons, or

ii

all the persons participating in the gathering are members of the same extended household.

3

In determining, for the purposes of sub-paragraph (2), the number of persons participating in a gathering no account is to be taken of—

a

any children under the age of 11, as long as the persons participating in the gathering (including any children under the age of 11) are from no more than 6 households, or

b

the carer of a person who is participating in the gathering.

4

For the purposes of sub-paragraph (1), a person has a reasonable excuse if—

a

the person is participating in the gathering for a purpose that is reasonably necessary and there is no reasonably practicable alternative, or

b

one of the circumstances in sub-paragraph (6) applies.

5

Examples of purposes for which it may be reasonably necessary for a person to participate in a gathering include—

a

obtaining or providing medical assistance, or accessing veterinary services;

b

working or providing voluntary or charitable services;

c

meeting a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings;

d

providing, receiving or accessing care or assistance, including childcare or 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

in relation to children who do not live in the same household as their parents, or one of their parents, continuing 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;

f

moving home;

g

undertaking activities in connection with the purchase, sale, letting or rental of residential property;

h

accessing or receiving public services;

i

accessing or receiving educational services;

j

visiting a person who is resident in a care home, with the permission of the service provider.

6

The circumstances referred to in sub-paragraph (4)(b) are that the person is—

a

providing or receiving emergency assistance;

b

avoiding illness, injury or other risk of harm;

c

attending a solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony—

i

as a party to the marriage, civil partnership or alternative wedding,

ii

if invited to attend, or

iii

as the carer of a person attending;

d

attending 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;

e

participating in an indoor gathering of no more than 15 people at regulated premises, not counting persons under the age of 11 or persons working at the premises, to—

i

celebrate a solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony that took place on or after 26 March 2020;

ii

celebrate the life of a deceased person whose funeral is held on or after 26 March 2020,

at which no alcohol is consumed;

f

participating in an outdoor gathering of no more than 30 people at regulated premises, not counting persons under the age of 11 or persons working at the premises, to—

i

celebrate a solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony that took place on or after 26 March 2020;

ii

celebrate the life of a deceased person whose funeral is held on or after 26 March 2020;

g

attending a place of worship;

h

an elite athlete and is training or competing;

i

providing coaching or other support to an elite athlete, or providing support at an elite sporting event;

j

participating in or facilitating F130a regulated gathering that takes place F160to any extent indoors and at which—

i

no more than 15 people are in attendance, not counting persons under the age of 11 or persons working, or providing voluntary services, F131at the gathering, and

ii

no alcohol is consumed;

k

participating in or facilitating F132a regulated gathering that takes place F161... outdoors and at which—

i

no more than 30 people are in attendance, not counting persons under the age of 11 or persons working, or providing voluntary services, F133at the gathering, unless the gathering is organised for the purposes of protest, or picketing carried out in accordance with the Trade Union and Labour Relations (Consolidation) Act 1992, and

ii

no alcohol is consumed;

l

participating in or facilitating F134a regulated gathering for the development or well-being of persons who were aged under 18 on 31 August 2020 (including sports, music and other recreational activities such as those provided for children outside of school hours and during school holidays);

m

attending or facilitating an event authorised by the Welsh Ministers in accordance with paragraph 6.

7

This paragraph does not apply to a person who is homeless.

Extended households4

1

2 households may agree to be treated as an extended household.

2

In addition to the 2 households who may agree to be treated as an extended household under sub-paragraph (1), 1 well-being needs household may also agree to be treated as part of that extended household.

3

To agree to be treated as an extended household, all members of the households must agree.

4

A household may only agree to be treated as being in 1 extended household at any one time.

5

Where a household has agreed to be treated as an extended household with any other households under paragraph 3 of Schedule 1 (“the previous extended household”), it may make an agreement under this paragraph only with those other households, unless a period of at least 10 days has expired since any member of the household last participated in a gathering with a member of those households in reliance on being treated as part of the previous extended household.

6

Where households have agreed to be treated as an extended household under—

a

paragraph 3 of Schedule 2,

b

paragraph 4 of Schedule 3A F100(despite its revocation by the Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 9) Regulations 2021), or

c

paragraph 3 of Schedule 4,

those households are to be treated as having agreed to be treated as an extended household under this paragraph.

7

A household ceases to be treated as part of an extended household if any member of the household ceases to agree to be treated as part of the extended household.

8

Sub-paragraph (9) applies where—

a

a person who would be, or is, a member of an extended household is a child, and

b

a person who has parental responsibility for the child (“P”) is a member of the child’s household.

9

Where this sub-paragraph applies—

a

the agreement required by sub-paragraph (3) is to be given by P (and not the child), and

b

a household ceases to be treated as part of an extended household in accordance with sub-paragraph (7) if P ceases to agree to be treated as part of the extended household (whether or not the child also ceases to agree).

10

If a household ceases to be treated as part of an extended household, the household may not agree to be treated as part of an extended household with any other household unless a period of at least 10 days has expired since any member of the household last participated in a gathering with any member of another household in reliance on being treated as part of an extended household with that household.

11

In this Schedule, references to an extended household are references to an extended household formed under or by virtue of this paragraph.

12

In this paragraph, “well-being needs household” means—

a

a single adult household;

b

a household comprising of 1 or more children and no adults.

PART 2Restrictions on organising events

Prohibition on organising events5

F1621

No person may, without a reasonable excuse, be involved in organising an event unless—

a

the event is regulated (see regulation 57(7)),

b

the event is held outdoors, and

c

no more than 30 people attend at any time.

1A

For the purposes of this paragraph, a person working, or providing voluntary services, in relation to the holding of an event is not to be treated as attending the event.

F1632

Sub-paragraph (1) does not apply to a person involved in organising—

a

an event held at a private dwelling at which people do not participate in a gathering in contravention of paragraph 1;

b

an event authorised by the Welsh Ministers under paragraph 6;

c

a solemnisation of a marriage, formation of a civil partnership or an alternative wedding ceremony;

d

a funeral;

e

an indoor gathering of no more than 15 people at regulated premises, or an outdoor gathering of no more than 30 people at such premises, not counting (in either case) persons under the age of 11 or persons working at the premises, to—

i

celebrate a solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony that took place on or after 26 March 2020;

ii

celebrate the life of a deceased person whose funeral is held on or after 26 March 2020;

f

a regulated gathering that takes place to any extent indoors and at which—

i

no more than 15 people are in attendance, not counting persons under the age of 11 or persons working, or providing voluntary services, at the gathering, and

ii

no alcohol is consumed;

g

a regulated gathering that takes place outdoors and at which—

i

no more than 30 people are in attendance, not counting persons under the age of 11 or persons working, or providing voluntary services, at the gathering, unless the gathering is organised for the purposes of protest, or picketing carried out in accordance with the Trade Union and Labour Relations (Consolidation) Act 1992, and

ii

no alcohol is consumed;

h

a regulated gathering, in premises other than holiday or travel accommodation, for the development or well-being of children (including sports, music and other recreational activities such as those provided for children outside of school hours and during school holidays).

3

For the purposes of sub-paragraph (1)—

a

a person is not involved in organising an event if the person’s only involvement is attending it;

b

a reasonable excuse includes where the person has taken all reasonable measures to ensure that no more than F16430 people are present at the event at any time;

F135c

where—

i

a market, or

ii

a religious service,

is held in premises ordinarily used for that purpose or outdoors, it is not to be treated as an event;

d

the following are not to be treated as events—

i

the showing of a film at a drive-in cinema;

ii

a performance at a drive-in theatre;

iii

an elite sporting event at which the only people present are elite athletes and persons working or providing voluntary services at the event.

Authorised events6

F1371

The Welsh Ministers may give authorisation in writing for an event to be held.

F1382

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

An authorisation may be given under sub-paragraph (1) in relation to a particular event or a particular description of events.

4

An authorisation under sub-paragraph (1)—

a

must be given to a person the Welsh Ministers consider is responsible for organising the event, and

b

may require the event to be held in accordance with any requirements, restrictions or other conditions as may be specified by the Welsh Ministers.

F1364A

A requirement, restriction or other condition specified by the Welsh Ministers in an authorisation given under sub-paragraph (1) may modify F216regulation 16 (requirement to take all reasonable measures to minimise exposure to coronavirus) for a specified period in so far as it applies to the premises at which the event is held.

5

The Welsh Ministers must publish—

a

an authorisation given under sub-paragraph (1), and

b

details of any requirements, restrictions or other conditions specified by the Welsh Ministers in relation to an event to be held under the authorisation.

6

The Welsh Ministers may withdraw an authorisation at any time by giving notice in writing to the person to whom the authorisation was given.

7

An authorisation may be withdrawn under sub-paragraph (6) only if the Welsh Ministers —

a

have reasonable grounds to believe that the event will not be held, or is not being held, in accordance with a requirement, restriction or other condition specified by them, or

b

consider that it is necessary and proportionate to withdraw the authorisation for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection by coronavirus.

PART 3Restrictions on certain businesses and services

CHAPTER 1Businesses or services whose premises are required to be closed but to which limited access may be allowed

Closure of indoor premises of food and drink businesses7

1

A person responsible for carrying on a business which is listed in paragraphs 11 to 13 (food and drink businesses) must close to members of the public any part of its premises which is indoors and used for the consumption of food or drink.

2

Sub-paragraph (1) does not prevent—

a

the use of premises for—

i

the sale of food and drink for consumption off the premises, or

ii

services providing food or drink to homeless people;

b

the provision of room service at a hotel or other accommodation (where the hotel or other accommodation continues to operate in accordance with the exceptions allowed by paragraph 8);

c

a workplace canteen from being open where there is no practical alternative for staff at that workplace to obtain food or drink;

d

the use of premises for any purpose as may be requested or authorised by the Welsh Ministers or a local authority;

e

the carrying out of maintenance and repairs or other work to ensure premises are suitable for use when sub-paragraph (1) no longer applies to the premises.

3

Sub-paragraph (1) does not apply to—

a

cafés and canteens at a hospital, care home, school or within accommodation provided for students;

b

canteens at a prison or an establishment intended for use for naval, military or air force purposes or for the purposes of the Department of the Secretary of State responsible for defence.

4

For the purposes of sub-paragraph (1), an indoor area adjacent to the premises of the business where seating is made available for customers of the business (whether or not by the business) is to be treated as part of the premises of that business.

5

Where—

a

a person responsible for carrying on a business (“business A”) is required by virtue of this paragraph to cease carrying on business A at premises, and

b

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

the requirement in this paragraph is complied with if the person responsible for carrying on business B ceases to carry on business A at the premises.

Closure of holiday or travel accommodation that is not self-contained8

1

A person responsible for carrying on a business which is listed in paragraphs 14 to 17 (holiday or travel accommodation) must—

a

close to members of the public any premises operated as part of the business, and

b

not carry on business at such premises otherwise than in accordance with this paragraph.

2

But sub-paragraph (1) does not prevent the use of premises for the provision of accommodation—

a

in a camping site or holiday site, provided that the only shared facilities used by guests at the camping site or holiday site are water points and waste disposal points, or

b

in separate and self-contained premises.

3

And sub-paragraph (1) does not prevent—

a

carrying out maintenance and repairs or other work to ensure premises are suitable for use when sub-paragraph (1) no longer applies to the premises;

b

the use of premises for any purpose as may be requested or authorised by the Welsh Ministers or a local authority;

c

the provision of accommodation for any persons staying in that accommodation when this paragraph most recently began to apply to the area in which the accommodation is situated and who—

i

are unable to return to their main residence, or

ii

are using the accommodation as their main residence;

d

the use of premises to 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.

4

Premises are separate and self-contained for the purposes of this paragraph only if—

a

they are provided for persons who are members of the same household or extended household, and

b

none of the following are shared with the members of any other household—

i

kitchens,

ii

sleeping areas,

iii

bathrooms, or

iv

indoor communal areas.

5

In this paragraph—

a

a reception area is not to be treated as a shared facility for the purposes of sub-paragraph (2)(a);

b

“communal areas” includes any area of the premises that is open to the public, but does not include a reception area or corridors, lifts and staircases used to access other parts of the premises.

6

Where—

a

a person responsible for carrying on a business (“business A”) is required by virtue of this paragraph to cease carrying on business A at premises, and

b

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

the requirement in this paragraph is complied with if the person responsible for carrying on business B ceases to carry on business A at the premises.

CHAPTER 2Businesses or services whose premises are required to be closed

Closure of businesses and services9

1

A person responsible for carrying on a business or providing a service which is listed in paragraphs 18 to 35 must—

a

close to members of the public any premises operated as part of the business or service, and

b

not carry on the business or service at such premises otherwise than in accordance with this paragraph.

2

In its application to a business or service listed in paragraphs 27 (funfairs, amusement parks and theme parks), 28 (holiday, leisure activity or events businesses), 29 (museums and galleries), 32 (trampoline parks and centres), F101... 34 (venues for events or conferences (including venues for weddings)) and 35 (visitor attractions), sub-paragraph (1) does not apply to—

a

a public outdoor area of the premises, or

b

a public indoor area of the premises where it is necessary for the indoor area to be open—

i

to allow access to a public outdoors area,

ii

for health and safety reasons, or

iii

to ensure that the requirements in Part 4 of these Regulations are complied with in relation to the premises.

3

Sub-paragraph (1) does not prevent—

a

carrying out maintenance and repairs or other work to ensure premises are suitable for use when sub-paragraph (1) no longer applies to the premises;

b

the use of premises for any purpose as may be requested or authorised by the Welsh Ministers or a local authority;

c

the use of premises to broadcast without an audience present at the premises (whether over the internet or as part of a radio or television broadcast) or to rehearse;

d

the use of premises for the provision of goods or services (including their sale, hire, collection or delivery) in response to an order or enquiry made—

i

through a website, or otherwise by on-line communication,

ii

by telephone, including by text message, or

iii

by post;

e

the use of premises for the provision of information—

i

through a website, or otherwise by on-line communication,

ii

by telephone, including by text message, or

iii

by post.

F1024

Despite sub-paragraph (1), a person responsible for carrying on a business or providing a service listed in paragraph 28 (holiday, leisure activity or events businesses) may open the indoor areas of its premises to the public, but only for the purposes of facilitating F139a regulated gathering for the development or well-being of persons who were aged under 18 on 31 August 2020 (including sports, music and other recreational activities such as those provided for children outside of school hours and during school holidays).

5

Where—

a

a person responsible for carrying on a business (“business A”) is required by virtue of this paragraph to cease carrying on business A at premises, and

b

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

the requirement in this paragraph is complied with if the person responsible for carrying on business B ceases to carry on business A at the premises.

CHAPTER 3Businesses and services whose premises are exempt from the requirement to close

F105Exemption from the requirement to be closed: venues for weddings and celebrations of life of deceased10

Despite the preceding provisions of this Part—

a

premises used as a venue for the solemnisation of a marriage, formation of civil partnership or alternative wedding ceremony, or the celebration of such an event, may open to the public—

i

to the extent that this is required for the purposes of the solemnisation of a marriage, formation of civil partnership or alternative wedding ceremony at the premises, or the celebration of such an event at the premises;

ii

for the purposes of enabling a person to visit the premises, by appointment, with a view to booking the premises for the solemnisation of a marriage, formation of civil partnership or alternative wedding ceremony, or for the celebration of such an event;

b

premises used as a venue for the celebration of the life of a deceased person may open to the public to the extent that this is required for such a celebration at the premises.

CHAPTER 4List of closed or partially closed premises

Closed or partially closed premisesFood and drink businesses

11

Bars (including bars in members’ clubs).

12

Public houses.

13

Cafes, canteens and restaurants (including workplace canteens and dining rooms in members’ clubs).

Holiday or travel accommodation

14

Camping sites.

15

Holiday sites.

16

Hotels and bed and breakfast accommodation.

17

Other holiday accommodation (including holiday apartments, hostels and boarding houses).

Leisure and social etc.

18

Nightclubs, discotheques, dance halls or other venues authorised for the sale or supply of alcohol where live or recorded music is provided for members of the public or members of the venue to dance.

19

Sexual entertainment venues (within the meaning given by paragraph 2A of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982).

20

Cinemas, other than drive in cinemas.

21

Concert halls and theatres, other than drive in theatres.

22

Casinos.

23

Bingo halls.

24

Amusement arcades.

25

Bowling alleys.

26

Indoor play centres or areas.

27

Funfairs, amusement parks and theme parks.

28

Holiday, leisure activity or events businesses.

29

Museums and galleries.

30

Ice skating rinks.

31

Trampoline parks and centres.

32

Indoor skate parks and centres.

F9533

Steam rooms.

34

Venues for events or conferences (including venues for weddings).

35

Visitor attractions.

F94SCHEDULE 3ATemporary Alert Level 3 Restrictions

Regulation 4(6A)

Annotations:
Amendments (Textual)

F94PART 1Restriction on gathering

Restriction on gatherings in private dwellingsF941

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restriction on gatherings in holiday or travel accommodationF942

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restriction on gatherings in public placesF943

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extended householdsF944

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F94PART 2Restrictions on organising events

Prohibition on organising eventsF945

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Authorised eventsF945A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F94PART 3Restrictions on travelling

Restriction on travel to and from Alert Level 3 areaF946

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F94PART 4Restrictions on certain businesses and services

F94CHAPTER 1Businesses or services whose premises are required to be closed but to which limited access may be allowed

Closure of indoor premises of food and drink businessesF947

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Closure of holiday or travel accommodation that is not self-containedF948

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Closure of community centres ...F949

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F94CHAPTER 2Businesses or services whose premises are required to be closed

Closure of businesses and servicesF9410

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F94CHAPTER 3Businesses and services whose premises are exempt from the requirement to close

Exemption from the requirement to be closedF9411

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F94CHAPTER 4List of closed premises

F94Closed premises

Food and drink businesses

F9412

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9413

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9414

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Holiday or travel accommodation

F9415

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9416

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9417

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9418

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Public services etc.

F9419

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9420

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Personal services etc.

F9421

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9422

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9423

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Leisure and social etc.

F9424

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9425

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9426

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9427

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9428

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9429

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9430

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9431

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9432

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9433

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9434

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9435

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9436

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9437

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9438

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9439

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9440

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9441

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sports and exercise.

F9442

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9443

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9444

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Retail etc.

F9445

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9446

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9447

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F94Exempt premises

Public services etc.

F9448

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9449

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9450

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Food and drink businesses

F9451

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9452

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Retail etc.

F9453

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9454

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9455

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9456

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9457

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9458

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9459

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9460

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9461

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9462

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9463

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9464

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9465

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9466

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 4Alert Level 4 Restrictions

Regulation 4(5)

PART 1Restrictions on movement and gathering with others

Requirement to stay at homeI471

1

No person may, without a reasonable excuse, leave the place where they are living or remain away from that place.

2

For the purposes of sub-paragraph (1), a person has a reasonable excuse if—

a

the person leaves or remains away from the place where they are living for a purpose that is reasonably necessary and there is no reasonably practicable alternative, or

b

one of the circumstances in sub-paragraph (4) applies.

3

Examples of purposes for which it may be reasonably necessary for a person to leave or remain away from the place where they are living include—

a

obtaining supplies from a business or service listed in paragraphs 55 to 66 , including—

i

food and medical supplies for those in the same household or extended household (including animals in the household or extended household) or for vulnerable persons;

ii

supplies for the essential upkeep, maintenance and functioning of the household or extended household, or the household of a vulnerable person;

b

obtaining or providing medical assistance, or accessing veterinary services;

c

working or providing voluntary or charitable services;

d

meeting a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings;

e

providing, receiving or accessing care or assistance, including childcare or 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;

f

in relation to children who do not live in the same household as their parents, or one of their parents, continuing 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;

g

moving home;

h

obtaining money from or depositing money with any business or service listed in paragraph 39(g) of Schedule 7;

i

viewing a property in connection with the purchase, sale, letting or rental of the property;

j

undertaking activities in connection with the purchase, sale, letting or rental of residential property;

k

accessing or receiving public services;

l

accessing or receiving educational services.

4

The circumstances referred to in sub-paragraph (2)(b) are that the person is—

a

providing or receiving emergency assistance;

b

avoiding illness, injury or other risk of harm;

c

attending a solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony —

i

as a party to the marriage, civil partnership or alternative wedding,

ii

if invited to attend, or

iii

as the carer of a person attending;

d

attending 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;

e

attending a place of worship;

f

exercising, either—

i

alone,

ii

with other members of the person's household or extended household, F141...

iii

with the person's carer F142, or

F140iv

with 1 other person who is not a member of the person’s household or extended household or the person’s carer, and any children under the age of 11 who are members of either person’s household;

g

an elite athlete and is training or competing;

h

providing coaching or other support to an elite athlete, or providing support at—

i

an elite sporting event, or

ii

a sporting event taking place outside Wales;

i

travelling to vote in an election;

j

travelling to or from, or is present at, a place where a member of their extended household is living.

5

In sub-paragraph (4)(f)—

a

exercise must start and finish at the place where the person is living or where a member of the person's extended household is living, or

b

where, for reasons of physical or mental illness or impairment, or a disability (within the meaning of section 6 of the Equality Act 2010), the person needs to exercise in another place, exercise must take place in an area local to the place where the person is living.

6

This paragraph does not apply to a person who is homeless.

Requirement not to gather with other peopleI482

1

No person may, without a reasonable excuse, gather with any other person apart from—

a

members of their household,

b

their carer, or

c

a person they are providing care to.

2

For the purposes of sub-paragraph (1), a person has a reasonable excuse if—

a

the person is gathering with other people for a purpose that is reasonably necessary and there is no reasonably practicable alternative, or

b

one of the circumstances in sub-paragraph (4) applies.

3

Examples of purposes for which it may be reasonably necessary for a person to participate in a gathering include—

a

obtaining or providing medical assistance, or accessing veterinary services;

b

working or providing voluntary or charitable services;

c

meeting a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings;

d

providing, receiving or accessing care or assistance, including childcare or 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

in relation to children who do not live in the same household as their parents, or one of their parents, continuing existing arrangements for access to, and contact between, parents and children, and for the purposes of this sub-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;

f

moving home;

g

viewing a property in connection with the purchase, sale, letting or rental of the property;

h

undertaking activities in connection with the purchase, sale, letting or rental of residential property;

i

accessing or receiving public services;

j

accessing or receiving educational services;

k

avoiding illness, injury or other risk of harm.

4

The circumstances referred to in sub-paragraph (2)(b) are that the person is—

a

providing or receiving emergency assistance;

b

attending a solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony—

i

as a party to the marriage, civil partnership or wedding,

ii

if invited to attend, or

iii

as the carer of a person attending;

c

attending 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;

d

attending a place of worship;

e

an elite athlete and is training or competing;

f

providing coaching or other support to an elite athlete, or providing support at an elite sporting event;

g

participating in a gathering with members of their extended household at a place where members of the extended household are living;

h

participating in a gathering of no more than 4 people where all the persons in the gathering—

i

live in the same premises, and

ii

share toilet, washing, dining or cooking facilities with each other;

F32i

exercising outdoors, except in a private dwelling, with—

i

members of the person’s extended household, F144or

F143ii

1 other person and any children under the age of 11 who are members of either person’s household,

together with any carer of a person participating who is present.

5

This paragraph does not apply to a person who is homeless.

Extended householdsI493

1

A F43well-being needs household and another household may agree to be treated as an extended household.

2

To agree to be treated as an extended household, all F49members of the households must agree.

3

A household may only agree to be treated as being in 1 extended household F33at any one time.

4

Where a F44well-being needs household has agreed to be treated as an extended household with up to—

a

3 other households under paragraph 3 of Schedule 1, or

b

2 other households under—

i

paragraph 3 of Schedule 2, or

ii

paragraph 3 of Schedule 3,

F34(“the previous extended household”), an agreement under this paragraph may be made only between the F44well-being needs household and 1 of those other households F35unless a period of at least 10 days has expired since any member of the F44well-being needs household last participated in a gathering with a member of those households in reliance on being treated as part of the previous extended household.

5

A household ceases to be treated as F36part of an extended household if any F50... member of the household ceases to agree to be treated as F36part of the extended household.

F515A

Sub-paragraph (5B) applies where—

a

a person who would be, or is, a member of an extended household is a child, and

b

a person who has parental responsibility for the child (“P”) is a member of the child’s household.

5B

Where this sub-paragraph applies—

a

the agreement required by sub-paragraph (2) is to be given by P (and not the child), and

b

a household ceases to be treated as part of an extended household in accordance with sub-paragraph (5) if P ceases to agree to be treated as part of the extended household (whether or not the child also ceases to agree).

6

If a household ceases to be treated as F37part of an extended household, the household may not agree to be treated as F37part of an extended household with any other household F38unless a period of at least 10 days has expired since any member of the household last participated in a gathering with any member of another household in reliance on being treated as part of an extended household with that household.

7

In this Schedule, references to an extended household are references to an extended household formed under or by virtue of this paragraph.

F428

In this paragraph, “well-being needs household” means—

a

a single adult household;

b

a household comprising of 1 or more children and no adults.

PART 2Restrictions on organising events

Prohibition on organising eventsI504

F1651

No person may, without a reasonable excuse, be involved in organising an event unless—

a

the event is regulated (see regulation 57(7)),

b

the event is held outdoors, and

c

no more than 30 people attend at any time.

1A

For the purposes of this paragraph, a person working, or providing voluntary services, in relation to the holding of an event is not to be treated as attending the event.

F1662

Sub-paragraph (1) does not apply to a person involved in organising—

a

an event held at a private dwelling at which people do not participate in a gathering in contravention of paragraph 2;

b

an elite sporting event authorised by the Welsh Ministers under paragraph 5;

c

a solemnisation of a marriage, formation of a civil partnership or an alternative wedding ceremony;

d

a funeral.

3

For the purposes of sub-paragraph (1)—

a

a person is not involved in organising an event if the person's only involvement is attending it;

b

a reasonable excuse includes where the person has taken all reasonable measures to ensure that no more than F16730 people are present at the event at any time;

F145c

where—

i

a market, or

ii

a religious service,

is held in premises ordinarily used for that purpose or outdoors, it is not to be treated as an event.

Authorised elite sporting eventsI515

1

The Welsh Ministers may give authorisation in writing for an elite sporting event to be held.

2

An authorisation under sub-paragraph (1)—

a

must be given to a person the Welsh Ministers consider is responsible for organising the event, and

b

may require the event to be held in accordance with any requirements, restrictions or other conditions as may be specified by the Welsh Ministers.

3

The Welsh Ministers must publish—

a

an authorisation given under sub-paragraph (1), and

b

details of any requirements, restrictions or other conditions specified by the Welsh Ministers in relation to the event.

4

The Welsh Ministers may withdraw an authorisation at any time by giving notice in writing to the person to whom the authorisation was given.

5

An authorisation may be withdrawn under sub-paragraph (4) only if the Welsh Ministers —

a

have reasonable grounds to believe that the event will not be held, or is not being held, in accordance with a requirement, restriction or other condition specified by them, or

b

consider that it is necessary and proportionate to withdraw the authorisation for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection by coronavirus.

Annotations:
Commencement Information
I51

Sch. 4 para. 5 in force at 20.12.2020, see reg. 1(3)

F55PART 3Restrictions on travel

Annotations:

Restriction on travel to Alert Level 4 areaF556

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52PART 3ARestrictions on attending schools and further education institutions

Annotations:
Amendments (Textual)
F52

Sch. 4 Pt. 3A omitted (13.3.2021 immediately before the start of the day) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 5) Regulations 2021 (S.I. 2021/307), regs. 1(2), 2(7)(b)

Restriction on attending school premises6A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restriction on attending further education premises6B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement6C

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation of Part 3A6D

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 4Restrictions on certain businesses and services

CHAPTER 1Business and services whose premises must be closed but to which limited access may be allowed

Closure of food and drink businessesI527

1

A person responsible for carrying on a business which is listed in paragraphs 12 to 14 (food and drink businesses) must—

a

close to members of the public any premises operated as part of the business, and

b

not carry on business at such premises otherwise than in accordance with this paragraph.

2

Sub-paragraph (1) does not prevent—

a

the use of premises for—

i

the sale of food and drink for consumption off the premises, or

ii

services providing food or drink to homeless people;

b

the provision of room service at a hotel or other accommodation (where the hotel or other accommodation continues to operate in accordance with the exceptions allowed by paragraph 8);

c

a workplace canteen from being open where there is no practical alternative for staff at that workplace to obtain food or drink;

d

the carrying out of maintenance and repairs or other work to ensure premises are suitable for use when sub-paragraph (1) no longer applies to the premises.

3

For the purposes of sub-paragraph (1), an indoor area adjacent to the premises of the business where seating is made available for customers of the business (whether or not by the business) is to be treated as part of the premises of that business.

4

Where—

a

a person responsible for carrying on a business (“business A”) is required by virtue of this paragraph to cease carrying on business A at premises, and

b

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

the requirement in this paragraph is complied with if the person responsible for carrying on business B ceases to carry on business A at the premises.

Annotations:
Commencement Information
I52

Sch. 4 para. 7 in force at 20.12.2020, see reg. 1(3)

Closure of holiday or travel accommodationI538

1

A person responsible for carrying on a business which is listed in paragraphs 15 to 18 (holiday or travel accommodation) must—

a

close to members of the public any premises operated as part of the business, and

b

not carry on business at such premises otherwise than in accordance with this regulation.

2

Sub-paragraph (1) does not prevent—

a

carrying out maintenance and repairs or other work to ensure premises are suitable for use when sub-paragraph (1) no longer applies to the premises;

b

the use of premises for any purpose as may be requested or authorised by the Welsh Ministers or a local authority;

c

the provision of accommodation for any persons staying in that accommodation when this paragraph most recently began to apply to the area in which the accommodation is situated and who—

i

are unable to return to their main residence, or

ii

are using the accommodation as their main residence;

d

the use of premises to 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.

3

Where—

a

a person responsible for carrying on a business (“business A”) is required by virtue of this paragraph to cease carrying on business A at premises, and

b

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

the requirement in this paragraph is complied with if the person responsible for carrying on business B ceases to carry on business A at the premises.

Annotations:
Commencement Information
I53

Sch. 4 para. 8 in force at 20.12.2020, see reg. 1(3)

Closure of community centres F58...I549

1

A person responsible for premises that are of a kind listed in F59paragraph 19 must ensure that the premises are closed to members of the public, except for the uses permitted by F60sub-paragraph (2).

2

A community centre may be open—

a

to provide essential voluntary services, or

b

to provide public services upon the request of the Welsh Ministers or a local authority.

F613

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F614

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

In this paragraph, “public services” includes the provision of food banks or other support for homeless or vulnerable people, childcare, blood donation sessions or support in an emergency.

CHAPTER 2Businesses or services whose premises are required to be closed

Closure of businesses and servicesI5510

1

A person responsible for carrying on a business or providing a service which is listed in paragraphs 21 to 48 must—

a

close to members of the public any premises operated as part of the business or service, and

b

not carry on the business or service at such premises otherwise than in accordance with this paragraph.

2

Sub-paragraph (1) does not prevent—

a

carrying out maintenance and repairs or other work to ensure premises are suitable for use when sub-paragraph (1) no longer applies to the premises;

b

the use of premises for any purpose as may be requested or authorised by the Welsh Ministers or a local authority;

c

the use of premises to broadcast without an audience present at the premises (whether over the internet or as part of a radio or television broadcast) or to rehearse for such a broadcast;

d

the use of premises for the provision of goods or services (including their sale, hire, collection or delivery) in response to an order or enquiry made—

i

through a website, or otherwise by on-line communication,

ii

by telephone, including by text message, or

iii

by post;

e

the use of premises for the provision of information—

i

through a website, or otherwise by on-line communication,

ii

by telephone, including by text message, or

iii

by post.

3

Where—

a

a person responsible for carrying on a business (“business A”) is required by virtue of this paragraph to cease carrying on business A at premises, and

b

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

the requirement in this paragraph is complied with if the person responsible for carrying on business B ceases to carry on business A at the premises.

Annotations:
Commencement Information
I55

Sch. 4 para. 10 in force at 20.12.2020, see reg. 1(3)

CHAPTER 3Business and services whose premises are exempt from the requirement to close

Exemption from the requirement to be closedI5611

1

Despite the preceding provisions of this Part, premises operated by businesses or services listed in paragraphs 49 to 66 may continue to be open.

2

And shopping centres, shopping arcades and markets may be open to the public to the extent that this is required for access to a business or service listed in paragraphs 49 to 66.

3

A person responsible for premises authorised for the sale or supply of alcohol for consumption off the premises may not sell or supply alcohol between 10.00 p.m. and 6.00 a.m.

4

Sub-paragraph (3) does not allow the person responsible for the premises to sell or supply alcohol in contravention of an authorisation granted or given in respect of the premises.

Annotations:
Commencement Information
I56

Sch. 4 para. 11 in force at 20.12.2020, see reg. 1(3)

CHAPTER 4List of closed premises

Closed premises

Food and drink businesses

I5712

Bars (including bars in members' clubs).

Annotations:
Commencement Information
I57

Sch. 4 para. 12 in force at 20.12.2020, see reg. 1(3)

I5813

Public houses.

Annotations:
Commencement Information
I58

Sch. 4 para. 13 in force at 20.12.2020, see reg. 1(3)

I5914

Cafes, canteens and restaurants (including workplace canteens and dining rooms in members' clubs).

Holiday or travel accommodation

Annotations:
Commencement Information
I59

Sch. 4 para. 14 in force at 20.12.2020, see reg. 1(3)

I6015

Camping sites.

Annotations:
Commencement Information
I60

Sch. 4 para. 15 in force at 20.12.2020, see reg. 1(3)

I6116

Holiday sites.

Annotations:
Commencement Information
I61

Sch. 4 para. 16 in force at 20.12.2020, see reg. 1(3)

I6217

Hotels and bed and breakfast accommodation;

Annotations:
Commencement Information
I62

Sch. 4 para. 17 in force at 20.12.2020, see reg. 1(3)

I6318

Other holiday accommodation (including holiday apartments, hostels and boarding houses).

Public services etc.

Annotations:
Commencement Information
I63

Sch. 4 para. 18 in force at 20.12.2020, see reg. 1(3)

I6419

Community centres.

Annotations:
Commencement Information
I64

Sch. 4 para. 19 in force at 20.12.2020, see reg. 1(3)

F6220

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I6521

Libraries and archive services.

Personal services etc.

Annotations:
Commencement Information
I65

Sch. 4 para. 21 in force at 20.12.2020, see reg. 1(3)

I6622

Hair salons and barbers.

Annotations:
Commencement Information
I66

Sch. 4 para. 22 in force at 20.12.2020, see reg. 1(3)

I6723

Nail and beauty salons including tanning and electrolysis services.

Annotations:
Commencement Information
I67

Sch. 4 para. 23 in force at 20.12.2020, see reg. 1(3)

I6824

Body piercings and tattooing services.

Leisure and social etc.

Annotations:
Commencement Information
I68

Sch. 4 para. 24 in force at 20.12.2020, see reg. 1(3)

I6925

Nightclubs, discotheques, dance halls or other venues authorised for the sale or supply of alcohol where live or recorded music is provided for members of the public or members of the venue to dance.

Annotations:
Commencement Information
I69

Sch. 4 para. 25 in force at 20.12.2020, see reg. 1(3)

I7026

Sexual entertainment venues (within the meaning given by paragraph 2A of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982).

Annotations:
Commencement Information
I70

Sch. 4 para. 26 in force at 20.12.2020, see reg. 1(3)

I7127

Cinemas.

Annotations:
Commencement Information
I71

Sch. 4 para. 27 in force at 20.12.2020, see reg. 1(3)

I7228

Concert halls and theatres.

Annotations:
Commencement Information
I72

Sch. 4 para. 28 in force at 20.12.2020, see reg. 1(3)

I7329

Casinos.

Annotations:
Commencement Information
I73

Sch. 4 para. 29 in force at 20.12.2020, see reg. 1(3)

I7430

Bingo halls.

Annotations:
Commencement Information
I74

Sch. 4 para. 30 in force at 20.12.2020, see reg. 1(3)

I7531

Amusement arcades.

Annotations:
Commencement Information
I75

Sch. 4 para. 31 in force at 20.12.2020, see reg. 1(3)

I7632

Bowling alleys.

Annotations:
Commencement Information
I76

Sch. 4 para. 32 in force at 20.12.2020, see reg. 1(3)

I7733

Indoor play centres or areas.

Annotations:
Commencement Information
I77

Sch. 4 para. 33 in force at 20.12.2020, see reg. 1(3)

I7834

Funfairs, amusement parks and theme parks.

Annotations:
Commencement Information
I78

Sch. 4 para. 34 in force at 20.12.2020, see reg. 1(3)

I7935

Holiday, leisure activity or events businesses.

Annotations:
Commencement Information
I79

Sch. 4 para. 35 in force at 20.12.2020, see reg. 1(3)

I8036

Museums and galleries.

Annotations:
Commencement Information
I80

Sch. 4 para. 36 in force at 20.12.2020, see reg. 1(3)

I8137

F87Ice skating rinks.

I8238

Trampoline parks and centres.

Annotations:
Commencement Information
I82

Sch. 4 para. 38 in force at 20.12.2020, see reg. 1(3)

I8339

Enclosed or indoor skate parks and centres.

Annotations:
Commencement Information
I83

Sch. 4 para. 39 in force at 20.12.2020, see reg. 1(3)

I8440

Spas.

Annotations:
Commencement Information
I84

Sch. 4 para. 40 in force at 20.12.2020, see reg. 1(3)

I8541

Venues for events or conferences (including venues for weddings).

Annotations:
Commencement Information
I85

Sch. 4 para. 41 in force at 20.12.2020, see reg. 1(3)

I8642

Visitor attractions.

Sports and exercise.

Annotations:
Commencement Information
I86

Sch. 4 para. 42 in force at 20.12.2020, see reg. 1(3)

I8743

Sports or exercise facilities, including indoor fitness studios and gyms.

Annotations:
Commencement Information
I87

Sch. 4 para. 43 in force at 20.12.2020, see reg. 1(3)

I8844

Swimming pools.

Annotations:
Commencement Information
I88

Sch. 4 para. 44 in force at 20.12.2020, see reg. 1(3)

I8945

Sports courts, bowling greens, golf courses and enclosed sports grounds or pitches (whether outdoors or indoors).

Retail etc.

Annotations:
Commencement Information
I89

Sch. 4 para. 45 in force at 20.12.2020, see reg. 1(3)

I9046

Any business offering goods or services for sale or hire in retail premises.

Annotations:
Commencement Information
I90

Sch. 4 para. 46 in force at 20.12.2020, see reg. 1(3)

I9147

Shopping centres and shopping arcades.

Annotations:
Commencement Information
I91

Sch. 4 para. 47 in force at 20.12.2020, see reg. 1(3)

I9248

Estate or letting agents F30and developer sales offices.

Exempt premises

Public services etc.

I9349

Dental services, opticians, audiology services, chiropody, chiropractors, osteopaths, physiotherapy services, acupuncture services and other medical or health services, including services relating to mental health.

Annotations:
Commencement Information
I93

Sch. 4 para. 49 in force at 20.12.2020, see reg. 1(3)

I9450

Hospital libraries and libraries at educational establishments.

Annotations:
Commencement Information
I94

Sch. 4 para. 50 in force at 20.12.2020, see reg. 1(3)

I9551

Funeral directors.

Annotations:
Commencement Information
I95

Sch. 4 para. 51 in force at 20.12.2020, see reg. 1(3)

I9652

Veterinary surgeons.

Food and drink businesses

Annotations:
Commencement Information
I96

Sch. 4 para. 52 in force at 20.12.2020, see reg. 1(3)

I9753

Cafés and canteens at a hospital, care home, school or within accommodation provided for students.

Annotations:
Commencement Information
I97

Sch. 4 para. 53 in force at 20.12.2020, see reg. 1(3)

I9854

Canteens at a prison or an establishment intended for use for naval, military or air force purposes or for the purposes of the Department of the Secretary of State responsible for defence.

Retail etc.

Annotations:
Commencement Information
I98

Sch. 4 para. 54 in force at 20.12.2020, see reg. 1(3)

I9955

Businesses offering the following goods for sale or hire in a shop—

a

food or drink for consumption off the premises (including food for pets and other domestic animals);

b

products essential for the storage, preparation or consumption of food or drink;

c

products for the essential upkeep, maintenance or functioning of the home or a workplace;

d

pharmaceutical products, health and personal care products, baby products (including clothing), toiletries and cosmetics;

e

newspapers and magazines;

f

bicycles and products essential for the use and maintenance of bicycles,

but only for the purposes of selling or hiring those goods.

Annotations:
Commencement Information
I99

Sch. 4 para. 55 in force at 20.12.2020, see reg. 1(3)

I10056

Food markets, convenience stores, corner shops, pet shops, off licences and petrol stations.

Annotations:
Commencement Information
I100

Sch. 4 para. 56 in force at 20.12.2020, see reg. 1(3)

I10157

Supermarkets and other shops that sell multiple types of goods but only for the purposes of—

a

selling the goods listed in paragraph 55;

b

selling goods of a type ordinarily sold by any of the businesses listed in paragraph 56;

c

selling other goods—

i

where it is not reasonably practicable to separate or demarcate those areas of a shop that ordinarily displays such goods from those areas that display the goods mentioned in paragraphs (a) and (b);

ii

on an exceptional basis where the goods are required in an emergency or on compassionate grounds.

Annotations:
Commencement Information
I101

Sch. 4 para. 57 in force at 20.12.2020, see reg. 1(3)

I10258

Shops offering maintenance or repair services for telecommunications or information technology devices.

Annotations:
Commencement Information
I102

Sch. 4 para. 58 in force at 20.12.2020, see reg. 1(3)

I10359

Building supplies and hardware stores.

Annotations:
Commencement Information
I103

Sch. 4 para. 59 in force at 20.12.2020, see reg. 1(3)

I10460

Banks, building societies and other financial services providers.

Annotations:
Commencement Information
I104

Sch. 4 para. 60 in force at 20.12.2020, see reg. 1(3)

I10561

Post offices.

Annotations:
Commencement Information
I105

Sch. 4 para. 61 in force at 20.12.2020, see reg. 1(3)

I10662

Car repair and MOT services.

Annotations:
Commencement Information
I106

Sch. 4 para. 62 in force at 20.12.2020, see reg. 1(3)

F3962A

Automatic car washes.

I10763

Livestock markets or auctions.

Annotations:
Commencement Information
I107

Sch. 4 para. 63 in force at 20.12.2020, see reg. 1(3)

I10864

Laundrettes and dry cleaners.

Annotations:
Commencement Information
I108

Sch. 4 para. 64 in force at 20.12.2020, see reg. 1(3)

I10965

Taxi or vehicle hire businesses.

Annotations:
Commencement Information
I109

Sch. 4 para. 65 in force at 20.12.2020, see reg. 1(3)

I11066

Agricultural or aquacultural supplies shops.

Annotations:
Commencement Information
I110

Sch. 4 para. 66 in force at 20.12.2020, see reg. 1(3)

SCHEDULE 5F41Areas F96...

Regulation 4(8)

Annotations:

I1111

This is the table referred to in regulation 4(8)—

Column 1

Column 2

Column 3

Area

Alert Level of Area

1

The whole of Wales

F299No alert level

Temporary modificationsF1032

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F106SCHEDULE 5APersons exempt from the restrictions on leaving the United Kingdom, and the requirement to have a travel declaration form

Regulations 14A and 14B

Annotations:

F1061

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1062

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1063

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1064

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1065

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1066

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1067

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1068

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1069

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10610

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10611

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10612

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10613

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10614

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10615

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10616

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10617

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10618

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F31SCHEDULE 6Temporary modifications for Christmas: extended households and travel

Regulation 4(7)

Annotations:

Christmas: temporary modifications to restrictions on gatherings in private dwellings and restrictions on travellingF311

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Definition of “Christmas period”F312

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extended households during Christmas periodF313

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F314

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transitional provision about extended householdsF315

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 7Regulated premises

Regulation 15

I112Food and drink businesses

Annotations:
Commencement Information
I112

Sch. 7 para. wrapper3n2 in force at 20.12.2020, see reg. 1(3)

I1131

Bars (including bars in members' clubs).

Annotations:
Commencement Information
I113

Sch. 7 para. 1 in force at 20.12.2020, see reg. 1(3)

I1142

Public houses.

Annotations:
Commencement Information
I114

Sch. 7 para. 2 in force at 20.12.2020, see reg. 1(3)

I1153

Cafes, canteens and restaurants (including workplace canteens and dining rooms in members' clubs).

Holiday and travel accommodation

Annotations:
Commencement Information
I115

Sch. 7 para. 3 in force at 20.12.2020, see reg. 1(3)

I1164

Camping sites.

Annotations:
Commencement Information
I116

Sch. 7 para. 4 in force at 20.12.2020, see reg. 1(3)

I1175

Holiday sites.

Annotations:
Commencement Information
I117

Sch. 7 para. 5 in force at 20.12.2020, see reg. 1(3)

I1186

Hotels and bed and breakfast accommodation.

Annotations:
Commencement Information
I118

Sch. 7 para. 6 in force at 20.12.2020, see reg. 1(3)

I1197

Other holiday accommodation (including holiday apartments, hostels and boarding houses).

Public services etc.

Annotations:
Commencement Information
I119

Sch. 7 para. 7 in force at 20.12.2020, see reg. 1(3)

I1208

Medical or health services.

Annotations:
Commencement Information
I120

Sch. 7 para. 8 in force at 20.12.2020, see reg. 1(3)

I1219

Recycling and waste centres.

Annotations:
Commencement Information
I121

Sch. 7 para. 9 in force at 20.12.2020, see reg. 1(3)

I12210

Community centres.

Annotations:
Commencement Information
I122

Sch. 7 para. 10 in force at 20.12.2020, see reg. 1(3)

I12311

Libraries and archive services.

Annotations:
Commencement Information
I123

Sch. 7 para. 11 in force at 20.12.2020, see reg. 1(3)

I12412

Places of worship.

Annotations:
Commencement Information
I124

Sch. 7 para. 12 in force at 20.12.2020, see reg. 1(3)

I12513

Funeral directors.

Annotations:
Commencement Information
I125

Sch. 7 para. 13 in force at 20.12.2020, see reg. 1(3)

I12614

Crematoriums.

Annotations:
Commencement Information
I126

Sch. 7 para. 14 in force at 20.12.2020, see reg. 1(3)

I12715

Veterinary surgeons.

Personal services etc.

Annotations:
Commencement Information
I127

Sch. 7 para. 15 in force at 20.12.2020, see reg. 1(3)

I12816

Hair salons and barbers.

Annotations:
Commencement Information
I128

Sch. 7 para. 16 in force at 20.12.2020, see reg. 1(3)

I12917

Nail and beauty salons including tanning and electrolysis services.

Annotations:
Commencement Information
I129

Sch. 7 para. 17 in force at 20.12.2020, see reg. 1(3)

I13018

Body piercings and tattooing services.

Leisure and social etc.

Annotations:
Commencement Information
I130

Sch. 7 para. 18 in force at 20.12.2020, see reg. 1(3)

I13119

Cinemas.

Annotations:
Commencement Information
I131

Sch. 7 para. 19 in force at 20.12.2020, see reg. 1(3)

I13220

Concert halls and theatres.

Annotations:
Commencement Information
I132

Sch. 7 para. 20 in force at 20.12.2020, see reg. 1(3)

I13321

Casinos.

Annotations:
Commencement Information
I133

Sch. 7 para. 21 in force at 20.12.2020, see reg. 1(3)

I13422

Bingo halls.

Annotations:
Commencement Information
I134

Sch. 7 para. 22 in force at 20.12.2020, see reg. 1(3)

I13523

Amusement arcades.

Annotations:
Commencement Information
I135

Sch. 7 para. 23 in force at 20.12.2020, see reg. 1(3)

I13624

Bowling alleys.

Annotations:
Commencement Information
I136

Sch. 7 para. 24 in force at 20.12.2020, see reg. 1(3)

I13725

Indoor play centres or areas.

Annotations:
Commencement Information
I137

Sch. 7 para. 25 in force at 20.12.2020, see reg. 1(3)

I13826

Playgrounds.

Annotations:
Commencement Information
I138

Sch. 7 para. 26 in force at 20.12.2020, see reg. 1(3)

I13927

Funfairs, amusement parks and theme parks.

Annotations:
Commencement Information
I139

Sch. 7 para. 27 in force at 20.12.2020, see reg. 1(3)

I14028

Holiday, leisure activity or events businesses.

Annotations:
Commencement Information
I140

Sch. 7 para. 28 in force at 20.12.2020, see reg. 1(3)

I14129

Museums and galleries.

Annotations:
Commencement Information
I141

Sch. 7 para. 29 in force at 20.12.2020, see reg. 1(3)

I14230

F88Ice skating rinks.

I14331

Trampoline parks and centres.

Annotations:
Commencement Information
I143

Sch. 7 para. 31 in force at 20.12.2020, see reg. 1(3)

I14432

Indoor skate parks and centres.

Annotations:
Commencement Information
I144

Sch. 7 para. 32 in force at 20.12.2020, see reg. 1(3)

I14533

Spas.

Annotations:
Commencement Information
I145

Sch. 7 para. 33 in force at 20.12.2020, see reg. 1(3)

I14634

Venues for events or conferences (including venues for weddings).

Annotations:
Commencement Information
I146

Sch. 7 para. 34 in force at 20.12.2020, see reg. 1(3)

I14735

Visitor attractions.

Sports and exercise

Annotations:
Commencement Information
I147

Sch. 7 para. 35 in force at 20.12.2020, see reg. 1(3)

I14836

Sports or exercise facilities, including indoor fitness studios and gyms.

Annotations:
Commencement Information
I148

Sch. 7 para. 36 in force at 20.12.2020, see reg. 1(3)

I14937

Swimming pools.

Annotations:
Commencement Information
I149

Sch. 7 para. 37 in force at 20.12.2020, see reg. 1(3)

I15038

Sports courts, bowling greens, golf courses and enclosed sports grounds or pitches (whether outdoors or indoors).

Retail etc.

Annotations:
Commencement Information
I150

Sch. 7 para. 38 in force at 20.12.2020, see reg. 1(3)

I15139

Any business offering goods or services for sale or hire in retail premises, including—

a

auction houses;

b

car dealerships;

c

markets;

d

betting shops;

e

garden centres and plant nurseries;

f

pharmacies (including non-dispensing pharmacies) and chemists;

g

banks, building societies and other financial services providers;

h

post offices;

i

car repair and MOT services;

j

livestock markets or auctions;

k

laundrettes and dry cleaners;

l

petrol stations;

m

taxi or vehicle hire businesses.

Annotations:
Commencement Information
I151

Sch. 7 para. 39 in force at 20.12.2020, see reg. 1(3)

I15240

Shopping centres and shopping arcades.

Annotations:
Commencement Information
I152

Sch. 7 para. 40 in force at 20.12.2020, see reg. 1(3)

I15341

Storage and distribution facilities, including delivery drop off points.

Annotations:
Commencement Information
I153

Sch. 7 para. 41 in force at 20.12.2020, see reg. 1(3)

I15442

Estate or letting agents, developer sales offices and show homes.

Annotations:
Commencement Information
I154

Sch. 7 para. 42 in force at 20.12.2020, see reg. 1(3)

SCHEDULE 8Enforcement of requirement to take preventative measures on regulated premises

Regulation 26

Premises improvement noticeI1551

1

An enforcement officer may issue a notice (a “premises improvement notice”) to a responsible person if the officer considers that—

a

the person is not complying with the obligations imposed on the person by regulation 16 F306... F217..., and

b

the measures specified in the notice are necessary and proportionate in order to ensure that the person complies with those obligations.

2

A premises improvement notice must—

a

specify the premises to which it relates;

b

specify the measures it requires to be taken in order to ensure that the person complies with the obligations imposed by regulation 16 F307... F218...;

c

specify a time limit within which the measures must be taken (which must not be less than 48 hours beginning with the time the notice is issued);

d

give details of the right of appeal conferred by paragraph 5.

3

In this Schedule, “responsible person” has the meaning given by regulation 15(2).

Premises closure noticeI1562

1

If either condition 1 or condition 2 is satisfied, an enforcement officer may issue a notice (a “premises closure notice”) to a responsible person requiring the premises, or part of the premises, to be closed.

2

Condition 1 is—

a

a premises improvement notice has been issued to the person,

b

the enforcement officer considers that the person has failed to take the measures specified in the premises improvement notice within the specified time limit, and

c

the officer considers that the closure of the premises, or part of the premises, is necessary and proportionate for the purpose of minimising the risk of exposure to coronavirus.

3

Condition 2 is that the enforcement officer considers that—

a

the person is not complying with the obligations imposed on the person by regulation 16 F308... F219..., and

b

the closure of the premises, or part of the premises, (without a premises improvement notice having been issued) is necessary and proportionate for the purpose of minimising the risk of exposure to coronavirus.

4

A premises closure notice must—

a

contain a description of the premises to be closed,

b

where a premises improvement notice has been issued, set out the measures that the enforcement officer considers—

i

have not been taken, and

ii

must be taken in order to ensure that the responsible person complies with the obligations imposed by regulation 16 F309... F220...,

c

where a premises improvement notice has not been issued, set out the reasons why the enforcement officer considers that the person is not complying with the obligations imposed by regulation 16 F310... F221...,

d

in either case, set out the reasons why the enforcement officer considers that closure of the premises is necessary and proportionate for the purpose of minimising the risk of exposure to coronavirus,

e

specify the period for which the notice has effect, and

f

give details of the right of appeal conferred by paragraph 5.

5

The period specified under sub-paragraph (4)(e) may not be more than 672 hours (28 days) beginning with the time the notice is issued.

6

A premises closure notice has effect from the time at which it is issued or from a later time specified in the notice.

7

A premises closure notice may not be issued in relation to premises which form part of critical infrastructure (for example, premises used to generate electricity or supply water) or which are used to provide essential public services.

8

Where—

a

an enforcement officer considers that a responsible person has failed to take the measures specified in a premises improvement notice within the specified time limit, and

b

either—

i

a fixed penalty notice has been issued, or

ii

proceedings have been brought for an offence,

in relation to that failure,

the enforcement officer may nevertheless issue a premises closure notice under sub-paragraph (1).

Effect of premises closure noticeI1573

1

As soon as is reasonably practicable after a premises closure notice takes effect, the person to whom it is issued must ensure that—

a

the premises to which the notice relates are closed, and

b

no business is carried on or service is provided on, or from, the premises.

2

No person may enter, or be on, premises closed under sub-paragraph (1) without a reasonable excuse.

3

For the purposes of sub-paragraph (2), the circumstances in which a person has a reasonable excuse include where—

a

the person lives on the premises;

b

the person is carrying out essential maintenance or repairs;

c

the person is doing things necessary to ensure that regulation 16 F311... F222... can be complied with when the premises are allowed to be open;

d

the person is an enforcement officer or a person assisting an enforcement officer;

e

it is necessary for the person to be on the premises to avoid injury or illness or escape a risk of harm.

Termination of premises improvement or closure noticeI1584

1

An enforcement officer may issue a notice terminating a premises improvement notice or a premises closure notice if satisfied that—

a

the measures specified in the premises improvement notice (if one was issued) have been taken, or

b

other measures have been taken to ensure that regulation 16 F312... F223... can be complied with at the premises in question.

2

A premises improvement notice or premises closure notice ceases to have effect at the time notice of the termination is issued.

AppealsI1595

1

A person to whom a premises improvement notice or premises closure notice is issued may appeal to a magistrates' court against the notice.

2

An appeal must be made—

a

by way of complaint for an order, and in accordance with the Magistrates' Courts Act 1980, and

b

within 7 days after the day the notice is issued.

3

But a magistrates' court may allow an appeal to be made after the expiry of the period mentioned in sub-paragraph (2)(b) if satisfied that there is a good reason for the failure to appeal before the expiry of that period (and for any delay in applying for permission to appeal out of time).

4

A magistrates' court may suspend the effect of a premises improvement notice or premises closure notice pending the determination of an appeal.

5

On an appeal against a premises improvement notice or premises closure notice, a magistrates' court may—

a

confirm the decision to issue the notice;

b

direct that the notice is to cease to have effect;

c

modify the notice;

d

make such other order as the court considers appropriate.

6

If the magistrates' court directs that a notice is to cease to have effect or modifies a notice, it may order the local authority for the area in which the premises in question are situated to pay compensation for loss suffered as the result of the issue of the notice.

7

An appeal by either party against the decision of a magistrates' court on an appeal under this section may be brought to the Crown Court.

8

On an appeal to the Crown Court, the Court may—

a

confirm, vary or reverse the decision of the magistrates court;

b

remit the case to the magistrates' court to dispose of in accordance with directions given by the Crown Court.

Annotations:
Commencement Information
I159

Sch. 8 para. 5 in force at 20.12.2020, see reg. 1(3)

Issuing premises improvement and closure notices and terminationsI1606

1

A premises improvement notice, premises closure notice or a termination of either of those types of notice is issued to a person by giving a copy of it in writing to that person.

2

But where the person responsible for the premises to which the notice or termination relates is not on the premises when it is to be issued, the notice is to be treated as having been issued to that person if—

a

a copy of it is given to any other person on the premises who appears to be responsible for any business or service being carried out on the premises, or

b

if there is no such person on the premises when the notice is to be issued, a copy of the notice is placed in a conspicuous position on the premises.

Annotations:
Commencement Information
I160

Sch. 8 para. 6 in force at 20.12.2020, see reg. 1(3)

Publicising premises improvement and closure noticesI1617

1

This regulation applies where an enforcement officer has issued a premises improvement notice or a premises closure notice.

F892

As soon as reasonably practicable after issuing the notice, the enforcement officer must—

a

display in a prominent place near every entrance to the premises—

i

a copy of the notice, or information about where the notice can be found, and

ii

a sign in the form set out in Schedule 9;

b

arrange for the notice to be published on the website of the local authority for the area in which the premises are located.

3

A F90... sign displayed under sub-paragraph (2)(a) must be at least A4 size.

F914

The following must continue to be displayed or published (as the case may be) in accordance with sub-paragraph (2) for as long as the notice has effect—

a

the copy of the notice or the information about where the notice can be found;

b

the sign.

Production of documents etc.I1628

1

An enforcement officer may, to facilitate the exercise of a power conferred on the officer by this Schedule, require the production of, inspect and take copies of, any documents or electronic records.

2

A person may not be required under sub-paragraph (1) to provide a document, record or other information in respect of which a claim for legal professional privilege could be maintained in legal proceedings.

Annotations:
Commencement Information
I162

Sch. 8 para. 8 in force at 20.12.2020, see reg. 1(3)

SCHEDULE 9Form of sign to accompany premises improvement notice or premises closure notice

Regulation 26

Sign to be displayed with premises improvement notice

I1631

F921

A sign to be displayed under paragraph 7(2)(a)(ii) in conjunction with the issue of a premises improvement notice must be in the form set out below.

2

The colours used in the sign must be white, black and amber C0 M60 Y100 K0.

Image_r00001

Sign to be displayed with premises closure notice

I1642

F931

A sign to be displayed under paragraph 7(2)(a)(ii) in conjunction with the issue of a premises closure notice must be in the form set out below.

2

The colours used in the sign must be white, black and red C15 M100 Y100 K0.

Image_r00002

(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. The Regulations impose requirements and restrictions on individuals, businesses and others.

There are 9 Parts to the Regulations.

Part 1 provides that these Regulations come into force on 21 December 2020 (other than Part 6 which comes into force on 23 December 2020) and expire at the end of the day on 31 March 2021. It also provides that the Regulations must be reviewed regularly to ensure that the restrictions and requirements imposed remain proportionate.

Part 2 imposes restrictions on people gathering, on people travelling and on the use of premises of specified businesses or services that are ordinarily open to the public. Part 2 puts 4 different levels of restrictions in place that can apply depending on the circumstances. Which level applies is based on what the Welsh Ministers consider to be the appropriate and proportionate response to the incidence and spread of coronavirus.

Schedule 1 sets out the lowest level – Alert Level 1 – restrictions; Schedule 2 sets out Alert Level 2 restrictions; Schedule 3 sets out Alert Level 3 restrictions and Schedule 4 the highest level – Alert Level 4 – restrictions (under which there are strict limitations on people gathering and travelling, and most premises are required to close). Schedule 5 sets out which alert level applies to an area. At the time of making the Regulations the same alert level applies across the whole of Wales, but the Regulations can be amended to apply different alert levels on a regional or local basis (as well as amending the alert level for the whole of Wales).

A number of the restrictions refer to the concept of an “extended household”. This enables more than one household to agree to come together for the purposes of the rules by forming a larger, extended, household. In addition there are separate provisions that allow a single adult household (a person who lives alone or only with a child or adult they care for) to agree to come together for these purposes with another household. These arrangements are exclusive and must be agreed to by all of the adults in each household that forms an extended household.

A summary of the restrictions that apply at each alert level is provided below. All restrictions are subject to exceptions listed in the Regulations.

When Alert Level 1 restrictions apply to an area:

  • gatherings indoors in people's homes are allowed only between up to 6 people, or more if all present are members of the same household or an extended household consisting of up to 3 households and a single adult household;

  • gatherings indoors (away from people's homes) are limited to 6 people (not including children under 11) or the members of 1 household if higher;

  • gatherings outdoors (including in people's gardens) are limited to 30 people (not including children under 11) or the members of 1 household or an extended household if higher;

  • different rules apply to gathering for activities that are formally organised, allowing more people (up to 50 indoors and up to 100 outdoors) to come together;

  • as an exception to the general prohibition on organising events, events involving up to 50 people in attendance at any one time indoors, or 100 people outdoors, are allowed;

  • larger scale events may also be allowed but only with the consent of the Welsh Ministers;

  • travelling is allowed within a Leve1 1 area and to and from another Level 1 area or any Level 2 areas, but travelling from a Level 1 area to any area of Wales which is at Level 3 or 4, or to any areas of high incidence of coronavirus elsewhere in the UK, is not allowed;

  • similarly travelling from a Level 3 or 4 area, or from any areas of high incidence of coronavirus elsewhere in the UK, to a Level 1 area is not allowed;

  • nearly all business premises that are ordinarily open to the public may continue to be open but premises licensed to sell alcohol may not do so after 10.00 p.m. and must close no later than 10.20 p.m.

When Alert Level 2 restrictions apply to an area:

  • gatherings indoors in people's homes are allowed only between members of an extended household consisting of up to 2 households and a single adult household;

  • gatherings indoors (away from people's homes) are limited to 4 people (not including children under 11) or the members of 1 household if higher;

  • gatherings outdoors (including in people's gardens) are limited to 4 people (not including children under 11) or the members of 1 household or an extended household if higher;

  • different rules apply to gathering for activities that are formally organised, allowing more people (up to 15 indoors and up to 30 outdoors) to come together;

  • as an exception to the general prohibition on organising events, events involving up to 15 people in attendance at any one time indoors, or 30 people outdoors, are allowed;

  • larger scale events may also be allowed but only with the consent of the Welsh Ministers;

  • travelling is allowed within a Leve1 2 area and to and from another Level 2 area or any Level 1 areas, but travelling from a Level 2 area to any area of Wales which is at Level 3 or 4, or to any areas of high incidence of coronavirus elsewhere in the UK, is not allowed;

  • similarly travelling from a Level 3 or 4 area, or from any areas of high incidence of coronavirus elsewhere in the UK, to a Level 2 area is not allowed;

  • nearly all business premises that are ordinarily open to the public may continue to be open but premises licensed to sell alcohol may only serve alcohol with meals and may not serve alcohol after 10.00 p.m. (closing no later than 10.20 p.m.).

When Alert Level 3 restrictions apply to an area:

  • gatherings in people's homes (indoors and outdoors) are allowed only between members of an extended household consisting of up to 2 households and a single adult household;

  • gatherings indoors (away from people's homes), or outdoors in regulated premises, are limited to 4 people (not including children under 11) or the members of 1 household if higher;

  • gatherings outdoors (away from people's homes or regulated premises) are limited to 4 people (not including children under 11) or the members of 1 household or an extended household if higher;

  • different rules apply to gathering for activities that are formally organised, allowing more people (up to 15 indoors and up to 30 outdoors) to come together;

  • as an exception to the general prohibition on organising events, events involving up to 15 people in attendance at any one time indoors, or 30 people outdoors, are allowed;

  • travelling is allowed within a Leve1 3 area but travelling from a Level 3 area to any other area of Wales, or to any areas of high incidence of coronavirus elsewhere in the UK, is not allowed;

  • similarly travelling from a Level 1, 2 or 4 area, or from any areas of high incidence of coronavirus elsewhere in the UK, to a Level 3 area is not allowed;

  • most premises that are ordinarily open to the public may continue to be open but premises used for entertainment or hospitality must either be closed or may open until 6.00 p.m. only – and premises licensed to sell alcohol may not sell alcohol for consumption on the premises.

When Alert Level 4 restrictions apply to an area:

  • there is an overarching requirement to stay at home if you live in the area and not to travel to the area if you live outside;

  • most premises ordinarily open to the public are required to be closed.

The ability to come together for events and formally organised activities, and for premises to be open to the public, is subject to the need to take all “reasonable measures” to minimise the spread of, and exposure to, the coronavirus (see Part 5).

The restrictions on events are closely associated with the restrictions on gathering as people attending an event may also be gathering with others. An event is widely defined (in regulation 57(4)) as any occasion planned or scheduled for a particular purpose at which people are at the same place for that purpose (regardless of whether they are also gathering).

As an exception to this system, Schedule 6 makes specific provision modifying the restrictions relating to extended households (and travelling to meet members of an extended household) for the period between 23 and 27 December 2020 (with an additional day allowed before and after this period in the case of persons travelling from and to Northern Ireland).

Parts 3 to 6 impose further restrictions and requirements which generally apply in all circumstances.

Part 3 imposes requirements on people who have tested positive for coronavirus and their close contacts. Regulations 6 and 7 provide that adults and children who have tested positive for coronavirus must not leave the place they are living for 10 days (except in the circumstances provided for by regulation 10). Regulations 8 and 9 provide that people who have had “close contact” with someone who has tested positive for coronavirus must not leave the place they are living for 10 days (except in the circumstances provided for by regulation 10). The 10 day period of isolation begins either the day after a person tests positive, the day after the day which a person reports as the day they first experience symptoms or the day after a person has close contact. Regulation 11 provides an exception to the requirement to isolate if people test negative regularly in accordance with a formal scheme of testing. Regulation 12 relates to obligations of adults in respect of children required to isolate, regulation 13 enables notices given under this Part by contact tracers to be withdrawn and regulation 14 makes provision about the use of information held by contact tracers.

Part 4 makes provision for the purpose of minimising risk of exposure to coronavirus in premises open to the public and in workplaces. Regulation 16 applies to “regulated premises” and requires: (1) all reasonable measures to be taken to ensure that a distance of 2 metres is maintained between persons on the premises; (2) all other reasonable measures to be taken, for example to limit close face to face interaction and maintain hygiene; and (3) information to be provided to those entering or working at premises about how to minimise risk of exposure to coronavirus. It also specifies that not carrying out an activity, closing part of premises, allowing staff to isolate and collecting contact information from those on the premises may be reasonable measures.

Part 5 provides that face coverings must be worn on public transport, including taxis, and in certain indoor places, subject to listed exemptions and exceptions.

Part 6 provides for circumstances in which schools may be required to be open when they may otherwise be closed to allow children of critical workers or children who are vulnerable to attend.

Part 7 relates to the enforcement of the restrictions and requirements. Regulation 25 makes provision about those who can take enforcement action, regulation 26 makes further provision (in Schedules 8 and 9) about enforcing the need to take preventative measures under regulation 16, regulation 27 relates to compliance notices, and regulation 28 to powers of removal and dispersal. Regulations 29 to 32 relate specifically to enforcing the requirements in relation to travelling, isolation, events, and wearing a face covering; and regulation 33 relates to the requirements' application to children. Regulation 34 contains a power to enter premises, regulation 35 relates to police powers to conduct road checks and regulation 36 makes supplemental provision about the exercise of powers by enforcement powers.

Part 8 makes provision about offences and penalties. Regulations 37 to 43 in Chapter 1 provide that a person who, without a reasonable excuse, contravenes the restrictions or requirements referred to commits an offence. An offence is punishable by an unlimited fine (regulation 44). Chapter 2 allows for offences to be punished by way of fixed penalty notices and makes provision about how they are applied and Chapter 3 relates to proceedings for offences under the Regulations.

Part 9 contains defined terms (regulation 57), revokes previous Regulations and makes a consequential amendment.

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.