2020 No. 1130 (W. 257)
The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 19) Regulations 2020
Made
Laid before Senedd Cymru
Coming into force at 6.00 p.m. on 16 October 2020
The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 45C(1) and (3)(c), 45F(2) and 45P of the Public Health (Control of Disease) Act 1984 F1.
These Regulations are made in response to the serious and imminent threat to public health which is posed by the incidence and spread of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) in Wales.
The Welsh Ministers consider that the amendments made by these Regulations are proportionate to what they seek to achieve, which is a public health response to that threat.
In accordance with section 45R of that Act the Welsh Ministers are of the opinion that, by reason of urgency, it is necessary to make this instrument without a draft having been laid before, and approved by a resolution of, Senedd Cymru.
Title and coming into forceI11
The title of these Regulations is the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 19) Regulations 2020 and they come into force at 6.00 p.m. on 16 October 2020.
Amendment of the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020I22
1
The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020 F2 are amended as follows.
2
In regulation 2—
a
in paragraph (1), after sub-paragraph (r) insert—
s
a “child” means a person who is aged under 18, but in regulations 14(2)(ja), 14A(2)(ea) and 14D(3)(l) and paragraphs 3(2)(la) and 4(2)(la) of Schedule 4A, it means a person who was aged under 18 on 31 August 2020;
t
“local health protection area” means an area listed in paragraph 1 of Schedule 4A.
b
at the end insert—
8
For the purposes of regulations 14, 14A and 14D and Schedule 4A, an activity or event is “organised” if—
a
it is organised by—
i
a business,
ii
a public body or 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 F3, whether or not the person is subject to those Regulations, and
ii
complied with the requirements of regulations 12(2) and 13(1).
9
For the purposes of paragraph (8)(b)—
a
regulation 3 of the Management of Health and Safety at Work Regulations 1999 applies as if the activity or event were an undertaking conducted by the person organising it;
b
regulation 12(2) of these Regulations applies as if the place where the activity or event takes place were open premises for which the person organising it is responsible.
3
In regulation 4, after paragraph (2) insert—
3
The Welsh Ministers must review the need for restrictions imposed by regulation 14D, and whether those restrictions are proportionate to what the Welsh Ministers seek to achieve by them—
a
by 23 October 2020;
b
at least once in the period of 7 days beginning on 24 October 2020;
c
at least once in each subsequent period of 7 days.
4
In regulation 14(2)—
a
in sub-paragraph (b), for “provide or receive care or assistance, including relevant personal care,” substitute “
provide, receive or access care or assistance, including childcare or relevant personal care
”
;
b
for sub-paragraph (ja) substitute—
ja
participate in or facilitate organised activities 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);
5
In regulation 14A—
a
in paragraph (2), for sub-paragraph (e) substitute—
e
provide, receive or access childcare;
ea
participate in or facilitate organised activities 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);
b
in paragraph (3), in the words before sub-paragraph (a), for “outdoor event” substitute “
event held outdoors
”
;
c
omit paragraphs (4) and (5).
6
After regulation 14C insert—
PART 4BTravel restrictions
Restriction on travel to and from areas of high prevalence of coronavirus14D
1
No person living in an area listed in Schedule 4B may, without a reasonable excuse, enter or remain in a part of Wales that is not a local health protection area.
2
No person living in a part of Wales that is not a local health protection area may, without a reasonable excuse, leave Wales for the purpose of entering an area listed in Schedule 4B.
3
For the purposes of paragraphs (1) and (2), a reasonable excuse includes the need to do the following in a part of Wales that is not a local health protection area or in an area listed in Schedule 4B (respectively)—
a
obtain—
i
food and medical supplies for those in the same household (including animals in the household) or for vulnerable persons;
ii
supplies for the essential upkeep, maintenance and functioning of the household, or the household of a vulnerable person;
b
obtain money from or deposit money with any business or service listed in paragraph 6 or 7 of Schedule 4;
c
obtain or provide medical assistance, including accessing any of the services referred to in paragraph 10 of Schedule 4 or accessing veterinary services;
d
provide, receive or access 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 F4, where the person receiving the care is a vulnerable person;
e
work or provide voluntary or charitable services where it is not reasonably practicable to carry out the work or provide the service from outside the area;
f
where the person is an elite athlete, train and compete;
g
provide or receive emergency assistance;
h
attend a solemnization of a marriage or formation of a civil partnership—
i
as a party to the marriage or civil partnership,
ii
if invited to attend, or
iii
as the carer of a person attending;
i
attend a funeral—
i
as a person responsible for arranging the funeral,
ii
if invited by a person responsible for arranging the funeral, or
iii
as the carer of a person attending;
j
meet a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings;
k
access or receive public services;
l
participate in or facilitate organised activities 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);
m
access educational services;
n
in relation to children who do not live in the same household as their parents, or one of their parents, continue existing arrangements for access to, and contact between, parents and children, and for the purposes of this paragraph, “parent” includes a person who is not a parent of the child, but who has parental responsibility for, or who has care of, the child;
o
move home;
p
undertake activities in connection with the purchase, sale, letting, or rental of residential property;
q
avoid injury or illness or escape a risk of harm;
r
travel to reach a place outside the area.
3
For the purposes of paragraph (1), it is not a reasonable excuse for a person to enter, or remain in, a part of Wales that is not a local health protection area to do anything if it would be reasonably practicable for the person to do that thing outside the area.
4
For the purposes of paragraph (2), it is not a reasonable excuse for a person to leave Wales for the purpose of entering an area listed in Schedule 4B to do anything if it would be reasonably practicable for the person to do that thing outside the area.
7
In regulation 18—
a
after paragraph (4A) insert—
4B
Where an enforcement officer has reasonable grounds for suspecting that a person (“P”) is contravening (or is about to contravene) regulation 14D(1) or (2), the officer may direct P to return to the place where P is living.
b
in paragraph (5)(a), for “or (4A)” substitute “
, (4A) or (4B)
”
;
c
in paragraph (6ZA), after “contravene,” insert “
regulation 14D(1) or (2) or
”
.
8
In regulation 20—
a
in paragraph (1)(b), for “or 14B(1)” substitute “
, 14B(1) or 14D(1) or (2)
”
;
b
in paragraph (3)(a), after “18(4A)(a),” insert “
18(4B),
”
.
9
In Schedule 4A—
a
in paragraph 1(q)(viii), after “Menai” insert “
(Bangor)
”
;
b
in paragraph 3(2)—
i
in sub-paragraph (d), for “provide or receive care or assistance, including relevant personal care,” substitute “
provide, receive or access care or assistance, including childcare or relevant personal care
”
;
ii
in sub-paragraph (l), for “childcare or education” substitute “
educational
”
;
iii
after sub-paragraph (l) insert—
la
participate in or facilitate organised activities 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);
c
in paragraph 4(2)—
i
in sub-paragraph (d), for “provide or receive care or assistance, including relevant personal care,” substitute “
provide, receive or access care or assistance, including childcare or relevant personal care
”
;
ii
in sub-paragraph (l), for “childcare or education” substitute “
educational
”
;
iii
after sub-paragraph (l) insert—
la
participate in or facilitate organised activities 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);
10
After Schedule 4A insert—
SCHEDULE 4BTravel restriction areas
Part 1: England
1
Cheshire
Cheshire East Council
Cheshire West and Chester Council
Warrington Borough Council
Cumbria
Barrow-in-Furness Borough Council
Derbyshire
Chesterfield Borough Council
Erewash Borough Council
North East Derbyshire District Council
In the area of High Peak Borough Council, the following electoral areas (as defined by section 203(1) of the Representation of the People Act 1983 F7)—
Dinting
Gamesley
Hadfield North
Hadfield South
Howard Town
Old Glossop
Padfield
Simmondley
St John's
Tintwistle
Whitfield
Durham
Durham County Council
Essex
Basildon Council
Braintree District Council
Brentwood Borough Council
Castle Point Borough Council
Chelmsford City Council
Colchester Borough Council
Epping Forest District Council
Harlow Council
Maldon District Council
Rochford District Council
Tendring District Council
Uttlesford District Council
Greater London
The Common Council of the City of London
Barking and Dagenham Borough Council
Barnet Borough Council
Bexley Borough Council
Brent Borough Council
Bromley Borough Council
Camden Borough Council
Croydon Borough Council
Ealing Borough Council
Enfield Borough Council
Greenwich Borough Council
Hackney Borough Council
Hammersmith and Fulham Borough Council
Haringey Borough Council
Harrow Borough Council
Havering Borough Council
Hillingdon Borough Council
Hounslow Borough Council
Islington Borough Council
Kensington and Chelsea Borough Council
Kingston upon Thames Borough Council
Lambeth Borough Council
Lewisham Borough Council
Merton Borough Council
Newham Borough Council
Redbridge Borough Council
Richmond upon Thames Borough Council
Southwark Borough Council
Sutton Borough Council
Tower Hamlets Borough Council
Waltham Forest Borough Council
Wandsworth Borough Council
Westminster City Council
Greater Manchester
Bolton Metropolitan Borough Council
Bury Metropolitan Borough Council
Manchester City Council
Oldham Metropolitan Borough Council
Rochdale Borough Council
Salford City Council
Stockport Metropolitan Borough Council
Tameside Metropolitan Borough Council
Trafford Metropolitan Borough Council
Wigan Metropolitan Borough Council
Lancashire
Blackpool Council
Blackburn with Darwen Borough Council
Burnley Borough Council
Chorley Borough Council
Fylde Borough Council
Hyndburn Borough Council
Lancaster City Council
Pendle Borough Council
Preston City Council
Ribble Valley Borough Council
Rossendale Borough Council
South Ribble Borough Council
West Lancashire Borough Council
Wyre Borough Council
Leicestershire
Leicester City Council
Oadby and Wigston Borough Council
Merseyside
Halton Borough Council
Knowsley Metropolitan Borough Council
Liverpool City Council
Sefton Borough Council
St Helens Borough Council
Wirral Metropolitan Borough Council
Northumberland
Northumberland County Council
North Yorkshire
City of York Council
Nottinghamshire
Ashfield District Council
Bassetlaw District Council
Broxtowe Borough Council
Gedling Borough Council
Mansfield District Council
Newark & Sherwood District Council
Nottingham City Council
Rushcliffe Borough Council
South Yorkshire
Barnsley Metropolitan Borough Council
Doncaster Council
Rotherham Metropolitan Borough Council
Sheffield City Council
Surrey
Elmbridge Borough Council
Tees Valley
Darlington Borough Council
Hartlepool Borough Council
Middlesbrough Borough Council
Redcar and Cleveland Borough Council
Stockton-on-Tees Borough Council
Tyne and Wear
Gateshead Council
Newcastle City Council
North Tyneside Council
South Tyneside Council
Sunderland City Council
West Midlands
Birmingham City Council
Sandwell Metropolitan Borough Council
Solihull Metropolitan Borough Council
City of Wolverhampton Council
Walsall Council
West Yorkshire
City of Bradford Metropolitan District Council
Calderdale Metropolitan Borough Council
Kirklees Metropolitan Council
Leeds City Council
Wakefield Council
Part 2: Scotland
2
The area designated as a protected area by the Health Protection (Coronavirus) (Restrictions and Requirements) (Additional Temporary Measures) (Scotland) Regulations 2020 F8, comprising the local government areas of—
City of Glasgow
Clackmannanshire
East Ayrshire
East Dunbartonshire
East Renfrewshire
East Lothian
Edinburgh City
Falkirk
Inverclyde
Midlothian
North Ayrshire
North Lanarkshire
Renfrewshire
South Ayrshire
South Lanarkshire
Stirling
West Dunbartonshire
West Lothian
Part 3: Northern Ireland
3
All of Northern Ireland.
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.