2020 No. 452 (W. 102)
The Health Protection (Coronavirus Restrictions) (Wales) (Amendment) (No. 2) Regulations 2020
Approved by both Houses of Parliament
Made
Laid before the National Assembly for Wales
Coming into force
The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 45C(1) and (3)(c), 45F(2) and 45P of the Public Health (Control of Disease) Act 1984 F1.
These Regulations are made in response to the serious and imminent threat to public health which is posed by the incidence and spread of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) in Wales.
The Welsh Ministers consider that restrictions and requirements imposed by these Regulations are proposrtionate 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, the National Assembly for Wales.
Title, coming into force and applicationI11
1
The title of these Regulations is the Health Protection (Coronavirus Restrictions) (Wales) (Amendment) (No. 2) Regulations 2020 and they come into force at 12.01 a.m. on 25 April 2020.
2
In these Regulations, “the principal Regulations” means the Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020 F2.
Termination directionsF42
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Physical distancing requirement in relation to certain premisesI23
1
Regulations 4, 5, 6 and 6A of the principal Regulations are amended as follows.
2
After regulation 4(5) insert—
5A
Paragraph (5B) applies—
a
to premises used to carry on a business or provide a service mentioned in sub-paragraph (1)(a), (b) or (c) of paragraph 2 of Schedule 1, or
b
where premises used to carry on a business or provide a service listed in Part 2 or 3 of Schedule 1 are used for a purpose mentioned in paragraph (5).
5B
Where this paragraph applies, the person responsible for carrying on the business or providing the service must, during the emergency period, take all reasonable measures to ensure —
a
that a distance of 2 metres is maintained between any persons on the premises (except between two members of the same household, or a carer and the person assisted by the carer),
b
that persons are only admitted to the premises in sufficiently small numbers to make it possible to maintain that distance, and
c
that a distance of 2 metres is maintained between persons waiting to enter the premises (except between two members of the same household, or a carer and the person assisted by the carer).
3
After regulation 5(3A) insert—
3B
Paragraph (3C) applies where premises used for a business listed in Part 3 of Schedule 1 are used—
a
to provide accommodation in accordance with paragraph (3), or
b
to carry on the business in accordance with paragraph (3A).
3C
Where this paragraph applies, the person responsible for carrying on the business must, during the emergency period, take all reasonable measures to ensure—
a
that a distance of 2 metres is maintained between any persons on the premises (except between two members of the same household, or a carer and the person assisted by the carer),
b
that persons are only admitted to the premises in sufficiently small numbers to make it possible to maintain that distance, and
c
that a distance of 2 metres is maintained between persons waiting to enter the premises (except between two members of the same household, or a carer and the person assisted by the carer).
4
In regulation 6, after paragraph (2) insert—
2A
Where premises are not closed because they are premises required in order to carry on a business as permitted by paragraph (2)(a), the person responsible for carrying on the business must, during the emergency period, take all reasonable measures to ensure—
a
that a distance of 2 metres is maintained between any persons on the premises (except between two members of the same household, or a carer and the person assisted by the carer),
b
that persons are only admitted to the premises in sufficiently small numbers to make it possible to maintain that distance, and
c
that a distance of 2 metres is maintained between persons waiting to enter the premises (except between two members of the same household, or a carer and the person assisted by the carer).
5
In regulation 6A, for paragraph (2) substitute—
2
Paragraph (1) does not apply to premises—
a
used in the carrying on of a business, or provision of a service, listed in Schedule 1, or
b
to which regulation 6(2A) applies.
Restriction on persons leaving or being outside of the place where they liveI34
1
Regulation 8 of the principal Regulations is amended as follows.
2
In paragraph (1), after “living” insert “
or remain away from that place
”
.
3
In paragraph (2)—
a
for sub-paragraph (a) substitute—
a
to obtain supplies from any business or service listed in Part 4 of Schedule 1 including—
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;
aa
to obtain money from or deposit money with any business or service listed in paragraphs 38 or 39 of Schedule 1;
b
for sub-paragraph (b) substitute—
b
to take exercise, no more than once a day (or more frequently if this is needed because of a particular health condition or disability), either—
i
alone,
ii
with other members of the person's household, or
iii
with the person's carer;
c
after sub-paragraph (g) insert—
ga
to visit a cemetery, burial ground or garden of remembrance to pay respects to a deceased person;
d
in sub-paragraph (i)—
i
in paragraph (i), for “the person's child” substitute “
a child in relation to whom the person is the parent, or has parental responsibility for, or has care of
”
;
ii
in paragraph (iii), in the English language text, for “Department of Work” substitute “
Department for Work
”
;
e
in sub-paragraph (l), for “necessary” substitute “
the move cannot be postponed
”
.
EnforcementI45
1
Regulation 10 of the principal Regulations is amended as follows.
2
In paragraph (1)—
a
omit “reasonably believes that”;
b
in sub-paragraph (a)—
i
at the beginning insert “
has reasonable grounds for suspecting that
”
;
ii
after “4,” insert “
5(3C),
”
;
c
in sub-paragraph (b), at the beginning insert “
considers
”
.
3
In paragraph (2), for “considers” substitute “
has reasonable grounds for suspecting
”
.
4
For paragraph (3) substitute—
3
A relevant person may—
a
when exercising the power in paragraph (2)(a) or (b), direct P to follow such instructions as the relevant person considers necessary;
b
use reasonable force in the exercise of the power in paragraph (2)(b).
5
In paragraph (5), for “purpose of paragraph (4)” substitute “
purposes of this regulation
”
.
6
In paragraph (7), for “considers” substitute “
has reasonable grounds for suspecting
”
.
7
For paragraph (8) substitute—
8
A relevant person exercising the power in paragraph (7)—
a
to direct a gathering to disperse, or
b
to remove a person to the place where they are living,
may use reasonable force, if necessary, in exercise of the power.
8A
Where a relevant person has reasonable grounds to suspect that a person (“P”) is in a gathering in contravention of regulation 8(5) and is a child accompanied by an individual (“I”) who has responsibility for P—
a
the relevant person may direct I to take P to the place where P is living, and
b
I must, so far as reasonably practicable, ensure that P complies with any direction or instruction given by the relevant person to P.
8B
A relevant person may only exercise a power in paragraph (7) or (8A) if the relevant person considers that it is necessary and proportionate to do so.
8
In paragraph (9)—
a
for “A” substitute “
If a relevant person considers it necessary and proportionate for the purposes of preventing, or terminating, a contravention
of regulation 9(4), the
”
;
b
after “force” insert “
, if necessary,
”
.
9
In paragraph (12), after “4,” insert “
5(3C),
”
.
Minor and consequential amendmentsI56
1
The principal Regulations are amended as follows.
2
In regulation 1(3)(e), after paragraph (iii) insert—
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 F3.
3
In regulation 4(5)—
a
in sub-paragraph (a), after “Part 2” insert “
of Schedule 1
”
;
b
for sub-paragraph (b) substitute—
b
premises used for the businesses or services listed in Part 2 or 3 of Schedule 1 for any purpose as may be requested by the Welsh Ministers or a local authority;
c
in sub-paragraph (c)(ii), omit “orders”.
4
In regulation 5(3A), omit sub-paragraph (a).
5
In regulation 6(2)(a)(ii), after “orders” insert “
or enquiries
”
.
6
In regulation 7—
a
in the Welsh language text, for “cam”, in each place it occurs, substitute “
mesur
”
;
b
in the Welsh language text, for “cymrir”, in each place it occurs, substitute “
cymerir
”
;
c
in the Welsh language text of paragraph (4), omit “wedi ei gymryd”;
d
after paragraph (4) insert—
4ZA
Paragraph (3) does not apply to the grounds surrounding a crematorium, including any burial ground or garden of remembrance.
e
in the Welsh language text of paragraph (5)(b), omit “wedi ei gymryd”.
7
In regulation 7A(1)—
a
after sub-paragraph (a) insert—
aa
regulation 4(5B),
ab
regulation 5(3C),
b
in sub-paragraph (b), after “6(1)” insert “
or (2A)
”
;
c
in the Welsh language text, in the words after sub-paragraph (d), for “camau” substitute “
mesurau
”
.
8
In regulation 8—
a
in paragraph (2)(d)—
i
in the Welsh language text, for “cymorth” substitute “
cynhorthwy
”
;
ii
after “emergency assistance” insert “
to any person
”
;
b
in paragraph (2)(m), in the Welsh language text, for “newid” substitute “
niwed
”
;
c
in paragraph (5)(d)(iii), after “emergency assistance” insert “
to any person
”
.
9
In regulation 12(1)(a), after “4,” insert “
5(3C),
”
.
10
In Schedule 1—
a
in the Welsh language text of paragraph 2(2)(b), for “pan y cymrir pob cam” substitute “
pan gymerir pob mesur
”
;
b
in paragraph 22, after “except for” insert “
livestock markets and
”
;
c
in paragraph 24, at the end insert “
(except for livestock auctions)
”
;
d
in paragraph 38, for “and cash points” substitute “
, savings clubs, cash points and undertakings which by way of business operate currency exchange offices, transmit money (or
any representation of money) by any means or cash cheques which are made payable to customers.
”
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.