2020 No. 619 (W. 141)
The Health Protection (Coronavirus Restrictions) (Wales) (Amendment) (No. 6) Regulations 2020
Made
Laid before Senedd Cymru
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 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) (Wales) (Amendment) (No. 6) Regulations 2020 and they come into force at 12.01 a.m. on 22 June 2020.
Amendment of the Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020I22
1
The Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020 F2 are amended as follows.
2
In regulation 1—
a
in paragraph (3), after sub-paragraph (b) insert—
ba
“elite athlete” means an individual designated as such for the purposes of these Regulations by the Sports Council for Wales;
b
after paragraph (3) insert—
4
For the purposes of the definition of “elite athlete” in paragraph (3)—
a
an individual is designated by the Sports Council for Wales only if the individual has been nominated for designation by a relevant sporting body and the Council has accepted the nomination, and
b
“relevant sporting body” means the national governing body of a sport which may nominate athletes to represent—
i
Great Britain and Northern Ireland at the Olympic or Paralympic Games, or
ii
Wales at the Commonwealth Games.
5
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, and
b
premises are indoors if they are enclosed or substantially enclosed within the meaning given by regulation 2 of the Smoke-free Premises etc. (Wales) Regulations 2007 F3.
3
In regulation 4—
a
in paragraph (1)(b), for “6(1)” substitute “
6(2)
”
;
b
in paragraph (5), after sub-paragraph (b) insert—
ba
premises for training for elite athletes, including skating rinks, swimming pools, indoor fitness studios, gyms, indoor leisure centres and other sports facilities (whether indoors or outdoors);
4
For regulation 6 substitute—
General restriction on shops and certain other businesses and services6
1
Paragraph (2) applies—
a
to a person (“P”) responsible for carrying on a business, or providing a service, listed in Part 4 of Schedule 1, and
b
in respect of any premises where the business is carried on or the service is provided.
2
P must 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(2), omit sub-paragraph (b) and the “or” before it.
6
In regulation 7—
a
in paragraph (2)—
i
for sub-paragraph (aa) substitute—
za
for the solemnization of a marriage or formation of a civil partnership,
ii
after sub-paragraph (a) insert—
aa
for prayer by—
i
an individual,
ii
members of the same household, or
iii
an individual and the individual's carer,
which does not form part of communal worship,
iii
in sub-paragraph (b)(ii) omit “allowed by sub-paragraph (aa)”;
iv
in sub-paragraph (c) omit “urgent” and the words after “public services” to the end;
b
in paragraph (5)(a) omit “urgent” and the words after “public services” to the end.
7
In regulation 7A(1), for sub-paragraph (b) substitute—
b
regulation 6(2),
8
In regulation 8—
a
in paragraph (1)(b), for “be indoors” substitute “
gather in indoor premises
”
;
b
in paragraph (2)—
i
for paragraph (a) substitute—
a
obtain goods or services from any business or service listed in Part 4 of Schedule 1;
ii
after sub-paragraph (g) insert—
ga
where the person is an elite athlete, train or compete;
iii
in sub-paragraph (i) omit the words “, where a party to the marriage or civil partnership is seriously ill and not expected to recover”;
iv
after sub-paragraph (l) insert—
la
vote in an election (including in an election being held outside Wales), where it is not reasonably practicable to vote by post, by proxy or by other similar means;
v
for sub-paragraph (q) substitute—
q
move home;
qa
prepare a residential property for persons to move in;
qb
undertake the following activities in connection with the purchase, sale, letting or rental of unoccupied residential property—
i
visiting estate or letting agents, developer sales offices or show homes;
ii
viewing such a property;
c
for paragraph (3) substitute—
3
For the purposes of paragraph (1)(a), it is not a reasonable excuse for a person to leave, or remain away from, the area local to the place where the person is living—
a
to obtain goods or services from a business or service listed in paragraphs 50 to 54 of Schedule 1;
b
to do anything else if it would be reasonably practicable for the person to do that thing within the area.
d
after paragraph (5), insert—
6
For the purposes of paragraph (2)(qb), a property is treated as unoccupied if no person occupies the property as a residence.
9
In regulation 8B—
a
in sub-paragraph (c) after “funeral” insert “
, marriage or formation of a civil partnership
”
;
b
after sub-paragraph (d)(i) insert—
ia
for elite athletes to train or compete;
10
In Schedule 1—
a
omit paragraph 12;
b
in paragraph 21, omit “, sports courts”;
c
omit paragraphs 22 and 23;
d
after paragraph 48 insert—
49
Estate or letting agents, developer sales offices and show homes.
50
Car dealerships.
51
Outdoor markets.
52
Betting shops.
53
Indoor shopping centres and indoor shopping arcades.
54
Any other business or premises offering goods or services for sale or hire in a shop.
Savings for offences and penalties in relation to prior actsI33
Regulations 12 and 13 of the Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020 continue to have effect in relation to any offence committed, or reasonably believed to have been committed, before these Regulations came into force as if the amendments set out in regulation 2 had not been made.
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.