2020 No. 1409 (W. 311)
The Health Protection (Coronavirus Restrictions and Functions of Local Authorities) (Amendment) (Wales) Regulations 2020
Approved by Senedd Cymru
Made
Laid before Senedd Cymru
Coming into force
The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 45B, 45C(1) and (3)(c), 45F(2) and 45P(2) of the Public Health (Control of Disease) Act 1984 F1.
These Regulations are made in response to the serious and imminent threat to public health which is posed by the incidence and spread of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) in Wales.
The Welsh Ministers consider that restrictions and requirements imposed by these Regulations are proportionate to what they seek to achieve, which is a public health response to that threat.
In accordance with section 45R of that Act the Welsh Ministers are of the opinion that, by reason of urgency, it is necessary to make this instrument without a draft having been laid before, and approved by a resolution of, Senedd Cymru.
Title and coming into forceI11
1
The title of these Regulations is the Health Protection (Coronavirus Restrictions and Functions of Local Authorities) (Amendment) (Wales) Regulations 2020.
2
These Regulations come into force at 6.00 p.m. on 4 December 2020.
Amendment of the Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020I22
1
The Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020 F2 are amended as follows.
2
In regulation 9—
a
in paragraph (1), for “outside Wales” substitute a “
in a restricted UK area
”
;
b
in paragraph (2), after “leave Wales” insert “
for the purposes of entering or remaining in a restricted UK area
”
;
c
at the end insert—
6
For the purposes of this regulation, “restricted UK area” means—
a
an area of England for the time being specified or described in Part 2 of Schedule 4 to the Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020 F3 as being within the Tier 3 area;
b
an area of Scotland for the time being specified in the table in Schedule 6 to the Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020 F4, where the table indicates it is a Level 3 or Level 4 area;
c
Northern Ireland.
3
In Part 4, omit Chapter 3.
4
In regulation 19, after paragraph (1) insert—
1A
In its application to a business or service listed in paragraphs 10 to 12 of Schedule 1, paragraph (1) only applies to premises that are indoors.
5
After regulation 19 insert—
Restrictions on food and drink businesses19A
1
A person responsible for carrying on a business or providing a service listed in paragraphs 5 to 7 of Schedule 2—
a
may not open its premises to customers before 6.00 a.m. each day;
b
must close the premises to customers at or before 6.00 p.m. each day.
2
The person responsible for the business may not—
a
sell or supply alcohol for consumption on its premises;
b
permit the consumption of alcohol on the premises.
3
For the purposes of this regulation, an 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 listed in paragraphs 5 to 7 of Schedule 2 (“business A”) is subject to a requirement or restriction under this regulation, and
b
business A forms part of a larger business (“business B”),
the requirement or restriction is complied with if the person responsible for carrying on business B complies with the requirement or restriction.
Restrictions on food and drink businesses: exceptions19B
1
Regulation 19A(1) does not apply to—
a
premises located in—
i
a sea port;
ii
an airport;
iii
an educational establishment;
iv
a hospital or care home;
b
workplace canteens, where there is no practical alternative for people at that workplace to obtain food between 6.00 p.m. and 6.00 a.m.;
c
premises used for the provision of food or drink to homeless persons.
2
Regulation 19A(1) does not prevent premises being used to sell or supply food or drink for consumption off the premises.
3
If—
a
the celebration of a marriage or formation of a civil partnership is being held on premises to which regulation 19A applies, and
b
the celebration was booked before 6.00 p.m. on 4 December 2020,
the premises may, despite regulation 19A(1)(b), remain open until 10.00 p.m. for the purposes of holding the celebration.
4
Paragraphs (5) and (6) apply where premises of a business or service listed in paragraphs 5 to 7 of Schedule 2 (“the restricted premises”) form part of the premises of holiday or travel accommodation.
5
Regulation 19A(1) does not—
a
require the restricted premises to be closed to the residents of the holiday or travel accommodation;
b
prevent the sale of food or drink to residents—
i
as part of room service, or
ii
between 6.00 a.m. and 10.00 p.m. in any part of the premises of the holiday or travel accommodation.
6
Neither regulation 19A(1) nor (2)—
a
prevents residents from consuming food or drink (including alcohol) at any time in their private room;
b
prevents the sale of alcohol to residents as part of room service (but see regulation 20).
6
In regulation 20—
a
omit paragraphs (2) to (5);
b
in paragraph (6), for “Paragraphs (1) and (2) do not allow the premises to be open, or” substitute “
Paragraph (1) does not allow
”
;
c
omit paragraph (7).
7
In regulation 25(3)—
a
after “19(1),” insert “
19A(1) or (2),
”
;
b
for “20(1) or (2)” substitute “
20(1)
”
.
8
In regulation 28(4), for “, 14(2) or 18A(3)” substitute “
or 14(2)
”
.
9
In regulation 31(4), for “, 14(2) or 18A(3)” substitute “
or 14(2)
”
.
10
In regulation 32, at the end insert—
4
An enforcement officer may enter premises used wholly or mainly as a private dwelling only if the enforcement officer is a constable.
11
In regulation 34—
a
in paragraph (1), omit “, including requiring any person to give any information or answer any question the officer considers to be relevant to the exercise of the power”;
b
after paragraph (1) insert—
1A
Action taken under paragraph (1) may include requiring any person to give any information or answer any question the officer considers—
a
necessary to enable the officer to determine whether to exercise a power conferred on the officer by this Part, or
b
is otherwise relevant to the exercise of such a power.
12
In regulation 35—
a
in paragraph (1)—
i
in sub-paragraph (a), omit “18A(3),”;
ii
in sub-paragraph (b)—
aa
after “19(1),” insert “
19A(1) or (2),
”
;
bb
for “20(1) or (2)” substitute “
20(1)
”
;
b
in paragraph (5), before sub-paragraph (a) insert—
za
without reasonable excuse, fails to take the measures specified in a premises improvement notice issued under paragraph 1(1) of Schedule 3 within the time limit specified in the notice,
13
For regulation 42(1) substitute—
42
1
This regulation applies to a fixed penalty notice issued in respect of an alleged offence—
a
of contravening—
i
regulation 19(1), 19A(1) or (2), or 20(1), or
i
paragraph 3(1) of Schedule 3, or
b
under regulation 35(5)(za),
(referred to in this regulation as an “alleged business offence”).
14
In regulation 46(1)(c)(i), for “or 20(1) or (2)” substitute “
, 19A(1) or (2), or 20(1)
”
.
15
In Schedule 1, at the end insert—
5
Bingo halls.
6
Bowling alleys, amusement arcades and indoor play areas.
7
Casinos.
8
Cinemas.
9
Skating rinks.
10
Funfairs, amusement parks and theme parks.
11
Museums and galleries.
12
Visitor attractions.
16
In Schedule 2—
a
omit paragraphs 13, 14, 17, 18, 25, 33 and 38;
b
in paragraph 30, after “Libraries” insert “
and archive services
”
;
c
in paragraph 45, for “Visitor attractions and holiday” substitute “
Holiday
”
;
d
after paragraph 45 insert—
45A
A business or service which is listed in Schedule 1 to the extent that the premises are permitted to be—
a
open by virtue of regulation 19(1A), or
b
used by virtue of regulation 19(2).
17
In Schedule 3, in paragraph 2, at the end insert—
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 in respect of an alleged offence under regulation 35(5)(za), or
ii
proceedings have been brought for such an offence,
in relation to that failure,
the enforcement officer may nevertheless issue a premises closure notice under sub-paragraph (1).
Amendment of the Health Protection (Coronavirus Restrictions) (Functions of Local Authorities etc.) (Wales) Regulations 2020I33
1
The Health Protection (Coronavirus Restrictions) (Functions of Local Authorities etc.) (Wales) Regulations 2020 F5 are amended as follows.
2
In regulation 3(1), for “8 January” substitute “
19 February
”
.
3
In regulation 6—
a
for paragraph (2) substitute—
2
In considering whether the public health conditions are met, a local authority must, in particular, have regard to—
a
whether people are gathering, or are likely to gather, at the event in contravention of regulation 6 of the Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020;
b
where the event is held wholly or mainly indoors, whether more than 15 people are, or are likely to be, in attendance;
c
where the event is held wholly or mainly outdoors, whether more than 30 people are, or are likely to be, in attendance.
b
after paragraph (7), insert—
8
For the purposes of paragraph (2), an event is to be treated as being held indoors if it is held in premises which are enclosed or substantially enclosed within the meaning given by regulation 2 of the Smoke-free Premises etc. (Wales) Regulations 2007 F6.
4
In regulation 17, at the end insert—
4
An enforcement officer may enter premises used wholly or mainly as a private dwelling only if the enforcement officer is a constable.
5
In regulation 19(10), after sub-paragraph (b) insert—
c
the Health Protection (Coronavirus Restrictions) (No. 3) (Wales) Regulations 2020 F7;
6
In regulation 20, after “Prosecutions” insert “
, a local authority
”
.
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.