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

Type Welsh-Statutory-Instrument

Publication 2020-09-17

State In force

Jurisdiction Wales

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

Reform history JSON API PDF

Made: 17 September 2020

Laid before Senedd Cymru: at 11.00 a.m. on 18 September 2020

Coming into force: at 12.01 a.m. on 18 September 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 .

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 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.

RHAN 1 — Cyflwyniad

Title, application and coming into force

1

(1) The title of these Regulations is the Health Protection (Coronavirus Restrictions) (Functions of Local Authorities etc.) (Wales) Regulations 2020.

(2) These Regulations apply in relation to Wales.

(3) These Regulations come into force at 12.01 a.m. on 18 September 2020.

Interpretation

2

In these Regulations—

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

(b) “enforcement officer” has the meaning given by regulation 15;

(d) “local authority” means the council of a county or county borough in Wales;

(e) “premises” includes any building or structure and any land;

(f) “premises direction” has the meaning given by regulation 5;

(g) “public place” has the meaning given by regulation 7(2);

(h) “public place direction” has the meaning given by regulation 7.

Expiry

3

(1) These Regulations expire at the end of the day on 18 April 2022.

(2) This regulation does not affect the validity of anything done pursuant to these Regulations before they expire.

PART 2 — Local authority directions in relation to premises, events and public places

CHAPTER 1 — Giving and withdrawing directions

Public health conditions for giving directions

4

(1) If it considers that the public health conditions are met, a local authority may give—

(a) a premises direction under regulation 5;

(b) an event direction under regulation 6;

(2) For the purposes of these Regulations, the “public health conditions” are that—

(a) the direction is a response to a serious and imminent threat to public health,

(b) the direction is necessary for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection by coronavirus in the local authority's area, and

(c) the prohibitions, requirements or restrictions imposed by the direction are a proportionate means of achieving that purpose.

Premises directions

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(1) A local authority may give a premises direction in respect of any premises in its area.

(2) A premises direction may—

(a) require the premises to be closed;

(b) impose restrictions or requirements in relation to entering or leaving the premises;

(d) impose restrictions in relation to the number or description of persons permitted on the premises.

(3) But a premises direction may not be given in relation to premises which form part of critical infrastructure.

(4) Before giving a premises direction, a local authority must have regard to the need to ensure that members of the public have access to essential goods and public services.

(5) Where a local authority gives a premises direction, it must take reasonable steps to give prior notice of the direction to—

(a) a person carrying on a business from the premises to which the direction relates, and

(b) (if different) any person who owns or occupies the premises.

(6) A person responsible for premises to which a premises direction relates must take the steps necessary to comply with the direction as soon as is reasonably practicable after the direction takes effect.

(7) No person may, without reasonable excuse, act in contravention of a premises direction.

Event directions

6

(1) A local authority may give an event direction in respect of any event held, or proposed to be held, in its area.

(2) In considering whether the public health conditions are met, a local authority must, in particular, have regard to whether people are gathering, or are likely to gather, at the event in contravention of whichever of the following provisions of the Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020 applies to the area in which the event is held or is proposed to be held—

(a) paragraph 2 of Schedule 1;

(b) paragraph 2 of Schedule 2;

(d) paragraph 2 of Schedule 4.

(3) An event direction may—

(a) require the event to stop or not to be held;

(b) impose restrictions or requirements in relation to entering or leaving the event;

(d) impose any other restrictions or requirements in relation to the holding of the event (including, for example, requirements relating to the attendance of medical or emergency services at the event).

(4) Where a local authority gives an event direction it must take reasonable steps to give prior notice of the direction to—

(a) a person involved in the organisation of the event, and

(b) (if different) any person who owns or occupies the premises at which the event takes place or is proposed to take place.

(5) A person involved in organising an event to which an event direction relates must take the steps necessary to comply with the direction as soon as is reasonably practicable after the direction takes effect.

(6) No person may, without reasonable excuse, act in contravention of an event direction.

(7) For the purposes of this Part, a person is not involved in organising an event if the person's only involvement is, or would be, attending it.

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Public place directions

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(1) A local authority may give a public place direction in respect of any public place in the authority’s area.

(2) For the purposes of these Regulations, “public place” means an outdoor place to which the public have or are permitted access, whether on payment or otherwise, including—

(a) land laid out as a public garden or used for the purpose of recreation by members of the public;

(b) land which is “open country” as defined in section 59(2) of the National Parks and Access to the Countryside Act 1949, as read with section 16 of the Countryside Act 1968;

(d) a public path;

(e) access land.

(3) A public place direction may impose prohibitions, requirements or restrictions in relation to—

(a) access to the public place (including, in particular, prohibiting access at specified times);

(b) activities carried on in the public place (including, in particular, prohibiting or restricting the consumption of alcohol).

(4) But a public place direction may not—

(a) impose prohibitions, requirements or restrictions—

(i) in relation to access to a public path or access land (see instead regulation 14);

(ii) on the consumption of alcohol in premises in the public place which are authorised for the sale or supply of alcohol;

(b) impose prohibitions or requirements in relation to access to the public place or an activity carried on in the place if such a prohibition or requirement has effect in relation to the place by virtue of a public spaces protection order made under section 59 of the Anti-social Behaviour, Crime and Policing Act 2014.

(5) Where—

(a) a byelaw imposes a prohibition, requirement or restriction relating to access to, or an activity carried on in, a public place, and

(b) access to, or the carrying on of that activity in, the public place is prohibited or restricted by, or subject to a requirement in, a public place direction,

the prohibition, requirement or restriction imposed by the bylaw is of no effect in relation to the public place for so long as the public place direction has effect.

(6) A public place direction must describe the public place in sufficient detail to enable its boundaries to be determined.

(7) A local authority which gives a public place direction must take such steps as are reasonably practicable—

(a) where the direction prohibits or restricts access to the public place, to prevent or restrict such access (including by erecting and maintaining notices in prominent places informing the public of the direction);

(b) where the direction prohibits, restricts or imposes requirements on the carrying on of an activity in the public place, to bring the direction to the attention of members of the public who may be in the public place (including by erecting and maintaining notices in prominent places informing the public of the direction);

(d) to ensure that the direction is brought to the attention of any person who owns, occupies or is responsible for premises in the public place.

(8) Where a public place direction prohibits or restricts access to the public place, any person, other than a local authority, who owns, occupies or is responsible for premises in the public place must take such steps as are reasonably practicable to prevent or restrict public access to the premises in accordance with the direction.

(9) No person may, without reasonable excuse—

(a) enter or remain in a public place;

(b) carry on an activity in a public place,

in contravention of a prohibition, requirement or restriction imposed by a public place direction.

(10) A local authority may not give a public place direction in respect of a public place which includes property to which section 73 of the Public Health (Control of Disease) Act 1984 (Crown property) applies.

(11) But a local authority may give a public place direction in respect of such a place if the authority has entered into an agreement under section 73(2) with the appropriate authority (within the meaning given by that section) that—

(a) section 45C of the same Act, and

(b) these Regulations,

apply to the property (subject to such terms as may be included in the agreement).

(12) For the purposes of this regulation—

(a) “access land” has the meaning given in regulation 14(7)(c),

(b) “alcohol” has the meaning given by section 191 of the Licensing Act 2003;

(d) 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.

Review and revocation

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(1) Where a local authority gives a direction under this Part, the authority must review whether the public health conditions continue to be met in relation to the direction—

(a) at least once in the period of 7 days beginning on the day after the day direction is given, and

(b) at least once in every subsequent period of 7 days.

(2) If, on a review under paragraph (1), the local authority considers that the public health conditions are no longer met, the local authority must withdraw the direction.

(3) Paragraph (2) does not prevent a local authority from withdrawing a direction at any time if the authority considers that the public health conditions are no longer met in relation to the direction.

(4) A direction is withdrawn by giving notice in writing to each person to whom the direction was given.

(5) Paragraphs (2) and (3) of regulation 11 apply to a withdrawal as they apply to a direction.

(6) A direction ceases to have effect at the time notice of withdrawal is given.

Requirement to have regard to advice or guidance and to consult

9

In determining whether to give or withdraw a direction under this Part a local authority must—

(a) have regard to—

(i) any advice given to it by the authority's Director of Public Protection;

(ii) any guidance issued by the Welsh Ministers about directions under this Part, and

(b) consult the Welsh Ministers if it is reasonably practicable to do so.

CHAPTER 2 — Form and procedure

Form and content of directions

10

A direction given under this Part must—

(a) be in writing;

(b) contain a description of the premises, event or public place to which the direction relates (and in the case of a public place direction see regulation 7(6));

(c) state the date and time from which each prohibition, requirement or restriction imposed by the direction takes effect (which must not be earlier than when the direction is given);

(d) state the date and time at which each such prohibition, requirement or restriction ceases to have effect (which must be no later than 21 days after it takes effect);

(e) set out the reasons why the local authority considers the public health conditions to be met in relation to the direction;

(f) give details of the right of appeal, and the right to make representations, conferred by regulation 12.

Giving a direction

11

(1) A local authority gives a direction under this Part by giving the direction in writing—

(a) in the case of a premises direction, to—

(i) a person carrying on a business from the premises to which the direction relates, and

(ii) (if different) a person who owns, occupies or is otherwise responsible for the premises;

(b) in the case of an event direction, to—

(i) a person involved in organising the event to which the direction relates, and

(ii) (if different) a person who owns, occupies or is otherwise responsible for the premises at which the event takes place or is proposed to take place;

(i) a person carrying on a business from premises within the public place to which the direction relates, and

(ii) each person who owns, occupies or is otherwise responsible for any premises in the public place.

(2) If it is not reasonably practicable for a local authority to give a direction in accordance with paragraph (1), the direction is to be treated as given in accordance with that paragraph when it is published in such manner as the local authority considers appropriate to bring it to the attention of persons who may be affected by it.

(3) As soon as reasonably practicable after a local authority gives a direction under this Part the local authority must—

(a) give a copy of the direction to any other person named in the direction,

(b) send a copy of the direction to—

(i) the Welsh Ministers,

(ii) every other local authority whose area is adjacent to the authority's area,

(iii) where the local authority's area is adjacent to the area of a county or district council in England, that council, and

(c) publish the direction in such manner as the local authority considers appropriate to bring it to the attention of persons who may be affected by it.

Appeals and representations

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(1) In this regulation, “interested person” means—

(a) in the case of a premises direction—

(i) a person carrying on a business from the premises to which the direction relates;

(ii) (if different) a person who owns or occupies the premises;

(b) in the case of an event direction—

(i) a person involved in organising the event to which the direction relates;

(ii) (if different) a person who owns or occupies the premises at which the event takes place or is proposed to take place;

(i) a person carrying on a business from premises within the public place to which the direction relates;

(ii) a person who owns, occupies or is responsible for any premises in the public place.

(2) An interested person may—

(a) appeal against the direction to a magistrates' court by way of complaint for an order, and the Magistrates' Courts Act 1980 applies to the proceedings;

(b) make representations to the Welsh Ministers about the direction.

(3) Where an interested person makes representations to the Welsh Ministers under this regulation the Welsh Ministers must—

(a) consider the representations as soon as is reasonably practicable, and

(b) decide whether it would be appropriate to exercise the power in regulation 13(1).

(4) The Welsh Ministers must provide written reasons for the decision in paragraph (3)(b) to—

(a) the interested person, and

(b) the local authority which gave the direction.

(5) Making representations under paragraph (2)(b) does not affect an interested person's right of appeal under paragraph (2)(a).

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