The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020

Made: at 5.45 p.m. on 18 December 2020

Laid before Senedd Cymru: at 10.00 p.m. on 18 December 2020

Coming into force in accordance with regulation 1(3) and (4

The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 45C(1) and (3), 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 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.

PART 1 — Introduction, review and expiry

Title, application and coming into force

1

• (1) The title of these Regulations is the Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020.

• (2) These Regulations apply in relation to Wales.

• (3) These Regulations, other than Part 6, come into force on 20 December 2020.

• (4) Part 6 comes into force on 23 December 2020.

Review

2

The Welsh Ministers must review the need for the restrictions and requirements imposed by these Regulations, and whether those restrictions and requirements are proportionate to what the Welsh Ministers seek to achieve by them—

• (a) by 7 January 2021;

• (b) at least once in the period from 8 January 2021 to 28 January 2021;

• (c) at least once in each subsequent period of 21 days.

Expiry

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These Regulations expire at the end of the day on 30 May 2022.

PART 2 — Levels of restrictions on gathering, travelling, and on use of premises of businesses and services

Levels of restrictions

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• (1) Schedules 1 to 4 set out restrictions and requirements that may apply in an area in relation to—

• (a) gatherings;

• (b) organising events;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) the use of premises of specified businesses or services that are ordinarily open to the public.

• (2) The restrictions and requirements set out in Schedule 1 apply in relation to an Alert Level 1 area.

• (3) The restrictions and requirements set out in Schedule 2 apply in relation to an Alert Level 2 area.

• (4) The restrictions and requirements set out in Schedule 3 apply in relation to an Alert Level 3 area.

• (5) The restrictions and requirements set out in Schedule 4 apply in relation to an Alert Level 4 area.

• (6) Schedule 5 sets out which one of Schedules 1 to 4 apply to an area by specifying a level for that area.

• (6ZA) But Schedule 5 may provide that none of Schedules 1 to 4 apply to an area by specifying that no alert level applies to the area.

• (6A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) In these Regulations—

• (a) an “Alert Level 1 area” is an area specified in the table in Schedule 5, where the table indicates it is an Alert Level 1 area;

• (b) an “Alert Level 2 area” is an area specified in the table in Schedule 5, where the table indicates it is an Alert Level 2 area;

• (c) an “Alert Level 3 area” is an area specified in the table in Schedule 5, where the table indicates it is an Alert Level 3 area;

• (d) an “Alert Level 4 area” is an area specified in the table in Schedule 5, where the table indicates it is an Alert Level 4 area.

PART 3 — Requirement to isolate etc.

CHAPTER 1 — Requirement to isolate etc. where person tests positive for coronavirus or has close contact with such person

Interpretation of Part

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Requirement to isolate: adult with coronavirus

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Requirement to isolate: child with coronavirus

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Requirement to isolate after close contact: adult

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Requirement to isolate after close contact: child

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Isolation requirements: general exceptions

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Isolation requirements: exception for participants in a testing scheme

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Requirement on persons with responsibility for children

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Withdrawing a notice which requires isolation

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CHAPTER 2 — Information

Power to use and disclose information

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PART 4 — Taking preventative measures in regulated premises

Regulated premises and responsible persons

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• (1) For the purposes of these Regulations, the following are “regulated premises”—

• (a) premises of businesses or services listed in Schedule 7, to the extent that that the public have or are permitted access to the premises;

• (b) a vehicle used to provide a public transport service;

• (c) other premises where work is being carried out.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirement to take all reasonable measures to minimise the risk of exposure to coronavirus

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Specific measures applicable to licensed premises

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Guidance about taking reasonable measures

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PART 5 — Face coverings

Requirement to wear face covering on public transport

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Requirement to wear face covering in certain indoor public places

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• (1) A person (“P”) must wear a face covering in indoor public areas of —

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (h) premises used for the provision of medical, health or dental services, audiology, chiropody, chiropractor, osteopath, optometry, physiotherapy or acupuncture services, or other medical or health services including services relating to mental health;

• (i) premises used for the provision of a social care service, including care home services,, secure accommodation services, residential family centre services and adult day care services;

• (j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) But this is not required—

• (a) where P is a child under the age of 11;

• (aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) where P has a reasonable excuse not to wear a face covering, as to which see paragraph (3).

• (3) The circumstances in which P has a reasonable excuse to not wear a face covering include—

• (a) where P is unable to put on, wear or remove a face covering because of a physical or mental illness or impairment, or a disability (within the meaning of section 6 of the Equality Act 2010);

• (b) where P is undertaking an activity and wearing a face covering during that activity may be considered to be a risk to P's health;

• (c) where P has to remove the face covering to communicate with a person who has difficulty communicating (in relation to speech, language or otherwise);

• (d) where P has to remove the face covering in order to avoid harm or injury, or the risk of harm or injury, to P or others;

• (e) where P is at the premises to avoid injury, or to escape a risk of harm, and does not have a face covering;

• (f) where P has to remove the face covering to—

• (i) take medication;

• (ii) eat or drink, where reasonably necessary;

• (g) where P is asked to remove the face covering by an enforcement officer;

• (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (i) in relation to premises described in paragraph (1)(i), where P is resident in the premises.

• (3A) Paragraph (1) does not apply—

• (a) when the public do not have access to the premises;

• (b) where P is in premises where food or drink is sold, or otherwise provided, for consumption on the premises.

• (4) For the purposes of paragraph (3A)(b), where—

• (a) a business (“business A”) sells, or otherwise provides, food or drink for consumption on the business premises,

• (b) business A forms part of a larger business (“business B”), and

• (c) business B also carries on its business on the premises, but does not sell, or otherwise provide, food or drink for consumption on those premises,

P is to be treated as being in premises where food or drink is sold, or otherwise provided, for consumption on the premises only where P is in the part of the premises at which business A carries on its business.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) For the purposes of paragraph (1)(i), a “social care service” has the same meaning as a “regulated service” in section 2(1) of the Regulation and Inspection of Social Care (Wales) Act 2016.

Guidance about requirements to wear face coverings

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PART 6 — Provision of education in school

Provision of education in school to certain pupils when school premises are closed

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Failure to comply with regulation 22

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Interpretation of this Part

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PART 7 — Enforcement

Enforcement officers

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• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) For the purposes of regulations ... 20, 27 to 29, 31 to 34, 36 and 47, an “enforcement officer” means—

• (a) a constable,

• (b) a police community support officer,

• (c) a person designated by—

• (i) the Welsh Ministers, or

• (ii) a local authority,

for the purposes of these Regulations (but see paragraph (3)), or

• (d) a person designated by the Welsh Ministers or a local authority under—

• (i) regulation 10(11)(c) of the Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020 as a relevant person (within the meaning given by that regulation),

• (ii) regulation 17(1) of the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020 for the purposes of those Regulations,

• (iii) regulation 21(2) of the Health Protection (Coronavirus Restrictions) (No. 3) (Wales) Regulations 2020 for the purposes of those Regulations, or

• (iv) under regulation 25(2) of the Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020,

(but see paragraph (3)).

• (3) A person designated by a local authority may exercise an enforcement officer's functions only—

• (a) in relation to a contravention (or alleged contravention) of a requirement in—

• (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ii) paragraph 7(1) ... of Schedule 1,

• (iii) paragraph 7(1) ... of Schedule 2,

• (iv) paragraph 7(1), 8(1) or 9(1) of Schedule 3, or

• (v) paragraph 7(1), 8(1), 9(1) , 10(1) or 11(3) of Schedule 4, or

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement of requirement to take preventative measures

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Compliance notices

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• (1) An enforcement officer may give a compliance notice to a person if the officer has reasonable grounds for suspecting that the person is contravening a requirement in—

• (za) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) paragraph 7(1) ... of Schedule 1,

• (c) paragraph 7(1) ... of Schedule 2,

• (d) paragraph 7(1), 8(1) or 9(1) of Schedule 3, or

• (e) paragraph 7(1), 8(1), 9(1) , 10(1) or 11(3) of Schedule 4.

• (2) A compliance notice may specify measures that the person to whom it is given must take as soon as is reasonably practicable so as to prevent that person from continuing to contravene the requirement.

Powers of removal and dispersal: gatherings and being away from home

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• (1) Paragraph (2) applies where an enforcement officer has reasonable grounds for suspecting that a person is participating in a gathering in a private dwelling in contravention of—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) paragraph 1(1) of Schedule 3, or

• (d) paragraph 2(1) of Schedule 4.

• (2) The enforcement officer may—

• (a) direct the gathering to disperse;

• (b) if the officer has reasonable grounds to suspect that the person does not live at the dwelling—

• (i) direct the person to leave the dwelling;

• (ii) remove the person from the dwelling.

• (3) Paragraph (4) applies where an enforcement officer has reasonable grounds for suspecting that a person is participating in a gathering in a place other than a private dwelling in contravention of—

• (a) paragraph 2(1) ... of Schedule 1,

• (b) paragraph 2(1) ... of Schedule 2,

• (c) paragraph 2(1) or 3(1) of Schedule 3, or

• (d) paragraph 2(1) of Schedule 4.

• (4) The enforcement officer may—

• (a) direct the gathering to disperse;

• (b) direct the person to leave the place where the gathering is taking place;

• (c) remove the person from that place.

• (5) Where an enforcement officer has reasonable grounds for suspecting that a person is away from the place where the person is living in contravention of paragraph 1(1) of Schedule 4, the officer may—

• (a) direct the person to return to the place where the person is living;

• (b) remove the person to that place.

Powers relating to travel restrictions

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Powers relating to contravention of isolation requirement

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Powers relating to events

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• (1) Paragraph (2) applies where an enforcement officer has reasonable grounds for suspecting that a person (“P”) is—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) involved in organising an event in contravention of (or which the officer considers likely to be in contravention of) paragraph 4 of Schedule 1, paragraph 4 of Schedule 2, paragraph 5 of Schedule 3 or paragraph 4 of Schedule 4.

• (2) The enforcement officer may—

• (a) direct P to follow such instructions as the officer considers necessary in order to stop the event;

• (b) remove P from the location of the event;

• (c) direct any person to leave the event;

• (d) remove any person from the event;

• (e) where the event has not started—

• (i) direct P to follow such instructions as the officer considers necessary in order to stop the event from taking place;

• (ii) remove P from the proposed location of the event.

• (3) Where an enforcement officer has reasonable grounds for suspecting that a person (“P”) is involved in organising an event authorised under paragraph 5 of Schedule 1, paragraph 5 of Schedule 2 , paragraph 6 of Schedule 3 ... or paragraph 5 of Schedule 4 which the officer considers is being held in contravention of a requirement, restriction or other condition specified in relation to the authorisation, the officer may—

• (a) direct P to follow such instructions as the officer considers necessary in order to secure compliance with the requirement, restriction or other condition;

• (b) direct P to follow such instructions as the officer considers necessary in order to stop the event;

• (c) remove P from the location of the event;

• (d) direct any person to leave the event;

• (e) remove any person from the event.

Enforcement of face covering requirements

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• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Where an enforcement officer has reasonable grounds to suspect that a person is contravening (or is about to contravene) regulation 20(1), the officer may—