The Health Protection (Coronavirus Restrictions) (No. 3) (Wales) Regulations 2020
| Year | 2020 |
2020 No. 1149 (W. 261)
Public Health, Wales
The Health Protection (Coronavirus Restrictions) (No. 3) (Wales) Regulations 2020
Made 21th October 2020
Laid before Senedd Cymru 22th October 2020
Coming into force 23th October 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 19841.
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
Title, application and coming into force
1.—(1) The title of these Regulations is the Health Protection (Coronavirus Restrictions) (No. 3) (Wales) Regulations 2020.
(2) These Regulations apply in relation to Wales.
(3) These Regulations come into force at 6.00 p.m. on 23 October 2020.
Expiry
2.—(1) These Regulations expire at the end of the day on 8 November 2020.
(2) This regulation does not affect the validity of anything done pursuant to these Regulations before they expire.
PART 2
Restrictions on movement and gathering with others
Requirement to stay at home
3.—(1) No person in Wales may, without a reasonable excuse, leave the place where they are living or remain away from that place.
(2) A reasonable excuse includes the need to do the following—
(a)
(a) obtain supplies from any business or service listed in Part 3 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;
(b)
(b) obtain or provide medical assistance, including accessing any of the services referred to in paragraph 47 of Part 3 of Schedule 1 or accessing veterinary services;
(c)
(c) provide, receive or access care or assistance, including childcare or relevant personal care within the meaning of paragraph 7(3B) of Schedule 4 to the Safeguarding of Vulnerable Groups Act 20062, where the person receiving the care is a vulnerable person;
(d)
(d) work or provide voluntary or charitable services, where it is not reasonably practicable to do so from home;
(e)
(e) where the person is an elite athlete, train and prepare for, and compete in, a specified sporting event;
(f)
(f) provide coaching and other support to an elite athlete in connection with a specified sporting event;
(g)
(g) officiate at or otherwise be involved in running a specified sporting event;
(h)
(h) exercise, either—
(i) alone,
(ii) with other members of the person’s household, or
(iii) with the person’s carer;
(i)
(i) provide or receive emergency assistance;
(j)
(j) attend a solemnization of a marriage or formation of a civil partnership—
(i) as a party to the marriage or civil partnership,
(ii) if invited to attend, or
(iii) as the carer of a person attending;
(k)
(k) attend a funeral—
(i) as a person responsible for arranging the funeral,
(ii) if invited by a person responsible for arranging the funeral, or
(iii) as the carer of a person attending;
(l)
(l) meet a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings;
(m)
(m) access or receive public services;
(n)
(n) access or receive educational services, subject to regulations 6 and 7;
(o)
(o) in relation to children who do not live in the same household as their parents, or one of their parents, continue existing arrangements for access to, and contact between, parents and children, and for the purposes of this paragraph, “parent” includes a person who is not a parent of the child, but who has parental responsibility for, or who has care of, the child;
(p)
(p) obtain money from or deposit money with any business or service listed in paragraph 44 or 45 of Part 3 of Schedule 1;
(q)
(q) move home;
(r)
(r) prepare a residential property for persons to move in;
(s)
(s) avoid injury or illness or escape a risk of harm.
(3) A person also has a reasonable excuse to leave the place where they are living to attend an event to commemorate Remembrance Sunday that—
(a)
(a) is held on 7 or 8 November 2020;
(b)
(b) is held outdoors;
(c)
(c) has no more than 30 people attending.
(4) In paragraph (2)(h)—
(a)
(a) exercise must start and finish at the place where the person is living, or
(b)
(b) where, for reasons of physical or mental illness or impairment, or a disability (within the meaning of section 6 of the Equality Act 20103), the person needs to exercise in another place, exercise must take place in an area local to the place where the person is living.
(5) Paragraph (1) does not apply to a person who is homeless.
Requirement not to gather with other people
4.—(1) Where a person is not at the place where they are living (by virtue of having a reasonable excuse under regulation 3), that person may not, without a reasonable excuse, gather with any other person apart from—
(a)
(a) members of their household,
(b)
(b) their carer, or
(c)
(c) a person they are providing care to.
(2) A reasonable excuse includes the need to do the following—
(a)
(a) work or provide voluntary or charitable services, where it is not reasonably practicable to do so without gathering with others;
(b)
(b) meet a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings;
(c)
(c) access or receive public services;
(d)
(d) access or receive educational services, subject to regulations 6 and 7;
(e)
(e) provide, receive or access care or assistance, including childcare or relevant personal care within the meaning of paragraph 7(3B) of Schedule 4 to the Safeguarding of Vulnerable Groups Act 2006, where the person receiving the care is a vulnerable person;
(f)
(f) where the person is an elite athlete, train and prepare for, and compete in, a specified sporting event;
(g)
(g) provide coaching and other support to an elite athlete in connection with a specified sporting event;
(h)
(h) officiate at or otherwise be involved in running a specified sporting event;
(i)
(i) provide or receive emergency assistance;
(j)
(j) attend a solemnization of a marriage or formation of a civil partnership—
(i) as a party to the marriage or civil partnership,
(ii) if invited to attend, or
(iii) as the carer of a person attending;
(k)
(k) attend a funeral—
(i) as a person responsible for arranging the funeral,
(ii) if invited by a person responsible for arranging the funeral, or
(iii) as the carer of a person attending.
(3) A person also has a reasonable excuse to gather with another person to attend an event to commemorate Remembrance Sunday that—
(a)
(a) is held on 7 or 8 November 2020;
(b)
(b) is held outdoors;
(c)
(c) has no more than 30 people attending.
Restriction on travelling into Wales
5.—(1) No person living outside Wales may, without a reasonable excuse, enter or remain in Wales.
(2) A reasonable excuse includes the need to do the following in Wales—
(a)
(a) obtain—
(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;
(b)
(b) obtain money from or deposit money with any business or service listed in paragraph 44 or 45 of Part 3 of Schedule 1;
(c)
(c) obtain or provide medical assistance, including accessing any of the services referred to in paragraph 47 of Part 3 of Schedule 1 or accessing veterinary services;
(d)
(d) provide, receive or access care or assistance, including childcare or relevant personal care within the meaning of paragraph 7(3B) of Schedule 4 to the Safeguarding of Vulnerable Groups Act 2006, where the person receiving the care is a vulnerable person;
(e)
(e) work or provide voluntary or charitable services where it is not reasonably practicable to carry out the work or provide the service from outside Wales;
(f)
(f) where the person is an elite athlete, train and prepare for, and compete in, a specified sporting event;
(g)
(g) provide coaching and other support to an elite athlete in connection with a specified sporting event;
(h)
(h) officiate at or otherwise be involved in running a specified sporting event;
(i)
(i) provide or receive emergency assistance;
(j)
(j) attend a solemnization of a marriage or formation of a civil partnership—
(i) as a party to the marriage or civil partnership,
(ii) if invited to attend, or
(iii) as the carer of a person attending;
(k)
(k) attend a funeral—
(i) as a person responsible for arranging the funeral,
(ii) if invited by a person responsible for arranging the funeral, or
(iii) as the carer of a person attending;
(l)
(l) meet a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings;
(m)
(m) access or receive public services;
(n)
(n) access or receive educational services, subject to regulations 6 and 7;
(o)
(o) in relation to children who do not live in the same household as their parents, or one of their parents, continue existing arrangements for access to, and contact between, parents and children, and for the purposes of this paragraph, “parent” includes a person who is not...
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