The Health Protection (Coronavirus Restrictions) (Wales) (Amendment) (No. 2) Regulations 2020

Publication Date:January 01, 2020
 
FREE EXCERPT

2020No. 452 (W. 102)

PUBLIC HEALTH, WALES

The Health Protection (Coronavirus Restrictions) (Wales) (Amendment) (No. 2) Regulations 2020

Made at 11:45 a.m. on24April2020

Laid before the National Assembly for Wales at 2:45 p.m. on24April2020

Coming into force at 12.01 a.m. on25April2020

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( 1).

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 proposrtionate 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, the National Assembly for Wales.

Title, coming into force and application

1.—(1) The title of these Regulations is the Health Protection (Coronavirus Restrictions) (Wales) (Amendment) (No. 2) Regulations 2020 and they come into force at 12.01 a.m. on 25 April 2020.

(2) In these Regulations, “the principal Regulations” means the Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020( 2).

Termination directions

2. In regulation 3 of the principal Regulations, for paragraph (4) substitute—

“(4) The Welsh Ministers may, if they consider it appropriate to do so having regard to the need to prevent, protect against, control or provide a public health response to the incidence or spread of infection in Wales with the coronavirus, publish a direction terminating a requirement or restriction in relation to—

(a) a specified business or service or a specified description of business or service;

(b) a specified description of persons;

(c) a specified part of Wales.

(4A) The termination of a restriction or requirement by a direction does not affect—

(a) any punishment incurred in respect of any offence committed under these Regulations before the restriction or requirement is terminated,

(b) any fixed penalty notice issued under regulation 13 in relation to conduct occurring before the restriction or requirement is terminated, or

(c) any investigation, legal proceeding or remedy in respect of—

(i) any such offence or conduct, or

(ii) any alleged offence under these Regulations that is alleged to have been committed before the restriction or requirement is terminated,

and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such punishment or penalty may be imposed, as if the termination had not occurred.”

Physical distancing requirement in relation to certain premises

3.—(1) Regulations 4, 5, 6 and 6A of the principal Regulations are amended as follows.

(2) After regulation 4(5) insert—

“(5A) Paragraph (5B) applies—

(a) to premises used to carry on a business or provide a service mentioned in subparagraph (1)(a), (b) or (c) of paragraph 2 of Schedule 1, or

(b) where premises used to carry on a business or provide a service listed in Part 2 or 3 of Schedule 1 are used for a purpose mentioned in paragraph (5).

(5B) Where this paragraph applies, the person responsible for carrying on the business or providing the service must, during the emergency period, 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).”

(3) After regulation 5(3A) insert—

“(3B) Paragraph (3C) applies where premises used for a business listed in Part 3 of Schedule 1 are used—

(a) to provide accommodation in accordance with paragraph (3), or

(b) to carry on the business in accordance with paragraph (3A).

(3C) Where this paragraph applies, the person responsible for carrying on the business must, during the emergency period, 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).”

(4) In regulation 6, after paragraph (2) insert—

“(2A) Where premises are not closed because they are premises required in order to carry on a business as permitted by paragraph (2)(a), the person responsible for carrying on the business must, during the emergency period, 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, for paragraph (2) substitute—

“(2) Paragraph (1) does not apply to premises—

(a) used in the carrying on of a business, or provision of a service, listed in Schedule 1, or

(b) to which regulation 6(2A) applies.”

Restriction on persons leaving or being outside of the place where they live

4.—(1) Regulation 8 of the principal Regulations is amended as follows.

(2) In paragraph (1), after “living” insert “or remain away from that place”.

(3) In paragraph (2)—

(a) for sub-paragraph (a) substitute—

“(a) to obtain supplies from any business or service listed in Part 4 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;

(aa) to obtain money from or deposit money with any business or service listed in paragraphs 38 or 39 of Schedule 1;”

(b) for sub-paragraph (b) substitute—

“(b) to take exercise, no more than once a day (or more frequently if this is needed because of a particular health condition or disability), either—

(i) alone,

(ii) with other members of the person's household, or

(iii) with the person's carer;”

(c) after sub-paragraph (g) insert—

“(ga) to visit a cemetery, burial ground or garden of remembrance to pay respects to a deceased person;”

(d) in sub-paragraph (i)—

(i) in paragraph (i), for “the person's child” substitute “a child in relation to whom the person is the parent, or has parental responsibility for, or has care of”;

(ii) in paragraph (iii), in the English language text, for “Department of Work” substitute “Department for Work”;

(e) in sub-paragraph (l), for “necessary” substitute “the move cannot be postponed”.

Enforcement

5.—(1) Regulation 10 of the principal Regulations is amended as follows.

(2) In paragraph (1)—

(a) omit “reasonably believes that”;

(b) in sub-paragraph (a)—

(i) at the beginning insert “has reasonable grounds for suspecting that”;

(ii) after “4,” insert “5(3C),”;

(c) in sub-paragraph (b), at the beginning insert “considers”.

(3) In paragraph (2), for “considers” substitute “has reasonable grounds for suspecting”.

(4) For paragraph (3) substitute—

“(3) A relevant person may—

(a) when exercising the power in paragraph (2)(a) or (b), direct P to follow such instructions as the relevant person considers necessary;

(b) use reasonable force in the exercise of the power in paragraph (2)(b).”

(5) In paragraph (5), for “purpose of paragraph (4)” substitute “purposes of this regulation”.

(6) In paragraph (7), for “considers” substitute “has reasonable grounds for...

To continue reading

REQUEST YOUR TRIAL