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

Regulation 6

F1SCHEDULE 1E+WPremises selling food and drink for consumption on the premises

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Regulation 7

SCHEDULE 2E+WBusinesses and services required to be closed

F21.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

2.  Theatres.E+W

[F33.  Venues [F4authorised to be used for the supply of alcohol by a premises licence or club premises certificate (within the meaning given by the Licensing Act 2003] where live or recorded music is provided for members of the public or members of the venue to dance.]E+W

[F33A.  Sexual entertainment venues (within the meaning given by paragraph 2A of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982).]E+W

F54.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

5.  Concert halls.E+W

F66.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F77.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F88.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F99.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

10.  Skating rinks.E+W

F1011.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F1012.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F1013.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F1114.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F1215.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F1316.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F1417.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F1518.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Regulation 8

F16SCHEDULE 3E+WHoliday accommodation

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Regulation 12

SCHEDULE 4E+WBusinesses and services which may open subject to protective measures

1.  Any business selling goods or services for sale or hire in a shop.E+W

2.  Pharmacies (including non-dispensing pharmacies) and chemists.E+W

3.  Petrol stations.E+W

4.  Car repair and MOT services.E+W

5.  Taxi or vehicle hire businesses.E+W

6.  Banks, building societies, credit unions, short term loan providers, savings clubs, cash points and undertakings which by way of business operate currency exchange offices, transmit money (or any representation of money) by any means or cash cheques which are made payable to customers.E+W

7.  Post offices.E+W

8.  Funeral directors.E+W

9.  Laundrettes and dry cleaners.E+W

10.  Dental services, opticians, audiology services, chiropody, chiropractors, osteopaths and other medical or health services, including services relating to mental health.E+W

11.  Veterinary surgeons and pet shops.E+W

12.  Livestock markets or auctions.E+W

13.  Storage and distribution facilities, including delivery drop off points.E+W

14.  Car parks.E+W

15.  Public toilets.E+W

16.  Libraries.E+W

17.  Estate or letting agents, developer sales offices and show homes.E+W

18.  Car dealerships.E+W

19.  Outdoor markets.E+W

20.  Betting shops.E+W

21.  Indoor shopping centres and indoor shopping arcades.E+W

[F1722.  Cinemas.]E+W

23.  Hair salons and barbers.E+W

24.  Visitor attractions F18....E+W

[F1925.  Funfairs.E+W

26.  Playgrounds and outdoor gyms.]E+W

[F2027.—(1) Holiday sites.E+W

(2) In this paragraph, a “holiday site” means any land in Wales on which a mobile home or caravan is stationed for the purposes of human habitation (including any land in Wales used in conjunction with that land), in respect of which the relevant planning permission or the site licence for the land—

(a)is expressed to be granted for holiday use only, or

(b)requires that there are times of the year when no mobile home or caravan may be stationed on the site for human habitation.

(3) For the purpose of determining whether or not a site is a holiday site, any provision of the relevant planning permission or of the site licence which permits the stationing of a mobile home on the land for human habitation all year round is to be ignored if the mobile home is authorised to be occupied by—

(a)the person who is the owner of the site, or

(b)a person employed by that person but who does not occupy the mobile home under an agreement to which Part 4 of the Mobile Homes (Wales) Act 2013 applies.

28.  Camping sites.E+W

29.  Hotels and bed and breakfast accommodation.E+W

30.  Other holiday accommodation (including holiday apartments, hostels and boarding houses).]E+W

[F2131.  Massage parlours.E+W

32.  Nail and beauty salons.E+W

33.  Establishments providing tanning services, body piercings, tattooing, electrolysis or acupuncture.E+W

34.  Amusement arcades.E+W

35.  Museums, galleries and archive services.]E+W

[F2236.  Restaurants and cafés (including workplace canteens and dining rooms in members’ clubs).E+W

37.  Bars (including bars in members’ clubs).E+W

38.  Public houses.E+W

39.  Bingo halls.E+W

40.  Bowling alleys.E+W

41.  Auction houses.]E+W

[F2342.  Swimming pools.E+W

43.  Indoor fitness studios, gyms, spas and other indoor leisure centres and facilities.E+W

44.  Indoor play areas.]E+W

[F2445.  Casinos]E+W

Regulation 14C

[F25SCHEDULE 4AE+WLocal restrictions

[F26PART 1 E+WLocal health protection areas

Local health protection areaE+W

[F271.  For the purposes of these Regulations, the following areas are local health protection areas—

(a)Caerphilly County Borough;

(b)Rhondda Cynon Taf County Borough.

[F28(c)Blaenau Gwent County Borough;

(d)Bridgend County Borough;

(e)Merthyr Tydfil County Borough;

(f)the City and County Borough of Newport.]

[F29(g)the area comprising the following electoral divisions in the county of Carmarthenshire—

(i)Bigyn;

(ii)Bynea;

(iii)Dafen;

(iv)Elli;

(v)Felinfoel;

(vi)Glanymor;

(vii)Hendy;

(viii)Hengoed;

(ix)Llangennech;

(x)Lliedi;

(xi)Llwynhendy;

(xii)Tyisha;

(xiii)Swiss Valley.]

[F30(h)the City and County of Cardiff;

(i)the City and County of Swansea.]]]

[F31PART 2 E+WRestrictions applying in respect of each local health protection area]

Prohibition on forming extended householdsE+W

2.—(1) Despite regulation 2A, no household living in a local health protection area may agree to be treated as an extended household with other households.

(2) Where, before this paragraph came into force, a household living in a local health protection area agreed to be treated as being in an extended household with other households—

(a)that household is not to be treated as being in the extended household, and

(b)the other households continue to be treated as an extended household (provided they are not living in a local health protection area) and regulation 2A applies to those households accordingly.

Requirement to stay within local health protection areaE+W

3.—(1) No person living in a local health protection area may, without a reasonable excuse, leave the area or remain away from the area.

(2) A reasonable excuse includes the need to do the following outside the local health protection area—

(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)obtain money from or deposit money with any business or service listed in paragraph 6 or 7 of Schedule 4;

(c)obtain or provide medical assistance, including accessing any of the services referred to in paragraph 10 of Schedule 4 or accessing veterinary services;

(d)provide or receive care or assistance, including 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)work or provide voluntary or charitable services, where it is not reasonably practicable to do so from home;

(f)where the person is an elite athlete, train and compete;

(g)provide or receive emergency assistance;

(h)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;

(i)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;

(j)meet a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings;

(k)access or receive public services;

(l)access or receive childcare or education services;

(m)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;

(n)move home;

(o)undertake activities in connection with the purchase, sale, letting, or rental of residential property;

(p)avoid injury or illness or escape a risk of harm.

(3) For the purposes of sub-paragraph (1), it is not a reasonable excuse for a person to leave, or remain away from, a local health protection area to do anything if it would be reasonably practicable for the person to do that thing within the area.

(4) Sub-paragraph (1) does not apply to a person who is homeless.

Requirement not to enter local health protection areaE+W

4.—(1) No person may, without reasonable excuse, enter a local health protection area or remain in it.

(2) A reasonable excuse includes the need to do the following in the local health protection area—

(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)obtain money from or deposit money with any business or service listed in paragraph 6 or 7 of Schedule 4;

(c)obtain or provide medical assistance, including accessing any of the services referred to in paragraph 10 of Schedule 4 or accessing veterinary services;

(d)provide or receive care or assistance, including 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)work or provide voluntary or charitable services [F32where it is not reasonably practicable to carry out the work or provide the service from a place outside the area];

(f)where the person is an elite athlete, train and compete;

(g)provide or receive emergency assistance;

(h)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;

(i)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;

(j)meet a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings;

(k)access or receive public services;

(l)access or receive childcare or education services;

(m)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;

(n)move home;

(o)undertake activities in connection with the purchase, sale, letting, or rental of residential property;

(p)avoid injury or illness or escape a risk of harm;

(q)travel to reach a place outside the area.

(3) For the purposes of sub-paragraph (1), it is not a reasonable excuse for a person to enter, or remain in, a local health protection area to do anything if it would be reasonably practicable for the person to do that thing outside the area.

Requirement to work from home where practicableE+W

5.—(1) No person living in a local health protection area may leave the place where they are living, or remain away from that place, in order to go to work or for work-related purposes.

(2) But sub-paragraph (1) does not apply if it is not reasonably practicable for the person to work from the place where they are living.

(3) No person living in a local health protection area may leave the place where they are living, or remain away from that place, in order to provide voluntary or charitable services.

(4) But sub-paragraph (3) does not apply if it is not reasonably practicable for the person to provide the voluntary or charitable services from the place where they are living.

(5) For the purposes of this paragraph, the place where a person is living includes the premises where they live together with any garden, yard, passage, stair, garage, outhouse or other appurtenance of such premises.

Requirement to wear face covering in certain public placesE+W

F336.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F34[F35...E+WF34...

[F36Restrictions on licensed premises]E+W

F377.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]]

Regulation 17A

[F38SCHEDULE 5E+WEnforcement of regulation 12(2)

Premises improvement noticeE+W

1.—(1) An enforcement officer may issue a notice (a “premises improvement notice”) to a person responsible for premises referred to in regulation 12(1) if the officer considers that—

(a)the person is not complying with the obligations imposed on the person by regulation 12(2), and

(b)the measures specified in the notice are necessary and proportionate in order to ensure that the person complies with those obligations.

(2) A premises improvement notice must—

(a)specify the premises to which it relates;

(b)specify the measures it requires to be taken in order to ensure that the person complies with the obligations imposed by regulation 12(2);

(c)specify a time limit within which the measures must be taken (which must not be less than 48 hours beginning with the time the notice is issued);

(d)give details of the right of appeal conferred by paragraph 5.

Premises closure noticeE+W

2.—(1) If either condition 1 or condition 2 is satisfied, an enforcement officer may issue a notice (a “premises closure notice”) to a person responsible for premises referred to in regulation 12(1) requiring the premises, or part of the premises, to be closed.

(2) Condition 1 is—

(a)a premises improvement notice has been issued to the person,

(b)the enforcement officer considers that the person has failed to take the measures specified in the premises improvement notice within the specified time limit, and

(c)the officer considers that the closure of the premises, or part of the premises, is necessary and proportionate for the purpose of minimising the risk of exposure to coronavirus.

(3) Condition 2 is that the enforcement officer considers that—

(a)the person is not complying with the obligations imposed on the person by regulation 12(2), and

(b)the closure of the premises, or part of the premises, (without a premises improvement notice having been issued) is necessary and proportionate for the purpose of minimising the risk of exposure to coronavirus.

(4) A premises closure notice must—

(a)contain a description of the premises to be closed,

(b)where a premises improvement notice has been issued, set out the measures that the enforcement officer considers—

(i)have not been taken, and

(ii)must be taken in order to ensure that the responsible person complies with the obligations imposed by regulation 12(2),

(c)where a premises improvement notice has not been issued, set out the reasons why the enforcement officer considers that the person is not complying with the obligations imposed by regulation 12(2),

(d)in either case, set out the reasons why the enforcement officer considers that closure of the premises is necessary and proportionate for the purpose of minimising the risk of exposure to coronavirus,

(e)specify the period for which the notice has effect, and

(f)give details of the right of appeal conferred by paragraph 5.

(5) The period specified under sub-paragraph (4)(e) may not be more than 336 hours (14 days) beginning with the time the notice is issued.

(6) A premises closure notice has effect from the time at which it is issued or from a later time specified in the notice.

(7) A premises closure notice may not be issued in relation to premises which form part of critical infrastructure (for example, premises used to generate electricity or supply water) or which are used to provide essential public services.

Effect of premises closure noticeE+W

3.—(1) As soon as is reasonably practicable after a premises closure notice takes effect, the person to whom it is issued must ensure that—

(a)the premises to which the notice relates are closed, and

(b)no business is carried on or service is provided on, or from, the premises.

(2) No person may enter, or be on, premises closed under sub-paragraph (1) without a reasonable excuse.

(3) For the purposes of sub-paragraph (2), the circumstances in which a person has a reasonable excuse include where—

(a)the person lives on the premises;

(b)the person is carrying out essential maintenance or repairs;

(c)the person is doing things necessary to ensure that regulation 12(2) can be complied with when the premises are allowed to be open;

(d)the person is an enforcement officer or a person assisting an enforcement officer;

(e)it is necessary for the person to be on the premises to avoid injury or illness or escape a risk of harm.

Termination of premises improvement or closure noticeE+W

4.—(1) An enforcement officer may issue a notice terminating a premises improvement notice or a premises closure notice if satisfied that—

(a)the measures specified in the premises improvement notice (if one was issued) have been taken, or

(b)other measures have been taken to ensure that regulation 12(2) can be complied with at the premises in question.

(2) A premises improvement notice or premises closure notice ceases to have effect at the time notice of the termination is issued.

AppealsE+W

5.—(1) A person to whom a premises improvement notice or premises closure notice is issued may appeal to a magistrates’ court against the notice.

(2) An appeal must be made—

(a)by way of complaint for an order, and in accordance with the Magistrates’ Courts Act 1980, and

(b)within 7 days after the day the notice is issued.

(3) But a magistrates’ court may allow an appeal to be made after the expiry of the period mentioned in sub-paragraph (2)(b) if satisfied that there is a good reason for the failure to appeal before the expiry of that period (and for any delay in applying for permission to appeal out of time).

(4) A magistrates’ court may suspend the effect of a premises improvement notice or premises closure notice pending the determination of an appeal.

(5) On an appeal against a premises improvement notice or premises closure notice, a magistrates’ court may—

(a)confirm the decision to issue the notice;

(b)direct that the notice is to cease to have effect;

(c)modify the notice;

(d)make such other order as the court considers appropriate.

(6) If the magistrates’ court directs that a notice is to cease to have effect or modifies a notice, it may order the local authority for the area in which the premises in question are situated to [F39pay compensation] for loss suffered as the result of the issue of the notice.

(7) An appeal by either party against the decision of a magistrates’ court on an appeal under this section may be brought to the Crown Court.

(8) On an appeal to the Crown Court, the Court may—

(a)confirm, vary or reverse the decision of the magistrates court;

(b)remit the case to the magistrates’ court to dispose of in accordance with directions given by the Crown Court.

Issuing premises improvement and closure notices and terminationsE+W

6.—(1) A premises improvement notice, premises closure notice or a termination of either of those types of notice is issued to a person by giving a copy of it in writing to that person.

(2) But where the person responsible for the premises to which the notice or termination relates is not on the premises when it is to be issued, the notice is to be treated as having been issued to that person if—

(a)a copy of it is given to any other person on the premises who appears to be responsible for any business or service being carried out on the premises, or

(b)if there is no such person on the premises when the notice is to be issued, a copy of the notice is placed in a conspicuous position on the premises.

Publicising premises improvement and closure noticesE+W

7.—(1) This regulation applies where an enforcement officer has issued a premises improvement notice or a premises closure notice.

(2) As soon as reasonably practicable after issuing the notice, the enforcement officer must—

(a)display a copy of the notice, and a sign in the form set out in Schedule 6, in a prominent place near every entrance to the premises;

(b)arrange for the notice to be published on the website of the local authority for the area in which the premises are located.

(3) A notice or sign displayed under sub-paragraph (2)(a) must be at least A4 size.

(4) A notice required to be displayed and published under sub-paragraph (2) must continue to be displayed and published, and a sign required to be displayed under that sub-paragraph must continue to be displayed, for as long as the notice has effect.]

Regulation 17A

[F40SCHEDULE 6E+WForm of sign to accompany premises improvement notice or premises closure notice

Sign to be displayed with premises improvement noticeE+W

1.—(1) A sign displayed with a premises improvement notice under paragraph 7(2)(a) of Schedule 5 must be in the form set out below.E+W

(2) The colours used in the sign must be white, black and amber C0 M60 Y100 K0

Sign to be displayed with premises closure noticeE+W

2.—(1) A sign displayed with a premises closure notice under paragraph 7(2)(a) of Schedule 5 must be in the form set out below.E+W

(2) The colours used in the sign must be white, black and red C15 M100 Y100 K0.]