The Health Protection (Coronavirus Restrictions) (No. 3) (Wales) Regulations 2020 (expired) No. 1149 (W. 261)

PART 2 E+W Restrictions on movement and gathering with others

Requirement to stay at home E+W

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) 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) 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) 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 M1 , where the person receiving the care is a vulnerable person;

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

(e) where the person is an elite athlete, train and prepare for, and compete in, a specified sporting event;

(f) provide coaching and other support to an elite athlete in connection with a specified sporting event;

(g) officiate at or otherwise be involved in running a specified sporting event;

(h) exercise, either—

(i) alone,

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

(iii) with the person's carer;

(i) provide or receive emergency assistance;

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

(m) access or receive public services;

(n) access or receive educational services, subject to regulations 6 and 7;

(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) obtain money from or deposit money with any business or service listed in paragraph 44 or 45 of Part 3 of Schedule 1;

(q) move home;

(r) prepare a residential property for persons to move in;

(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) is held on 7 or 8 November 2020;

(b) is held outdoors;

(c) has no more than 30 people attending.

(4) In paragraph (2)(h)—

(a) exercise must start and finish at the place where the person is living, or

(b) where, for reasons of physical or mental illness or impairment, or a disability (within the meaning of section 6 of the Equality Act 2010 M2 ), 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.

Commencement Information

I1 Reg. 3 in force at 23.10.2020 at 6.00 p.m., see reg. 1(3)

Marginal Citations

M1 2006 c. 47. Paragraph 7(3B) was inserted by section 66(2) of the Protection of Freedoms Act 2012 (c. 9).

M2 2010 c.15.

Requirement not to gather with other people E+W

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) members of their household,

(b) their carer, or

(c) a person they are providing care to.

(2) A reasonable excuse includes the need to do the following—

(a) work or provide voluntary or charitable services, where it is not reasonably practicable to do so without gathering with others;

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

(c) access or receive public services;

(d) access or receive educational services, subject to regulations 6 and 7;

(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) where the person is an elite athlete, train and prepare for, and compete in, a specified sporting event;

(g) provide coaching and other support to an elite athlete in connection with a specified sporting event;

(h) officiate at or otherwise be involved in running a specified sporting event;

(i) provide or receive emergency assistance;

(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) 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) is held on 7 or 8 November 2020;

(b) is held outdoors;

(c) has no more than 30 people attending.

Commencement Information

I2 Reg. 4 in force at 23.10.2020 at 6.00 p.m., see reg. 1(3)

Restriction on travelling into Wales E+W

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) 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 44 or 45 of Part 3 of Schedule 1;

(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) 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) 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) where the person is an elite athlete, train and prepare for, and compete in, a specified sporting event;

(g) provide coaching and other support to an elite athlete in connection with a specified sporting event;

(h) officiate at or otherwise be involved in running a specified sporting event;

(i) provide or receive emergency assistance;

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

(m) access or receive public services;

(n) access or receive educational services, subject to regulations 6 and 7;

(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) move home;

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

(r) travel to reach a place outside Wales.

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

Commencement Information

I3 Reg. 5 in force at 23.10.2020 at 6.00 p.m., see reg. 1(3)

Restriction on attending school E+W

6.—(1) A pupil in year 9 or above may not attend a school's premises in Wales.

(2) But paragraph (1) does not prevent—

(a) a pupil from attending a school's premises—

(i) to undertake an examination or other assessment;

(ii) where the pupil's parent is notified by the proprietor of the school that the proprietor considers it appropriate for the pupil to attend due to exceptional circumstances related to the pupil's vulnerability;

(b) a pupil from attending the premises of a special school;

(c) a pupil from attending the premises of a pupil referral unit;

(d) a pupil from attending the premises of a unit in a school, where—

(i) the unit is recognised by a local authority as being reserved for pupils with special educational needs, and

(ii) the pupil is wholly or mainly educated at the unit;

(e) a pupil who is a boarder—

(i) from residing in accommodation at the school premises;

(ii) from being provided education at that accommodation.

Commencement Information

I4 Reg. 6 in force at 23.10.2020 at 6.00 p.m., see reg. 1(3)

Restriction on attending further education E+W

7.—(1) A student may not attend the premises of a further education institution in Wales.

(2) But paragraph (1) does not prevent a student from attending the premises of—

(a) a further education institution to undertake an examination or other assessment;

(b) an institution within the further education sector where the student is notified by the institution that the institution considers it appropriate for the student to attend due to exceptional circumstances related to the student's vulnerability.

Commencement Information

I5 Reg. 7 in force at 23.10.2020 at 6.00 p.m., see reg. 1(3)

Interpretation of regulations 6 and 7 E+W

8.  For the purposes of regulations 6 and 7—

(a) the “1996 Act” means the Education Act 1996 M3 ;

(b) “boarder” has the meaning given by section 579 of the 1996 Act;

(c) “further education institution” means—

(i) an institution within the further education sector;

(ii) a provider of education or training within the meaning of section 31(1)(a) or (b) or 32(1)(a) or (b) of the Learning and Skills Act 2000 M4 that—

(aa) is not an institution within the meaning of paragraph (i),

(bb) is not an institution within the higher education sector within the meaning of section 91(5) of the Further and Higher Education Act 1992 M5 , and

(cc) is in receipt of funding for provision of that education or training from the Welsh Ministers or a local authority,

but does not include an employer who is a provider by reason only of the employer providing such education or training to its employees;

(d) “independent school” has the meaning given by section 463 of the 1996 Act;

(e) “institution within the further education sector” has the meaning given by section 91(3) of the Further and Higher Education Act 1992;

(f) “parent” has the meaning given by section 576 of the 1996 Act;

(g) “proprietor” has the meaning given by section 579 of the 1996 Act;

(h) “pupil” has the meaning given by section 4 of the 1996 Act;

(i) “pupil referral unit” has the meaning given by section 19 of the 1996 Act;

(j) “special educational needs” has the meaning given by section 312 of the 1996 Act;

(k) “special school” means—

(i) a special school within the meaning given by section 337 of the 1996 Act;

(ii) an independent school which wholly or mainly provides education for pupils with special educational needs;

(l) “school” has the meaning given by section 4 of the 1996 Act;

(m) “school year” means the period beginning with the first school term to begin after July and ending with the beginning of the first such term to begin after the following July;

(n) “year 9” means a year group in which the majority of children will, in the school year, attain the age of 14;

(o) “year group” means a group of children at a school the majority of whom will, in a particular school year, attain the same age.

Commencement Information

I6 Reg. 8 in force at 23.10.2020 at 6.00 p.m., see reg. 1(3)

Marginal Citations

M3 1996 c. 56.

M4 2000 c. 21.

M5 1992 c. 13.

Prohibition on organising certain unlicensed music events E+W

9.—(1) No person may be involved in organising a relevant unlicensed music event.

(2) For the purposes of this regulation “relevant unlicensed music event” means an event—

(a) which consists of more than 30 people,

(b) at which people are gathered in contravention of regulation 4(1),

(c) at which music is played or performed for the purpose, or for purposes which include the purpose, of entertainment, and

(d) where the playing or performance of the music is—

(i) a licensable activity (within the meaning of the Licensing Act 2003 M6 ), and

(ii) not carried on under and in accordance with an authorisation (within the meaning given by section 136(5) of that Act).

(3) For the purposes of this regulation, a person is not involved in organising a relevant unlicensed music event if the person's only involvement is, or would be, attending it.

Commencement Information

I7 Reg. 9 in force at 23.10.2020 at 6.00 p.m., see reg. 1(3)

Marginal Citations

M6 2003 c. 17.

[F1 Restrictions relating to persons who have recently been in Denmark E+W

9A.— (1) This regulation applies where a person (“P”)—

(a) is in Wales at 4.00 a.m. on 7 November 2020,

(b) has arrived in Wales within the period of 14 days ending immediately before 4.00 a.m. on 7 November 2020, and

(c) has been in Denmark within that period.

(2) Regulations 3 to 7 do not apply to P or to any person living in the same household with P.

(3) P, and any person living in the same household with P, may not leave the place where they are living until the end of the period of 14 days beginning with the day on which P arrived in Wales.

(4) But P, or a person living in the same household with P, may leave the place where they are living—

(a) to seek medical assistance, where this is required urgently or on the advice of a registered medical practitioner;

(b) if required to do so by a constable;

(c) to avoid serious illness, serious injury or other risk of serious harm.]

Textual Amendments

F1 Reg. 9A inserted (7.11.2020 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (Wales) Regulations 2020 (S.I. 2020/1237), regs. 1(2), 3(2)