The Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020

Requirement to close premises and businesses during the emergency period: specific provision about holiday etc. accommodation

5.—(1) In so far as regulation 4(4) applies to a holiday site or camping site (by virtue of them being listed in Part 3 of Schedule 1), the obligation on the person responsible for carrying on the business (“P”) includes an obligation on P to use P’s best endeavours to require any person staying at the site when the business has ceased to be carried on to vacate the premises.

(2) But the obligation in paragraph (1) does not apply in relation to any person using a mobile home on a holiday site for human habitation under an agreement to which Part 4 of the Mobile Homes (Wales) Act 2013(1) applies.

(3) In so far as regulation 4(4) applies to any other business listed in Part 3 of Schedule 1, the obligation on the person responsible for carrying on the business applies subject to the need to—

(a) provide accommodation for any persons staying in that accommodation when these Regulations come into force and who—

(i) are unable to return to their main residence, or

(ii) are using the accommodation as their main residence;

(b) carry on the business, or keep any premises used in the business open, for any purpose as may be requested by the Welsh Ministers or a local authority.

(4) In this regulation and in Part 3 of the Schedule, 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.

(5) 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(2) applies.

(1)

2013 anaw 6 as amended by the Housing (Wales) Act 2014 (anaw 7)

(2)

2013 anaw 6 as amended by the Housing (Wales) Act 2014 (anaw 7)