2021 No. 172 (W. 40)
The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 3) Regulations 2021
Approved by Senedd Cymru
Made
Laid before Senedd Cymru
Coming into force
The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 45C(1) and (3)(c), 45F(2) and 45P(2) 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.
Title and coming into force1
1
The title of these Regulations is the Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 3) Regulations 2021.
2
These Regulations come into force on 20 February 2021.
Amendment of the Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 20202
1
The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 20202 are amended as follows.
2
After regulation 4(6) insert—
6A
The restrictions and requirements set out in one of Schedules 1 to 4 apply to an area subject to the temporary modifications specified in relation to that area in Schedule 5.
3
In regulation 57(1), for sub-paragraph (h) substitute—
h
“elite athlete” means an individual who—
i
derives a living from competing in a sport,
ii
is designated as an elite athlete by the Sports Council for Wales for the purposes of—
aa
these Regulations,
bb
the Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020,
cc
the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020,
dd
the Health Protection (Coronavirus Restrictions) (No. 3) (Wales) Regulations 2020, or
ee
the Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020,
iii
is an “elite sportsperson” within the meaning given by regulation 2(1) of the Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 20203,
iv
is a “professional sportsperson” within the meaning given by regulation 2(1) of the Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 20204, or
v
is an “elite athlete” within the meaning given by paragraph 39(2) of Schedule 2 to the Health Protection (Coronavirus, International Travel) Regulations (Northern Ireland) 20205;
4
In paragraph 1 of Schedule 4, in sub-paragraph (4)(f)—
a
after sub-paragraph (ii), insert “or”;
b
omit sub-paragraph (iv) and the “or” immediately preceding it.
5
In paragraph 2 of Schedule 4, in sub-paragraph (4)(i), omit sub-paragraph (ii) and the “or” immediately preceding it.
6
In paragraph 6A of Schedule 4—
a
in sub-paragraph (1), before “pupil” insert “designated”;
b
after sub-paragraph (1) insert—
1A
In this paragraph, “designated pupil” means a pupil in year 3 or above.
c
in sub-paragraph (2)—
i
in paragraph (a), before “pupil”, where it first occurs, insert “designated”;
ii
in paragraph (b), before “pupil” insert “designated”;
iii
in paragraph (c), before “pupil” insert “designated”;
iv
in paragraph (d), before “pupil”, where it first occurs, insert “designated”;
v
in paragraph (e), before “pupil” insert “designated”.
7
In paragraph 6B of Schedule 4, for sub-paragraph (2)(a) substitute—
a
a further education institution to undertake—
i
an examination or other assessment, or
ii
a course in engineering, construction, hospitality, catering, or agriculture, where attendance at the institution is necessary to enable the student to complete a required element of the course;
8
In paragraph 6D of Schedule 4, at the end insert—
m
“school year” has the same meaning as in section 579(1) of the 1996 Act;
n
“year 3” means a year group in which the majority of children will, in the school year, attain the age of 8;
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.
9
In Schedule 5, after the table insert—
Temporary modifications
2
In relation to an Alert Level 4 area, for the period from the start of the day on 20 February 2021 to the end of the day on 12 March 2021—
a
paragraph 1(4)(f) of Schedule 4 is to be read as if—
i
the “or” after sub-paragraph (ii) were omitted, and
ii
after sub-paragraph (iii) there were inserted
or
iv
in a group of no more than 4 persons from no more than 2 households, but the group may also include any carer of a person in the group and any children from either household under the age of 11.
b
paragraph 2(4)(i) of Schedule 4 is to be read as if after sub-paragraph (i) there were inserted
or
ii
in a group of no more than 4 persons from no more than 2 households, but the group may also include any children from either household under the age of 11,
(This note is not part of the Regulations)