The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020

Regulation 4(2)

SCHEDULE 1 E+W Alert Level 1 Restrictions

PART 1 E+W Restrictions on gathering

Restriction on gatherings in private dwellings E+W

1.—(1) No person may, without a reasonable excuse, participate in a gathering in a private dwelling which consists of more than 6 people unless all the persons participating in the gathering are members of the same household or extended household.

(2) In determining, for the purposes of sub-paragraph (1), the number of persons participating in a gathering no account is to be taken of—

(a) any children under the age of 11, or

(b) the carer of a person who is participating in the gathering.

(3) For the purposes of sub-paragraph (1), a person has a reasonable excuse if—

(a) the person is participating in the gathering for a purpose that is reasonably necessary and there is no reasonably practicable alternative, or

(b) one of the circumstances in sub-paragraph (5) applies.

(4) Examples of purposes for which it may be reasonably necessary for a person to participate in a gathering include—

(a) obtaining or providing medical assistance, or accessing veterinary services;

F1 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) meeting a legal obligation;

(d) providing, receiving or accessing 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) in relation to children who do not live in the same household as their parents, or one of their parents, continuing 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;

(f) moving home;

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

(h) accessing or receiving educational services.

(5) The circumstances referred to in sub-paragraph (3)(b) are that the person is—

(a) providing or receiving emergency assistance;

(b) avoiding illness, injury or other risk of harm.

[F2 (c) working or providing voluntary or charitable services, or is receiving services from a person working or providing voluntary or charitable services;]

(6) This paragraph does not apply to a person who is homeless.

Textual Amendments

F1 Sch. 1 para. 1(4)(b) omitted (26.4.2021 immediately before the start of the day) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(12)(a)(i)

F2 Sch. 1 para. 1(5)(c) inserted (26.4.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(12)(a)(ii)

Commencement Information

I1 Sch. 1 para. 1 in force at 20.12.2020, see reg. 1(3)

Restriction on gatherings in public places E+W

2.—(1) No person may, without a reasonable excuse, participate in a gathering which takes place other than in a private dwelling—

(a) indoors, or outdoors in regulated premises, which consists of more than 6 people unless all the persons participating in the gathering are members of the same household;

(b) outdoors in premises that are not regulated premises, which consists of more than 30 people unless all the persons participating in the gathering are members of the same household or extended household.

(2) In determining, for the purposes of sub-paragraph (1), the number of persons participating in a gathering no account is to be taken of—

(a) any children under the age of 11, or

(b) the carer of a person who is participating in the gathering.

(3) For the purposes of sub-paragraph (1), a person has a reasonable excuse if—

(a) the person is participating in the gathering for a purpose that is reasonably necessary and there is no reasonably practicable alternative, or

(b) one of the circumstances in sub-paragraph (5) applies.

(4) Examples of purposes for which it may be reasonably necessary for a person to participate in a gathering include—

(a) obtaining or providing medical assistance, or accessing veterinary services;

(b) working or providing voluntary or charitable services;

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

(d) providing, receiving or accessing 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) in relation to children who do not live in the same household as their parents, or one of their parents, continuing 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;

(f) moving home;

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

(h) accessing or receiving public services;

(i) accessing or receiving educational services.

(5) The circumstances referred to in sub-paragraph (3)(b) are that the person is—

(a) providing or receiving emergency assistance;

(b) avoiding illness, injury or other risk of harm;

(c) attending a solemnisation of a marriage, formation of a civil partnership or an alternative wedding ceremony—

(i) as a party to the marriage, civil partnership or alternative wedding,

(ii) if invited to attend, or

(iii) as the carer of a person attending;

(d) attending 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;

[F3 (e) participating in an indoor gathering of no more than 50 people at regulated premises, or an outdoor gathering of no more than 100 people at such premises, not counting (in either case) persons under the age of 11 or persons working at the premises, to—

(i) celebrate a solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony that took place on or after 26 March 2020;

(ii) celebrate the life of a deceased person whose funeral is held on or after 26 March 2020;]

(f) attending a place of worship;

(g) an elite athlete and is training or competing;

(h) providing coaching or other support to an elite athlete, or providing support at an elite sporting event;

(i) participating in or facilitating an indoor organised activity at which—

(i) no more than 50 people are in attendance, not counting persons under the age of 11 or persons working, or providing voluntary services, as part of the activity, and

(ii) no alcohol is consumed;

(j) participating in or facilitating an outdoor organised activity at which—

(i) no more than 100 people are in attendance, not counting persons under the age of 11 or persons working, or providing voluntary services, as part of the activity, [F4 unless the activity is organised for the purposes of protest, or picketing carried out in accordance with the Trade Union and Labour Relations (Consolidation) Act 1992] and

(ii) no alcohol is consumed;

(k) participating in or facilitating an organised activity for the development or well-being of children (including sports, music and other recreational activities such as those provided for children outside of school hours and during school holidays);

(l) attending or facilitating an event authorised by the Welsh Ministers in accordance with paragraph 5.

Textual Amendments

F3 Sch. 1 para. 2(5)(e) substituted (26.4.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(12)(b)(i)

F4 Words in Sch. 1 para. 2(5)(j)(i) inserted (26.4.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(12)(b)(ii)

Commencement Information

I2 Sch. 1 para. 2 in force at 20.12.2020, see reg. 1(3)

Extended households E+W

3.—(1) Up to 3 households may agree to be treated as an extended household.

(2) In addition to the up to 3 households who may agree to be treated as an extended household under sub-paragraph (1), 1 [F5 well-being needs] household may also agree to be treated as part of that extended household.

(3) To agree to be treated as an extended household, all F6 ... members of the households must agree.

(4) A household may only agree to be treated as being in 1 extended household [F7 at any one time].

(5) Where households have agreed to be treated as an extended household under—

(a) paragraph 3 of Schedule 2,

(b) paragraph 3 of Schedule 3, or

[F8 (ba) paragraph 4 of Schedule 3A,]

(c) paragraph 3 of Schedule 4,

those households are to be treated as having agreed to be treated as an extended household under this paragraph.

(6) A household ceases to be treated as [F9 part of] an extended household if any F10 ... member of the household ceases to agree to be treated as [F9 part of] the extended household.

[F11 (6A) Sub-paragraph (6B) applies where—

(a) a person who would be, or is, a member of an extended household is a child, and

(b) a person who has parental responsibility for the child (“P”) is a member of the child’s household.

(6B) Where this sub-paragraph applies—

(a) the agreement required by sub-paragraph (3) is to be given by P (and not the child), and

(b) a household ceases to be treated as part of an extended household in accordance with sub-paragraph (6) if P ceases to agree to be treated as part of the extended household (whether or not the child also ceases to agree).]

(7) If a household ceases to be treated as [F12 part of] an extended household, the household may not agree to be treated as [F12 part of] an extended household with any other household [F13 unless a period of at least 10 days has expired since any member of the household last participated in a gathering with any member of another household in reliance on being treated as part of an extended household with that household].

(8) In this Schedule, references to an extended household are references to an extended household formed under or by virtue of this paragraph.

[F14 (9) In this paragraph, “well-being needs household” means—

(a) a single adult household;

(b) a household comprising of 1 or more children and no adults.]

Textual Amendments

F5 Words in Sch. 1 para. 3(2) substituted (13.3.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 5) Regulations 2021 (S.I. 2021/307), regs. 1(2), 2(4)(a)(i)

F6 Words in Sch. 1 para. 3(3) omitted (13.3.2021 immediately before the start of the day) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 5) Regulations 2021 (S.I. 2021/307), regs. 1(2), 2(4)(a)(ii)

F7 Words in Sch. 1 para. 3(4) inserted (30.1.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/103), regs. 1(2), 2(3)(a)

F8 Sch. 1 para. 3(5)(ba) inserted (26.4.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(12)(c)

F9 Words in Sch. 1 para. 3(6) substituted (30.1.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/103), regs. 1(2), 2(3)(b)

F10 Word in Sch. 1 para. 3(6) omitted (13.3.2021 immediately before the start of the day) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 5) Regulations 2021 (S.I. 2021/307), regs. 1(2), 2(4)(a)(iii)

F11 Sch. 1 para. 3(6A)(6B) inserted (13.3.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 5) Regulations 2021 (S.I. 2021/307), regs. 1(2), 2(4)(a)(iv)

F12 Words in Sch. 1 para. 3(7) substituted (30.1.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/103), regs. 1(2), 2(3)(c)(i)

F13 Words in Sch. 1 para. 3(7) inserted (30.1.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/103), regs. 1(2), 2(3)(c)(ii)

F14 Sch. 1 para. 3(9) inserted (13.3.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 5) Regulations 2021 (S.I. 2021/307), regs. 1(2), 2(4)(a)(v)

Commencement Information

I3 Sch. 1 para. 3 in force at 20.12.2020, see reg. 1(3)

PART 2 E+W Restrictions on organising events

Prohibition on organising events E+W

4.—(1) No person may, without a reasonable excuse, be involved in organising—

(a) an event held wholly or mainly indoors at which more than 50 people are in attendance, or

(b) an event held wholly or mainly outdoors at which more than 100 people are in attendance,

not counting F15 ... persons working, or providing voluntary services, at the event.

(2) Sub-paragraph (1) does not apply to a person involved in organising an event authorised by the Welsh Ministers under paragraph 5.

(3) For the purposes of sub-paragraph (1)—

(a) a person is not involved in organising an event if the person's only involvement is attending it;

(b) a reasonable excuse includes where the person has taken all reasonable measures to ensure that no more than 50 or 100 people are in attendance, as the case may be;

(c) the following are not to be treated as events—

(i) the showing of a film;

(ii) a performance at a theatre;

(iii) a market;

(iv) a religious service;

(v) an elite sporting event at which the only people present are elite athletes and persons working or providing voluntary services at the event.

Textual Amendments

F15 Words in Sch. 1 para. 4(1) omitted (26.4.2021 immediately before the start of the day) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(12)(d)

Commencement Information

I4 Sch. 1 para. 4 in force at 20.12.2020, see reg. 1(3)

Authorised events E+W

5.—(1) The Welsh Ministers may give authorisation in writing for an event to be held—

(a) at which more than 50 people are in attendance where the event takes place wholly or mainly indoors, or

(b) at which more than 100 people are in attendance where the event takes place wholly or mainly outdoors;

(2) References in sub-paragraph (1) to numbers of people do not include F16 ... persons working, or providing voluntary services, at the event.

(3) An authorisation may be given under sub-paragraph (1) in relation to a particular event or a particular description of events.

(4) An authorisation under sub-paragraph (1)—

(a) must be given to a person the Welsh Ministers consider is responsible for organising the event, and

(b) may require the event to be held in accordance with any requirements, restrictions or other conditions as may be specified by the Welsh Ministers.

(5) The Welsh Ministers must publish—

(a) an authorisation given under sub-paragraph (1), and

(b) details of any requirements, restrictions or other conditions specified by the Welsh Ministers in relation to an event to be held under the authorisation.

(6) The Welsh Ministers may withdraw an authorisation at any time by giving notice in writing to the person to whom the authorisation was given.

(7) An authorisation may be withdrawn under sub-paragraph (6) only if the Welsh Ministers —

(a) have reasonable grounds to believe that the event will not be held, or is not being held, in accordance with a requirement, restriction or other condition specified by them, or

(b) consider that it is necessary and proportionate to withdraw the authorisation for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection by coronavirus.

Textual Amendments

F16 Words in Sch. 1 para. 5(2) omitted (26.4.2021 immediately before the start of the day) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(12)(e)

Commencement Information

I5 Sch. 1 para. 5 in force at 20.12.2020, see reg. 1(3)

F17 PART 3 E+W Restrictions on travelling

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17 Sch. 1 Pt. 3 omitted (12.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(13)

PART 4 E+W Restrictions on certain businesses and services

Closure of premises used by certain businesses and services E+W

7.—(1) A person responsible for carrying on or providing a business or service listed in paragraph 9 or 10 must—

(a) close to members of the public any premises operated as part of the business or service, and

(b) not carry on the business or service at such premises otherwise than in accordance with this regulation.

(2) Sub-paragraph (1) does not prevent—

(a) carrying out maintenance and repairs or other work to ensure premises are suitable for use when sub-paragraph (1) no longer applies to the premises;

(b) the use of premises for any purpose as may be requested or authorised by the Welsh Ministers or a local authority;

(c) the use of premises to broadcast without an audience present at the premises (whether over the internet or as part of a radio or television broadcast) or to rehearse F18 ... ;

(d) the use of premises for the provision of services or information (including the sale, hire or delivery of goods or services)—

(i) through a website, or otherwise by on-line communication,

(ii) by telephone, including by text message, or

(iii) by post.

(3) Where—

(a) a person responsible for carrying on a business (“business A”) is required by virtue of this paragraph to cease carrying on business A at premises, and

(b) business A forms part of a larger business (“business B”),

the requirement in this paragraph is complied with if the person responsible for carrying on business B ceases to carry on business A at the premises.

Textual Amendments

F18 Words in Sch. 1 para. 7(2)(c) omitted (13.3.2021 immediately before the start of the day) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 5) Regulations 2021 (S.I. 2021/307), regs. 1(2), 2(4)(b)

Commencement Information

I6 Sch. 1 para. 7 in force at 20.12.2020, see reg. 1(3)

Restrictions on licensed premises E+W

F19 8.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F19 Sch. 1 para. 8 omitted (26.4.2021 immediately before the start of the day) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(12)(f)

Businesses or services whose premises must be closed E+W

9.  Nightclubs, discotheques, dance halls or other venues authorised for the sale or supply of alcohol where live or recorded music is provided for members of the public or members of the venue to dance.

Commencement Information

I7 Sch. 1 para. 9 in force at 20.12.2020, see reg. 1(3)

10.  Sexual entertainment venues (within the meaning given by paragraph 2A of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 M1 ). E+W

Commencement Information

I8 Sch. 1 para. 10 in force at 20.12.2020, see reg. 1(3)

Marginal Citations

M1 1982 c. 30. Paragraph 2A of Schedule 3 was inserted by section 27(3) of the Policing and Crime Act 2009 (c. 26).

Regulation 4(3)

SCHEDULE 2 E+W Alert Level 2 Restrictions

PART 1 E+W Restrictions on gathering

Restriction on gatherings in private dwellings E+W

1.— [F20 (1) No person may, without a reasonable excuse, participate in a gathering in a private dwelling unless all the persons participating in the gathering are members of the same household or extended household.]

[F21 (1A) But a person may participate in such a gathering outdoors if the gathering consists of no more than 6 persons.]

(2) In determining, for the purposes of [F22 sub-paragraph (1A)], the number of persons participating in a gathering no account is to be taken of—

(a) any children under the age of 11 [F23 , as long as the persons participating in the gathering (including any children under the age of 11) are from no more than 6 households], or

(b) the carer of a person who is participating in the gathering.

(3) For the purposes of sub-paragraph (1), a person has a reasonable excuse if—

(a) the person is participating in the gathering for a purpose that is reasonably necessary and there is no reasonably practicable alternative, or

(b) one of the circumstances in sub-paragraph (5) applies.

(4) Examples of purposes for which it may be reasonably necessary for a person to participate in a gathering include—

(a) obtaining or providing medical assistance, or accessing veterinary services;

F24 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) meeting a legal obligation;

(d) providing, receiving or accessing 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) in relation to children who do not live in the same household as their parents, or one of their parents, continuing 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;

(f) moving home;

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

(h) accessing or receiving educational services.

(5) The circumstances referred to in sub-paragraph (3)(b) are that the person is—

(a) providing or receiving emergency assistance;

(b) avoiding illness, injury or other risk of harm;

[F25 (ba) working or providing voluntary or charitable services, or is receiving services from a person working or providing voluntary or charitable services;]

(c) participating in a gathering of no more than 4 people where all the persons in the gathering—

(i) live in the same premises, and

(ii) share toilet, washing, dining or cooking facilities with each other.

(6) This paragraph does not apply to a person who is homeless.

Textual Amendments

F20 Sch. 2 para. 1(1) substituted (26.4.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(13)(a)(i)

F21 Sch. 2 para. 1(1A) inserted (26.4.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(13)(a)(ii)

F22 Words in Sch. 2 para. 1(2) substituted (26.4.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(13)(a)(iii)(aa)

F23 Words in Sch. 2 para. 1(2)(a) inserted (26.4.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(13)(a)(iii)(bb)

F24 Sch. 2 para. 1(4)(b) omitted (26.4.2021 immediately before the start of the day) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(13)(a)(iv)

F25 Sch. 2 para. 1(5)(ba) inserted (26.4.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(13)(a)(v)

Commencement Information

I9 Sch. 2 para. 1 in force at 20.12.2020, see reg. 1(3)

Restriction on gatherings in public places E+W

2.—(1) No person may, without a reasonable excuse, participate in a gathering which—

(a) takes place anywhere other than—

(i) in a private dwelling, or

(ii) in holiday or travel accommodation, and

(b) consists of more than 4 people, not including—

(i) any children under the age of 11, or

(ii) the carer of a person who is participating in the gathering.

(2) But a person may participate in such a gathering which—

(a) takes place indoors F26 ... , if all the persons participating in the gathering are members of the same household, or

[F27 (aa) takes place outdoors in regulated premises, if—

(i) the gathering consists of no more than 6 persons, or

(ii) all the persons participating in the gathering are members of the same household, or]

[F28 (b) takes place outdoors other than in regulated premises, if—

(i) the gathering consists of no more than 6 persons, or

(ii) all the persons participating in the gathering are members of the same household or extended household.]

(3) No person may, without a reasonable excuse, participate in a gathering which takes place in holiday or travel accommodation unless all the persons participating in the gathering are members of the same household [F29 or extended household].

[F30 (3A) But a person may participate in such a gathering outdoors if the gathering consists of no more than 6 persons.

(3B) In determining, for the purposes of sub-paragraphs (2)(aa)(i), (2)(b)(ii) and (3A), the number of persons participating in a gathering no account is to be taken of—

(a) any children under the age of 11, as long as the persons participating in the gathering (including any children under the age of 11) are from no more than 6 households, or

(b) the carer of a person who is participating in the gathering.]

(4) For the purposes of sub-paragraphs (1) and (3), a person has a reasonable excuse if—

(a) the person is participating in the gathering for a purpose that is reasonably necessary and there is no reasonably practicable alternative, or

(b) one of the circumstances in sub-paragraph (6) applies.

(5) Examples of purposes for which it may be reasonably necessary for a person to participate in a gathering include—

(a) obtaining or providing medical assistance, or accessing veterinary services;

(b) working or providing voluntary or charitable services;

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

(d) providing, receiving or accessing 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) in relation to children who do not live in the same household as their parents, or one of their parents, continuing 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;

(f) moving home;

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

(h) accessing or receiving public services;

(i) accessing or receiving educational services.

[F31 (j) visiting a person who is resident in a care home, with the permission of the service provider.]

(6) The circumstances referred to in sub-paragraph (4)(b) are that the person is—

(a) providing or receiving emergency assistance;

(b) avoiding illness, injury or other risk of harm;

(c) attending a solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony—

(i) as a party to the marriage, civil partnership or alternative wedding,

(ii) if invited to attend, or

(iii) as the carer of a person attending;

(d) attending 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;

[F32 (e) participating in an indoor gathering of no more than 30 people at regulated premises, or an outdoor gathering of no more than 50 people at such premises, not counting (in either case) persons under the age of 11 or persons working at the premises, to—

(i) celebrate a solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony that took place on or after 26 March 2020;

(ii) celebrate the life of a deceased person whose funeral is held on or after 26 March 2020;]

(f) attending a place of worship;

(g) an elite athlete and is training or competing;

(h) providing coaching or other support to an elite athlete, or providing support at an elite sporting event;

(i) participating in or facilitating an indoor organised activity at which—

(i) no more than [F33 30] people are in attendance, not counting persons under the age of 11 or persons working, or providing voluntary services, as part of the activity, and

(ii) no alcohol is consumed;

(j) participating in or facilitating an outdoor organised activity at which—

[F34 (i) no more than 50 people are in attendance, not counting persons under the age of 11 or persons working, or providing voluntary services, as part of the activity, unless the activity is organised for the purposes of protest, or picketing carried out in accordance with the Trade Union and Labour Relations (Consolidation) Act 1992, and]

(ii) no alcohol is consumed;

(k) participating in or facilitating an [F35 organised activity in premises other than holiday or travel accommodation for the development of persons who were aged under 18 on 31 August 2020] (including sports, music and other recreational activities such as those provided for children outside of school hours and during school holidays);

(l) attending or facilitating an event authorised by the Welsh Ministers in accordance with paragraph 5.

(7) This paragraph does not apply to a person who is homeless.

Textual Amendments

F26 Words in Sch. 2 para. 2(2)(a) omitted (26.4.2021 immediately before the start of the day) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(13)(b)(i)

F27 Sch. 2 para. 2(2)(aa) inserted (26.4.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(13)(b)(ii)

F28 Sch. 2 para. 2(2)(b) substituted (26.4.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(13)(b)(iii)

F29 Words in Sch. 2 para. 2(3) inserted (26.4.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(13)(b)(iv)

F30 Sch. 2 para. 2(3A)(3B) inserted (26.4.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(13)(b)(v)

F31 Sch. 2 para. 2(5)(j) inserted (26.4.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(13)(b)(vi)

F32 Sch. 2 para. 2(6)(e) substituted (26.4.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(13)(b)(vii)(aa)

F33 Word in Sch. 2 para. 2(6)(i)(i) substituted (26.4.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(13)(b)(vii)(bb)

F34 Sch. 2 para. 2(6)(j)(i) substituted (26.4.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(13)(b)(vii)(cc)

F35 Words in Sch. 2 para. 2(6)(k) substituted (26.4.2021 immediately before the start of the day) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(13)(b)(vii)(dd)

Commencement Information

I10 Sch. 2 para. 2 in force at 20.12.2020, see reg. 1(3)

Extended households E+W

3.—(1) 2 households may agree to be treated as an extended household.

(2) In addition to the 2 households who may agree to be treated as an extended household under sub-paragraph (1), 1 [F36 well-being needs] household may also agree to be treated as part of that extended household.

(3) To agree to be treated as an extended household, all [F37 members of the households] must agree.

(4) A household may only agree to be treated as being in 1 extended household [F38 at any one time].

[F39 (5) Where a household has agreed to be treated as an extended household with other households under paragraph 3 of Schedule 1 (“the previous extended household”), it may make an agreement under this paragraph only with those other households, unless a period of at least 10 days has expired since any member of the household last participated in a gathering with a member of those households in reliance on being treated as part of the previous extended household.]

(6) Where households have agreed to be treated as an extended household under—

(a) paragraph 3 of Schedule 3, or

[F40 (aa) paragraph 4 of Schedule 3A,]

(b) paragraph 3 of Schedule 4,

those households are to be treated as having agreed to be treated as an extended household under this paragraph.

(7) A household ceases to be treated as [F41 part of] an extended household if any F42 ... member of the household ceases to agree to be treated as [F41 part of] the extended household.

[F43 (7A) Sub-paragraph (7B) applies where—

(a) a person who would be, or is, a member of an extended household is a child, and

(b) a person who has parental responsibility for the child (“P”) is a member of the child’s household.

(7B) Where this sub-paragraph applies—

(a) the agreement required by sub-paragraph (3) is to be given by P (and not the child), and

(b) a household ceases to be treated as part of an extended household in accordance with sub-paragraph (7) if P ceases to agree to be treated as part of the extended household (whether or not the child also ceases to agree).]

(8) If a household ceases to be treated as [F44 part of] an extended household, the household may not agree to be treated as [F44 part of] an extended household with any other household [F45 unless a period of at least 10 days has expired since any member of the household last participated in a gathering with any member of another household in reliance on being treated as part of an extended household with that household].

(9) In this Schedule, references to an extended household are references to an extended household formed under or by virtue of this paragraph.

[F46 (10) In this paragraph, “well-being needs household” means—

(a) a single adult household;

(b) a household comprising of 1 or more children and no adults.]

Textual Amendments

F36 Words in Sch. 2 para. 3(2) substituted (13.3.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 5) Regulations 2021 (S.I. 2021/307), regs. 1(2), 2(5)(a)(i)

F37 Words in Sch. 2 para. 3(3) substituted (13.3.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 5) Regulations 2021 (S.I. 2021/307), regs. 1(2), 2(5)(a)(ii)

F38 Words in Sch. 2 para. 3(4) inserted (30.1.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/103), regs. 1(2), 2(4)(a)

F39 Sch. 2 para. 3(5) substituted (30.1.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/103), regs. 1(2), 2(4)(b)

F40 Sch. 2 para. 3(6)(aa) inserted (26.4.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(13)(c)

F41 Words in Sch. 2 para. 3(7) substituted (30.1.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/103), regs. 1(2), 2(4)(c)

F42 Word in Sch. 2 para. 3(7) omitted (13.3.2021 immediately before the start of the day) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 5) Regulations 2021 (S.I. 2021/307), regs. 1(2), 2(5)(a)(iii)

F43 Sch. 2 para. 3(7A)(7B) inserted (13.3.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 5) Regulations 2021 (S.I. 2021/307), regs. 1(2), 2(5)(a)(iv)

F44 Words in Sch. 2 para. 3(8) substituted (30.1.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/103), regs. 1(2), 2(4)(d)(i)

F45 Words in Sch. 2 para. 3(8) inserted (30.1.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/103), regs. 1(2), 2(4)(d)(ii)

F46 Sch. 2 para. 3(10) inserted (13.3.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 5) Regulations 2021 (S.I. 2021/307), regs. 1(2), 2(5)(a)(v)

Commencement Information

I11 Sch. 2 para. 3 in force at 20.12.2020, see reg. 1(3)

PART 2 E+W Restrictions on organising events

Prohibition on organising events E+W

4.—(1) No person may, without a reasonable excuse, be involved in organising—

(a) an event held wholly or mainly indoors at which more than [F47 30] people are in attendance, or

(b) an event held wholly or mainly outdoors at which more than [F48 50] people are in attendance,

not counting F49 ... persons working, or providing voluntary services, at the event.

(2) Sub-paragraph (1) does not apply to a person involved in organising an event authorised by the Welsh Ministers under paragraph 5.

(3) For the purposes of sub-paragraph (1)—

(a) a person is not involved in organising an event if the person's only involvement is attending it;

(b) a reasonable excuse includes where the person has taken all reasonable measures to ensure that no more than [F50 30 or 50] people are in attendance, as the case may be;

(c) the following are not to be treated as events—

(i) the showing of a film;

(ii) a performance at a theatre;

(iii) a market;

(iv) a religious service;

(v) an elite sporting event at which the only people present are elite athletes and persons working or providing voluntary services at the event.

Textual Amendments

F47 Word in Sch. 2 para. 4(1)(a) substituted (26.4.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(13)(d)(i)(aa)

F48 Word in Sch. 2 para. 4(1)(b) substituted (26.4.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(13)(d)(i)(bb)

F49 Words in Sch. 2 para. 4(1) omitted (26.4.2021 immediately before the start of the day) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(13)(d)(i)(cc)

F50 Words in Sch. 2 para. 4(3)(b) substituted (26.4.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(13)(d)(ii)

Commencement Information

I12 Sch. 2 para. 4 in force at 20.12.2020, see reg. 1(3)

Authorised events E+W

5.—(1) The Welsh Ministers may give authorisation in writing for an event to be held—

(a) at which more than [F51 30] people are in attendance where the event takes place wholly or mainly indoors, or

(b) at which more than [F52 50] people are in attendance where the event takes place wholly or mainly outdoors;

(2) References in sub-paragraph (1) to numbers of people do not include F53 ... persons working, or providing voluntary services, at the event.

(3) An authorisation may be given under sub-paragraph (1) in relation to a particular event or a particular description of events.

(4) An authorisation under sub-paragraph (1)—

(a) must be given to a person the Welsh Ministers consider is responsible for organising the event, and

(b) may require the event to be held in accordance with any requirements, restrictions or other conditions as may be specified by the Welsh Ministers.

(5) The Welsh Ministers must publish—

(a) an authorisation given under sub-paragraph (1), and

(b) details of any requirements, restrictions or other conditions specified by the Welsh Ministers in relation to an event to be held under the authorisation.

(6) The Welsh Ministers may withdraw an authorisation at any time by giving notice in writing to the person to whom the authorisation was given.

(7) An authorisation may be withdrawn under sub-paragraph (6) only if the Welsh Ministers —

(a) have reasonable grounds to believe that the event will not be held, or is not being held, in accordance with a requirement, restriction or other condition specified by them, or

(b) consider that it is necessary and proportionate to withdraw the authorisation for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection by coronavirus.

Textual Amendments

F51 Word in Sch. 2 para. 5(1)(a) substituted (26.4.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(13)(e)(i)(aa)

F52 Word in Sch. 2 para. 5(1)(b) substituted (26.4.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(13)(e)(i)(bb)

F53 Words in Sch. 2 para. 5(2) omitted (26.4.2021 immediately before the start of the day) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(13)(e)(ii)

Commencement Information

I13 Sch. 2 para. 5 in force at 20.12.2020, see reg. 1(3)

F54 PART 3 E+W Restrictions on travelling

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F54 Sch. 2 Pt. 3 omitted (12.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(14)

PART 4 E+W Restrictions on certain businesses and services

Closure of premises used by certain businesses and services E+W

7.—(1) A person responsible for carrying on or providing a business or service listed in paragraph 9 or 10 must—

(a) close to members of the public any premises operated as part of the business or service, and

(b) not carry on the business or service at such premises otherwise than in accordance with this regulation.

(2) Sub-paragraph (1) does not prevent—

(a) carrying out maintenance and repairs or other work to ensure premises are suitable for use when sub-paragraph (1) no longer applies to the premises;

(b) the use of premises for any purpose as may be requested or authorised by the Welsh Ministers or a local authority;

(c) the use of premises to broadcast without an audience present at the premises (whether over the internet or as part of a radio or television broadcast) or to rehearse F55 ... ;

(d) the use of premises for the provision of services or information (including the sale, hire or delivery of goods or services)—

(i) through a website, or otherwise by on-line communication,

(ii) by telephone, including by text message, or

(iii) by post.

(3) Where—

(a) a person responsible for carrying on a business (“business A”) is required by virtue of this paragraph to cease carrying on business A at premises, and

(b) business A forms part of a larger business (“business B”),

the requirement in this paragraph is complied with if the person responsible for carrying on business B ceases to carry on business A at the premises.

Textual Amendments

F55 Words in Sch. 2 para. 7(2)(c) omitted (13.3.2021 immediately before the start of the day) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 5) Regulations 2021 (S.I. 2021/307), regs. 1(2), 2(5)(b)

Commencement Information

I14 Sch. 2 para. 7 in force at 20.12.2020, see reg. 1(3)

Restrictions on licensed premises E+W

F56 8.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F56 Sch. 2 para. 8 omitted (26.4.2021 immediately before the start of the day) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(13)(f)

Businesses or services whose premises must be closed E+W

9.  Nightclubs, discotheques, dance halls or other venues authorised for the sale or supply of alcohol where live or recorded music is provided for members of the public or members of the venue to dance.

Commencement Information

I15 Sch. 2 para. 9 in force at 20.12.2020, see reg. 1(3)

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

Commencement Information

I16 Sch. 2 para. 10 in force at 20.12.2020, see reg. 1(3)

[F57 11.   Ice skating rinks.] E+W

Textual Amendments

F57 Sch. 2 para. 11 inserted (26.4.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(13)(g)

Regulation 4(4)

[F58 SCHEDULE 3 E+W Alert Level 3 Restrictions

Textual Amendments

F58 Sch. 3 substituted (26.4.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(14)

PART 1 E+W Restrictions on gathering

Restriction on gatherings in private dwellings E+W

1.— (1) No person may, without a reasonable excuse, participate in a gathering in a private dwelling unless all the persons participating in the gathering are members of the same household or extended household.

(2) But a person may participate in such a gathering outdoors if the gathering consists of no more than 6 persons.

(3) In determining, for the purposes of sub-paragraph (2), the number of persons participating in a gathering no account is to be taken of—

(a) any children under the age of 11, as long as the persons participating in the gathering (including any children under the age of 11) are from no more than 6 households, or

(b) the carer of a person who is participating in the gathering.

(4) For the purposes of sub-paragraph (1), a person has a reasonable excuse if—

(a) the person is participating in the gathering for a purpose that is reasonably necessary and there is no reasonably practicable alternative, or

(b) one of the circumstances in sub-paragraph (6) applies.

(5) Examples of purposes for which it may be reasonably necessary for a person to participate in a gathering include—

(a) obtaining or providing medical assistance, or accessing veterinary services;

(b) meeting a legal obligation;

(c) providing, receiving or accessing 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;

(d) in relation to children who do not live in the same household as their parents, or one of their parents, continuing 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;

(e) moving home;

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

(g) accessing or receiving educational services.

(6) The circumstances referred to in sub-paragraph (4)(b) are that the person is—

(a) providing or receiving emergency assistance;

(b) avoiding illness, injury or other risk of harm;

(c) working or providing voluntary or charitable services, or obtaining services from a person working or providing voluntary or charitable services;

(d) participating in a gathering of no more than 4 people where all the persons in the gathering—

(i) live in the same premises, and

(ii) share toilet, washing, dining or cooking facilities with each other.

(7) This paragraph does not apply to a person who is homeless.

Restriction on gatherings in holiday or travel accommodation E+W

2.— (1) No person may, without reasonable excuse, participate in a gathering which takes place in holiday or travel accommodation unless all the persons participating in the gathering are members of the same household or extended household.

(2) But a person may participate in such a gathering outdoors if the gathering consists of no more than 6 persons.

(3) In determining, for the purposes of sub-paragraph (2), the number of persons participating in a gathering no account is to be taken of—

(a) any children under the age of 11, as long as the persons participating in the gathering (including any children under the age of 11) are from no more than 6 households, or

(b) the carer of a person who is participating in the gathering.

(4) For the purposes of sub-paragraph (1), a person has a reasonable excuse if—

(a) the person is participating in the gathering for a purpose that is reasonably necessary and there is no reasonably practicable alternative, or

(b) one of the circumstances in sub-paragraph (6) applies.

(5) Examples of purposes for which it may be reasonably necessary for a person to participate in a gathering include—

(a) obtaining or providing medical assistance, or accessing veterinary services;

(b) meeting a legal obligation;

(c) providing, receiving or accessing 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;

(d) in relation to children who do not live in the same household as their parents, or one of their parents, continuing 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.

(6) The circumstances referred to in sub-paragraph (4)(b) are that the person is—

(a) providing or receiving emergency assistance;

(b) avoiding illness, injury or other risk of harm;

(c) working or providing voluntary or charitable services;

(d) attending a solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony—

(i) as a party to the marriage, civil partnership or alternative wedding,

(ii) if invited to attend, or

(iii) as the carer of a person attending;

(e) participating in an indoor gathering of no more than 15 people at holiday or travel accommodation, not counting persons under the age of 11 or persons working at the premises, to—

(i) celebrate a solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony that took place on or after 26 March 2020;

(ii) celebrate the life of a deceased person whose funeral is held on or after 26 March 2020,

at which no alcohol is consumed;

(f) participating in an outdoor gathering of no more than 30 people at holiday or travel accommodation, not counting persons under the age of 11 or persons working at the premises, to—

(i) celebrate a solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony that took place on or after 26 March 2020;

(ii) celebrate the life of a deceased person whose funeral is held on or after 26 March 2020;

(g) participating in or facilitating an indoor organised activity at which—

(i) no more than 15 people are in attendance, not counting persons under the age of 11 or persons working, or providing voluntary services, as part of the activity, and

(ii) no alcohol is consumed;

(h) participating in or facilitating an outdoor organised activity at which—

(i) no more than 30 people are in attendance, not counting persons under the age of 11 or persons working, or providing voluntary services, as part of the activity, and

(ii) no alcohol is consumed;

(i) attending or facilitating an event authorised by the Welsh Ministers in accordance with paragraph 6.

(7) This paragraph does not apply to a person who is homeless.

Restriction on gatherings in public places E+W

3.— (1) No person may, without a reasonable excuse, participate in a gathering in premises to which neither paragraph 1 nor 2 applies unless all the persons participating in the gathering are members of the same household.

(2) But a person may participate in such a gathering—

(a) outdoors in regulated premises if the gathering consists of no more than 6 persons;

(b) outdoors other than in regulated premises if—

(i) the gathering consists of no more than 6 persons, or

(ii) all the persons participating in the gathering are members of the same extended household.

(3) In determining, for the purposes of sub-paragraph (2), the number of persons participating in a gathering no account is to be taken of—

(a) any children under the age of 11, as long as the persons participating in the gathering (including any children under the age of 11) are from no more than 6 households, or

(b) the carer of a person who is participating in the gathering.

(4) For the purposes of sub-paragraph (1), a person has a reasonable excuse if—

(a) the person is participating in the gathering for a purpose that is reasonably necessary and there is no reasonably practicable alternative, or

(b) one of the circumstances in sub-paragraph (6) applies.

(5) Examples of purposes for which it may be reasonably necessary for a person to participate in a gathering include—

(a) obtaining or providing medical assistance, or accessing veterinary services;

(b) working or providing voluntary or charitable services;

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

(d) providing, receiving or accessing 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) in relation to children who do not live in the same household as their parents, or one of their parents, continuing 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;

(f) moving home;

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

(h) accessing or receiving public services;

(i) accessing or receiving educational services;

(j) visiting a person who is resident in a care home, with the permission of the service provider.

(6) The circumstances referred to in sub-paragraph (4)(b) are that the person is—

(a) providing or receiving emergency assistance;

(b) avoiding illness, injury or other risk of harm;

(c) attending a solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony—

(i) as a party to the marriage, civil partnership or alternative wedding,

(ii) if invited to attend, or

(iii) as the carer of a person attending;

(d) attending 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;

(e) participating in an indoor gathering of no more than 15 people at regulated premises, not counting persons under the age of 11 or persons working at the premises, to—

(i) celebrate a solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony that took place on or after 26 March 2020;

(ii) celebrate the life of a deceased person whose funeral is held on or after 26 March 2020,

at which no alcohol is consumed;

(f) participating in an outdoor gathering of no more than 30 people at regulated premises, not counting persons under the age of 11 or persons working at the premises, to—

(i) celebrate a solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony that took place on or after 26 March 2020;

(ii) celebrate the life of a deceased person whose funeral is held on or after 26 March 2020;

(g) attending a place of worship;

(h) an elite athlete and is training or competing;

(i) providing coaching or other support to an elite athlete, or providing support at an elite sporting event;

(j) participating in or facilitating an indoor organised activity at which—

(i) no more than 15 people are in attendance, not counting persons under the age of 11 or persons working, or providing voluntary services, as part of the activity, and

(ii) no alcohol is consumed;

(k) participating in or facilitating an outdoor organised activity at which—

(i) no more than 30 people are in attendance, not counting persons under the age of 11 or persons working, or providing voluntary services, as part of the activity, unless the activity is organised for the purposes of protest, or picketing carried out in accordance with the Trade Union and Labour Relations (Consolidation) Act 1992, and

(ii) no alcohol is consumed;

(l) participating in or facilitating an organised activity for the development or well-being of persons who were aged under 18 on 31 August 2020 (including sports, music and other recreational activities such as those provided for children outside of school hours and during school holidays);

(m) attending or facilitating an event authorised by the Welsh Ministers in accordance with paragraph 6.

(7) This paragraph does not apply to a person who is homeless.

Extended households E+W

4.— (1) 2 households may agree to be treated as an extended household.

(2) In addition to the 2 households who may agree to be treated as an extended household under sub-paragraph (1), 1 well-being needs household may also agree to be treated as part of that extended household.

(3) To agree to be treated as an extended household, all members of the households must agree.

(4) A household may only agree to be treated as being in 1 extended household at any one time.

(5) Where a household has agreed to be treated as an extended household with any other households under paragraph 3 of Schedule 1 (“the previous extended household”), it may make an agreement under this paragraph only with those other households, unless a period of at least 10 days has expired since any member of the household last participated in a gathering with a member of those households in reliance on being treated as part of the previous extended household.

(6) Where households have agreed to be treated as an extended household under—

(a) paragraph 3 of Schedule 2,

(b) paragraph 4 of Schedule 3A, or

(c) paragraph 3 of Schedule 4,

those households are to be treated as having agreed to be treated as an extended household under this paragraph.

(7) A household ceases to be treated as part of an extended household if any member of the household ceases to agree to be treated as part of the extended household.

(8) Sub-paragraph (9) applies where—

(a) a person who would be, or is, a member of an extended household is a child, and

(b) a person who has parental responsibility for the child (“P”) is a member of the child’s household.

(9) Where this sub-paragraph applies—

(a) the agreement required by sub-paragraph (3) is to be given by P (and not the child), and

(b) a household ceases to be treated as part of an extended household in accordance with sub-paragraph (7) if P ceases to agree to be treated as part of the extended household (whether or not the child also ceases to agree).

(10) If a household ceases to be treated as part of an extended household, the household may not agree to be treated as part of an extended household with any other household unless a period of at least 10 days has expired since any member of the household last participated in a gathering with any member of another household in reliance on being treated as part of an extended household with that household.

(11) In this Schedule, references to an extended household are references to an extended household formed under or by virtue of this paragraph.

(12) In this paragraph, “well-being needs household” means—

(a) a single adult household;

(b) a household comprising of 1 or more children and no adults.

PART 2 E+W Restrictions on organising events

Prohibition on organising events E+W

5.— (1) No person may, without a reasonable excuse, be involved in organising—

(a) an event held wholly or mainly indoors at which more than 15 people are in attendance, or

(b) an event held wholly or mainly outdoors at which more than 30 people are in attendance,

not counting persons working, or providing voluntary services, at the event.

(2) Sub-paragraph (1) does not apply to a person involved in organising an event authorised by the Welsh Ministers under paragraph 6.

(3) For the purposes of sub-paragraph (1)—

(a) a person is not involved in organising an event if the person’s only involvement is attending it;

(b) a reasonable excuse includes where the person has taken all reasonable measures to ensure that no more than 15 or 30 people are in attendance, as the case may be;

(c) the following are not to be treated as events—

(i) the showing of a film at a drive-in cinema;

(ii) a performance at a drive-in theatre;

(iii) a market;

(iv) a religious service;

(v) an elite sporting event at which the only people present are elite athletes and persons working or providing voluntary services at the event.

Authorised events E+W

6.— (1) The Welsh Ministers may give authorisation in writing for an event to be held—

(a) at which more than 15 people are in attendance where the event takes place wholly or mainly indoors, or

(b) at which more than 30 people are in attendance where the event takes place wholly or mainly outdoors.

(2) References in sub-paragraph (1) to numbers of people do not include persons working, or providing voluntary services, at the event.

(3) An authorisation may be given under sub-paragraph (1) in relation to a particular event or a particular description of events.

(4) An authorisation under sub-paragraph (1)—

(a) must be given to a person the Welsh Ministers consider is responsible for organising the event, and

(b) may require the event to be held in accordance with any requirements, restrictions or other conditions as may be specified by the Welsh Ministers.

(5) The Welsh Ministers must publish—

(a) an authorisation given under sub-paragraph (1), and

(b) details of any requirements, restrictions or other conditions specified by the Welsh Ministers in relation to an event to be held under the authorisation.

(6) The Welsh Ministers may withdraw an authorisation at any time by giving notice in writing to the person to whom the authorisation was given.

(7) An authorisation may be withdrawn under sub-paragraph (6) only if the Welsh Ministers —

(a) have reasonable grounds to believe that the event will not be held, or is not being held, in accordance with a requirement, restriction or other condition specified by them, or

(b) consider that it is necessary and proportionate to withdraw the authorisation for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection by coronavirus.

PART 3 E+W Restrictions on certain businesses and services

CHAPTER 1 E+W Businesses or services whose premises are required to be closed but to which limited access may be allowed

Closure of indoor premises of food and drink businesses E+W

7.— (1) A person responsible for carrying on a business which is listed in paragraphs 11 to 13 (food and drink businesses) must close to members of the public any part of its premises which is indoors and used for the consumption of food or drink.

(2) Sub-paragraph (1) does not prevent—

(a) the use of premises for—

(i) the sale of food and drink for consumption off the premises, or

(ii) services providing food or drink to homeless people;

(b) the provision of room service at a hotel or other accommodation (where the hotel or other accommodation continues to operate in accordance with the exceptions allowed by paragraph 8);

(c) a workplace canteen from being open where there is no practical alternative for staff at that workplace to obtain food or drink;

(d) the use of premises for any purpose as may be requested or authorised by the Welsh Ministers or a local authority;

(e) the carrying out of maintenance and repairs or other work to ensure premises are suitable for use when sub-paragraph (1) no longer applies to the premises.

(3) Sub-paragraph (1) does not apply to—

(a) cafés and canteens at a hospital, care home, school or within accommodation provided for students;

(b) canteens at a prison or an establishment intended for use for naval, military or air force purposes or for the purposes of the Department of the Secretary of State responsible for defence.

(4) For the purposes of sub-paragraph (1), an indoor area adjacent to the premises of the business where seating is made available for customers of the business (whether or not by the business) is to be treated as part of the premises of that business.

(5) Where—

(a) a person responsible for carrying on a business (“business A”) is required by virtue of this paragraph to cease carrying on business A at premises, and

(b) business A forms part of a larger business (“business B”),

the requirement in this paragraph is complied with if the person responsible for carrying on business B ceases to carry on business A at the premises.

Closure of holiday or travel accommodation that is not self-contained E+W

8.— (1) A person responsible for carrying on a business which is listed in paragraphs 14 to 17 (holiday or travel accommodation) must—

(a) close to members of the public any premises operated as part of the business, and

(b) not carry on business at such premises otherwise than in accordance with this paragraph.

(2) But sub-paragraph (1) does not prevent the use of premises for the provision of accommodation—

(a) in a camping site or holiday site, provided that the only shared facilities used by guests at the camping site or holiday site are water points and waste disposal points, or

(b) in separate and self-contained premises.

(3) And sub-paragraph (1) does not prevent—

(a) carrying out maintenance and repairs or other work to ensure premises are suitable for use when sub-paragraph (1) no longer applies to the premises;

(b) the use of premises for any purpose as may be requested or authorised by the Welsh Ministers or a local authority;

(c) the provision of accommodation for any persons staying in that accommodation when this paragraph most recently began to apply to the area in which the accommodation is situated and who—

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

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

(d) the use of premises to carry on the business by providing information or other services—

(i) through a website, or otherwise by on-line communication,

(ii) by telephone, including enquiries by text message, or

(iii) by post.

(4) Premises are separate and self-contained for the purposes of this paragraph only if—

(a) they are provided for persons who are members of the same household or extended household, and

(b) none of the following are shared with the members of any other household—

(i) kitchens,

(ii) sleeping areas,

(iii) bathrooms, or

(iv) indoor communal areas.

(5) In this paragraph—

(a) a reception area is not to be treated as a shared facility for the purposes of sub-paragraph (2)(a);

(b) “communal areas” includes any area of the premises that is open to the public, but does not include a reception area or corridors, lifts and staircases used to access other parts of the premises.

(6) Where—

(a) a person responsible for carrying on a business (“business A”) is required by virtue of this paragraph to cease carrying on business A at premises, and

(b) business A forms part of a larger business (“business B”),

the requirement in this paragraph is complied with if the person responsible for carrying on business B ceases to carry on business A at the premises.

CHAPTER 2 E+W Businesses or services whose premises are required to be closed

Closure of businesses and services E+W

9.— (1) A person responsible for carrying on a business or providing a service which is listed in paragraphs 18 to 35 must—

(a) close to members of the public any premises operated as part of the business or service, and

(b) not carry on the business or service at such premises otherwise than in accordance with this paragraph.

(2) In its application to a business or service listed in paragraphs 27 (funfairs, amusement parks and theme parks), 28 (holiday, leisure activity or events businesses), 29 (museums and galleries), 32 (trampoline parks and centres), 33 (spas), 34 (venues for events or conferences (including venues for weddings)) and 35 (visitor attractions), sub-paragraph (1) does not apply to—

(a) a public outdoor area of the premises, or

(b) a public indoor area of the premises where it is necessary for the indoor area to be open—

(i) to allow access to a public outdoors area,

(ii) for health and safety reasons, or

(iii) to ensure that the requirements in Part 4 of these Regulations are complied with in relation to the premises.

(3) Sub-paragraph (1) does not prevent—

(a) carrying out maintenance and repairs or other work to ensure premises are suitable for use when sub-paragraph (1) no longer applies to the premises;

(b) the use of premises for any purpose as may be requested or authorised by the Welsh Ministers or a local authority;

(c) the use of premises to broadcast without an audience present at the premises (whether over the internet or as part of a radio or television broadcast) or to rehearse;

(d) the use of premises for the provision of goods or services (including their sale, hire, collection or delivery) in response to an order or enquiry made—

(i) through a website, or otherwise by on-line communication,

(ii) by telephone, including by text message, or

(iii) by post;

(e) the use of premises for the provision of information—

(i) through a website, or otherwise by on-line communication,

(ii) by telephone, including by text message, or

(iii) by post.

(4) Despite sub-paragraph (1), a person responsible for carrying on a business or providing a service—

(a) listed in paragraph 28 (holiday, leisure activity or events businesses) may open the indoor areas of its premises to the public, but only for the purposes of facilitating an organised activity for the development or well-being of persons who were aged under 18 on 31 August 2020 (including sports, music and other recreational activities such as those provided for children outside of school hours and during school holidays);

(b) listed in paragraph 33 (spas) may open the indoor areas of its premises to the public, but only for the purposes of providing, by appointment, close contact services or services provided by dentists, opticians, optometrists, audiologists, chiropodists, chiropractors, osteopaths, physiotherapists and acupuncturists.

(5) Where—

(a) a person responsible for carrying on a business (“business A”) is required by virtue of this paragraph to cease carrying on business A at premises, and

(b) business A forms part of a larger business (“business B”),

the requirement in this paragraph is complied with if the person responsible for carrying on business B ceases to carry on business A at the premises.

CHAPTER 3 E+W Businesses and services whose premises are exempt from the requirement to close

Exemption from the requirement to be closed E+W

10.— (1) Despite the preceding provisions of this Part—

(a) approved premises may be open to the public to the extent that this is required for the purposes of the solemnisation or a marriage, formation of civil partnership or alternative wedding ceremony at the premises;

(b) premises used as a venue for the solemnisation of a marriage, formation of civil partnership or alternative wedding ceremony, or the celebration of such an event, may open to the public for the purposes of enabling a person to visit the premises, by appointment, with a view to booking the premises for the solemnisation of a marriage, formation of civil partnership or alternative wedding ceremony, or for the celebration of such an event.

(2) In this paragraph, “approved premises” means premises approved in accordance with Marriages and Civil Partnerships (Approved Premises) Regulations 2005—

(a) as premises on which marriages may be solemnised in pursuance of section 26(1)(bb) of the Marriage Act 1949, or

(b) for the purposes of section 6(3A)(a) of the Civil Partnership Act 2004.

CHAPTER 4 E+W List of closed or partially closed premises

Closed or partially closed premises E+W Food and drink businesses

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

12.   Public houses. E+W

13.   Cafes, canteens and restaurants (including workplace canteens and dining rooms in members’ clubs). E+W

Holiday or travel accommodation E+W

14.   Camping sites. E+W

15.   Holiday sites. E+W

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

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

Leisure and social etc. E+W

18.   Nightclubs, discotheques, dance halls or other venues authorised for the sale or supply of alcohol where live or recorded music is provided for members of the public or members of the venue to dance. E+W

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

20.   Cinemas, other than drive in cinemas. E+W

21.   Concert halls and theatres, other than drive in theatres. E+W

22.   Casinos. E+W

23.   Bingo halls. E+W

24.   Amusement arcades. E+W

25.   Bowling alleys. E+W

26.   Indoor play centres or areas. E+W

27.   Funfairs, amusement parks and theme parks. E+W

28.   Holiday, leisure activity or events businesses. E+W

29.   Museums and galleries. E+W

30.   Ice skating rinks. E+W

31.   Trampoline parks and centres. E+W

32.   Indoor skate parks and centres. E+W

33.   Spas. E+W

34.   Venues for events or conferences (including venues for weddings). E+W

35.   Visitor attractions.] E+W

Regulation 4(6A)

[F59 SCHEDULE 3A E+W Temporary Alert Level 3 Restrictions

Textual Amendments

F59 Sch. 3A inserted (27.3.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 6) Regulations 2021 (S.I. 2021/413), regs. 1(2), 2(4)

PART 1 E+W Restriction on gathering

Restriction on gatherings in private dwellings E+W

1.— (1) No person may, without a reasonable excuse, participate in a gathering in a private dwelling unless all the persons participating in the gathering are members of the same household or extended household.

(2) But a person may participate in such a gathering outdoors if the gathering consists of no more than 6 persons F60 ....

(3) In determining, for the purposes of sub-paragraph (2), the number of persons participating in a gathering no account is to be taken of—

(a) any children under the age of 11 [F61 , as long as the persons participating in the gathering (including any children under the age of 11) are from no more than 6 households], or

(b) the carer of a person who is participating in the gathering.

(4) For the purposes of sub-paragraph (1), a person has a reasonable excuse if—

(a) the person is participating in the gathering for a purpose that is reasonably necessary and there is no reasonably practicable alternative, or

(b) one of the circumstances in sub-paragraph (6) applies.

(5) Examples of purposes for which it may be reasonably necessary for a person to participate in a gathering include—

(a) obtaining or providing medical assistance, or accessing veterinary services;

F62 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) meeting a legal obligation;

(d) providing, receiving or accessing 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) in relation to children who do not live in the same household as their parents, or one of their parents, continuing 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;

(f) moving home;

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

(h) accessing or receiving educational services.

(6) The circumstances referred to in sub-paragraph (4)(b) are that the person is—

(a) providing or receiving emergency assistance;

(b) avoiding illness, injury or other risk of harm;

[F63 (ba) working or providing voluntary or charitable services, or receiving services from a person working or providing voluntary or charitable services;]

(c) participating in a gathering of no more than 4 people where all the persons in the gathering—

(i) live in the same premises, and

(ii) share toilet, washing, dining or cooking facilities with each other.

F64 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) This paragraph does not apply to a person who is homeless.

Textual Amendments

F60 Words in Sch. 3A para. 1(2) omitted (24.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(3), 2(15)(a)(i)

F61 Words in Sch. 3A para. 1(3)(a) inserted (24.4.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(3), 2(15)(a)(ii)

F62 Sch. 3A para. 1(5)(b) omitted (26.4.2021 immediately before the start of the day) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(15)(a)(iii)

F63 Sch. 3A para. 1(6)(ba) substituted (26.4.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(15)(a)(iv)

F64 Sch. 3A para. 1(7) omitted (12.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(16)(a)(ii)

Restriction on gatherings in holiday or travel accommodation E+W

2.— (1) No person may, without reasonable excuse, participate in a gathering which takes place in holiday or travel accommodation unless all the persons participating in the gathering are members of the same household or extended household.

[F65 (1A) But a person may participate in such a gathering outdoors if the gathering consists of no more than 6 persons.

(1B) In determining, for the purposes of sub-paragraph (1A), the number of persons participating in a gathering no account is to be taken of—

(a) any children under the age of 11, as long as the persons participating in the gathering (including any children under the age of 11) are from no more than 6 households;

(b) the carer of a person who is participating in the gathering.]

(2) For the purposes of sub-paragraph (1), a person has a reasonable excuse if—

(a) the person is participating in the gathering for a purpose that is reasonably necessary and there is no reasonably practicable alternative, or

(b) one of the circumstances in sub-paragraph (4) applies.

(3) Examples of purposes for which it may be reasonably necessary for a person to participate in a gathering include—

(a) obtaining or providing medical assistance, or accessing veterinary services;

F66 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) meeting a legal obligation;

(d) providing, receiving or accessing 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) in relation to children who do not live in the same household as their parents, or one of their parents, continuing 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.

(4) The circumstances referred to in sub-paragraph (2)(b) are that the person is—

(a) providing or receiving emergency assistance;

(b) avoiding illness, injury or other risk of harm.

[F67 (c) working or providing voluntary or charitable services;

(d) attending a solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony—

(i) as a party to the marriage, civil partnership or alternative wedding,

(ii) if invited to attend, or

(iii) as the carer of a person attending;

(e) participating in an outdoor gathering of no more than 30 people at holiday or travel accommodation, not counting persons under the age of 11 or persons working at the premises, to—

(i) celebrate a solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony that took place on or after 26 March 2020;

(ii) celebrate the life of a deceased person whose funeral is held on or after 26 March 2020;

(f) participating in or facilitating an outdoor organised activity at which—

(i) no more than 30 people are in attendance, not counting persons under the age of 11 or persons working, or providing voluntary services, as part of the activity, and

(ii) no alcohol is consumed;

(g) attending or facilitating an event authorised by the Welsh Ministers in accordance with paragraph 5A.]

(5) This paragraph does not apply to a person who is homeless.

Textual Amendments

F65 Sch. 3A para. 2(1A)(1B) inserted (24.4.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(3), 2(15)(b)(i)

F66 Sch. 3A para. 2(3)(b) omitted (26.4.2021 immediately before the start of the day) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(15)(b)(ii)

F67 Sch. 3A para. 2(4)(c)-(g) inserted (26.4.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(15)(b)(iii)

Restriction on gatherings in public places E+W

3.— (1) No person may, without a reasonable excuse, participate in a gathering which takes place in premises to which neither paragraph 1 nor 2 applies unless all the persons participating in the gathering are members of the same household.

(2) But a person may participate in such a gathering outdoors if—

(a) all the persons participating in the gathering are members of the same extended household, or

(b) the gathering consists of no more than 6 persons F68 ....

(3) In determining, for the purposes of sub-paragraph (2)(b), the number of persons participating in a gathering no account is to be taken of—

(a) any children under the age of 11 [F69 , as long as the persons participating in the gathering (including any children under the age of 11) are from no more than 6 households], or

(b) the carer of a person who is participating in the gathering.

(4) For the purposes of sub-paragraph (1), a person has a reasonable excuse if—

(a) the person is participating in the gathering for a purpose that is reasonably necessary and there is no reasonably practicable alternative, or

(b) one of the circumstances in sub-paragraph (6) applies.

(5) Examples of purposes for which it may be reasonably necessary for a person to participate in a gathering include—

(a) obtaining or providing medical assistance, or accessing veterinary services;

(b) working or providing voluntary or charitable services;

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

(d) providing, receiving or accessing 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) in relation to children who do not live in the same household as their parents, or one of their parents, continuing 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;

(f) moving home;

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

(h) accessing or receiving public services;

(i) accessing or receiving educational services;

(j) visiting a person who is resident in a care home, with the permission of the service provider.

(6) The circumstances referred to in sub-paragraph (4)(b) are that the person is—

(a) providing or receiving emergency assistance;

(b) avoiding illness, injury or other risk of harm;

(c) attending a solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony—

(i) as a party to the marriage, civil partnership or alternative wedding,

(ii) if invited to attend, or

(iii) as the carer of a person attending;

(d) attending 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;

[F70 (da) participating in an outdoor gathering of no more than 30 people at regulated premises, not counting persons under the age of 11 or persons working at the premises, to—

(i) celebrate a solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony that took place on or after 26 March 2020;

(ii) celebrate the life of a deceased person whose funeral is held on or after 26 March 2020;]

(e) attending a place of worship;

(f) an elite athlete and is training or competing;

(g) providing coaching or other support to an elite athlete, or providing support at an elite sporting event;

[F71 (ga) participating in or facilitating an outdoor organised activity at which—

(i) no more than 30 people are in attendance, not counting persons under the age of 11 or persons working, or providing voluntary services, as part of the activity, unless the activity is organised for the purposes of protest, or picketing carried out in accordance with the Trade Union and Labour Relations (Consolidation) Act 1992, and

(ii) no alcohol is consumed.]

(h) participating in or facilitating an outdoor organised activity for the development or well-being of persons who were aged under 18 on 31 August 2020 (including sports, music and other recreational activities such as those provided for children outside of school hours and during school holidays).

[F72 (i) attending or facilitating an event authorised by the Welsh Ministers in accordance with paragraph 5A.]

F73 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) This paragraph does not apply to a person who is homeless.

Textual Amendments

F68 Words in Sch. 3A para. 3(2)(b) omitted (26.4.2021 immediately before the start of the day) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(15)(c)(i)

F69 Words in Sch. 3A para. 3(3)(a) inserted (26.4.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(15)(c)(ii)

F70 Sch. 3A para. 3(6)(da) inserted (26.4.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(15)(c)(iii)(aa)

F71 Sch. 3A para. 3(6)(ga) inserted (26.4.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(15)(c)(iii)(bb)

F72 Sch. 3A para. 3(6)(i) inserted (26.4.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(15)(c)(iii)(cc)

F73 Sch. 3A para. 3(7) omitted (12.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(16)(b)

Extended households E+W

4.— (1) A well-being needs household and another household may agree to be treated as an extended household.

(2) To agree to be treated as an extended household, all members of the households must agree.

(3) A household may only agree to be treated as being in 1 extended household at any one time.

(4) Where households have agreed to be treated as an extended household under paragraph 3 of Schedule 4, those households are to be treated as having agreed to be treated as an extended household under this paragraph.

(5) A household ceases to be treated as part of an extended household if any member of the household ceases to agree to be treated as part of the extended household.

(6) Sub-paragraph (7) applies where—

(a) a person who would be, or is, a member of an extended household is a child, and

(b) a person who has parental responsibility for the child (“P”) is a member of the child’s household.

(7) Where this sub-paragraph applies—

(a) the agreement required by sub-paragraph (2) is to be given by P (and not the child), and

(b) a household ceases to be treated as part of an extended household in accordance with sub-paragraph (5) if P ceases to agree to be treated as part of the extended household (whether or not the child also ceases to agree).

(8) If a household ceases to be treated as part of an extended household, the household may not agree to be treated as part of an extended household with any other household unless a period of at least 10 days has expired since any member of the household last participated in a gathering with any member of another household in reliance on being treated as part of an extended household with that household.

(9) In this Schedule, references to an extended household are references to an extended household formed under or by virtue of this paragraph.

(10) In this paragraph, “well-being needs household” means—

(a) a single adult household;

(b) a household comprising of 1 or more children and no adults;

(c) a household comprising of—

(i) 2 or more adults,

(ii) 1 or more children under the age of 1, and

(iii) any number of other children.

PART 2 E+W Restrictions on organising events

Prohibition on organising events E+W

5.— (1) No person may, without a reasonable excuse, be involved in organising—

(a) an event held wholly or mainly indoors at which more than 15 people are in attendance, or

(b) an event held wholly or mainly outdoors at which more than 30 people are in attendance,

not counting F74 ... persons working, or providing voluntary services, at the event.

[F75 (1A) Sub-paragraph (1) does not apply to a person involved in organising an event authorised by the Welsh Ministers under paragraph 5A.]

(2) For the purposes of sub-paragraph (1)—

(a) a person is not involved in organising an event if the person’s only involvement is attending it;

(b) a reasonable excuse includes where the person has taken all reasonable measures to ensure that no more than 15 or 30 people are in attendance, as the case may be;

(c) the following are not to be treated as events—

(i) the showing of a film at a drive-in cinema;

(ii) a performance at a drive-in theatre;

(iii) a market;

(iv) a religious service;

(v) an elite sporting event at which the only people present are elite athletes and persons working or providing voluntary services at the event.

Textual Amendments

F74 Words in Sch. 3A para. 5(1) omitted (26.4.2021 immediately before the start of the day) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(15)(d)(i)

F75 Sch. 3A para. 5(1A) inserted (26.4.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(15)(d)(ii)

[F76 Authorised events E+W

5A.— (1) The Welsh Ministers may give authorisation in writing for an event to be held—

(a) at which more than 15 people are in attendance where the event takes place wholly or mainly indoors, or

(b) at which more than 30 people are in attendance where the event takes place wholly or mainly outdoors.

(2) References in sub-paragraph (1) to numbers of people do not include persons working, or providing voluntary services, at the event.

(3) An authorisation may be given under sub-paragraph (1) in relation to a particular event or a particular description of events.

(4) An authorisation under sub-paragraph (1)—

(a) must be given to a person the Welsh Ministers consider is responsible for organising the event, and

(b) may require the event to be held in accordance with any requirements, restrictions or other conditions as may be specified by the Welsh Ministers.

(5) The Welsh Ministers must publish—

(a) an authorisation given under sub-paragraph (1), and

(b) details of any requirements, restrictions or other conditions specified by the Welsh Ministers in relation to an event to be held under the authorisation.

(6) The Welsh Ministers may withdraw an authorisation at any time by giving notice in writing to the person to whom the authorisation was given.

(7) An authorisation may be withdrawn under sub-paragraph (6) only if the Welsh Ministers —

(a) have reasonable grounds to believe that the event will not be held, or is not being held, in accordance with a requirement, restriction or other condition specified by them, or

(b) consider that it is necessary and proportionate to withdraw the authorisation for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection by coronavirus.]

Textual Amendments

F76 Sch. 3A para. 5A inserted (26.4.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(15)(e)

F77 PART 3 E+W Restrictions on travelling

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F77 Sch. 3A Pt. 3 omitted (12.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(16)(c)

PART 4 E+W Restrictions on certain businesses and services

CHAPTER 1 E+W Businesses or services whose premises are required to be closed but to which limited access may be allowed

Closure of [F78 indoor premises of] food and drink businesses E+W

7.— (1) A person responsible for carrying on a business which is listed in paragraphs 12 to 14 (food and drink businesses) must—

(a) close to members of the public any [F79 part of its premises which is indoors and used for the consumption of food or drink], and

F80 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Sub-paragraph (1) does not prevent—

(a) the use of premises for—

(i) the sale of food and drink for consumption off the premises, or

(ii) services providing food or drink to homeless people;

(b) the provision of room service at a hotel or other accommodation (where the hotel or other accommodation continues to operate in accordance with the exceptions allowed by paragraph 8);

(c) a workplace canteen from being open where there is no practical alternative for staff at that workplace to obtain food or drink;

[F81 (ca) the use of premises for any purpose as may be requested or authorised by the Welsh Ministers or a local authority;]

(d) the carrying out of maintenance and repairs or other work to ensure premises are suitable for use when sub-paragraph (1) no longer applies to the premises.

(3) For the purposes of sub-paragraph (1), an indoor area adjacent to the premises of the business where seating is made available for customers of the business (whether or not by the business) is to be treated as part of the premises of that business.

(4) Where—

(a) a person responsible for carrying on a business (“business A”) is required by virtue of this paragraph to cease carrying on business A at premises, and

(b) business A forms part of a larger business (“business B”),

the requirement in this paragraph is complied with if the person responsible for carrying on business B ceases to carry on business A at the premises.

Textual Amendments

F78 Words in Sch. 3A para. 7 heading inserted (26.4.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(4), 2(15)(f)(i)

F79 Words in Sch. 3A para. 7(1)(a) substituted (26.4.2021 at 6.00 a.m.) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(4), 2(15)(f)(ii)(aa)

F80 Sch. 3A para. 7(1)(b) omitted (26.4.2021 at 6.00 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(4), 2(15)(f)(ii)(bb)

F81 Sch. 3A para. 7(2)(ca) inserted (12.4.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(16)(d)

Closure of holiday or travel accommodation that is not self-contained E+W

8.— (1) A person responsible for carrying on a business which is listed in paragraphs 15 to 18 (holiday or travel accommodation) must—

(a) close to members of the public any premises operated as part of the business, and

(b) not carry on business at such premises otherwise than in accordance with this paragraph.

(2) But sub-paragraph (1) does not prevent the use of premises for the provision of accommodation—

(a) in a camping site or holiday site, provided that the only shared facilities used by guests at the camping site or holiday site are water points and waste disposal points, or

(b) in separate and self-contained premises.

(3) And sub-paragraph (1) does not prevent—

(a) carrying out maintenance and repairs or other work to ensure premises are suitable for use when sub-paragraph (1) no longer applies to the premises;

(b) the use of premises for any purpose as may be requested or authorised by the Welsh Ministers or a local authority;

(c) the provision of accommodation for any persons staying in that accommodation when this paragraph most recently began to apply to the area in which the accommodation is situated and who—

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

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

(d) the use of premises to carry on the business by providing information or other services—

(i) through a website, or otherwise by on-line communication,

(ii) by telephone, including enquiries by text message, or

(iii) by post.

(4) Premises are separate and self-contained for the purposes of this paragraph only if—

(a) they are provided for persons who are members of the same household or extended household, and

(b) none of the following are shared with the members of any other household—

(i) kitchens,

(ii) sleeping areas,

(iii) bathrooms, or

(iv) indoor communal areas.

(5) In this paragraph—

(a) a reception area is not to be treated as a shared facility for the purposes of sub-paragraph (2)(a);

(b) “communal areas” includes any area of the premises that is open to the public, but does not include a reception area or corridors, lifts and staircases used to access other parts of the premises.

(6) Where—

(a) a person responsible for carrying on a business (“business A”) is required by virtue of this paragraph to cease carrying on business A at premises, and

(b) business A forms part of a larger business (“business B”),

the requirement in this paragraph is complied with if the person responsible for carrying on business B ceases to carry on business A at the premises.

Closure of community centres F82 ... E+W

9.— (1) A person responsible for premises that are of a kind listed in [F83 paragraph 19] must ensure that the premises are closed to members of the public, except for the uses permitted by [F84 sub-paragraph (2)].

(2) A community centre may be open—

(a) to provide essential voluntary services, or

(b) [F85 for any purpose as may be requested or authorised by] the Welsh Ministers or a local authority.

F86 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Sub-paragraph (1) does not apply to the grounds surrounding—

(a) a community centre;

F87 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F88 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F82 Words in Sch. 3A para. 9 heading omitted (12.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(16)(e)(i)

F83 Words in Sch. 3A para. 9(1) substituted (12.4.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(16)(e)(ii)(aa)

F84 Words in Sch. 3A para. 9(1) substituted (12.4.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(16)(e)(ii)(bb)

F85 Words in Sch. 3A para. 9(2)(b) substituted (12.4.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(16)(e)(iii)

F86 Sch. 3A para. 9(3) omitted (12.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(16)(e)(iv)

F87 Sch. 3A para. 9(4)(b) omitted (12.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(16)(e)(v)

F88 Sch. 3A para. 9(5) omitted (12.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(16)(e)(vi)

CHAPTER 2 E+W Businesses or services whose premises are required to be closed

Closure of businesses and services E+W

10.— (1) A person responsible for carrying on a business or providing a service which is listed in paragraphs [F89 24 to 44] must—

(a) close to members of the public any premises operated as part of the business or service, and

(b) not carry on the business or service at such premises otherwise than in accordance with this paragraph.

[F90 (1A) In its application to a business or service listed in paragraphs 33, 34, 35, 37, 39, 40 and 41, sub-paragraph (1) does not apply to—

(a) a public outdoor area of the premises, or

(b) a public indoor area of the premises where it is necessary for the indoor area to be open—

(i) to allow access to a public outdoors area,

(ii) for health and safety reasons, or

(iii) to ensure that the requirements in Part 4 of these Regulations are complied with in relation to the premises.]

(2) Sub-paragraph (1) does not prevent—

(a) carrying out maintenance and repairs or other work to ensure premises are suitable for use when sub-paragraph (1) no longer applies to the premises;

(b) the use of premises for any purpose as may be requested or authorised by the Welsh Ministers or a local authority;

(c) the use of premises to broadcast without an audience present at the premises (whether over the internet or as part of a radio or television broadcast) or to rehearse;

(d) the use of premises for the provision of goods or services (including their sale, hire, collection or delivery) in response to an order or enquiry made—

(i) through a website, or otherwise by on-line communication,

(ii) by telephone, including by text message, or

(iii) by post;

(e) the use of premises for the provision of information—

(i) through a website, or otherwise by on-line communication,

(ii) by telephone, including by text message, or

(iii) by post.

(3) Despite sub-paragraph (1), a person responsible for carrying on a business or providing a service—

[F91 (a) listed in paragraph 39 or 42 (spas and indoor sports and fitness facilities) may open its premises to the public, but only for the purposes of providing, by appointment, close contact services or services provided by dentists, opticians, optometrists, audiologists, chiropodists, chiropractors, osteopaths, physiotherapists and acupuncturists;]

F92 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Where—

(a) a person responsible for carrying on a business (“business A”) is required by virtue of this paragraph to cease carrying on business A at premises, and

(b) business A forms part of a larger business (“business B”),

the requirement in this paragraph is complied with if the person responsible for carrying on business B ceases to carry on business A at the premises.

Textual Amendments

F89 Words in Sch. 3A para. 10(1) substituted (12.4.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(16)(f)(i)

F90 Sch. 3A para. 10(1A) inserted (26.4.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(15)(g)(i)

F91 Sch. 3A para. 10(3)(a) substituted (12.4.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(16)(f)(ii)

F92 Sch. 3A para. 10(3)(b) omitted (26.4.2021 immediately before the start of the day) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(15)(g)(ii)

CHAPTER 3 E+W Businesses and services whose premises are exempt from the requirement to close

Exemption from the requirement to be closed E+W

11.— (1) Despite the preceding provisions of this Part—

(a) premises operated by businesses or services listed in paragraphs [F93 51 and 52] may continue to be open;

(b) approved premises may be open to the public to the extent that this is required for the purposes of the solemnisation or a marriage, formation of civil partnership or alternative wedding ceremony at the premises;

[F94 (c) premises used as a venue for the solemnisation of a marriage, formation of civil partnership or alternative wedding ceremony, or the celebration of such an event, may open to the public for the purposes of enabling a person to visit the premises, by appointment, with a view to booking the premises for the solemnisation of a marriage, formation of civil partnership or alternative wedding ceremony, or for the celebration of such an event;]

F95 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F96 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In this paragraph, “approved premises” means premises approved in accordance with Marriages and Civil Partnerships (Approved Premises) Regulations 2005—

(a) as premises on which marriages may be solemnised in pursuance of section 26(1)(bb) of the Marriage Act 1949, or

(b) for the purposes of section 6(3A)(a) of the Civil Partnership Act 2004.

Textual Amendments

F93 Words in Sch. 3A para. 11(1)(a) substituted (12.4.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(16)(g)(i)

F94 Sch. 3A para. 11(1)(c) substituted (12.4.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(16)(g)(ii)

F95 Sch. 3A para. 11(2) omitted (26.4.2021 immediately before the start of the day) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(15)(h)

F96 Sch. 3A para. 11(3) omitted (26.4.2021 immediately before the start of the day) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(15)(h)

CHAPTER 4 E+W List of closed premises

Closed premises E+W

Food and drink businesses E+W

12.   Bars (including bars in members’ clubs).

13.   Public houses.

14.   Cafes, canteens and restaurants (including workplace canteens and dining rooms in members’ clubs).

Holiday or travel accommodation E+W

15.   Camping sites.

16.   Holiday sites.

17.   Hotels and bed and breakfast accommodation;

18.   Other holiday accommodation (including holiday apartments, hostels and boarding houses).

Public services etc. E+W

19.   Community centres.

F97 20.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F97 Sch. 3A paras. 20-23 omitted (12.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(16)(h)

Personal services etc. E+W

F97 21.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F97 Sch. 3A paras. 20-23 omitted (12.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(16)(h)

F97 22.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F97 Sch. 3A paras. 20-23 omitted (12.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(16)(h)

F97 23.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F97 Sch. 3A paras. 20-23 omitted (12.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(16)(h)

Leisure and social etc. E+W

24.   Nightclubs, discotheques, dance halls or other venues authorised for the sale or supply of alcohol where live or recorded music is provided for members of the public or members of the venue to dance.

25.   Sexual entertainment venues (within the meaning given by paragraph 2A of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982).

[F98 26.   Cinemas, other than drive in cinemas.]

Textual Amendments

F98 Sch. 3A para. 26 substituted (26.4.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(15)(i)

[F99 27.   Concert halls and theatres, other than drive in theatres.]

Textual Amendments

F99 Sch. 3A para. 27 substituted (26.4.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(15)(j)

28.   Casinos.

29.   Bingo halls.

30.   Amusement arcades.

31.   Bowling alleys.

32.   Indoor play centres or areas.

33.   Funfairs, amusement parks and theme parks.

34.   Holiday, leisure activity or events businesses.

35.   Museums and galleries.

36.   [F100 Ice skating] rinks.

Textual Amendments

F100 Words in Sch. 3A para. 36 substituted (26.4.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(15)(k)

37.   Trampoline parks and centres.

38.   Indoor skate parks and centres.

39.   Spas.

40.   Venues for events or conferences (including venues for weddings).

[F101 41.   Visitor attractions.]

Textual Amendments

F101 Sch. 3A para. 41 substituted (26.4.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(15)(l)

Sports and exercise. E+W

42.   Indoor sports or exercise facilities, including indoor fitness studios and gyms.

[F102 43.   Indoor swimming pools.]

Textual Amendments

F102 Sch. 3A para. 43 substituted (26.4.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(15)(m)

44.   Indoor sports courts, indoor bowling greens and other indoor sports grounds or pitches.

Retail etc. E+W

F103 45.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F103 Sch. 3A paras. 45-50 omitted (12.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(16)(i)

F103 46.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F103 Sch. 3A paras. 45-50 omitted (12.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(16)(i)

F103 47.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F103 Sch. 3A paras. 45-50 omitted (12.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(16)(i)

Exempt premises E+W

Public services etc. E+W

F103 48.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F103 Sch. 3A paras. 45-50 omitted (12.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(16)(i)

F103 49.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F103 Sch. 3A paras. 45-50 omitted (12.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(16)(i)

F103 50.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F103 Sch. 3A paras. 45-50 omitted (12.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(16)(i)

Food and drink businesses E+W

51.   Cafés and canteens at a hospital, care home, school or within accommodation provided for students.

52.   Canteens at a prison or an establishment intended for use for naval, military or air force purposes or for the purposes of the Department of the Secretary of State responsible for defence.

Retail etc. E+W

F104 53.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F104 Sch. 3A paras. 53-66 omitted (12.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(16)(j)

F104 54.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F104 Sch. 3A paras. 53-66 omitted (12.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(16)(j)

F104 55.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F104 Sch. 3A paras. 53-66 omitted (12.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(16)(j)

F104 56.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F104 Sch. 3A paras. 53-66 omitted (12.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(16)(j)

F104 57.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F104 Sch. 3A paras. 53-66 omitted (12.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(16)(j)

F104 58.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F104 Sch. 3A paras. 53-66 omitted (12.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(16)(j)

F104 59.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F104 Sch. 3A paras. 53-66 omitted (12.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(16)(j)

F104 60.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F104 Sch. 3A paras. 53-66 omitted (12.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(16)(j)

F104 61.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F104 Sch. 3A paras. 53-66 omitted (12.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(16)(j)

F104 62.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F104 Sch. 3A paras. 53-66 omitted (12.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(16)(j)

F104 63.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F104 Sch. 3A paras. 53-66 omitted (12.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(16)(j)

F104 64.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F104 Sch. 3A paras. 53-66 omitted (12.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(16)(j)

F104 65.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F104 Sch. 3A paras. 53-66 omitted (12.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(16)(j)

F104 66.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F104 Sch. 3A paras. 53-66 omitted (12.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(16)(j)

Regulation 4(5)

SCHEDULE 4 E+W Alert Level 4 Restrictions

PART 1 E+W Restrictions on movement and gathering with others

Requirement to stay at home E+W

1.—(1) No person may, without a reasonable excuse, leave the place where they are living or remain away from that place.

(2) For the purposes of sub-paragraph (1), a person has a reasonable excuse if—

(a) the person leaves or remains away from the place where they are living for a purpose that is reasonably necessary and there is no reasonably practicable alternative, or

(b) one of the circumstances in sub-paragraph (4) applies.

(3) Examples of purposes for which it may be reasonably necessary for a person to leave or remain away from the place where they are living include—

(a) obtaining supplies from a business or service listed in paragraphs 55 to 66 , including—

(i) food and medical supplies for those in the same household or extended household (including animals in the household or extended household) or for vulnerable persons;

(ii) supplies for the essential upkeep, maintenance and functioning of the household or extended household, or the household of a vulnerable person;

(b) obtaining or providing medical assistance, or accessing veterinary services;

(c) working or providing voluntary or charitable services;

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

(e) providing, receiving or accessing 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) in relation to children who do not live in the same household as their parents, or one of their parents, continuing 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;

(g) moving home;

(h) obtaining money from or depositing money with any business or service listed in paragraph 39(g) of Schedule 7;

(i) viewing a property in connection with the purchase, sale, letting or rental of the property;

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

(k) accessing or receiving public services;

(l) accessing or receiving educational services.

(4) The circumstances referred to in sub-paragraph (2)(b) are that the person is—

(a) providing or receiving emergency assistance;

(b) avoiding illness, injury or other risk of harm;

(c) attending a solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony —

(i) as a party to the marriage, civil partnership or alternative wedding,

(ii) if invited to attend, or

(iii) as the carer of a person attending;

(d) attending 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;

(e) attending a place of worship;

(f) exercising, either—

(i) alone,

(ii) with other members of the person's household or extended household, [F105 or]

(iii) with the person's carer; F106 ...

F106 (iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) an elite athlete and is training or competing;

(h) providing coaching or other support to an elite athlete, or providing support at—

(i) an elite sporting event, or

(ii) a sporting event taking place outside Wales;

(i) travelling to vote in an election;

(j) travelling to or from, or is present at, a place where a member of their extended household is living.

(5) In sub-paragraph (4)(f)—

(a) exercise must start and finish at the place where the person is living or where a member of the person's extended household 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), the person needs to exercise in another place, exercise must take place in an area local to the place where the person is living.

(6) This paragraph does not apply to a person who is homeless.

Textual Amendments

F105 Word in Sch. 4 para. 1(4)(f) inserted (20.2.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/172), regs. 1(2), 2(4)(a)

F106 Sch. 4 para. 1(4)(f)(iv) and word omitted (20.2.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/172), regs. 1(2), 2(4)(b)

Commencement Information

I17 Sch. 4 para. 1 in force at 20.12.2020, see reg. 1(3)

Requirement not to gather with other people E+W

2.—(1) No person may, 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) For the purposes of sub-paragraph (1), a person has a reasonable excuse if—

(a) the person is gathering with other people for a purpose that is reasonably necessary and there is no reasonably practicable alternative, or

(b) one of the circumstances in sub-paragraph (4) applies.

(3) Examples of purposes for which it may be reasonably necessary for a person to participate in a gathering include—

(a) obtaining or providing medical assistance, or accessing veterinary services;

(b) working or providing voluntary or charitable services;

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

(d) providing, receiving or accessing 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) in relation to children who do not live in the same household as their parents, or one of their parents, continuing existing arrangements for access to, and contact between, parents and children, and for the purposes of this sub-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;

(f) moving home;

(g) viewing a property in connection with the purchase, sale, letting or rental of the property;

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

(i) accessing or receiving public services;

(j) accessing or receiving educational services;

(k) avoiding illness, injury or other risk of harm.

(4) The circumstances referred to in sub-paragraph (2)(b) are that the person is—

(a) providing or receiving emergency assistance;

(b) attending a solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony—

(i) as a party to the marriage, civil partnership or wedding,

(ii) if invited to attend, or

(iii) as the carer of a person attending;

(c) attending 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;

(d) attending a place of worship;

(e) an elite athlete and is training or competing;

(f) providing coaching or other support to an elite athlete, or providing support at an elite sporting event;

(g) participating in a gathering with members of their extended household at a place where members of the extended household are living;

(h) participating in a gathering of no more than 4 people where all the persons in the gathering—

(i) live in the same premises, and

(ii) share toilet, washing, dining or cooking facilities with each other;

[F107 (i) exercising outdoors, except in a private dwelling, with—

(i) members of the person’s extended household, F108 ...

F108 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

together with any carer of a person participating who is present.]

(5) This paragraph does not apply to a person who is homeless.

Textual Amendments

F107 Sch. 4 para. 2(4)(i) inserted (30.1.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/103), regs. 1(2), 2(6)(b)

F108 Sch. 4 para. 2(4)(i)(ii) and word omitted (20.2.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/172), regs. 1(2), 2(5)

Commencement Information

I18 Sch. 4 para. 2 in force at 20.12.2020, see reg. 1(3)

Extended households E+W

3.—(1) A [F109 well-being needs] household and another household may agree to be treated as an extended household.

(2) To agree to be treated as an extended household, all [F110 members of the households] must agree.

(3) A household may only agree to be treated as being in 1 extended household [F111 at any one time].

(4) Where a [F112 well-being needs] household has agreed to be treated as an extended household with up to—

(a) 3 other households under paragraph 3 of Schedule 1, or

(b) 2 other households under—

(i) paragraph 3 of Schedule 2, or

(ii) paragraph 3 of Schedule 3,

[F113 (“the previous extended household”),] an agreement under this paragraph may be made only between the [F112 well-being needs] household and 1 of those other households [F114 unless a period of at least 10 days has expired since any member of the [F112 well-being needs] household last participated in a gathering with a member of those households in reliance on being treated as part of the previous extended household].

(5) A household ceases to be treated as [F115 part of] an extended household if any F116 ... member of the household ceases to agree to be treated as [F115 part of] the extended household.

[F117 (5A) Sub-paragraph (5B) applies where—

(a) a person who would be, or is, a member of an extended household is a child, and

(b) a person who has parental responsibility for the child (“P”) is a member of the child’s household.

(5B) Where this sub-paragraph applies—

(a) the agreement required by sub-paragraph (2) is to be given by P (and not the child), and

(b) a household ceases to be treated as part of an extended household in accordance with sub-paragraph (5) if P ceases to agree to be treated as part of the extended household (whether or not the child also ceases to agree).]

(6) If a household ceases to be treated as [F118 part of] an extended household, the household may not agree to be treated as [F118 part of] an extended household with any other household [F119 unless a period of at least 10 days has expired since any member of the household last participated in a gathering with any member of another household in reliance on being treated as part of an extended household with that household].

(7) In this Schedule, references to an extended household are references to an extended household formed under or by virtue of this paragraph.

[F120 (8) In this paragraph, “well-being needs household” means—

(a) a single adult household;

(b) a household comprising of 1 or more children and no adults.]

Textual Amendments

F109 Words in Sch. 4 para. 3(1) substituted (27.2.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 4) Regulations 2021 (S.I. 2021/210), regs. 1(2), 2(9)(a)

F110 Words in Sch. 4 para. 3(2) substituted (13.3.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 5) Regulations 2021 (S.I. 2021/307), regs. 1(2), 2(7)(a)(i)

F111 Words in Sch. 4 para. 3(3) inserted (30.1.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/103), regs. 1(2), 2(6)(c)(i)

F112 Words in Sch. 4 para. 3(4) substituted (27.2.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 4) Regulations 2021 (S.I. 2021/210), regs. 1(2), 2(9)(a)

F113 Words in Sch. 4 para. 3(4) inserted (30.1.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/103), regs. 1(2), 2(6)(c)(ii)(aa)

F114 Words in Sch. 4 para. 3(4) inserted (30.1.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/103), regs. 1(2), 2(6)(c)(ii)(bb)

F115 Words in Sch. 4 para. 3(5) substituted (30.1.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/103), regs. 1(2), 2(6)(c)(iii)

F116 Word in Sch. 4 para. 3(5) omitted (13.3.2021 immediately before the start of the day) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 5) Regulations 2021 (S.I. 2021/307), regs. 1(2), 2(7)(a)(ii)

F117 Sch. 4 para. 3(5A)(5B) inserted (13.3.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 5) Regulations 2021 (S.I. 2021/307), regs. 1(2), 2(7)(a)(iii)

F118 Words in Sch. 4 para. 3(6) substituted (30.1.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/103), regs. 1(2), 2(6)(c)(iv)(aa)

F119 Words in Sch. 4 para. 3(6) inserted (30.1.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/103), regs. 1(2), 2(6)(c)(iv)(bb)

F120 Sch. 4 para. 3(8) inserted (27.2.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 4) Regulations 2021 (S.I. 2021/210), regs. 1(2), 2(9)(b)

Commencement Information

I19 Sch. 4 para. 3 in force at 20.12.2020, see reg. 1(3)

PART 2 E+W Restrictions on organising events

Prohibition on organising events E+W

4.—(1) No person may, without a reasonable excuse, be involved in organising—

(a) an event held wholly or mainly indoors at which more than 15 people are in attendance, or

(b) an event held wholly or mainly outdoors at which more than 30 people are in attendance,

not counting persons under the age of 11 or persons working, or providing voluntary services, at the event.

(2) Sub-paragraph (1) does not apply to a person involved in organising an elite sporting event authorised by the Welsh Ministers under paragraph 5.

(3) For the purposes of sub-paragraph (1)—

(a) a person is not involved in organising an event if the person's only involvement is attending it;

(b) a reasonable excuse includes where the person has taken all reasonable measures to ensure that no more than 15 or 30 people are in attendance, as the case may be;

(c) the following are not to be treated as events—

(i) a market;

(ii) a religious service.

Commencement Information

I20 Sch. 4 para. 4 in force at 20.12.2020, see reg. 1(3)

Authorised elite sporting events E+W

5.—(1) The Welsh Ministers may give authorisation in writing for an elite sporting event to be held.

(2) An authorisation under sub-paragraph (1)—

(a) must be given to a person the Welsh Ministers consider is responsible for organising the event, and

(b) may require the event to be held in accordance with any requirements, restrictions or other conditions as may be specified by the Welsh Ministers.

(3) The Welsh Ministers must publish—

(a) an authorisation given under sub-paragraph (1), and

(b) details of any requirements, restrictions or other conditions specified by the Welsh Ministers in relation to the event.

(4) The Welsh Ministers may withdraw an authorisation at any time by giving notice in writing to the person to whom the authorisation was given.

(5) An authorisation may be withdrawn under sub-paragraph (4) only if the Welsh Ministers —

(a) have reasonable grounds to believe that the event will not be held, or is not being held, in accordance with a requirement, restriction or other condition specified by them, or

(b) consider that it is necessary and proportionate to withdraw the authorisation for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection by coronavirus.

Commencement Information

I21 Sch. 4 para. 5 in force at 20.12.2020, see reg. 1(3)

F121 PART 3 E+W Restrictions on travel

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F121 Sch. 4 Pt. 3 omitted (12.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(17)(a)

F122 PART 3A E+W Restrictions on attending schools and further education institutions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F122 Sch. 4 Pt. 3A omitted (13.3.2021 immediately before the start of the day) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 5) Regulations 2021 (S.I. 2021/307), regs. 1(2), 2(7)(b)

PART 4 E+W Restrictions on certain businesses and services

CHAPTER 1 E+W Business and services whose premises must be closed but to which limited access may be allowed

Closure of food and drink businesses E+W

7.—(1) A person responsible for carrying on a business which is listed in paragraphs 12 to 14 (food and drink businesses) must—

(a) close to members of the public any premises operated as part of the business, and

(b) not carry on business at such premises otherwise than in accordance with this paragraph.

(2) Sub-paragraph (1) does not prevent—

(a) the use of premises for—

(i) the sale of food and drink for consumption off the premises, or

(ii) services providing food or drink to homeless people;

(b) the provision of room service at a hotel or other accommodation (where the hotel or other accommodation continues to operate in accordance with the exceptions allowed by paragraph 8);

(c) a workplace canteen from being open where there is no practical alternative for staff at that workplace to obtain food or drink;

(d) the carrying out of maintenance and repairs or other work to ensure premises are suitable for use when sub-paragraph (1) no longer applies to the premises.

(3) For the purposes of sub-paragraph (1), an indoor area adjacent to the premises of the business where seating is made available for customers of the business (whether or not by the business) is to be treated as part of the premises of that business.

(4) Where—

(a) a person responsible for carrying on a business (“business A”) is required by virtue of this paragraph to cease carrying on business A at premises, and

(b) business A forms part of a larger business (“business B”),

the requirement in this paragraph is complied with if the person responsible for carrying on business B ceases to carry on business A at the premises.

Commencement Information

I22 Sch. 4 para. 7 in force at 20.12.2020, see reg. 1(3)

Closure of holiday or travel accommodation E+W

8.—(1) A person responsible for carrying on a business which is listed in paragraphs 15 to 18 (holiday or travel accommodation) must—

(a) close to members of the public any premises operated as part of the business, and

(b) not carry on business at such premises otherwise than in accordance with this regulation.

(2) Sub-paragraph (1) does not prevent—

(a) carrying out maintenance and repairs or other work to ensure premises are suitable for use when sub-paragraph (1) no longer applies to the premises;

(b) the use of premises for any purpose as may be requested or authorised by the Welsh Ministers or a local authority;

(c) the provision of accommodation for any persons staying in that accommodation when this paragraph most recently began to apply to the area in which the accommodation is situated and who—

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

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

(d) the use of premises to carry on the business by providing information or other services—

(i) through a website, or otherwise by on-line communication,

(ii) by telephone, including enquiries by text message, or

(iii) by post.

(3) Where—

(a) a person responsible for carrying on a business (“business A”) is required by virtue of this paragraph to cease carrying on business A at premises, and

(b) business A forms part of a larger business (“business B”),

the requirement in this paragraph is complied with if the person responsible for carrying on business B ceases to carry on business A at the premises.

Commencement Information

I23 Sch. 4 para. 8 in force at 20.12.2020, see reg. 1(3)

Closure of community centres F123 ... E+W

9.—(1) A person responsible for premises that are of a kind listed in [F124 paragraph 19] must ensure that the premises are closed to members of the public, except for the uses permitted by [F125 sub-paragraph (2)].

(2) A community centre may be open—

(a) to provide essential voluntary services, or

(b) to provide public services upon the request of the Welsh Ministers or a local authority.

F126 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F126 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In this paragraph, “public services” includes the provision of food banks or other support for homeless or vulnerable people, childcare, blood donation sessions or support in an emergency.

Textual Amendments

F123 Words in Sch. 4 para. 9 heading omitted (12.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(17)(b)(i)

F124 Words in Sch. 4 para. 9(1) substituted (12.4.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(17)(b)(ii)(aa)

F125 Words in Sch. 4 para. 9(1) substituted (12.4.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(17)(b)(ii)(bb)

F126 Sch. 4 para. 9(3)(4) omitted (12.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(17)(b)(iii)

Commencement Information

I24 Sch. 4 para. 9 in force at 20.12.2020, see reg. 1(3)

CHAPTER 2 E+W Businesses or services whose premises are required to be closed

Closure of businesses and services E+W

10.—(1) A person responsible for carrying on a business or providing a service which is listed in paragraphs 21 to 48 must—

(a) close to members of the public any premises operated as part of the business or service, and

(b) not carry on the business or service at such premises otherwise than in accordance with this paragraph.

(2) Sub-paragraph (1) does not prevent—

(a) carrying out maintenance and repairs or other work to ensure premises are suitable for use when sub-paragraph (1) no longer applies to the premises;

(b) the use of premises for any purpose as may be requested or authorised by the Welsh Ministers or a local authority;

(c) the use of premises to broadcast without an audience present at the premises (whether over the internet or as part of a radio or television broadcast) or to rehearse for such a broadcast;

(d) the use of premises for the provision of goods or services (including their sale, hire, collection or delivery) in response to an order or enquiry made—

(i) through a website, or otherwise by on-line communication,

(ii) by telephone, including by text message, or

(iii) by post;

(e) the use of premises for the provision of information—

(i) through a website, or otherwise by on-line communication,

(ii) by telephone, including by text message, or

(iii) by post.

(3) Where—

(a) a person responsible for carrying on a business (“business A”) is required by virtue of this paragraph to cease carrying on business A at premises, and

(b) business A forms part of a larger business (“business B”),

the requirement in this paragraph is complied with if the person responsible for carrying on business B ceases to carry on business A at the premises.

Commencement Information

I25 Sch. 4 para. 10 in force at 20.12.2020, see reg. 1(3)

CHAPTER 3 E+W Business and services whose premises are exempt from the requirement to close

Exemption from the requirement to be closed E+W

11.—(1) Despite the preceding provisions of this Part, premises operated by businesses or services listed in paragraphs 49 to 66 may continue to be open.

(2) And shopping centres, shopping arcades and markets may be open to the public to the extent that this is required for access to a business or service listed in paragraphs 49 to 66.

(3) A person responsible for premises authorised for the sale or supply of alcohol for consumption off the premises may not sell or supply alcohol between 10.00 p.m. and 6.00 a.m.

(4) Sub-paragraph (3) does not allow the person responsible for the premises to sell or supply alcohol in contravention of an authorisation granted or given in respect of the premises.

Commencement Information

I26 Sch. 4 para. 11 in force at 20.12.2020, see reg. 1(3)

CHAPTER 4 E+W List of closed premises

Closed premises E+W

Food and drink businesses

12.  Bars (including bars in members' clubs). E+W

Commencement Information

I27 Sch. 4 para. 12 in force at 20.12.2020, see reg. 1(3)

13.  Public houses. E+W

Commencement Information

I28 Sch. 4 para. 13 in force at 20.12.2020, see reg. 1(3)

14.  Cafes, canteens and restaurants (including workplace canteens and dining rooms in members' clubs). E+W

Holiday or travel accommodation

Commencement Information

I29 Sch. 4 para. 14 in force at 20.12.2020, see reg. 1(3)

15.  Camping sites. E+W

Commencement Information

I30 Sch. 4 para. 15 in force at 20.12.2020, see reg. 1(3)

16.  Holiday sites. E+W

Commencement Information

I31 Sch. 4 para. 16 in force at 20.12.2020, see reg. 1(3)

17.  Hotels and bed and breakfast accommodation; E+W

Commencement Information

I32 Sch. 4 para. 17 in force at 20.12.2020, see reg. 1(3)

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

Public services etc.

Commencement Information

I33 Sch. 4 para. 18 in force at 20.12.2020, see reg. 1(3)

19.  Community centres. E+W

Commencement Information

I34 Sch. 4 para. 19 in force at 20.12.2020, see reg. 1(3)

F127 20.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F127 Sch. 4 para. 20 omitted (12.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(17)(c)

21.  Libraries and archive services. E+W

Personal services etc.

Commencement Information

I35 Sch. 4 para. 21 in force at 20.12.2020, see reg. 1(3)

22.  Hair salons and barbers. E+W

Commencement Information

I36 Sch. 4 para. 22 in force at 20.12.2020, see reg. 1(3)

23.  Nail and beauty salons including tanning and electrolysis services. E+W

Commencement Information

I37 Sch. 4 para. 23 in force at 20.12.2020, see reg. 1(3)

24.  Body piercings and tattooing services. E+W

Leisure and social etc.

Commencement Information

I38 Sch. 4 para. 24 in force at 20.12.2020, see reg. 1(3)

25.  Nightclubs, discotheques, dance halls or other venues authorised for the sale or supply of alcohol where live or recorded music is provided for members of the public or members of the venue to dance. E+W

Commencement Information

I39 Sch. 4 para. 25 in force at 20.12.2020, see reg. 1(3)

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

Commencement Information

I40 Sch. 4 para. 26 in force at 20.12.2020, see reg. 1(3)

27.  Cinemas. E+W

Commencement Information

I41 Sch. 4 para. 27 in force at 20.12.2020, see reg. 1(3)

28.  Concert halls and theatres. E+W

Commencement Information

I42 Sch. 4 para. 28 in force at 20.12.2020, see reg. 1(3)

29.  Casinos. E+W

Commencement Information

I43 Sch. 4 para. 29 in force at 20.12.2020, see reg. 1(3)

30.  Bingo halls. E+W

Commencement Information

I44 Sch. 4 para. 30 in force at 20.12.2020, see reg. 1(3)

31.  Amusement arcades. E+W

Commencement Information

I45 Sch. 4 para. 31 in force at 20.12.2020, see reg. 1(3)

32.  Bowling alleys. E+W

Commencement Information

I46 Sch. 4 para. 32 in force at 20.12.2020, see reg. 1(3)

33.  Indoor play centres or areas. E+W

Commencement Information

I47 Sch. 4 para. 33 in force at 20.12.2020, see reg. 1(3)

34.  Funfairs, amusement parks and theme parks. E+W

Commencement Information

I48 Sch. 4 para. 34 in force at 20.12.2020, see reg. 1(3)

35.  Holiday, leisure activity or events businesses. E+W

Commencement Information

I49 Sch. 4 para. 35 in force at 20.12.2020, see reg. 1(3)

36.  Museums and galleries. E+W

Commencement Information

I50 Sch. 4 para. 36 in force at 20.12.2020, see reg. 1(3)

37.   [F128 Ice skating] rinks.

Textual Amendments

F128 Words in Sch. 4 para. 37 substituted (26.4.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(16)

Commencement Information

I51 Sch. 4 para. 37 in force at 20.12.2020, see reg. 1(3)

38.  Trampoline parks and centres. E+W

Commencement Information

I52 Sch. 4 para. 38 in force at 20.12.2020, see reg. 1(3)

39.  Enclosed or indoor skate parks and centres. E+W

Commencement Information

I53 Sch. 4 para. 39 in force at 20.12.2020, see reg. 1(3)

40.  Spas. E+W

Commencement Information

I54 Sch. 4 para. 40 in force at 20.12.2020, see reg. 1(3)

41.  Venues for events or conferences (including venues for weddings). E+W

Commencement Information

I55 Sch. 4 para. 41 in force at 20.12.2020, see reg. 1(3)

42.  Visitor attractions. E+W

Sports and exercise.

Commencement Information

I56 Sch. 4 para. 42 in force at 20.12.2020, see reg. 1(3)

43.  Sports or exercise facilities, including indoor fitness studios and gyms. E+W

Commencement Information

I57 Sch. 4 para. 43 in force at 20.12.2020, see reg. 1(3)

44.  Swimming pools. E+W

Commencement Information

I58 Sch. 4 para. 44 in force at 20.12.2020, see reg. 1(3)

45.  Sports courts, bowling greens, golf courses and enclosed sports grounds or pitches (whether outdoors or indoors). E+W

Retail etc.

Commencement Information

I59 Sch. 4 para. 45 in force at 20.12.2020, see reg. 1(3)

46.  Any business offering goods or services for sale or hire in retail premises. E+W

Commencement Information

I60 Sch. 4 para. 46 in force at 20.12.2020, see reg. 1(3)

47.  Shopping centres and shopping arcades. E+W

Commencement Information

I61 Sch. 4 para. 47 in force at 20.12.2020, see reg. 1(3)

48.  Estate or letting agents [F129 and developer sales offices]. E+W

Textual Amendments

F129 Words in Sch. 4 para. 48 substituted (9.1.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (Wales) Regulations 2021 (S.I. 2021/20), regs. 1(2), 8(7)

Commencement Information

I62 Sch. 4 para. 48 in force at 20.12.2020, see reg. 1(3)

Exempt premises E+W

Public services etc.

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

Commencement Information

I63 Sch. 4 para. 49 in force at 20.12.2020, see reg. 1(3)

50.  Hospital libraries and libraries at educational establishments. E+W

Commencement Information

I64 Sch. 4 para. 50 in force at 20.12.2020, see reg. 1(3)

51.  Funeral directors. E+W

Commencement Information

I65 Sch. 4 para. 51 in force at 20.12.2020, see reg. 1(3)

52.  Veterinary surgeons. E+W

Food and drink businesses

Commencement Information

I66 Sch. 4 para. 52 in force at 20.12.2020, see reg. 1(3)

53.  Cafés and canteens at a hospital, care home, school or within accommodation provided for students. E+W

Commencement Information

I67 Sch. 4 para. 53 in force at 20.12.2020, see reg. 1(3)

54.  Canteens at a prison or an establishment intended for use for naval, military or air force purposes or for the purposes of the Department of the Secretary of State responsible for defence. E+W

Retail etc.

Commencement Information

I68 Sch. 4 para. 54 in force at 20.12.2020, see reg. 1(3)

55.  Businesses offering the following goods for sale or hire in a shop— E+W

(a) food or drink for consumption off the premises (including food for pets and other domestic animals);

(b) products essential for the storage, preparation or consumption of food or drink;

(c) products for the essential upkeep, maintenance or functioning of the home or a workplace;

(d) pharmaceutical products, health and personal care products, baby products (including clothing), toiletries and cosmetics;

(e) newspapers and magazines;

(f) bicycles and products essential for the use and maintenance of bicycles,

but only for the purposes of selling or hiring those goods.

Commencement Information

I69 Sch. 4 para. 55 in force at 20.12.2020, see reg. 1(3)

56.  Food markets, convenience stores, corner shops, pet shops, off licences and petrol stations. E+W

Commencement Information

I70 Sch. 4 para. 56 in force at 20.12.2020, see reg. 1(3)

57.  Supermarkets and other shops that sell multiple types of goods but only for the purposes of— E+W

(a) selling the goods listed in paragraph 55;

(b) selling goods of a type ordinarily sold by any of the businesses listed in paragraph 56;

(c) selling other goods—

(i) where it is not reasonably practicable to separate or demarcate those areas of a shop that ordinarily displays such goods from those areas that display the goods mentioned in paragraphs (a) and (b);

(ii) on an exceptional basis where the goods are required in an emergency or on compassionate grounds.

Commencement Information

I71 Sch. 4 para. 57 in force at 20.12.2020, see reg. 1(3)

58.  Shops offering maintenance or repair services for telecommunications or information technology devices. E+W

Commencement Information

I72 Sch. 4 para. 58 in force at 20.12.2020, see reg. 1(3)

59.  Building supplies and hardware stores. E+W

Commencement Information

I73 Sch. 4 para. 59 in force at 20.12.2020, see reg. 1(3)

60.  Banks, building societies and other financial services providers. E+W

Commencement Information

I74 Sch. 4 para. 60 in force at 20.12.2020, see reg. 1(3)

61.  Post offices. E+W

Commencement Information

I75 Sch. 4 para. 61 in force at 20.12.2020, see reg. 1(3)

62.  Car repair and MOT services. E+W

Commencement Information

I76 Sch. 4 para. 62 in force at 20.12.2020, see reg. 1(3)

[F130 62A.   Automatic car washes.] E+W

Textual Amendments

F130 Sch. 4 para. 62A inserted (30.1.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/103), regs. 1(2), 2(6)(d)

63.  Livestock markets or auctions. E+W

Commencement Information

I77 Sch. 4 para. 63 in force at 20.12.2020, see reg. 1(3)

64.  Laundrettes and dry cleaners. E+W

Commencement Information

I78 Sch. 4 para. 64 in force at 20.12.2020, see reg. 1(3)

65.  Taxi or vehicle hire businesses. E+W

Commencement Information

I79 Sch. 4 para. 65 in force at 20.12.2020, see reg. 1(3)

66.  Agricultural or aquacultural supplies shops. E+W

Commencement Information

I80 Sch. 4 para. 66 in force at 20.12.2020, see reg. 1(3)

Regulation 4(8)

SCHEDULE 5 E+W [F131 Areas and temporary modifications]

Textual Amendments

F131 Sch. 5 heading substituted (27.2.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 4) Regulations 2021 (S.I. 2021/210), regs. 1(2), 2(10)

1.  This is the table referred to in regulation 4(8)— E+W

Column 1	Column 2	Column 3
	Area	Alert Level of Area
1	The whole of Wales	[F132 3]

Textual Amendments

F132 Word in Sch. 5 para. 1 Table substituted (27.3.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 6) Regulations 2021 (S.I. 2021/413), regs. 1(2), 2(5)(a)

Commencement Information

I81 Sch. 5 para. 1 in force at 20.12.2020, see reg. 1(3)

[F133 Temporary modifications E+W

2.   In relation to an Alert Level 3 area, for the period ending at the end of the day on [F134 2 May] 2021—

(a) regulation 25 is to be read as if for paragraph (3)(a)(iv) there were substituted—

“(iv) paragraph 7(1), 8(1), 9(1), 10(1) or 11(2) of Schedule 3A, or”;

(b) regulation 27 is to be read as if for paragraph (1)(d) there were substituted—

“(d) paragraph 7(1), 8(1), 9(1), 10(1) or 11(2) of Schedule 3A, or”;

(c) regulation 28 is to be read as if—

(i) in paragraph (1)(c), for “Schedule 3” there were substituted “Schedule 3A”;

(ii) for paragraph (3)(c) there were substituted—

“(c) paragraph 2(1) or 3(1) of Schedule 3A, or”;

F135 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) regulation 31(1)(b) is to be read as if for “paragraph 4 of Schedule 3” there were substituted “paragraph 5 of Schedule 3A”;

[F136 (ea) regulation 31(3) is to be read as if for “paragraph 6 of Schedule 3” there were substituted “paragraph 5A of Schedule 3A”;]

(f) regulation 37 is to be read as if—

(i) for paragraph (1)(c) there were substituted—

“(c) paragraph 1(1), 2(1) or 3(1) of Schedule 3A, or”;

(ii) in paragraph (2)(c)(iii) for “Schedule 3” there were substituted “Schedule 3A”;

F137 (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h) regulation 39 is to be read as if for paragraph (1)(c) there were substituted—

“(c) paragraph 5 of Schedule 3A, or”;

(i) regulation 42 is to be read as if for paragraph (1)(c) there were substituted—

“(c) paragraph 7(1), 8(1), 9(1), 10(1) or 11(2) of Schedule 3A, or”.]

Textual Amendments

F133 Sch. 5 para. 2 substituted (27.3.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 6) Regulations 2021 (S.I. 2021/413), regs. 1(2), 2(5)(b)

F134 Words in Sch. 5 para. 2 substituted (26.4.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(17)(a)

F135 Sch. 5 para. 2(d) omitted (12.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(18)(b)

F136 Sch. 5 para. 2(ea) inserted (26.4.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(17)(b)

F137 Sch. 5 para. 2(g) omitted (12.4.2021) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(18)(b)

Regulations 14A and 14B

[F138 SCHEDULE 5A E+W Persons exempt from the restrictions on leaving the United Kingdom, and the requirement to have a travel declaration form

Textual Amendments

F138 Sch. 5A inserted (12.4.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 7) Regulations 2021 (S.I. 2021/457), regs. 1(2), 2(19)

1.— (1) A person (“P”) who is— E+W

(a) a member of a diplomatic mission in the United Kingdom,

(b) a member of a consular post in the United Kingdom,

(c) an officer or servant of an international organisation,

(d) employed by an international organisation as an expert or on a mission,

(e) a representative to an international organisation,

(f) a representative at an international or United Kingdom conference who is granted privileges and immunities in the United Kingdom,

(g) a member of the official staff of a representative to an international organisation, or of a person falling within paragraph (f),

(h) described in paragraph (a) or (b) who is passing through the United Kingdom to commence or continue their functions at a diplomatic mission or consular post in another country or territory, or to return to the country of their nationality,

(i) a representative of a foreign country or territory travelling to the United Kingdom to conduct official business with the United Kingdom,

(j) a representative of the government of a British overseas territory,

(k) a diplomatic courier or a consular courier, or

(l) a member of the family forming part of the household of a person falling within any of paragraphs (a) to (k).

(2) For the purposes of this paragraph—

(a) “consular courier” means a person who has been provided by the State on behalf of which they are acting with an official document confirming their status as a consular courier in accordance with Article 35(5) of the Vienna Convention on Consular Relations of 1963;

(b) “consular post” means any consulate-general, consulate, vice-consulate or consular agency;

(c) “diplomatic courier” means a person who has been provided by the State on behalf of which they are acting with an official document confirming their status as a diplomatic courier in accordance with Article 27(5) of the Vienna Convention on Diplomatic Relations of 1961;

(d) “international organisation” means an international organisation accorded privileges and immunities in the United Kingdom;

(e) “member of a consular post” means a “consular officer”, “consular employee” and “member of the service staff” as defined in Schedule 1 to the Consular Relations Act 1968, and “head of consular post” has the meaning given in that Schedule;

(f) “member of a diplomatic mission” means the “head of the mission”, “members of the diplomatic staff”, “members of the administrative and technical staff” and “members of the service staff” as defined in Schedule 1 to the Diplomatic Privileges Act 1964.

2.— (1) A Crown servant or government contractor where they are undertaking essential government work related to the United Kingdom border outside of the United Kingdom. E+W

(2) For the purposes of sub-paragraph (1) and paragraph 3—

(a) “Crown servant” has the meaning given in section 12(1)(a) to (e) of the Official Secrets Act 1989;

(b) “essential government work” means work which has been designated as such by the relevant Department or employer;

(c) “government contractor” has the meaning given in section 12(2) of the Official Secrets Act 1989.

3.— (1) A person who is a Crown servant, a government contractor, or a member of a visiting force, who— E+W

(a) is required to undertake work necessary to the delivery of essential defence activities;

(b) is travelling on a vessel or aircraft operated by, or in support of, Her Majesty’s armed forces or by, or in support of, a visiting force.

(2) For the purposes of sub-paragraph (1)—

(a) “defence” has the meaning given in section 2(4) of the Official Secrets Act 1989;

(b) “visiting force” means any body, contingent or detachment of the forces of a country, being a body, contingent or detachment for the time being present in the United Kingdom (including United Kingdom territorial waters), on the invitation of her Majesty’s Government for the United Kingdom.

4.   An official of a foreign Government, who came to the United Kingdom to undertake essential border security duties, or a contractor directly supporting these essential border security duties. E+W

5.— (1) A transit passenger. E+W

(2) For the purposes of sub-paragraph (1), “transit passenger” means a person who, on arrival in the United Kingdom—

(a) passes through to another country or territory outside the common travel area without entering the United Kingdom, or

(b) enters the United Kingdom for the sole purpose of continuing a journey to a country or territory outside the common travel area and—

(i) remains within their port of entry until their departure from Wales, or

(ii) travels directly from their port of entry to another port of departure in Wales.

6.— (1) A road haulage worker or a road passenger transport worker. E+W

(2) For the purposes of this paragraph—

(a) “driver” includes a person who is travelling in a vehicle as a relief driver;

(b) “goods vehicle” has the meaning given in section 192 of the Road Traffic Act 1988;

(c) “road haulage worker” means—

(i) the driver of a goods vehicle that is being used in connection with the carriage of goods, other than goods for non-commercial personal use by the driver, or

(ii) a person who is employed by the holder of a Community licence issued under Article 4 of Regulation (EC) No 1072/2009 of the European Parliament and of the Council, and who is acting in the course of their employment;

(d) “public service vehicle” has the meaning given in section 1 of the Public Passenger Vehicles Act 1981;

(e) “road passenger transport worker” means—

(i) the driver of a public service vehicle, or

(ii) a person who is employed by the holder of a Community licence issued under Article 4 of Regulation (EC) No 1073/2009 of the European Parliament and of the Council, and who is acting in the course of their employment.

7.— (1) Seamen and masters, as defined in section 313(1) of the Merchant Shipping Act 1995, where they are travelling from the United Kingdom in the course of their work or are being repatriated from the United Kingdom in accordance with the Maritime Labour Convention, 2006 or the Work in Fishing Convention, 2007. E+W

(2) For the purposes of sub-paragraph (1)—

(a) “the Maritime Labour Convention, 2006” means the Convention adopted on 23 February 2006 by the General Conference of the International Labour Organisation;

(b) “the Work in Fishing Convention, 2007” means the Convention adopted at Geneva on 14 June 2007 by the International Labour Organisation.

8.   A pilot, as defined in paragraph 22(1) of Schedule 3A to the Merchant Shipping Act 1995, where they are travelling from the United Kingdom in the course of their work or are being repatriated from the United Kingdom. E+W

9.   An inspector, or a surveyor of ships, appointed under section 256 of the Merchant Shipping Act 1995, or by a government of a relevant British possession as defined in section 313(1) of that Act, where they are travelling from the United Kingdom in the course of their work. E+W

10.— (1) A member of aircraft crew where they are travelling from the United Kingdom in the course of their work or are otherwise required to travel from the United Kingdom for work purposes. E+W

(2) In sub-paragraph (1)—

(a) “member of aircraft crew” means a person who—

(i) acts as a pilot, flight navigator, flight engineer or flight radiotelephony operator of the aircraft,

(ii) is carried on the flight deck and is appointed by the operator of the aircraft to give or to supervise the training, experience, practice and periodical tests required for the flight crew under article 114(2) of the Air Navigation Order 2016 or under Annex III or Annex VI of the EASA Air Operations Regulation, or

(iii) is carried on the flight for the purpose of performing duties to be assigned by the operator or the pilot in command of the aircraft in the interests of the safety of passengers or of the aircraft;

(b) “EASA Air Operations Regulation” has the meaning given in paragraph 1 of Schedule 1 to the Air Navigation Order 2016.

11.   Civil aviation inspectors, as defined in Annex 9 to the Convention on International Civil Aviation signed at Chicago on 7 December 1944, where they are travelling from the United Kingdom when engaged on inspection duties. E+W

12.— (1) Any of the following who are travelling from the United Kingdom in the course of their work— E+W

(a) drivers and crews on shuttle services and on services for the carriage of passengers or goods by way of the tunnel system;

(b) operational, rail maintenance, safety and security workers working on the tunnel system;

(c) other workers carrying out essential roles for the safe or efficient operation of the tunnel system, shuttle services or services for the carriage of passengers or goods by way of the tunnel system, or relating to the security of the tunnel system or any such services.

(2) For the purposes of sub-paragraph (1)—

(a) “shuttle service” has the meaning given in section 1(9) of the Channel Tunnel Act 1987;

(b) “tunnel system” has the meaning given in section 1(7) of that Act.

13.   A person designated by the relevant Minister under section 5(3) of the Repatriation of Prisoners Act 1984. E+W

14.   A person being removed from the United Kingdom pursuant to a warrant issued under section 1 of the Repatriation of Prisoners Act 1984. E+W

15.   A person responsible for escorting a person sought for extradition pursuant to a warrant issued under Part 3 of the Extradition Act 2003 or sought for extradition pursuant to any other extradition arrangements. E+W

16.   A representative of any territory who travelled to the United Kingdom in order to take into custody a person whose surrender has been ordered pursuant to any provision of the Extradition Act 2003. E+W

17.   A person who is being extradited or deported from the United Kingdom, and any person who is being removed from, or voluntarily departing from, the United Kingdom, because they do not have leave to enter or remain in the United Kingdom. E+W

18.— (1) A specialist aerospace engineer, or a specialist aerospace worker, where they are travelling from the United Kingdom in the course of their work. E+W

(2) For the purposes of sub-paragraph (1)—

(a) “specialist aerospace engineer” means a person who is employed or otherwise engaged to provide engineering services for the purpose of ensuring the continued operation of aviation activities (including but not limited to the provision of maintenance and repair services for production lines, aviation components, grounded aircraft and new aircraft);

(b) “specialist aerospace worker” means a person who is employed or otherwise engaged to provide services for the purpose of ensuring safety management and quality assurance as required by relevant standards, guidance and publications on aviation safety produced by the Civil Aviation Authority or the European Union Aviation Safety Agency.]

Regulation 4(7)

F139 SCHEDULE 6 E+W Temporary modifications for Christmas: extended households and travel

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F139 Sch. 6 omitted (9.1.2021 at 4.00 a.m.) by virtue of The Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (Wales) Regulations 2021 (S.I. 2021/20), regs. 1(2), 8(8)

Regulation 15

SCHEDULE 7 E+W Regulated premises

Food and drink businesses

Commencement Information

I82 Sch. 7 para. wrapper3n2 in force at 20.12.2020, see reg. 1(3)

1.  Bars (including bars in members' clubs). E+W

Commencement Information

I83 Sch. 7 para. 1 in force at 20.12.2020, see reg. 1(3)

2.  Public houses. E+W

Commencement Information

I84 Sch. 7 para. 2 in force at 20.12.2020, see reg. 1(3)

3.  Cafes, canteens and restaurants (including workplace canteens and dining rooms in members' clubs). E+W

Holiday and travel accommodation

Commencement Information

I85 Sch. 7 para. 3 in force at 20.12.2020, see reg. 1(3)

4.  Camping sites. E+W

Commencement Information

I86 Sch. 7 para. 4 in force at 20.12.2020, see reg. 1(3)

5.  Holiday sites. E+W

Commencement Information

I87 Sch. 7 para. 5 in force at 20.12.2020, see reg. 1(3)

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

Commencement Information

I88 Sch. 7 para. 6 in force at 20.12.2020, see reg. 1(3)

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

Public services etc.

Commencement Information

I89 Sch. 7 para. 7 in force at 20.12.2020, see reg. 1(3)

8.  Medical or health services. E+W

Commencement Information

I90 Sch. 7 para. 8 in force at 20.12.2020, see reg. 1(3)

9.  Recycling and waste centres. E+W

Commencement Information

I91 Sch. 7 para. 9 in force at 20.12.2020, see reg. 1(3)

10.  Community centres. E+W

Commencement Information

I92 Sch. 7 para. 10 in force at 20.12.2020, see reg. 1(3)

11.  Libraries and archive services. E+W

Commencement Information

I93 Sch. 7 para. 11 in force at 20.12.2020, see reg. 1(3)

12.  Places of worship. E+W

Commencement Information

I94 Sch. 7 para. 12 in force at 20.12.2020, see reg. 1(3)

13.  Funeral directors. E+W

Commencement Information

I95 Sch. 7 para. 13 in force at 20.12.2020, see reg. 1(3)

14.  Crematoriums. E+W

Commencement Information

I96 Sch. 7 para. 14 in force at 20.12.2020, see reg. 1(3)

15.  Veterinary surgeons. E+W

Personal services etc.

Commencement Information

I97 Sch. 7 para. 15 in force at 20.12.2020, see reg. 1(3)

16.  Hair salons and barbers. E+W

Commencement Information

I98 Sch. 7 para. 16 in force at 20.12.2020, see reg. 1(3)

17.  Nail and beauty salons including tanning and electrolysis services. E+W

Commencement Information

I99 Sch. 7 para. 17 in force at 20.12.2020, see reg. 1(3)

18.  Body piercings and tattooing services. E+W

Leisure and social etc.

Commencement Information

I100 Sch. 7 para. 18 in force at 20.12.2020, see reg. 1(3)

19.  Cinemas. E+W

Commencement Information

I101 Sch. 7 para. 19 in force at 20.12.2020, see reg. 1(3)

20.  Concert halls and theatres. E+W

Commencement Information

I102 Sch. 7 para. 20 in force at 20.12.2020, see reg. 1(3)

21.  Casinos. E+W

Commencement Information

I103 Sch. 7 para. 21 in force at 20.12.2020, see reg. 1(3)

22.  Bingo halls. E+W

Commencement Information

I104 Sch. 7 para. 22 in force at 20.12.2020, see reg. 1(3)

23.  Amusement arcades. E+W

Commencement Information

I105 Sch. 7 para. 23 in force at 20.12.2020, see reg. 1(3)

24.  Bowling alleys. E+W

Commencement Information

I106 Sch. 7 para. 24 in force at 20.12.2020, see reg. 1(3)

25.  Indoor play centres or areas. E+W

Commencement Information

I107 Sch. 7 para. 25 in force at 20.12.2020, see reg. 1(3)

26.  Playgrounds. E+W

Commencement Information

I108 Sch. 7 para. 26 in force at 20.12.2020, see reg. 1(3)

27.  Funfairs, amusement parks and theme parks. E+W

Commencement Information

I109 Sch. 7 para. 27 in force at 20.12.2020, see reg. 1(3)

28.  Holiday, leisure activity or events businesses. E+W

Commencement Information

I110 Sch. 7 para. 28 in force at 20.12.2020, see reg. 1(3)

29.  Museums and galleries. E+W

Commencement Information

I111 Sch. 7 para. 29 in force at 20.12.2020, see reg. 1(3)

30.   [F140 Ice skating] rinks.

Textual Amendments

F140 Words in Sch. 7 para. 30 substituted (26.4.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(18)

Commencement Information

I112 Sch. 7 para. 30 in force at 20.12.2020, see reg. 1(3)

31.  Trampoline parks and centres. E+W

Commencement Information

I113 Sch. 7 para. 31 in force at 20.12.2020, see reg. 1(3)

32.  Indoor skate parks and centres. E+W

Commencement Information

I114 Sch. 7 para. 32 in force at 20.12.2020, see reg. 1(3)

33.  Spas. E+W

Commencement Information

I115 Sch. 7 para. 33 in force at 20.12.2020, see reg. 1(3)

34.  Venues for events or conferences (including venues for weddings). E+W

Commencement Information

I116 Sch. 7 para. 34 in force at 20.12.2020, see reg. 1(3)

35.  Visitor attractions. E+W

Sports and exercise

Commencement Information

I117 Sch. 7 para. 35 in force at 20.12.2020, see reg. 1(3)

36.  Sports or exercise facilities, including indoor fitness studios and gyms. E+W

Commencement Information

I118 Sch. 7 para. 36 in force at 20.12.2020, see reg. 1(3)

37.  Swimming pools. E+W

Commencement Information

I119 Sch. 7 para. 37 in force at 20.12.2020, see reg. 1(3)

38.  Sports courts, bowling greens, golf courses and enclosed sports grounds or pitches (whether outdoors or indoors). E+W

Retail etc.

Commencement Information

I120 Sch. 7 para. 38 in force at 20.12.2020, see reg. 1(3)

39.  Any business offering goods or services for sale or hire in retail premises, including— E+W

(a) auction houses;

(b) car dealerships;

(c) markets;

(d) betting shops;

(e) garden centres and plant nurseries;

(f) pharmacies (including non-dispensing pharmacies) and chemists;

(g) banks, building societies and other financial services providers;

(h) post offices;

(i) car repair and MOT services;

(j) livestock markets or auctions;

(k) laundrettes and dry cleaners;

(l) petrol stations;

(m) taxi or vehicle hire businesses.

Commencement Information

I121 Sch. 7 para. 39 in force at 20.12.2020, see reg. 1(3)

40.  Shopping centres and shopping arcades. E+W

Commencement Information

I122 Sch. 7 para. 40 in force at 20.12.2020, see reg. 1(3)

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

Commencement Information

I123 Sch. 7 para. 41 in force at 20.12.2020, see reg. 1(3)

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

Commencement Information

I124 Sch. 7 para. 42 in force at 20.12.2020, see reg. 1(3)

Regulation 26

SCHEDULE 8 E+W Enforcement of requirement to take preventative measures on regulated premises

Premises improvement notice E+W

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

(a) the person is not complying with the obligations imposed on the person by regulation 16 [F141 , 17 or 17A], 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 16 [F142 , 17 or 17A];

(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.

(3) In this Schedule, “responsible person” has the meaning given by regulation 15(2).

Textual Amendments

F141 Words in Sch. 8 para. 1(1)(a) substituted (20.1.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) Regulations 2021 (S.I. 2021/57), regs. 1(2), 2(12)(a)(i)

F142 Words in Sch. 8 para. 1(2)(b) substituted (20.1.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) Regulations 2021 (S.I. 2021/57), regs. 1(2), 2(12)(a)(ii)

Commencement Information

I125 Sch. 8 para. 1 in force at 20.12.2020, see reg. 1(3)

Premises closure notice E+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 responsible person 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 16 [F143 , 17 or 17A], 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 16 [F144 , 17 or 17A],

(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 16 [F145 , 17 or 17A],

(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 672 hours (28 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.

(8) Where—

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

(b) either—

(i) a fixed penalty notice has been issued, or

(ii) proceedings have been brought for an offence,

in relation to that failure,

the enforcement officer may nevertheless issue a premises closure notice under sub-paragraph (1).

Textual Amendments

F143 Words in Sch. 8 para. 2(3)(a) substituted (20.1.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) Regulations 2021 (S.I. 2021/57), regs. 1(2), 2(12)(b)(i)

F144 Words in Sch. 8 para. 2(4)(b)(ii) substituted (20.1.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) Regulations 2021 (S.I. 2021/57), regs. 1(2), 2(12)(b)(ii)

F145 Words in Sch. 8 para. 2(4)(c) substituted (20.1.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) Regulations 2021 (S.I. 2021/57), regs. 1(2), 2(12)(b)(iii)

Commencement Information

I126 Sch. 8 para. 2 in force at 20.12.2020, see reg. 1(3)

Effect of premises closure notice E+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 16 and, where relevant, regulation 17 [F146 or 17A] 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.

Textual Amendments

F146 Words in Sch. 8 para. 3(3)(c) inserted (20.1.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) Regulations 2021 (S.I. 2021/57), regs. 1(2), 2(12)(c)

Commencement Information

I127 Sch. 8 para. 3 in force at 20.12.2020, see reg. 1(3)

Termination of premises improvement or closure notice E+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 16 and, where relevant, regulation 17 [F147 or 17A] 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.

Textual Amendments

F147 Words in Sch. 8 para. 4(1)(b) inserted (20.1.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) Regulations 2021 (S.I. 2021/57), regs. 1(2), 2(12)(d)

Commencement Information

I128 Sch. 8 para. 4 in force at 20.12.2020, see reg. 1(3)

Appeals E+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 pay 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.

Commencement Information

I129 Sch. 8 para. 5 in force at 20.12.2020, see reg. 1(3)

Issuing premises improvement and closure notices and terminations E+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.

Commencement Information

I130 Sch. 8 para. 6 in force at 20.12.2020, see reg. 1(3)

Publicising premises improvement and closure notices E+W

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

[F148 (2) As soon as reasonably practicable after issuing the notice, the enforcement officer must—

(a) display in a prominent place near every entrance to the premises—

(i) a copy of the notice, or information about where the notice can be found, and

(ii) a sign in the form set out in Schedule 9;

(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 F149 ... sign displayed under sub-paragraph (2)(a) must be at least A4 size.

[F150 (4) The following must continue to be displayed or published (as the case may be) in accordance with sub-paragraph (2) for as long as the notice has effect—

(a) the copy of the notice or the information about where the notice can be found;

(b) the sign.]

Textual Amendments

F148 Sch. 8 para. 7(2) substituted (26.4.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(19)(a)

F149 Words in Sch. 8 para. 7(3) omitted (26.4.2021 immediately before the start of the day) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(19)(b)

F150 Sch. 8 para. 7(4) substituted (26.4.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(19)(c)

Commencement Information

I131 Sch. 8 para. 7 in force at 20.12.2020, see reg. 1(3)

Production of documents etc. E+W

8.—(1) An enforcement officer may, to facilitate the exercise of a power conferred on the officer by this Schedule, require the production of, inspect and take copies of, any documents or electronic records.

(2) A person may not be required under sub-paragraph (1) to provide a document, record or other information in respect of which a claim for legal professional privilege could be maintained in legal proceedings.

Commencement Information

I132 Sch. 8 para. 8 in force at 20.12.2020, see reg. 1(3)

Regulation 26

SCHEDULE 9 E+W Form of sign to accompany premises improvement notice or premises closure notice

Sign to be displayed with premises improvement notice E+W

1.— [F151 (1) A sign to be displayed under paragraph 7(2)(a)(ii) in conjunction with the issue of a premises improvement notice 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.

Textual Amendments

F151 Sch. 9 para. 1(1) substituted (26.4.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(20)(a)

Commencement Information

I133 Sch. 9 para. 1 in force at 20.12.2020, see reg. 1(3)

Sign to be displayed with premises closure notice E+W

2.— [F152 (1) A sign to be displayed under paragraph 7(2)(a)(ii) in conjunction with the issue of a premises closure notice 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.

Textual Amendments

F152 Sch. 9 para. 2(1) substituted (26.4.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 8) Regulations 2021 (S.I. 2021/502), regs. 1(2), 2(20)(b)

Commencement Information

I134 Sch. 9 para. 2 in force at 20.12.2020, see reg. 1(3)