The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 22) Regulations 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

Part 2A of the Public Health (Control of Disease) Act 1984 enables the Welsh Ministers, by regulations, to make provision for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection or contamination in Wales.

These Regulations are made in response to the serious and imminent threat to public health which is posed by the incidence and spread of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) in Wales.

These Regulations amend the Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020 (S.I. 2020/1609 (W. 335)) (“the principal Regulations”). There are three changes.

The first changes eligibility for being present in certain premises under regulation 16A (commonly known as a “COVID pass”) to exclude natural immunity (a positive result from a polymerase chain reaction test taken by the person no more than 180 days and no less than 10 days before entering premises). This means that passes are only generally available to those who are vaccinated or have a negative result from a qualifying test taken within 48 hours of entering the premises.

The second makes it clear that, in relation to the (existing) requirement to wear a face covering in indoor public areas, the auditorium of a theatre, cinema or concert hall and the viewing area of an indoor arena or stadium are not to be treated as premises where food or drink is sold or provided for consumption on the premises. This means face coverings must be worn in these areas unless one of the exemptions in regulation 20(2) of the principal Regulations applies.

The third amends the definition of an indoor public area to include a car that is being used for a paid driving lesson or a driving test.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. In accordance with the Code, a regulatory impact assessment as to the likely cost and benefit of complying with these Regulations has not been carried out, due to the need to put them in place urgently to deal with a serious and imminent threat to public health.