The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 12) Regulations 2021

Welsh Statutory Instruments

2021 No. 686 (W. 172)

Public Health, Wales

The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 12) Regulations 2021

Approved by Senedd Cymru

Made

at 3.35 p.m. on 8 June 2021

Laid before Senedd Cymru

at 5.45 p.m. on 8 June 2021

Coming into force

at 6.00 p.m. on 8 June 2021

The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 45C(1) and (3)(c), 45F(2) and 45P(2) of the Public Health (Control of Disease) Act 1984(1).

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

The Welsh Ministers consider that restrictions and requirements imposed by these Regulations are proportionate to what they seek to achieve, which is a public health response to that threat.

In accordance with section 45R of that Act the Welsh Ministers are of the opinion that, by reason of urgency, it is necessary to make this instrument without a draft having been laid before, and approved by a resolution of, Senedd Cymru.

Title and coming into force

1.—(1) The title of these Regulations is the Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 12) Regulations 2021.

(2) These Regulations come into force at 6.00 p.m. on 8 June 2021.

Amendment to the Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020

2.—(1) The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020(2) are amended as follows.

(2) In Schedule 1, paragraph 4—

(a) in sub-paragraph (2)(e), for “of no more than 30 people at regulated premises not counting persons under the age of 11 or persons working at the premises” substitute “at regulated premises where no more than 30 people are in attendance”;

(b) in sub-paragraph (2)(f)(i), omit “, not counting persons under the age of 11 or persons working, or providing voluntary services, at the gathering,”;

(c) after sub-paragraph (2)(g) insert—

“(h) an event that is held to any extent indoors at regulated premises and at which—

(i) no more than 6 people are in attendance, or

(ii) all of the people in attendance are members of the same household or, if the regulated premises are holiday or travel accommodation, the same extended household;

(i) an event that is held outdoors at regulated premises (other than at holiday or travel accommodation) and at which—

(i) no more than 30 people are in attendance, or

(ii) all of the people in attendance are members of the same household;

(j) an event that is held outdoors at premises that are not regulated premises or outdoors at holiday or travel accommodation and at which—

(i) no more than 30 people are in attendance, or

(ii) all of the people in attendance are members of the same household or extended household.”;

(d) after sub-paragraph (2) insert—

“(2A) In determining, for the purposes of sub-paragraph (2), the number of persons in attendance at an event, no account is to be taken of—

(a) any children under the age of 11,

(b) the carer of any person in attendance, or

(c) any person working, or providing voluntary services, at the event.”

Mark Drakeford

First Minister, one of the Welsh Ministers

At 3.35 p.m. on 8 June 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”).

The amendment clarifies the effect of the prohibition on organising events in paragraph 4 of Schedule 1 to the principal Regulations.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has not been prepared as to the likely cost and benefit of complying with these Regulations.

(1)

1984 c. 22. Sections 45C, 45F and 45P were inserted by section 129 of the Health and Social Care Act 2008 (c. 14). The functions under these sections are conferred on “the appropriate Minister”. Under section 45T(6) of the 1984 Act the appropriate Minister, as respects Wales, is the Welsh Ministers.

(2)

S.I. 2020/1609 (W. 335) as amended by S.I. 2020/1610 (W. 336), S.I. 2020/1623 (W. 340), S.I. 2020/1645 (W. 345), S.I. 2021/20 (W. 7), S.I. 2021/46 (W. 10), S.I. 2021/57 (W. 13), S.I. 2021/66 (W. 15), S.I. 2021/95 (W. 26), S.I. 2021/103 (W. 28), S.I. 2021/172 (W. 40), S.I. 2021/210 (W. 52), S.I. 2021/307 (W. 79), S.I. 2021/413 (W. 133), S.I. 2021/502 (W. 150), S.I. 2021/542 (W. 154), S.I. 2021/583 (W. 160) and S.I. 2021/668 (W. 169).