The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 15) Regulations 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(1) are amended as follows.

(2) In regulation 3, for “27 August” insert “26 November”.

(3) After regulation 4(6) insert—

“(6ZA) But Schedule 5 may provide that none of Schedules 1 to 4 apply to an area by specifying that no alert level applies to the area.”

(4) In regulation 5(2), for “regulations 6 and 8” substitute “regulation 6”.

(5) Omit regulation 9.

(6) In regulation 10—

(a) in paragraph (1), for “, 8(2) or 9(2)” substitute “or 8(2)”;

(b) in paragraph (3), for “, 8(2) and 9(2)” substitute “and 8(2)”;

(c) after paragraph (4) insert—

“(5) Regulation 8(2) does not apply to a person who—

(a) has completed a course of doses of an authorised vaccine, and—

(i) that course of doses was administered to the person in the United Kingdom,

(ii) the day on which the person had the close contact which resulted in the notification described in regulation 8(1) is more than 14 days after the day on which the person completed that course of doses, and

(b) if requested to do so by the contact tracer who gave the notification described in regulation 8(1), provides evidence that they have completed the course of doses of an authorised vaccine in accordance with sub-paragraph (a).

(6) Regulation 8(2) does not apply to a person who—

(a) has participated in, or is participating in, a clinical trial of a vaccine for vaccination against coronavirus carried out in the United Kingdom in accordance with the requirements of the Medicines for Human Use (Clinical Trials) Regulations 2004(2), and

(b) if requested to do so by the contact tracer who gave the notification described in regulation 8(1), provides evidence that they have participated in, or are participating in, a clinical trial in accordance with sub-paragraph (a).

(7) For the purposes of paragraph (5), a person has completed a course of doses if that person has received the complete course of doses specified—

(a) in the summary of product characteristics approved as part of the marketing authorisation for the authorised vaccine, or

(b) in the instructions for usage approved as part of the authorisation by the licensing authority on a temporary basis under regulation 174 of the Human Medicines Regulations 2012(3) for the authorised vaccine.

(8) In this regulation—

(a) “authorised vaccine” means a medicinal product—

(i) authorised for supply in the United Kingdom in accordance with a marketing authorisation, or

(ii) authorised by the licensing authority on a temporary basis under regulation 174 of the Human Medicines Regulations 2012,

for vaccination against coronavirus;

(b) “clinical trial” has the meaning given in regulation 2(1) of the Medicines for Human Use (Clinical Trials) Regulations 2004;

(c) “the licensing authority” has the meaning given in regulation 6(2) of the Human Medicines Regulations 2012;

(d) “marketing authorisation” has the meaning given in regulation 8(1) of the Human Medicines Regulations 2012;

(e) “medicinal product” has the meaning given in regulation 2 of the Human Medicines Regulations 2012.”

(7) After regulation 10 insert—

“Transitional provision: isolation requirements

10A.   Where—

(a) a person—

(i) satisfies the conditions in regulation 10(5) or (6), or is a child, and

(ii) is required to not leave or be outside of the place where the person is living by virtue of regulation 8(2) or 9(2) immediately before 7 August 2021, and

(b) the last day of the person’s isolation (as determined in accordance with regulation 8(4) or (5) or regulation 9(4) or (5)) is 7 August 2021 or later,

the requirement to not leave or be outside of the place where the person is living comes to an end at the beginning of 7 August 2021.”

(8) In regulation 11—

(a) in paragraph (1)(a), omit “or 9(2)”;

(b) in paragraph (5)(b), omit “or 9 as the case may be”;

(c) omit paragraph (6).

(9) In regulation 12, omit “or 9(2)”.

(10) In regulation 13(1)(a), for “, 8(1) or 9(1)” substitute “or 8(1)”.

(11) In regulation 14—

(a) in paragraph (2)(a), in the words before paragraph (i), for “, 8(2) or 9(2)” substitute “or 8(2)”;

(b) in paragraph (2)(a)(ii), for “, 8(1) or 9(1)” substitute “or 8(1)”;

(c) in paragraph (2)(a)(iii), for “, 8 or 9” substitute “or 8”.

(12) In regulation 16—

(a) in paragraph (1)—

(i) omit—

• “Take all reasonable measures to ensure—

  (a)

  that a distance of 2 metres is maintained between any persons indoors on the premises, except between members of a permitted group;

  (b)

  where persons are required to wait indoors to enter the premises, that a distance of 2 metres is maintained between them, except between members of a permitted group.

• Step 4”;

(ii) under the “Step 2” heading, omit “and Step 4”.

(b) omit paragraph (2);

(c) in paragraph (5)(a), for “regulations 16, 17 and 17A” substitute “regulation 16”;

(d) omit paragraph (6).

(13) Omit regulations 17 and 17A.

(14) In regulation 18(1), omit “, 17(1) or 17A”.

(15) In regulation 19—

(a) in paragraph (1), for “on” substitute “in an indoor part of”;

(b) omit paragraph (3)(c)(i), including the “or” at the end.

(16) In regulation 20—

(a) in paragraph (1), after “access” insert “, other than premises where food or drink is sold, or otherwise provided, for consumption on the premises”;

(b) omit paragraph (3)(h);

(c) after paragraph (3) insert—

“(4) For the purposes of paragraph (1), where—

(a) a business (“business A”) sells, or otherwise provides, food or drink for consumption on the business premises,

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

(c) business B also carries on its business on the premises, but does not sell, or otherwise provide, food or drink for consumption on those premises,

P is to be treated as being in premises where food or drink is sold, or otherwise provided, for consumption on the premises only where P is in the part of the premises at which business A carries on its business.”

(17) In regulation 25(3)(a)(i), omit “, 17(1) or 17A”.

(18) In regulation 26, omit “, 17(1) and 17A”.

(19) In regulation 30, in the words before sub-paragraph (a), for “, 8(2) or 9(2)” substitute “or 8(2)”.

(20) In regulation 40—

(a) in paragraph (1)—

(i) in sub-paragraph (a), omit “, 9(2)”;

(ii) in sub-paragraph (b), for “, 8(3) or 9(3)” substitute “or 8(3)”;

(b) in paragraph (2)(a), for “, 8(3) or 9(3)” substitute “or 8(3)”.

(21) In regulation 57(5), after sub-paragraph (a) insert—

“(aa) a vehicle, or a part of a vehicle, is indoors if it is enclosed within the meaning given by that regulation;”.

(22) In Schedule 1, paragraph 5(4A), for “regulations 16, 17 and 17A” substitute “regulation 16”.

(23) In Schedule 2, paragraph 5(4A), for “regulations 16, 17 and 17A” substitute “regulation 16”.

(24) In Schedule 3, paragraph 6(4A), for “regulations 16, 17 and 17A” substitute “regulation 16”.

(25) In Schedule 5, in Column 3, for “1” substitute “No alert level”.

(26) In Schedule 8—

(a) in paragraph 1—

(i) in sub-paragraph (1)(a), omit “, 17 or 17A”;

(ii) in sub-paragraph (2)(b), omit “, 17 or 17A”;

(b) in paragraph 2—

(i) in sub-paragraph (3)(a), omit “, 17 or 17A”;

(ii) in sub-paragraph (4)(b)(ii), omit “, 17 or 17A”;

(iii) in sub-paragraph (4)(c), omit “, 17 or 17A”;

(c) in paragraph 3(3)(c), omit “and, where relevant, regulation 17 or 17A”;

(d) in paragraph 4(1)(b), omit “and, where relevant, regulation 17 or 17A”.

(1)

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), S.I. 2021/668 (W. 169), S.I. 2021/686 (W. 172), S.I. 2021/722 (W. 183) and S.I. 2021/862 (W. 201).

(2)

S.I. 2004/1031 as amended by section 116 of the Care Act 2014 (c. 23) and by S.I. 2004/3224, S.I. 2005/2754, S.I. 2005/2759, S.I. 2006/562, S.I. 2006/1928, S.I. 2006/2984, S.I. 2007/289, S.I. 2007/3101, S.I. 2008/941, S.I. 2010/231, S.I. 2010/551, S.I. 2010/1882, S.I. 2011/2581, S.I. 2012/134, S.I. 2012/504, S.I. 2012/1641, S.I. 2012/1916, S.I. 2013/532, S.I. 2016/190, S.I. 2016/696, S.I. 2019/593, S.I. 2019/744, S.I. 2019/1094 and S.I. 2020/1488.

(3)

S.I. 2012/1916.