The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 10) (Rhondda Cynon Taf) Regulations 2020

Welsh Statutory Instruments

2020 No. 1007 (W. 224)

Public Health, Wales

The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 10) (Rhondda Cynon Taf) Regulations 2020

Approved by Senedd Cymru

Made

at 1.04 p.m. on 17 September 2020

Laid before Senedd Cymru

at 4.45 p.m. on 17 September 2020

Coming into force

at 6.00 p.m. on 17 September 2020

The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 45C(1) and (3)(c), 45F(2) and 45P 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 the amendments made 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.  The title of these Regulations is the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 10) (Rhondda Cynon Taf) Regulations 2020 and they come into force at 6.00 p.m. on 17 September 2020.

Amendment of the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020

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

(2) In regulation 14(2)—

(a) in sub-paragraph (a), after “obtain” insert “or provide”;

(b) omit sub-paragraph (d).

(3) In regulation 14C—

(a) in the heading, for “area” substitute “areas”;

(b) in the regulation—

(i) for “a local health protection area” substitute “local health protection areas”;

(ii) for “that area” substitute “those areas”.

(4) In regulation 17—

(a) in paragraph (1)—

(i) in sub-paragraph (c), for “paragraphs (2) and (3)” substitute “paragraph (2)”;

(ii) in sub-paragraph (d), for “paragraphs (2) and (3)” substitute “paragraph (2)”;

(b) in paragraph (2), after “12(2)” insert “, or paragraph 7 of Schedule 4A,”.

(5) In regulation 18(6A), in the Welsh language text, omit “neu” in the first place it occurs.

(6) In regulation 20(1)(a), for “paragraph 5(1) of Schedule 4A” substitute “paragraphs 5(1) or 7(1) of Schedule 4A”.

(7) In Schedule 4A—

(a) for paragraph 1 substitute—

“PART 1 Local health protection areas

Local health protection areas

1.   For the purposes of these Regulations, the following areas are local health protection areas—

(a) Caerphilly County Borough;

(b) Rhondda Cynon Taf County Borough.

PART 2

Restrictions applying in respect of each local health protection area”

(b) at the end of the Schedule insert—

“PART 3 Restrictions applying only in respect of Rhondda Cynon Taf County Borough

7.— (1) A person responsible for licensed premises in Rhondda Cynon Taf County Borough authorised to sell or supply alcohol for consumption on the premises—

(a) must close the premises at or before 11.00 p.m. each day, and

(b) may not open the premises before 6.00 a.m. each day.

(2) Sub-paragraph (1) does not allow the licensed premises to be open in contravention of an authorisation granted or given in respect of the premises.

(3) In this paragraph—

(a) “licensed premises” are premises in respect of which an authorisation has been granted or given for the sale or supply of alcohol;

(b) “authorisation” has the meaning given by section 136(5) of the Licensing Act 2003(3).”

Mark Drakeford

First Minister, one of the Welsh Ministers

At 1.04 p.m. on 17 September 2020

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. 2) (Wales) Regulations 2020 (the “principal Regulations”). The amendments—

(a) designate Rhondda Cynon Taf County Borough as a local health protection area that is subject to specific restrictions and requirements;

(b) make minor amendments, including amendments to the provisions on the reasonable excuse to gather indoors and to enter or leave a local health protection area, intended to clarify that donating blood and similar procedures fall within the reasonable excuse that exists to obtain or provide medical assistance, which itself includes accessing health services.

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. 2020/725 (W. 162), as amended by the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) Regulations 2020 (S.I. 2020/752 (W. 169)), the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/803 (W. 176)), the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/820 (W. 180)), the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 4) Regulations 2020 (S.I. 2020/843 (W. 186)), the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 5) Regulations 2020 (S.I. 2020/867 (W. 189)), the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 6) Regulations 2020 (S.I. 2020/884 (W. 195)), the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 7) Regulations 2020 (S.I. 2020/912 (W. 204)), the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 8) (Caerphilly) Regulations 2020 (S.I. 2020/961 (W. 215)) and the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 9) Regulations 2020 (S.I. 2020/985 (W. 222)) .

(3)

2003 c. 17.