The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 19) Regulations 2020

Regulations made by the Welsh Ministers, laid before Senedd Cymru under section 45R of the Public Health (Control of Disease) Act 1984 (c. 22), for approval by resolution of Senedd Cymru within twenty-eight days beginning with the day on which the instrument is made, subject to extension for periods of dissolution or recess for more than four days.

Welsh Statutory Instruments

2020 No. 1130 (W. 257)

Public Health, Wales

The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 19) Regulations 2020

Made

at 11.40 a.m. on 16 October 2020

Laid before Senedd Cymru

at 1.00 p.m. on 16 October 2020

Coming into force at 6.00 p.m. on 16 October 2020

16 October 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. 19) Regulations 2020 and they come into force at 6.00 p.m. on 16 October 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 2—

(a) in paragraph (1), after sub-paragraph (r) insert—

“(s) a “child” means a person who is aged under 18, but in regulations 14(2)(ja), 14A(2)(ea) and 14D(3)(l) and paragraphs 3(2)(la) and 4(2)(la) of Schedule 4A, it means a person who was aged under 18 on 31 August 2020;

(t) “local health protection area” means an area listed in paragraph 1 of Schedule 4A.”;

(b) at the end insert—

“(8) For the purposes of regulations 14, 14A and 14D and Schedule 4A, an activity or event is “organised” if—

(a) it is organised by—

(i) a business,

(ii) a public body or charitable, benevolent, educational or philanthropic institution,

(iii) a club or political organisation, or

(iv) the national governing body of a sport or other activity, and

(b) the person organising it has—

(i) carried out a risk assessment which would satisfy the requirements of regulation 3 of the Management of Health and Safety at Work Regulations 1999(3), whether or not the person is subject to those Regulations, and

(ii) complied with the requirements of regulations 12(2) and 13(1).

(9) For the purposes of paragraph (8)(b)—

(a) regulation 3 of the Management of Health and Safety at Work Regulations 1999 applies as if the activity or event were an undertaking conducted by the person organising it;

(b) regulation 12(2) of these Regulations applies as if the place where the activity or event takes place were open premises for which the person organising it is responsible.”

(3) In regulation 4, after paragraph (2) insert—

“(3) The Welsh Ministers must review the need for restrictions imposed by regulation 14D, and whether those restrictions are proportionate to what the Welsh Ministers seek to achieve by them—

(a) by 23 October 2020;

(b) at least once in the period of 7 days beginning on 24 October 2020;

(c) at least once in each subsequent period of 7 days.”

(4) In regulation 14(2)—

(a) in sub-paragraph (b), for “provide or receive care or assistance, including relevant personal care,” substitute “provide, receive or access care or assistance, including childcare or relevant personal care”;

(b) for sub-paragraph (ja) substitute—

“(ja) participate in or facilitate organised activities 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);”.

(5) In regulation 14A—

(a) in paragraph (2), for sub-paragraph (e) substitute—

“(e) provide, receive or access childcare;

(ea) participate in or facilitate organised activities 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);”;

(b) in paragraph (3), in the words before sub-paragraph (a), for “outdoor event” substitute “event held outdoors”;

(c) omit paragraphs (4) and (5).

(6) After regulation 14C insert—

“PART 4B Travel restrictions

Restriction on travel to and from areas of high prevalence of coronavirus

14D.— (1) No person living in an area listed in Schedule 4B may, without a reasonable excuse, enter or remain in a part of Wales that is not a local health protection area.

(2) No person living in a part of Wales that is not a local health protection area may, without a reasonable excuse, leave Wales for the purpose of entering an area listed in Schedule 4B.

(3) For the purposes of paragraphs (1) and (2), a reasonable excuse includes the need to do the following in a part of Wales that is not a local health protection area or in an area listed in Schedule 4B (respectively)—

(a) obtain—

(i) food and medical supplies for those in the same household (including animals in the household) or for vulnerable persons;

(ii) supplies for the essential upkeep, maintenance and functioning of the household, or the household of a vulnerable person;

(b) obtain money from or deposit money with any business or service listed in paragraph 6 or 7 of Schedule 4;

(c) obtain or provide medical assistance, including accessing any of the services referred to in paragraph 10 of Schedule 4 or accessing veterinary services;

(d) provide, receive or access 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(4), where the person receiving the care is a vulnerable person;

(e) work or provide voluntary or charitable services where it is not reasonably practicable to carry out the work or provide the service from outside the area;

(f) where the person is an elite athlete, train and compete;

(g) provide or receive emergency assistance;

(h) attend a solemnization of a marriage or formation of a civil partnership—

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

(ii) if invited to attend, or

(iii) as the carer of a person attending;

(i) attend 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;

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

(k) access or receive public services;

(l) participate in or facilitate organised activities 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);

(m) access educational services;

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

(o) move home;

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

(q) avoid injury or illness or escape a risk of harm;

(r) travel to reach a place outside the area.

(4) For the purposes of paragraph (1), it is not a reasonable excuse for a person to enter, or remain in, a part of Wales that is not a local health protection area to do anything if it would be reasonably practicable for the person to do that thing outside the area.

(5) For the purposes of paragraph (2), it is not a reasonable excuse for a person to leave Wales for the purpose of entering an area listed in Schedule 4B to do anything if it would be reasonably practicable for the person to do that thing outside the area.”

(7) In regulation 18—

(a) after paragraph (4A) insert—

“(4B) Where an enforcement officer has reasonable grounds for suspecting that a person (“P”) is contravening (or is about to contravene) regulation 14D(1) or (2), the officer may direct P to return to the place where P is living.”;

(b) in paragraph (5)(a), for “or (4A)” substitute “, (4A) or (4B)”;

(c) in paragraph (6ZA), after “contravene,” insert “regulation 14D(1) or (2) or”.

(8) In regulation 20—

(a) in paragraph (1)(b), for “or 14B(1)” substitute “, 14B(1) or 14D(1) or (2)”;

(b) in paragraph (3)(a), after “18(4A)(a),” insert “18(4B),”.

(9) In Schedule 4A—

(a) in paragraph 1(q)(viii), after “Menai” insert “(Bangor)”;

(b) in paragraph 3(2)—

(i) in sub-paragraph (d), for “provide or receive care or assistance, including relevant personal care,” substitute “provide, receive or access care or assistance, including childcare or relevant personal care”;

(ii) in sub-paragraph (l), for “childcare or education” substitute “educational”;

(iii) after sub-paragraph (l) insert—

“(la) participate in or facilitate organised activities 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);”;

(c) in paragraph 4(2)—

(i) in sub-paragraph (d), for “provide or receive care or assistance, including relevant personal care,” substitute “provide, receive or access care or assistance, including childcare or relevant personal care”;

(ii) in sub-paragraph (l), for “childcare or education” substitute “educational”;

(iii) after sub-paragraph (l) insert—

“(la) participate in or facilitate organised activities 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);”.

(10) After Schedule 4A insert—

Regulation 14D

“SCHEDULE 4B Travel restriction areas

Part 1: England

1.   The areas of the following, designated as Tier 2 areas by the Health Protection (Coronavirus, Local COVID-19 Alert Level) (High) (England) Regulations 2020(5) or as Tier 3 areas by the Health Protection (Coronavirus, Local COVID-19 Alert Level) (Very High) (England) Regulations 2020(6)—

Cheshire

• Cheshire East Council

• Cheshire West and Chester Council

• Warrington Borough Council

Cumbria

• Barrow-in-Furness Borough Council

Derbyshire

• Chesterfield Borough Council

• Erewash Borough Council

• North East Derbyshire District Council

• In the area of High Peak Borough Council, the following electoral areas (as defined by section 203(1) of the Representation of the People Act 1983(7))—

• Dinting

• Gamesley

• Hadfield North

• Hadfield South

• Howard Town

• Old Glossop

• Padfield

• Simmondley

• St John’s

• Tintwistle

• Whitfield

Durham

• Durham County Council

Essex

• Basildon Council

• Braintree District Council

• Brentwood Borough Council

• Castle Point Borough Council

• Chelmsford City Council

• Colchester Borough Council

• Epping Forest District Council

• Harlow Council

• Maldon District Council

• Rochford District Council

• Tendring District Council

• Uttlesford District Council

Greater London

• The Common Council of the City of London

• Barking and Dagenham Borough Council

• Barnet Borough Council

• Bexley Borough Council

• Brent Borough Council

• Bromley Borough Council

• Camden Borough Council

• Croydon Borough Council

• Ealing Borough Council

• Enfield Borough Council

• Greenwich Borough Council

• Hackney Borough Council

• Hammersmith and Fulham Borough Council

• Haringey Borough Council

• Harrow Borough Council

• Havering Borough Council

• Hillingdon Borough Council

• Hounslow Borough Council

• Islington Borough Council

• Kensington and Chelsea Borough Council

• Kingston upon Thames Borough Council

• Lambeth Borough Council

• Lewisham Borough Council

• Merton Borough Council

• Newham Borough Council

• Redbridge Borough Council

• Richmond upon Thames Borough Council

• Southwark Borough Council

• Sutton Borough Council

• Tower Hamlets Borough Council

• Waltham Forest Borough Council

• Wandsworth Borough Council

• Westminster City Council

Greater Manchester

• Bolton Metropolitan Borough Council

• Bury Metropolitan Borough Council

• Manchester City Council

• Oldham Metropolitan Borough Council

• Rochdale Borough Council

• Salford City Council

• Stockport Metropolitan Borough Council

• Tameside Metropolitan Borough Council

• Trafford Metropolitan Borough Council

• Wigan Metropolitan Borough Council

Lancashire

• Blackpool Council

• Blackburn with Darwen Borough Council

• Burnley Borough Council

• Chorley Borough Council

• Fylde Borough Council

• Hyndburn Borough Council

• Lancaster City Council

• Pendle Borough Council

• Preston City Council

• Ribble Valley Borough Council

• Rossendale Borough Council

• South Ribble Borough Council

• West Lancashire Borough Council

• Wyre Borough Council

Leicestershire

• Leicester City Council

• Oadby and Wigston Borough Council

Merseyside

• Halton Borough Council

• Knowsley Metropolitan Borough Council

• Liverpool City Council

• Sefton Borough Council

• St Helens Borough Council

• Wirral Metropolitan Borough Council

Northumberland

• Northumberland County Council

North Yorkshire

• City of York Council

Nottinghamshire

• Ashfield District Council

• Bassetlaw District Council

• Broxtowe Borough Council

• Gedling Borough Council

• Mansfield District Council

• Newark & Sherwood District Council

• Nottingham City Council

• Rushcliffe Borough Council

South Yorkshire

• Barnsley Metropolitan Borough Council

• Doncaster Council

• Rotherham Metropolitan Borough Council

• Sheffield City Council

Surrey

• Elmbridge Borough Council

Tees Valley

• Darlington Borough Council

• Hartlepool Borough Council

• Middlesbrough Borough Council

• Redcar and Cleveland Borough Council

• Stockton-on-Tees Borough Council

Tyne and Wear

• Gateshead Council

• Newcastle City Council

• North Tyneside Council

• South Tyneside Council

• Sunderland City Council

West Midlands

• Birmingham City Council

• Sandwell Metropolitan Borough Council

• Solihull Metropolitan Borough Council

• City of Wolverhampton Council

• Walsall Council

West Yorkshire

• City of Bradford Metropolitan District Council

• Calderdale Metropolitan Borough Council

• Kirklees Metropolitan Council

• Leeds City Council

• Wakefield Council

Part 2: Scotland

2.   The area designated as a protected area by the Health Protection (Coronavirus) (Restrictions and Requirements) (Additional Temporary Measures) (Scotland) Regulations 2020(8), comprising the local government areas of—

• City of Glasgow

• Clackmannanshire

• East Ayrshire

• East Dunbartonshire

• East Renfrewshire

• East Lothian

• Edinburgh City

• Falkirk

• Inverclyde

• Midlothian

• North Ayrshire

• North Lanarkshire

• Renfrewshire

• South Ayrshire

• South Lanarkshire

• Stirling

• West Dunbartonshire

• West Lothian

Part 3: Northern Ireland

3.   All of Northern Ireland.”

Mark Drakeford

First Minister, one of the Welsh Ministers

At 11.40 a.m. on 16 October 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) impose restrictions on persons travelling to Wales from parts of England, Scotland and Northern Ireland which have higher rates of prevalence of coronavirus, and corresponding restrictions on people travelling from Wales to such areas (this is done by reference to the parts of Wales that are not designated as local health protection areas due to the restrictions that are already in place on entering or leaving these areas);

(b) provide that it is a reasonable excuse to enter or leave a local health protection area to participate in or facilitate organised activities for the development or well-being of children, and modifies the reasonable excuses for gathering and for entering or leaving a local health protection area so that they are consistent;

(c) make other minor and consequential provisions.

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 S.I. 2020/752 (W. 169), S.I. 2020/803 (W. 176), S.I. 2020/820 (W. 180), S.I. 2020/843 (W. 186), S.I. 2020/867 (W. 189), S.I. 2020/884 (W. 195), S.I. 2020/912 (W. 204), S.I. 2020/961 (W. 215), S.I. 2020/985 (W. 222), S.I. 2020/1007 (W. 224), S.I. 2020/1011 (W. 225), S.I. 2020/1022 (W. 227), S.I. 2020/1035 (W. 229), S.I. 2020/1040 (W. 230), S.I. 2020/1043 (W. 232), S.I. 2020/1049 (W. 235), S.I. 2020/1066 (W. 240), S.I. 2020/1079 (W. 242) and S.I. 2020/1102 (W. 251).

(3)

S.I. 1999/3242. Regulation 3 was amended by S.I. 2005/1541, S.I. 2015/21 and S.I. 2015/1637.

(4)

2006 c. 47. Paragraph 7(3B) was inserted by section 66(2) of the Protection of Freedoms Act 2012 (c. 9).

(5)

S.I. 2020/1104.

(6)

S.I. 2020/1105.

(7)

c. 2. Amended by Schedule 3 to the Greater London Authority Act 1999 (c. 29).

(8)

S.S.I. 2020/318.