The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020

PART 1 E+W Restrictions on gathering

Restriction on gatherings in private dwellings E+W

1.—(1) No person may, without a reasonable excuse, participate in a gathering in a private dwelling which consists of more than 6 people unless all the persons participating in the gathering are members of the same household or extended household.

(2) In determining, for the purposes of sub-paragraph (1), the number of persons participating in a gathering no account is to be taken of—

(a) any children under the age of 11, or

(b) the carer of a person who is participating in the gathering.

(3) For the purposes of sub-paragraph (1), a person has a reasonable excuse if—

(a) the person is participating in the gathering for a purpose that is reasonably necessary and there is no reasonably practicable alternative, or

(b) one of the circumstances in sub-paragraph (5) applies.

(4) Examples of purposes for which it may be reasonably necessary for a person to participate in a gathering include—

(a) obtaining or providing medical assistance, or accessing veterinary services;

(b) working or providing voluntary or charitable services;

(c) meeting a legal obligation;

(d) providing, receiving or accessing 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, where the person receiving the care is a vulnerable person;

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

(f) moving home;

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

(h) accessing or receiving educational services.

(5) The circumstances referred to in sub-paragraph (3)(b) are that the person is—

(a) providing or receiving emergency assistance;

(b) avoiding illness, injury or other risk of harm.

(6) This paragraph does not apply to a person who is homeless.

Commencement Information

I1 Sch. 1 para. 1 in force at 20.12.2020, see reg. 1(3)

Restriction on gatherings in public places E+W

2.—(1) No person may, without a reasonable excuse, participate in a gathering which takes place other than in a private dwelling—

(a) indoors, or outdoors in regulated premises, which consists of more than 6 people unless all the persons participating in the gathering are members of the same household;

(b) outdoors in premises that are not regulated premises, which consists of more than 30 people unless all the persons participating in the gathering are members of the same household or extended household.

(2) In determining, for the purposes of sub-paragraph (1), the number of persons participating in a gathering no account is to be taken of—

(a) any children under the age of 11, or

(b) the carer of a person who is participating in the gathering.

(3) For the purposes of sub-paragraph (1), a person has a reasonable excuse if—

(a) the person is participating in the gathering for a purpose that is reasonably necessary and there is no reasonably practicable alternative, or

(b) one of the circumstances in sub-paragraph (5) applies.

(4) Examples of purposes for which it may be reasonably necessary for a person to participate in a gathering include—

(a) obtaining or providing medical assistance, or accessing veterinary services;

(b) working or providing voluntary or charitable services;

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

(d) providing, receiving or accessing 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, where the person receiving the care is a vulnerable person;

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

(f) moving home;

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

(h) accessing or receiving public services;

(i) accessing or receiving educational services.

(5) The circumstances referred to in sub-paragraph (3)(b) are that the person is—

(a) providing or receiving emergency assistance;

(b) avoiding illness, injury or other risk of harm;

(c) attending a solemnisation of a marriage, formation of a civil partnership or an alternative wedding ceremony—

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

(ii) if invited to attend, or

(iii) as the carer of a person attending;

(d) attending 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;

(e) participating in a gathering of no more than 50 people at regulated premises, not counting persons under the age of 11 or persons working at the premises, to—

(i) celebrate a solemnisation of a marriage, formation of a civil partnership or alternative wedding ceremony that takes place on or after 22 August 2020;

(ii) celebrate the life of a deceased person whose funeral is held on or after 22 August 2020;

(f) attending a place of worship;

(g) an elite athlete and is training or competing;

(h) providing coaching or other support to an elite athlete, or providing support at an elite sporting event;

(i) participating in or facilitating an indoor organised activity at which—

(i) no more than 50 people are in attendance, not counting persons under the age of 11 or persons working, or providing voluntary services, as part of the activity, and

(ii) no alcohol is consumed;

(j) participating in or facilitating an outdoor organised activity at which—

(i) no more than 100 people are in attendance, not counting persons under the age of 11 or persons working, or providing voluntary services, as part of the activity, and

(ii) no alcohol is consumed;

(k) participating in or facilitating an organised activity 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);

(l) attending or facilitating an event authorised by the Welsh Ministers in accordance with paragraph 5.

Commencement Information

I2 Sch. 1 para. 2 in force at 20.12.2020, see reg. 1(3)

Extended households E+W

3.—(1) Up to 3 households may agree to be treated as an extended household.

(2) In addition to the up to 3 households who may agree to be treated as an extended household under sub-paragraph (1), 1 [F1 well-being needs] household may also agree to be treated as part of that extended household.

(3) To agree to be treated as an extended household, all F2 ... members of the households must agree.

(4) A household may only agree to be treated as being in 1 extended household [F3 at any one time].

(5) Where households have agreed to be treated as an extended household under—

(a) paragraph 3 of Schedule 2,

(b) paragraph 3 of Schedule 3, or

(c) paragraph 3 of Schedule 4,

those households are to be treated as having agreed to be treated as an extended household under this paragraph.

(6) A household ceases to be treated as [F4 part of] an extended household if any F5 ... member of the household ceases to agree to be treated as [F4 part of] the extended household.

[F6 (6A) Sub-paragraph (6B) applies where—

(a) a person who would be, or is, a member of an extended household is a child, and

(b) a person who has parental responsibility for the child (“P”) is a member of the child’s household.

(6B) Where this sub-paragraph applies—

(a) the agreement required by sub-paragraph (3) is to be given by P (and not the child), and

(b) a household ceases to be treated as part of an extended household in accordance with sub-paragraph (6) if P ceases to agree to be treated as part of the extended household (whether or not the child also ceases to agree).]

(7) If a household ceases to be treated as [F7 part of] an extended household, the household may not agree to be treated as [F7 part of] an extended household with any other household [F8 unless a period of at least 10 days has expired since any member of the household last participated in a gathering with any member of another household in reliance on being treated as part of an extended household with that household].

(8) In this Schedule, references to an extended household are references to an extended household formed under or by virtue of this paragraph.

[F9 (9) In this paragraph, “well-being needs household” means—

(a) a single adult household;

(b) a household comprising of 1 or more children and no adults.]

Textual Amendments

F1 Words in Sch. 1 para. 3(2) substituted (13.3.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 5) Regulations 2021 (S.I. 2021/307), regs. 1(2), 2(4)(a)(i)

F2 Words in Sch. 1 para. 3(3) omitted (13.3.2021 immediately before the start of the day) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 5) Regulations 2021 (S.I. 2021/307), regs. 1(2), 2(4)(a)(ii)

F3 Words in Sch. 1 para. 3(4) inserted (30.1.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/103), regs. 1(2), 2(3)(a)

F4 Words in Sch. 1 para. 3(6) substituted (30.1.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/103), regs. 1(2), 2(3)(b)

F5 Word in Sch. 1 para. 3(6) omitted (13.3.2021 immediately before the start of the day) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 5) Regulations 2021 (S.I. 2021/307), regs. 1(2), 2(4)(a)(iii)

F6 Sch. 1 para. 3(6A)(6B) inserted (13.3.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 5) Regulations 2021 (S.I. 2021/307), regs. 1(2), 2(4)(a)(iv)

F7 Words in Sch. 1 para. 3(7) substituted (30.1.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/103), regs. 1(2), 2(3)(c)(i)

F8 Words in Sch. 1 para. 3(7) inserted (30.1.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/103), regs. 1(2), 2(3)(c)(ii)

F9 Sch. 1 para. 3(9) inserted (13.3.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 5) Regulations 2021 (S.I. 2021/307), regs. 1(2), 2(4)(a)(v)

Commencement Information

I3 Sch. 1 para. 3 in force at 20.12.2020, see reg. 1(3)