The Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020 (revoked)

EnforcementE+W

10.—(1) A relevant person may give a prohibition notice to a person if the relevant person F1...—

(a)[F2has reasonable grounds for suspecting that] the person is contravening a requirement in regulation 4, [F35(3C),] 6 [F4, 6A] or 7, and

(b)[F5considers] it is necessary and proportionate to give the prohibition notice for the purpose of preventing that person from continuing to contravene the requirement.

F6(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) For the [F7purposes of this regulation], [F8an individual has responsibility for a child if the individual]—

(a)has custody or charge of the child for the time being, or

(b)has parental responsibility for the child (within the meaning of the Children Act 1989).

F9(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Where a relevant person [F10has reasonable grounds for suspecting] that F11... people are gathered F12... in contravention of regulation [F138(1)], the relevant person may—

(a)direct the gathering to disperse;

(b)direct any person in the gathering to return to the place where they are living;

(c)remove any person in the gathering to the place where they are living.

[F14(8) A relevant person exercising the power in paragraph (7)—

(a)to direct a gathering to disperse, or

(b)to remove a person to the place where they are living,

may use reasonable force, if necessary, in exercise of the power.

(8A) Where a relevant person has reasonable grounds to suspect that a person (“P”) is in a gathering in contravention of regulation [F158(1)] and is a child accompanied by an individual (“I”) who has responsibility for P—

(a)the relevant person may direct I to take P to the place where P is living, and

(b)I must, so far as reasonably practicable, ensure that P complies with any direction or instruction given by the relevant person to P.

(8B) A relevant person may only exercise a power in paragraph (7) or (8A) if the relevant person considers that it is necessary and proportionate to do so.]

(9) [F16If a relevant person considers it necessary and proportionate for the purposes of preventing, or terminating, a contravention of regulation 9(4), the] relevant person may remove an individual from a public path or access land (within the meaning given by regulation 9(7)) which is closed (or is being closed) by virtue of regulation 9(1), and may use reasonable force [F17, if necessary,] to do so.

(10) A relevant person may take such other action as the relevant person considers necessary and proportionate to facilitate the exercise of a power conferred on the person by this regulation or regulation 11 [F18(including requiring a person to provide information as to whether two households have entered into an agreement in accordance with regulation 1(6))].

(11) For the purposes of this regulation and regulations 11, 12 and 13, a “relevant person” means—

(a)a constable,

(b)a police community support officer, or

(c)a person designated by—

(i)the Welsh Ministers,

(ii)a local authority,

(iii)a National Park authority in Wales, or

(iv)Natural Resources Wales,

for the purposes of this regulation and regulations 11, 12 and 13 (but see paragraphs (12) and (13)).

(12) A person designated by a local authority may exercise a relevant person's functions only in relation to a contravention (or alleged contravention) of a requirement in regulation 4, [F195(3C),] 6, [F206A,] 7 or 9(4).

(13) A person designated by a National Park authority or Natural Resources Wales may exercise a relevant person's functions only in relation to a contravention (or alleged contravention) of the requirement in regulation 9(4).

(14) In this regulation and regulations 11 and 12, references to a requirement include references to a restriction.

Textual Amendments

Commencement Information

I1Reg. 10 in force at made date at 4.00 p.m., see reg. 1(1)