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

PART 2 E+W Closure of businesses and premises

Closure of indoor bars and restaurants etc. E+W

6.—(1) A person responsible for carrying on a business which is listed in Schedule 1 must close any part of its premises which is indoors and used for the consumption of food or drink.

(2) But paragraph (1) does not prevent the provision of room service at a hotel or other accommodation.

(3) And paragraph (1) applies subject to the need to carry out maintenance and repairs and other work to ensure premises are suitable for use when paragraph (1) no longer applies to the business.

(4) For the purposes of paragraph (1), an indoor area adjacent to the premises of the business where seating is made available for customers of the business (whether or not by the business) is to be treated as part of the premises of that business.

Commencement Information

I1 Reg. 6 in force at 13.7.2020, see reg. 1(4)

Closure of other businesses and services E+W

7.—(1) A person responsible for carrying on a business or providing a service which is listed in Schedule 2 must cease to carry on that business or to provide that service.

(2) But paragraph (1) does not prevent the use of—

(a) premises used for the businesses or services listed in paragraphs F1 ... 2, 4, 5, 6 or 12 of Schedule 2 to broadcast without an audience present at the premises (whether over the internet or as part of a radio or television broadcast);

(b) premises for any purpose as may be requested by the Welsh Ministers or a local authority;

(c) premises for training for elite athletes;

F2 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) And paragraph (1) applies subject to the need to carry out maintenance and repairs and other work to ensure premises are suitable for use when paragraph (1) no longer applies to the business or service.

Textual Amendments

F1 Word in reg. 7(2)(a) omitted (27.7.2020) by virtue of The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/803), regs. 1(4), 3(4)(a) (with reg. 4)

F2 Reg. 7(2)(d) omitted (27.7.2020) by virtue of The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/803), regs. 1(4), 3(4)(b) (with reg. 4)

Commencement Information

I2 Reg. 7 in force at 13.7.2020, see reg. 1(4)

Closure of holiday accommodation E+W

F3 8.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Reg. 8 omitted (25.7.2020) by virtue of The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/803), regs. 1(3), 2(2) (with reg. 4)

Businesses forming part of a larger business E+W

9.  Where—

(a) a person responsible for carrying on a business (“business A”) is required, by virtue of regulation 6(1) [F4 or 7(1)] to cease carrying on business A, and

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

the requirement in regulation 6(1) [F4 or 7(1)] is complied with if the person responsible for carrying on business B ceases to carry on business A.

Textual Amendments

F4 Words in reg. 9 substituted (25.7.2020) by The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/803), regs. 1(3), 2(3) (with reg. 4)

Commencement Information

I3 Reg. 9 in force at 11.7.2020 for specified purposes, see reg. 1(3)(c)

I4 Reg. 9 in force at 13.7.2020 in so far as not already in force, see reg. 1(4)

Closure of F5 ... community centres E+W

10.—F6 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

(4) A person responsible for a community centre must ensure that the community centre is closed except where it is used to provide—

(a) essential voluntary services, or

(b) public services upon the request of the Welsh Ministers or a local authority.

Textual Amendments

F5 Words in reg. 10 heading omitted (27.7.2020) by virtue of The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/803), regs. 1(4), 3(5)(b) (with reg. 4)

F6 Reg. 10(1)-(3) omitted (27.7.2020) by virtue of The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/803), regs. 1(4), 3(5)(a) (with reg. 4)

Commencement Information

I5 Reg. 10 in force at 13.7.2020, see reg. 1(4)

Closure of certain public paths and access land E+W

11.—(1) Where paragraph (2) applies to a public path or access land in the area of a relevant authority, the relevant authority must—

(a) close the public path or access land, and

(b) keep it closed until the time when the authority considers that closure is no longer necessary to prevent, protect against, control or provide a public health response to the incidence or spread of infection with coronavirus in its area.

(2) This paragraph applies to the public paths and access land in its area a relevant authority considers—

(a) to be liable to large numbers of people congregating or being in close proximity to each other, or

(b) the use of which otherwise poses a high risk to the incidence or spread of infection with coronavirus in its area.

(3) Where a public path has been closed under—

(a) regulation 4 of the Health Protection (Coronavirus: Closure of Leisure Businesses, Footpaths and Access Land) (Wales) Regulations 2020 M1 , or

(b) regulation 9 of the Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020 M2 ,

the path is to be treated as if it were closed under paragraph (1) of this regulation.

(4) No person may use a public path or access land closed by virtue of paragraph (1) unless authorised by the relevant authority.

(5) The relevant authority must—

(a) publish a list of public paths or access land closed in its area on a website;

(b) erect and maintain notices in prominent places informing the public of the closure of a public path or access land.

(6) For the purposes of this regulation references to a public path or access land include parts of a public path or access land.

(7) In this regulation—

(a) the “relevant authority” means—

(i) a local authority,

(ii) a National Park authority in Wales,

(iii) Natural Resources Wales, or

(iv) the National Trust;

(b) “public path” means a footpath, bridleway, byway, restricted byway or cycle track and—

(i) “footpath”, “bridleway” and “cycle track” have the same meaning as in section 329(1) of the Highways Act 1980 M3 ;

(ii) “byway” means a byway open to all traffic within the meaning given by section 66(1) of the Wildlife and Countryside Act 1981 M4 ;

(iii) “restricted byway” has the meaning given by section 48(4) of the Countryside and Rights of Way Act 2000 M5 ;

(c) “access land” includes land to which the public has access by virtue of its ownership by the National Trust, but otherwise has the same meaning as in section 1(1) of the Countryside and Rights of Way Act 2000 M6 .

Commencement Information

I6 Reg. 11 in force at 13.7.2020, see reg. 1(4)

Marginal Citations

M1 S.I. 2020/334 (W. 76).

M2 S.I. 2020/353 (W. 80).

M3 1980 c.66. Section 329 was amended by section 1 of the Cycle Tracks Act 1984 (c. 38) and paragraph 21 of Schedule 3 to the Road Traffic (Consequential Provisions) Act 1988 (c. 54).

M4 1981 c. 69.

M5 2000 c. 37.

M6 2000 c. 37. Section 1(1) was amended by section 302(2)(a) of the Marine and Coastal Access Act 2009 (c. 23).